Eleanor Finch
The Australian Guide to Legal Citation (AGLC) is a style guide used for referencing legal sources in Australia. It provides a set of rules and standards for citing legal materials, including legislation, case law, and academic works. When citing sections of the Australian Constitution using AGLC, there are specific conventions to follow. The Australian Constitution can be referred to in several ways, and the citation format depends on the specific section being referenced. This includes pinpointing the relevant section, paragraph, part, or schedule and using the appropriate abbreviations. Additionally, the year and title of the Constitution should be italicised, and the jurisdiction should be included in abbreviated form.
| Characteristics | Values |
|---|---|
| Title | Italicise the title. The only exception is the title of Bills, which should not be italicised. |
| Year | Italicise the year. |
| Jurisdiction | Include an abbreviated form of the jurisdiction in which the Act was passed following the year. |
| Numbered definitions | Cite each definition as a normal section of an Act. |
| Unnumbered definitions | Cite the section number and definition. If a particular paragraph within the definition is used, precede the reference with 'para'. |
| Decimal numbering system | Use the whole of the decimal number preceded by the abbreviation of the lowest 'level' of section, part, chapter, etc. |
| Consecutive pinpoints | Separate with an en-dash (–). |
| Non-consecutive pinpoints | Separate with commas. |
| Quotations | Use single quotation marks for quotations of 3 lines or less. For quotations of 4 lines or more, indent from the left margin and use a smaller font size. |
| Order of Acts | Cite Commonwealth Acts first, then state and territory Acts in alphabetical order by jurisdiction. |
| Constitution of the Commonwealth of Australia | May be referred to as the Australian Constitution, the Commonwealth Constitution, or simply the Constitution. |
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What You'll Learn
Citing the Australian Constitution
When citing the Australian Constitution, it is important to adhere to the Australian Guide to Legal Citation (AGLC) referencing style. The Australian Constitution can be referred to as the "Australian Constitution", the "Commonwealth Constitution", or simply the "Constitution" if there is no ambiguity as to which constitution is being cited.
When citing specific sections of the Australian Constitution, the format is as follows:
Australian Constitution (year) s section number
For example:
Australian Constitution 1900 s 51(ii)
This indicates that you are referring to section 51(ii) of the Australian Constitution from the year 1900. It is important to italicise the title and the year, as per AGLC rules. Additionally, if you are citing an unnumbered definition, you should include the specific term being defined. For example:
Australian Constitution 1900 s 9 (definition of 'administrator')
If there are multiple paragraphs within the definition and a particular one is being cited, you should use "para" to indicate the specific paragraph. For example:
Australian Constitution 1900 s 9 (definition of 'administrator' para (a)(i))
When citing the Australian Constitution in a bibliography or reference list, the format is as follows:
Constitution Act (year) s section number
For example:
Constitution Act 1900 s 51(ii)
It is important to note that if you are citing specific paragraphs or subsections, you should use the appropriate abbreviations, such as "para" for paragraphs or "sub-ss" for subsections. Additionally, if there are multiple non-consecutive pinpoints, they should be separated by commas.
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Citing Commonwealth Acts
When citing Commonwealth Acts, there are several key rules to follow. Firstly, always cite Commonwealth Acts first, followed by state and territory Acts in alphabetical order by jurisdiction if citing equivalent Acts across multiple Australian jurisdictions. Secondly, remember that statutes are considered 'media neutral', so do not include the database or access date in the citation.
The third rule is to include an abbreviated form of the jurisdiction in which the Act was passed, placing it in parentheses immediately after the year. For example, use "(Cth)" for the Commonwealth, as in "Aboriginal and Torres Strait Islander Act 2005 (Cth)". Do not italicise the jurisdiction.
Fourthly, use the appropriate abbreviations for pinpoint references to Acts, such as "s" for section, "pt" for part, and "ch" for chapter. If an Act uses a decimal numbering system, use the whole decimal number preceded by the abbreviation of the lowest 'level' of section, such as "s 2.3.5" instead of "ch 2.3.5". Consecutive pinpoints should be separated by an en-dash (–), while non-consecutive pinpoints should be separated by commas.
Fifthly, when citing definitions, if they are unnumbered, cite them as "Section Number (definition of 'Defined Term''). If there are multiple paragraphs within the definition and a particular one is used, include 'para' before the paragraph letter or number, for example, "para (a)(i)". If definitions are numbered, each definition should be cited as a normal section of an Act.
Finally, always italicise the title of the Act, as well as the year.
