Authorised legislation (online)
Jurisdiction Authorised? Notes
Commonwealth Yes “Most but not all ComLaw content is authoritative. http://www.comlaw.gov.au/ (selected ComLaw includes the only database of Australian Government legislation that is authoritative for the items only) purposes of legal proceedings. No other website in the world can make this claim.
Authoritative text is always in Adobe Acrobat (PDF) format and is stamped with the document's unique ComLaw/FRLI ID on every page. Relevant records are always identified with a distinctive 'tick' logo and you will see two variations of it:
If you do not see the authoritative logo, or if you access the text in a format other than PDF, then the material is not authoritative and it may not have been subject to the same quality checks as authoritative material.”
Source: ComLaw - Disclaimer. http://www.comlaw.gov.au/content/disclaimer#authoritative
Authorising Legislation / Gazette notices: Authoritative Acts Database Declaration 2011, Gazette No S7, 17 January 2011. Legislative Instruments Act 2003 (Cth) Pt 4 Div 1 (s 22 covers the ‘status’ of FRLI)
Australian Capital Territory Yes “You can now access authorised printed legislation by downloading authorised files from this web http://www.legislation.act.gov.au/ site and printing them yourself. This means that a document printed from an authorised file is legally presumed to be an accurate copy of the piece of legislation.
Until recently, ACT legislation was authorised only when viewed electronically on this web site or when the copy was printed by the government printer.
Extra security is necessary to make sure the documents that are downloaded are true copies of ACT legislation. The ACT Parliamentary Counsel’s Office (PCO), the office that drafts and publishes ACT legislation, has implemented measures to provide this security.”
Source: ACT Legislation Register – Authentication. http://www.legislation.act.gov.au/Updates/authentication.asp
Authorising legislation: Legislation Act 2001 (ACT) Ch 2
Additional information from Victor Rodziewicz, Library Manager, Russell Fox Library
Status of legislation Legislation on the ACT Legislation Register is accessible in authorised and unauthorised versions.
Authorised versions—pdf Under the Legislation Act, authorised versions of legislation on the register attract the same evidentiary presumptions that apply to authorised printed versions (see Legislation Act 2001, chapter 3). Authorised versions appear in portable document format (pdf). This format provides a high level of security for published documents on the Internet. It also keeps the original format and design of documents. Authorised versions also have a digital signature applied. Digital signatures are a way of encrypting electronic documents by applying a mathematical code—a ‘private key’—held securely by PCO. Register users can use a certificate—a ‘public key’—to confirm that a document was created by PCO and to make sure it hasn’t been changed since the document was last digitally signed.
Digital signatures are also applied to authorised copies of legislative material such as explanatory statements and bills presented to the Legislative Assembly. These documents have the same legal status as authorised legislation.
Unauthorised versions—rtf The register also provides versions of legislation in rich text format (rtf). Versions in this format are not authorised, but are included to facilitate searching and copying and to provide a higher level of accessibility.
New South Wales Yes “Legislation authorised http://www.legislation.nsw.gov.au/ the In Force database (in HTML format) (selected the As Made database (in PDF) dated 2000 or later. categories of legislation) Legislation not authorised Pre-2000 titles in PDF in the As Made database (these were scanned and have not been fully proofread and carry the risk that portions of the material may have scanned incorrectly). PDF versions of titles in the In Force database. PDF versions of maps for selected titles in the In Force database, being maps referred to in the titles and available from a map index link. Documents adopted by reference in any title.”
Source: NSW Legislation - About. http://www.legislation.nsw.gov.au/about_page.html
Authorising legislation: Interpretation Act 1987 (NSW) s 45C
Northern Territory No “Whilst every care has been taken in their preparation, the documents on these databases should http://dcm.nt.gov.au/strong_service only be used as a guide and no responsibility is taken or accepted for their accuracy. Acts and _delivery/supporting_government/c subordinate legislation printed by the Government Printer remain the authoritative versions.” urrent_northern_territory_legislation _database Source: Notes at bottom of the 'Current NT Legislation Database' page http://dcm.nt.gov.au/strong_service_delivery/supporting_government/current_northern_territory_legisl ation_database
Note from Frieda Evans, NT Supreme Court Librarian - The paper version of legislation from the NT Government Printer remains the authorised version of all NT legislation – legislation as passed and cummulations
Queensland Yes “Legislation on this website is now authorised by the Parliamentary Counsel as follows: http://www.legislation.qld.gov.au all 2013 Bills and legislation passed or as made (selected all current reprints (Current Legislation menu tab). items only) The authority statement ‘Authorised by the Parliamentary Counsel’ appears under the copyright statement at the end of the document. Under the Evidence Act 1977 (Qld), a document purporting to be so authorised is taken to be a correct copy until the contrary is proved.
