Copyright Bill The second Explanatory Memorandum: Example of a Comparative Memorandum How To Write An Explanatory Memorandum Two: Explanatory Memoranda in the states and territories Endnotes.
This online version was last updated on 12 September, Explanatory Memoranda now accompany every government Bill introduced into the Parliament, but this has not always been the case. From tothere was no easy way of knowing if an Explanatory Memorandum had been produced for a particular Bill. In the first half of the 20 th century, Memoranda more commonly took the form of Comparative Memoranda, that is, documents that set out the text of a principal Act as it would appear if the current Bill was passed and identified the additions or deletions made by the Bill to that Act.
From the s, Explanatory Memoranda in the modern sense have been more common. These are documents that assist link of Parliament, officials and the public to understand the objectives and detailed operation of the clauses of a Bill. Explanatory Statements are similar to Explanatory Memoranda, but the term is used for documents that explain the purpose of Commonwealth Regulations rather than Bills.
These have been supplied by government departments to the Senate Regulations and Ordinances Committee since However, there is presently no easy way to obtain copies of Explanatory Statements that pre-date FromExplanatory Statements to all subordinate legislation are available from the Federal Register of Legislative Instruments.
Sincesection 15AB of the Acts Interpretation Act has provided for the use of extrinsic material in the interpretation of an Act of Parliament. Included in the list of relevant extrinsic material is:. Previously, Explanatory Memoranda EMs had been used principally as an aid in the legislative process, but with this amendment, they assumed much more importance in the interpretative process.
This change was not matched, however, by an increase in the availability of past EMs, and in fact, the early history of EMs is unknown.
Judging from the number of phone calls received by the Parliamentary Library How To Write An Explanatory Memorandum Canberra, the question Was there an EM?
Fromit has been standard practice for an EM to be presented to Parliament with every government Bill. This practice does not however apply to private senators or this web page Bills. Thus the availability of EMs will now be clear for the whole history of the Commonwealth Parliament. The aim of this Research Brief is to explain some of the history revealed by the new Index.
A brief overview of the history of EMs in the states and territories is also included at Appendix Two. It is worth recording the practice of the UK House of Commons which shows that the use of material similar to EMs is long-established.
The edition of Erskine May s guide to parliamentary practice states as follows:. The practice of affixing a breviate or brief to every bill, prevailed during the greater part of the 17th century; 3. Ina complaint about explanatory material seems to imply that the practice of preparing explanatory material had fallen out of use and was viewed with some wariness:. Speaker to the fact that at the head of the Bill, as circulated to hon.
Writing a Legal Memorandum for the CP:CLA with Leanne the Lawyer
Members, there was a statement or a summary of the objects of the measure drawn up on the authority of those who had introduced it. He thought that such a practice was a dangerous one, and that if such a statement was to be drawn up at all it ought to be done by an entirely independent authority. As the right hon. Gentleman has called my attention to the statement of objects contained at the head of this Bill, I am bound to say that I think the practice referred to is one which is open to abuse No doubt, to a certain extent, some convenience may result from the practice of accompanying a Bill by such a statement; but, at the same time, How To Write An Explanatory Memorandum feel the force of the observation that if a statement of this kind is desirable it click be drawn up by some independent authority.
The quotation from Erskine May above concluded as follows:. When was the first EM presented to the Commonwealth Parliament? The answer is, surprisingly early. When the Copyright Bill was introduced in the Senate in Augustquestions were asked during debate about the origins of the clauses in the Bill. Senator George Pearce stated that:.
GUIDE TO PREPARING AN EXPLANATORY MEMORANDUM detailed instructions about how to write clause The explanatory memorandum to a Government Bill must be. Explanatory Memorandum Document Writing and Preparation Services by cocktail24.info's global consultants and attorneys for private and public offerings. Was there an EM?: Explanatory Memoranda and Explanatory Statements in the Commonwealth Parliament* Explanatory Memorandum (House of Representatives version). Guide to writing an explanatory statement. Prepared by Peter Bayne. Legal Adviser (Bills) March 2 The purposes of an explanatory statement. 1. In , the Justice Department convicted the largest Islamic charity in North America, The Holy Land Foundation, and its leadership of channeling more than twelve.
Senator Keating in introducing the measure, indicated that it is largely based on the report of the [ 78 UK] Royal Commission. It would have been helpful to honorable senators in the case of a highly technical measure of this description, if some indication had been given as to what portions of the bill are based on the report of the Commission, and what are based on existing legislation.
We should then have been able to see how far the Bill clashes with, or takes away, existing rights in the States. I notice from this Bill an absence of marginal notes, telling us from what source the clauses are taken. We have often found such notes of great service in the consideration of Bills.
I am, however, informed that many of the clauses have been taken not from English Acts, but from Bills prepared as the result of various conventions and conferences on copyright. Those Bills, as Senator Symon tells us, have not yet been placed upon the statute-book of Great Britain. This web page wish to indicate that I heard the representations made by some honorable senators in discussing the second reading.
I think it might facilitate click consideration of the measure if some information of the character they referred to were supplied to them. Originally it was my intention to have a memorandum prepared on this highly technical Bill, which would help honorable senators to understand its provisions. Before the consideration of the Bill in Committee is resumed, I shall endeavour to get such information supplied to them as will enable them to properly approach its consideration.
The resulting document, Memorandum of References to Similar Provisions in Acts and Billsbears a printer s date of 12 September How To Write An Explanatory Memorandum was referred to in the parliamentary debate on 13 September as a very useful paper which has How To Write An Explanatory Memorandum circulated. The Copyright Bill was amended before it passed the Senate. This first known EM for the Commonwealth Parliament is one of a very select group whose main task was to outline the precedents from the United Kingdom, the Australian states, New Zealand or Canada from which the provisions of a Commonwealth Bill were drawn.
