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Commonwealth Legislative Drafting Manual

Commonwealth Legislative Drafting Manual


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About the Book

In 1976, recognising that there was a shortage of trained legislative drafters in the Commonwealth, the Commonwealth Secretariat first published a legislative drafting manual aimed at informing those practitioners with little or no previous experience in the skill, and assisting those with some experience who had never considered why drafting needed to be undertaken in a particular way.

That aim remains, but more than 40 years later there have been important changes in the way legislation is drafted. These mainly concern the perceived need to make it more accessible to those to be affected by it, in particular by the use of plain language and sentence structures that relate more closely to those used in formal nonlegislative documents.

In the light of these and other changes, the Commonwealth Legislative Drafting Manual has been completely rewritten, and it now guides the practitioner step by step through the various things he or she needs to know. It also contains a series of appendices relating to the procedure for the preparation of legislation, the contents of drafting instructions, and some hints to the beginner on the best approaches to the task.

Table of Contents:

  • Foreword
  • Preface
  • Acknowledgements
  • 1. What is Legislation and why is it Drafted the Way it is?
  • 1.1 What is legislation?
  • 1.2 How is legislation created?
  • 1.3 Why is legislation drafted in the way it is?
  • Note
  • 2. The Role of Legislative Counsel
  • 2.1 Analysis and understanding of what the policy-makers require
  • 2.2 Effective communication of the intentions of the policy-makers
  • 2.3 Specific attributes of effective communication
  • 2.4 Constraints on legislative counsel
  • 3. Background Legislation
  • 3.1 The Constitution
  • 3.2 The Anterpretation Act
  • Note
  • 4. The Basic Elements of a Legislative Sentence
  • 4.1 Legal subject
  • 4.2 Legal action
  • 4.3 Context
  • 4.4 Prominence for the legal subject
  • 4.5 Prominence for the legal action
  • 5. Modern Commonwealth Conventions in Legislative Drafting
  • 5.1 The need for consistency and conciseness
  • 5.2 Who is affected by the rule?
  • 5.3 What is required or permitted?
  • Note
  • 6. Plain Language Drafting
  • 6.1 Introduction
  • 6.2 Reasons why legislation may fail to communicate clearly
  • 6.3 General objective of plain English in drafting legislation
  • 6.4 The most common specific problems that need to be addressed
  • 6.5 The aims of plain English in legislation
  • Notes
  • 7. Structuring Legislative Drafts
  • 7.1 Sentences
  • 7.2 Paragraphs
  • 7.3 Grouping provisions in an Act
  • 7.4 Linking devices
  • 8. Punctuation (and Capitalisation)
  • 8.1 Full stop
  • 8.2 Colon
  • 8.3 Dash
  • 8.4 Semi-colon
  • 8.5 Quotation marks (or inverted commas)
  • 8.6 Brackets
  • 8.7 Hyphen
  • 8.8 Apostrophe
  • 8.9 Comma
  • 8.10 Capital letters
  • Note
  • 9. Definitions and Interpretation Provisions
  • 9.1 Introduction
  • 9.2 Definitions and other interpretation provisions generally
  • 9.3 Different kinds of interpretation provisions and definitions
  • 9.4 Writing definitions
  • 9.5 Where particular care is needed in definitions
  • 9.6 Where do interpretation provisions go?
  • 10. Words to use With Special Care (and Other Drafting Problems)
  • 10.1 Introduction
  • 10.2 'And' and 'Or'
  • 10.3 'Which' and 'that'
  • 10.4 'All', 'any', 'each' and 'every'
  • 10.5 'Such'
  • 10.6 Singular and plural
  • 10.7 Elliptical writing (omission of words which are to be implied)
  • 10.8 Indeterminate terms
  • 10.9 Gender-Neutral Drafting
  • 10.10 Expressing time
  • 10.11 Expressing numbers
  • 11. The Legislative Scheme: Principles governing the type of legislation required and the ordering of its provisions
  • 11.1 Fundamental questions to be answered
  • 11.2 A logical structure to legislation
  • 11.3 The logical sequence of sections within a Part
  • 12. Preliminary Provisions
  • 12.1 Introductory Provisions
  • 12.2 Preliminary provisions
  • 13. Final Provisions
  • 13.1 Repeals
  • 13.2 Transitional and savings provisions
  • 13.3 Schedules
  • 14. Penal Provisions
  • 14.1 General formulae
  • 14.2 Different types of penalties
  • 14.3 Parties to offences
  • 14.4 Strict liability in criminal law
  • 14.5 Shifting the burden of proof
  • 14.6 General matters concerning offences and penalties
  • 14.7 Other matters consequent on conviction
  • 14.8 Administrative penalties
  • 15. Delegated Powers to Make Legislation
  • 15.1 Why are powers to legislate delegated?
  • 15.2 What form does subsidiary legislation take?
  • 15.3 Questions about delegation which need to be considered by legislative counsel
  • 15.4 How does the legislature supervise the making of subsidiary legislation?
  • 15.5 Drafting subsidiary legislation
  • 15.6 Typical layouts of subsidiary legislation, and executive instruments that are in some jurisdictions treated as subsidiary legislation
  • Note
  • 16. Amending Legislation
  • 16.1 How may statutes be amended?
  • 16.2 Direct (or textual) and indirect methods of amending
  • 16.3 Substantive and consequential amendments
  • 16.4 Amendment, or repeal and replacement?
  • 16.5 Retrospectivity of amendments
  • 16.6 Drafting textual amendments
  • 16.7 Renumbering
  • 16.8 Punctuation
  • 16.9 Indentation and spacing
  • 16.10 Style
  • 17. Specific Types of Application
  • 17.1 Retrospective and retroactive provisions
  • 17.2 Extra-territorial legislation
  • 17.3 Binding the government
  • 18. Statutory Corporations
  • 18.1 Functions of statutory corporations
  • 18.2 Terminology traditionally used
  • 18.3 Corporate or non-corporate?
  • 18.4 Features of a body corporate
  • 18.5 Establishment of a body corporate
  • 18.6 Drafting provisions to establish a statutory corporation
  • 19. Licensing Legislation
  • 19.1 Introduction
  • 19.2 The purposes of licensing and registration
  • 19.3 The contents of licensing legislation
  • 19.4 Typical transitional and savings provisions relating to licences
  • 20. Financial Legislation
  • 20.1 Introduction
  • 20.2 Government accounting
  • 20.3 Government expenditure
  • 20.4 Government borrowing, guarantees and lending
  • 20.5 Taxation
  • Appendix A: Legislative Procedure and Preparation
  • Appendix B: Guidelines for the Preparation of Cabinet Submissions
  • Appendix C: Drafting Instructions
  • Appendix D: Suggested Approaches to Translation of Policy
  • Appendix E: Suggested Approaches to Drafting


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    Product Details
    • ISBN-13: 9781849291699
    • Publisher: Commonwealth Secretariat
    • Publisher Imprint: Commonwealth Secretariat
    • Height: 253 mm
    • No of Pages: 204
    • ISBN-10: 1849291691
    • Publisher Date: 30 Nov 2017
    • Binding: Paperback
    • Language: English
    • Width: 190 mm


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