OQPC will progressively authorise historical versions of reprints and pre-2013 legislation on the website. Unauthorised historical versions of reprints have a note on the front cover: ‘Warning—This reprint is not an authorised copy’.“
Source: FAQs: http://www.legislation.qld.gov.au/Core_pages/help.htm#anchor666302
Authorising legislation: Evidence Act 1977 (Qld) s 46A
South Australia No “While care is taken to ensure its accuracy and currency, legislation reproduced on this website is http://www.legislation.sa.gov.au/ not the official authorised version. Printed authorised versions of South Australian legislation are available from the Government Printer. Legislation and other material contained within this website is provided as a community service, for information only. It is also subject to change without notice.”
Source: South Australian Legislation - Disclaimer. http://www.legislation.sa.gov.au/web/footer/Disclaimer/Disclaimer.aspx
Tasmania No “… no responsibility is accepted for the accuracy, completeness, or relevance to the user's purpose, http://www.thelaw.tas.gov.au/ of the information and those using it for whatever purpose are advised to verify it with the relevant Commonwealth or State government department, local government body or other source and to obtain any appropriate professional advice.”
Source: Tasmanian Government Copyright & Disclaimer http://www.tas.gov.au/stds/codi.htm (There is a link to this site from the Tasmanian legislation site saying “You are directed to a disclaimer and copyright notice governing the information provided”.)
Note from Dorothy Shea, Tasmanian Supreme Court Librarian – The Tasmanian Legislation database is scheduled to be upgraded in the near future. It is possible that this upgrade may include making the online database the authorised version of Tasmanian legislation.
Victoria Yes “From 1 January 2011 authorised electronic versions of legislation will be produced for each new Act http://www.legislation.vic.gov.au/ that is enacted and each new Statutory Rule that is made after that date. These authorised (selected electronic versions will be available from this website from the Statute Book repository. items only) Also, from 1 January 2011, authorised electronic versions of consolidations of Acts and Statutory Rules will be progressively added to the Law Today repository on this website.
Authorised electronic versions will: be located in a blue shaded container in the Statute Book and Law Today repositories; have the words "Authorised Version" appearing at the beginning of the version; have the words "Authorised by the Chief Parliamentary Counsel" appearing at the foot of each page of the version; have the word "authorised" in their file names; and have a digital signature stating that the version is authorised by the Chief Parliamentary Counsel of Victoria.”
Source: ‘About this site’ (click on link in blue banner) http://www.legislation.vic.gov.au/
Authorising legislation: Interpretation of Legislation Act 1984 (Vic) Pt V
Additional information provided by Michelle Bendell, Acting Librarian, Supreme Court of Victoria
Authorised Victorian legislation is published electronically on the Victorian Legislation Website by Chief Parliamentary Counsel. www.legislation.vic.gov.au The enabling statutory provision is s64 of the Interpretation of Legislation Act 1984, which gives the version the same evidentiary value as any hard copy version printed by the Victorian Government Printer.
Western Australia No “The materials presented on the State Law Publisher web site are provided by the State Law www.slp.wa.gov.au/ Publisher as a service to the community. The information and advice provided is made available in good faith and is derived from sources believed to be reliable and accurate at the time of release on the Internet. However, the information is provided solely on the basis that readers will be responsible for making their own assessment of the matters contained or discussed herein and readers are advised to verify all relevant representations, statements, information and advice.
Changes in circumstances after a document is placed on the Internet may impact on the accuracy of information. Additionally, materials may be maliciously vandalised. No assurance is given as to the accuracy of any representation, statement, information or advice contained after the publication on the Internet.”
Source: State Law Publisher – Disclaimer http://www.slp.wa.gov.au/legislation/statutes.nsf/main_disclaimer.html
Additional Information provided by Catherine McGill, WA Supreme Court Librarian - At this stage Parliamentary Counsel has not made any changes in regard to the status of the legislation databases in terms of 'authorising' these versions of legislation and the only officially recognised versions are the hard copy printed version printed 'under authority of the Government Printer'. This also applies to the historical as made and reprint versions. A similar situation exists with the SLP's Government Gazette database that we are currently building with scanned copies of previously published Gazettes being constantly added to the database. Although they are scanned PDF's, we haven't gone through any verification or checking process to ensure a page hasn't been missed etc. There are provisions under the Evidence Act 1906 that recognise copies of any Act purported to be printed by the Government Printer would be accepted to be a correct copy without any further proof required. I’ve copied the clause for your information and included it below.
Online data can also be ‘hacked’ or tampered with and once it is in the public domain there is a loss of control to ensure the integrity of data and information published.
Larissa Reid Reader Services Librarian, Law Courts Library, Sydney Last updated: 11 May 2013
Additional information inserted by
Dorothy Shea Supreme Court of Tasmania 14 May 2013