Table of Contents
A common device in statutes for locating information is a table of contents.
This set out the content of a statute in sequential order. It indicates the major
divisions of the statute into parts that go under a variety of names such as
‘Part,’ ‘Chapter’ and ‘Division.’ It lists each section in numerical order and
following the number of the section it gives a summary of the section.
Commonly the summary constitutes the title or heading to the section in the
text of the statute.
Amendments to the Statute
Statutes often include a table that lists the principal Act, followed by all the
Acts that have amended or in any way affected the Act. This table gives the
name or title of each statute and often other information as well such as its date
of commencement. If statutes in the jurisdiction are numbered it may give the
number of each statute listed.
Alterations to the Section
Another table commonly found in statutes indicates whether a section of the
statute has been altered in some way by amendment, repeal or replacement. It
will refer to each of the statutes which made the alteration and indicate the type
of alteration which they made.
Index
When statutes were published only in printed form some jurisdictions would
construct an index of words, phrases and concepts. This practice has declined
following electronic publication because lawyers have access to an electronic
search function. This enables them to search one statute or a whole data base
of statutes to find designated words and phrases.
Poring
Introduction
Reading a statute as a porer divides broadly into three main phases -
operation, macro analysis and micro analysis.
Operation
If the reader is unfamiliar with the statute they are reading their first task is to
consult and take on board the content of the operational provisions. These
concern such things as commencement, definitions, amendments, repeals,
transitional provisions, sunset provisions, relation with other Acts (that is Acts
which they affect or are affected by), territorial operation and authorisation of
delegated legislation or executive instruments. In the case of a statute that
authorises delegated legislation or executive instruments to assemble the full
text of the statute it is necessary to follow through, check if these have been
made and, if they have, locate copies of them.
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