Statutory instruments are legislative "tools" which are permitted (enabled) by specific provisions within an Act.
The Federal Register of Legislation (FROL) incorporates the Federal Register of Legislative Instruments (FRLI) which was established under section 20 of the Legislative Instruments Act 2003 (Cth).
- Legislative Instruments includes all the materials previously called subordinate or delegated legislation, or regulations of Statutory Rules.
- Regulations were previously published as "Statutory Rules (year) No.". Following the commencement of the Legislative Instruments Act 2003 regulations are "Select Legislative Instrument (year) No.". The change in terminology is reflected in Legendcom and FROL but not completely in LexisNexis AU.
Note: The Legislative Instruments Act 2003 (Cth) was renamed the Legislation Act 2003 (Cth) following the commencement of the Acts and Instruments (Framework Reform) Act 2015 in March 2016. Section 20 of the Act has now been repealed and the Federal Register of Legislative Instruments has been incorporated into the Federal Register of Legislation.
Note: The Select Legislative Instrument (SLI) numbered series has ceased printing and as a result the practice of allocating SLI numbers to instruments has been discontinued from January 2016. Historic information about SLI's and SR's is still available on the FROL website.
Legislative instruments (formerly Gazette Notices) are legislation used to set out very specific requirements that require less parliamentary scrutiny and are subject to frequent change.
In other words, legislative instruments provide a flexible mechanism for requirements to be amended quickly without requiring the same level of approval as an Act change.
Federal Register of Legislation
Step 1: Go to FROL, and from the homepage, select the blue box labelled Acts in Force.
Step 2: You will now see an alphabetical display from which you can select the starting letter(s) of the title of the Act you are looking for. In this case, select Au.
Step 3: Locate the Australian Citizenship Act 2007 from the resulting list.
Step 4: Select View Series from next to the Act.
Step 5: On the Series page for the Act, select the Enables tab.
This will give you a list a legislative instruments enabled by the Australian Citizenship Act 2007 (Cth).
Step 6: To find out more information about an individual legislative instrument, click on its title.
Look at the legislative instrument shown in the image below.
The Australian Citizenship Act 2007 - Specification under section 22C - Special Residence Requirements - June 2013.
Step 7: Locate the link to the Principal item under the tab Principal + Amendments. Click on the title.
Step 8: This will take you to the page for that item.
From here you can view the series page for the item by selecting View Series.
You will also be able to view more information about the legislative instrument, including its legislative history, by selecting Details from the bottom of the box on the left-hand side.
LEGENDcom
You can search or browse LEGENDcom to locate the material you need.
Note: You should be aware if an instrument is applicable to a decision/use and where in the parent legislation (Act, Regulations) that instrument comes from.
The LEGENDcom home screen has a selection of tiles for categories of content.
When you click on Migration or Citizenship, you will see tiles for Categories of content.
Select Instruments, Notices & Directions:
You can then select from the Registered and Non-Registered Instruments for Acts and Regulations.
The Instruments are then set out in Tables.
Remember: when quoting from an Instrument, use the link in the FRL ID column of the Table, which will take you to the federal Register of Legislation, and copy and quotes from the FRoL.
Registration
Most legislative instruments require registration on the Federal Register of Legislation (FRL).
Exempt and non-legislative instruments do not need to be registered on FRL, but in unique situations may be required to be gazetted in the Commonwealth of Australia Gazette.
Date of effect of Legislative Instruments, Gazette Notices and s499 Directions
Instruments often take effect on a specified date (this can be other than the start date of a stack).
When this happens, two (or more) versions of the instrument may be in effect for different periods during a single stack date range.
When an instrument is updated or created, bold text is used to indicate the latest version of the instrument along with a link to the instrument in the FRL.
Superseded versions are not linked but remain in the table for reference (there is still a link in the table to the instrument on the FRL).
Migration Act - Section 499 Directions
The s499 Directions are not legislation.
They are policy instructions, albeit at the highest possible level.
They sit in a space in between policy and legislation.
The Migration Act requires decision makers to comply with these directions.
The popup over the title of each direction provides useful information including when the direction came into effect.
Browsing and Searching for Policy Documents on LEGENDcom
Browsing
Step 1: Log in to LEGENDcom- remember to be careful with the password!
Step 2: Open the Tile you need - most likely Migration
The content under this folder is made up of:
- A (Acts);
- R (Regulations and Legislative Instruments)
- Ministerial Directions under s 449 of the Migration Act 1958 (Cth)
- P (Policy - Procedures Advice Manual PAM3)
- I (Fast Load Instructions (FLIs) and Migration Series Instructions)
Step 3: Click a tile to select the headings of interest
- Related legislation and policy documents are hyperlinked to each other
- Pop-up boxes provide value-added information in the form of explanations, background, and links to related information
These can sometimes be easier to use than the stacks for policy
Searching
Alternatively you can search through LEGENDcom:
- Click on the Advanced Search tab on the Banner, or use the basic search box from the LEGENDcom homescreen
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Enter the terms in to the relevant fields in either search box, then click search.
Keeping up to Date
The home page on LEGENDcom includes notices about new legislative instruments along with information about the software and any access problems.
It is suggested that you check this regularly.
The Department of Immigration and Border Protection publishes updates and changes under the heading Notices of Legislative Changes.
You can also access the Agents Gateway from the Business and Employers tab across the top of the screen.
The Agents Gateway provides information for registered migration agents on the department's online services, visa related information, policy changes, as well as useful links and resources.