What are Explanatory Memoranda?

Explanatory Memoranda or Explanatory Notes to explain the content of Bills in non-legal terms are now issued routinely for most bills in several jurisdictions; they are prepared by the agency or person sponsoring the bill.

Not every Bill has an explanatory memorandum. In the Commonwealth Parliament, for example, they did not become standard practice for all bills until the period 1978/82.  For Commonwealth bills, pre-1982, use the Index to Explanatory Memoranda 1901-1982 to discover if there was, in fact, an accompanying EM.

Explanatory Memoranda may be published as loose pamphlet copies or attached to the front of the Bill. In most libraries, the Explanatory Memoranda are kept with the Bills.

Explanatory Statements have also been prepared for Commonwealth regulations since about 1932, but they are only available from 1982 onwards. Since 1 January 2005, Explanatory Statements have accompanied all Commonwealth Legislative Instruments, and regulations are also known as Select Legislative Instruments.

The main importance of these memoranda and other associated material circulated to parliamentarians is that they are among the aids that courts may use in interpreting statutes.

The Second Reading speech of the Minister responsible for a bill also outlines the purpose of a bill in plain language.

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