This information was usually included in marginal notes; see p. There are only four such EMs in the Index, three of which date from before I hope by Saturday morning to have [senators] supplied with a printed memorandum which will not only give a reference to the sections of the Act sought to be amended, but point out concisely the effect of each amendment and the necessity or reason for its enactment. I shall supply [senators] with a copy of the principal Act, and a memorandum which will clearly indicate, in concise form, the effect of each amendment, and the necessity or reason for its amendment.
This description would sit well with any of today s EMs. The four-page EM was printed on 16 September Although it has at most 3 4 sentences per clause of the Bill and concentrates on explaining what has changed rather than why it has changed, it is easily recognisable as an EM.
The differences between the Senate and House of Representatives versions are best seen in the handwritten annotations of Robert Garran, then Secretary of the Attorney-General s Department, in the file on the Bill now held by the National Archives of Australia. Although these first EMs were revised to reflect parliamentary amendments to the Bills concerned, it was to be over 28 years before similar cases occurred, with the Excise How To Write An Explanatory Memorandumthe Navigation Bill and the Australian Soldiers Repatriation Bill The natural tendency today is to regard EMs as the primary tool to assist Parliament in its task of scrutinising proposed legislation, but this was not the case during the first decades of the 20 th century.
A number How To Write An Explanatory Memorandum approaches were tried before EMs established their supremacy. On a few occasions in 02, when the first laws of the new nation were being made, versions of Bills were produced that showed, in bold font or strikethrough fontthe additions or deletions being made during passage through Parliament. Today, if amendments have occurred, new versions of Bills are routinely produced once they have passed one of the houses of Parliament.
What is different check this out these early examples, however, is that the amendments are made obvious to the eye. This practice seems not to have persisted intobut was replaced by other approaches. On one occasion, a sheet of amendments was circulated explaining the differences between the Judiciary Bill and the Judiciary Bill If an entirely new Bill were submitted, it would be very difficult for honorable senators to appreciate where an alteration was being made.
That method has been adopted, but experience has shown that it is attended with some difficulties. Another legislative aid, occasionally used, was the production of a table of contents of the sections of a Bill.
It did not however become a common practice until Marginal notes were also inserted into some early Bills, showing the location of precedents from other jurisdictions for particular provisions of a Bill. These marginal notes were used from until at leastand some were still present in the reprint of Commonwealth Acts.
A slightly new approach was tried later inthe same year that the first EMs were produced. A document was produced setting out certain sections of the existing Immigration Restriction Actas they would be if amended. Again, ina part of the Article source Industries Preservation Bill was printed with the proposed amendments incorporated.
MEMORANDUM ON THE GENERAL STRATEGIC is an “Explanatory Memorandum My request to my brothers is to read the memorandum and to write what they. For a link to the full Notice of Annual General Meeting and Explanatory Memorandum please click: Write a Press Release; Create a Newsroom; Send PR via Email. Leaving an explanatory letter can be a meaningful and safe way to express sentiments that don’t belong in your will. Learn more about Writing a Will: Explanatory. This index lists all items identified as Explanatory Memoranda or as Comparative Memoranda from to the end of (1 st –32 nd Parliaments). From , the.
Most of these dozen documents related to completely new laws. As time went by, however, the practice of passing amending Acts prompted new ways of conveying information. The developments outlined in the preceding paragraphs culminated in the production of a new type of document.
Late ina document was presented to the House of Representatives entitled Reprint of the Commonwealth Electoral Acts, showing the amendments proposed by the Commonwealth Electoral Bill see Figure 2. Type ruled through indicates the matter proposed to be omitted.
Black type indicates matter proposed to be inserted.
Users of word-processing software that tracks changes check this out be familiar with the practice adopted here. This document contains nothing by way of summary or explanation of the Bill, and therefore cannot really be called an Explanatory Memorandum. The term black-type memorandum is used for this type of document, even today, by staff of the Attorney-General s Department and the Office of Parliamentary Counsel, because new material was shown in bold type.
However, the term Comparative Memorandum CM has been used before, and is adopted in the Index for this type of document.
A document that sets out the text of a principal Act as it will appear if the current Bill is passed, and identifies the additions or deletions made by the Bill to that Act. Alternatively, it sets out differences between a current Bill and a former version of that Bill, or between an existing rate of tariff and a proposed rate. Although the dozen documents produced from as early as do fit this definition of CM, the significant innovation in was that for the first time an anticipatory reprint of an existing Act, with proposed amendments highlighted by different fonts, was produced.
The innovation did not pass unnoticed. During the second reading debate on 29 OctoberMr J. Catts Labor, Cook spoke as follows:. I have not, so far, heard any honorable member congratulate the Minister of Home Affairs on the way in which this Bill has been presented for our consideration. How To Write An Explanatory Memorandum wish to do so now. Under the practice hitherto adopted in the framing of How To Write An Explanatory Memorandum measures it has been very difficult for honorable members to compare the proposed amendments with the various provisions of existing legislation.
I am very glad to note in this case a new departure.
The Minister has supplied honorable members with a copy of the existing Act as proposed to be amended by this measure, in which the amendments are indicated in black letters. Honorable members are thus enabled very readily to understand the changes proposed to be made in the existing law.
In the period covered by the Index, there are CMs, the latest having been issued for the Freedom of Information Bill showing the differences between it and the Freedom of Information Bill