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Citing state and territory Acts
When citing state and territory Acts, the following rules and conventions should be applied:
The title of the Act should be italicised. For example, the *Right to Information Act 2009*.
Year
The year the Act was passed should be included in italics, as demonstrated in the example above.
Jurisdiction
The jurisdiction in which the Act was passed should be included in abbreviated form and in parentheses. For instance, '(Qld)' for Queensland. The jurisdiction should not be italicised.
Pinpoint References
Pinpoints usually comprise an abbreviation of a designation (such as section 's', part 'pt', or schedule 'sch') and a number. For example, 's 23' or 'ss 24-29'. Consecutive pinpoints should be separated by an en-dash, for instance, 'ss 5–9'. Non-consecutive pinpoints should be separated by commas, for example, 'ss 5, 7, 9, 28'. If pinpointing to a section and a subsection, the abbreviation of the highest level should be used, for example, 's 28(1)'.
Order of Acts
When citing equivalent Acts across multiple Australian jurisdictions, Commonwealth Acts should be cited first, followed by state and territory Acts in alphabetical order by jurisdiction.
Quotations
Quotations of three lines or fewer should be incorporated into the text using single quotation marks. Quotations of four lines or more should appear indented from the left margin, in a smaller font size, and without quotation marks. Quotations should appear exactly as they do in the original source.
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Numbered definitions
When citing an unnumbered definition, the format is as follows:
> s Section Number (definition of 'Defined Term')
For example:
> Corporations Act 2001 (Cth) s 9 (definition of 'administrator')
If there are multiple paragraphs within the definition and a particular one is used, reference to the paragraph should be preceded by "para":
> Corporations Act 2001 (Cth) s 9 (definition of 'administrator' para (a)(i))
However, if the definitions are numbered, each definition should be cited as a normal section of an Act. In this case, the format remains consistent with citing other sections of the Australian Constitution. The pinpoint reference should identify the particular section, paragraph, part, schedule, etc. For example:
> Australian Constitution s 51(ii)
Here, the section number is denoted by "s", followed by the number. If there are multiple sections, they should be separated by commas. For example:
> Australian Constitution ss 51(ii), 52
It is important to note that the titles of Acts and the year should be italicised. Additionally, when citing Commonwealth Acts, the jurisdiction abbreviation should be included in parentheses, such as "(Cth)" for Commonwealth.
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Quoting the Constitution
When quoting the Australian Constitution, there are several key points to keep in mind. Firstly, the Constitution of the Commonwealth of Australia may be referred to as the "Australian Constitution," the "Commonwealth Constitution," or simply the "Constitution" if there is no ambiguity as to which constitution is being cited. Constitutions of the Australian states, on the other hand, should be cited as normal statutes. For example, "Constitution Act 1889 (WA) s 2(1)".
When citing specific sections of the Australian Constitution, it is important to identify the particular section, paragraph, part, or schedule being referenced. The pinpoint reference should be included in the citation, following the section number. For example, "Australian Constitution s 51(ii)". If there are multiple paragraphs within a definition and a specific one is being cited, the reference to the paragraph should be preceded by "para". For example, "Corporations Act 2001 (Cth) s 9 (definition of 'administrator' para (a)(i))".
The Australian Guide to Legal Citation (AGLC) provides specific guidelines for formatting and punctuation in legal references. When citing legislation, it is important to italicise the title and the year. Additionally, when citing Commonwealth Acts, it is necessary to include an abbreviated form of the jurisdiction in which the Act was passed, following the year in parentheses. For example, "Australian Constitution (Cth)".
When including quotations in your text, the AGLC guidelines specify that quotations of three lines or less should be incorporated into the text using single quotation marks. Quotations of four lines or more should be indented from the left margin, in a smaller font size, and without quotation marks. It is important to ensure that quotations appear exactly as they do in the original source.
In addition to these specific guidelines for quoting the Constitution, it is essential to follow the general AGLC rules for referencing legislation, including the appropriate use of abbreviations, pinpoint references, and repeat citations.
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Frequently asked questions
The standard format for citing the Australian Constitution is:
Australian Constitution: Definition: Standard format for bibliography
Act: Australian Constitution: Definition.
Some common mistakes to avoid when citing legislation are:
- Not italicising the title of the legislation.
- Not italicising the year.
- Forgetting to include certain elements in the citation.
To cite a specific section of the Australian Constitution, identify the particular section, paragraph, part, or schedule. For example:
Australian Constitution s 51(ii).
