Executive Summary

Explanatory Memoranda now accompany every government Bill introduced into the Parliament, but this has not always been the case. From 1901 to 1982, there was no easy way of knowing if an Explanatory Memorandum had been produced for a particular Bill. An online Index to Explanatory Memoranda ( the Index ), produced by the Parliamentary Library, now makes it possible for legislators and researchers to know if a Memorandum was produced.

In the first half of the 20th 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 1950s, Explanatory Memoranda in the modern sense have been more common. These are documents that assist members 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 1932. However, there is presently no easy way to obtain copies of Explanatory Statements that pre-date 1991. From 2005, Explanatory Statements to all subordinate legislation are available from the Federal Register of Legislative Instruments.