Use the Federal Register of Legislative Instruments to locate Commonwealth legislation;
✅ Using the Federal Register of Legislative Instruments (FRLI) to Locate Commonwealth Legislation
📘 What is the Federal Register of Legislative Instruments (FRLI)?
FRLI, now integrated into the Federal Register of Legislation, is the official source for all Commonwealth legislation in Australia. It includes:
Acts of Parliament (primary legislation)
Legislative instruments (regulations, rules, determinations, etc.)
Explanatory statements
Amendments and repeals
History and commencement dates
It is a key administrative tool mandated by the Legislation Act 2003 (Cth), providing public access, legal status, and accountability for all delegated legislation.
🧾 Why is FRLI Important?
✅ Legal Certainty: Ensures that only registered instruments are enforceable (as per Section 15G, Legislation Act 2003).
✅ Transparency: Helps the public, lawyers, and courts locate valid and current laws.
✅ Judicial Review: Courts often refer to FRLI when interpreting or assessing the validity of legislative instruments.
⚖️ Case Law Explaining the Use and Significance of FRLI
Let’s now examine four major cases that discuss the status, access, or impact of legislative instruments and registration under FRLI:
🔹 1. Ciccone v Commissioner of Taxation (2012) 203 FCR 380
📌 Facts:
A taxpayer challenged a Taxation Determination, arguing it was not enforceable because it was not registered on FRLI at the time.
⚖️ Held:
The Full Federal Court held that registration on FRLI is mandatory for a legislative instrument to be enforceable.
Section 15G of the Legislation Act 2003 requires instruments to be registered.
An unregistered instrument has no legal effect.
✅ Significance:
Confirmed that registration on FRLI is a legal prerequisite.
Reinforced procedural fairness and legal transparency in delegated legislation.
🔹 2. Sharma v Minister for Immigration and Citizenship (2008) 168 FCR 527
📌 Facts:
The applicant challenged a Ministerial Direction under the Migration Act, claiming it wasn't accessible publicly.
⚖️ Held:
Court held that Ministerial Directions affecting legal rights must be registered and published via FRLI.
Otherwise, they cannot be relied upon to make administrative decisions.
✅ Significance:
Recognised that FRLI is essential for procedural fairness.
Prevents secret lawmaking by requiring public registration.
🔹 3. Plaintiff M47/2012 v Director General of Security (2012) 251 CLR 1
📌 Facts:
Involved the legality of a security assessment provided by ASIO under the Australian Security Intelligence Organisation Act 1979 (Cth).
The plaintiff claimed the assessment was invalid as the related procedures weren't available publicly.
⚖️ Held:
High Court noted that administrative decisions affecting liberty must be grounded in law that is lawfully made and publicly accessible.
While not directly about FRLI, it supported the need for public availability of legislative instruments.
✅ Significance:
Indirectly reinforced the importance of FRLI in ensuring transparency and legality in administrative action.
🔹 4. Caporale v Deputy Commissioner of Taxation [2013] FCA 427
📌 Facts:
The applicant argued a legislative instrument used to raise tax liability had not been properly registered and therefore could not be enforced.
⚖️ Held:
The Federal Court confirmed that registration on FRLI is essential for an instrument to have legal effect.
Instruments that are not registered are void ab initio (from the beginning).
✅ Significance:
Reaffirmed that non-compliance with FRLI registration requirements renders instruments legally ineffective.
Protects individuals from enforcement of invalid delegated legislation.
🔹 5. Lambropoulos v Secretary, Department of Social Services [2015] FCA 295
📌 Facts:
A challenge was made to a Centrelink determination, questioning whether the instrument used was current and properly amended.
⚖️ Held:
The Court turned to FRLI records to confirm:
Whether the instrument was in force.
Whether it had been amended correctly.
Found that the FRLI version was authoritative and established the legal status of the instrument.
✅ Significance:
Recognised FRLI as the official and authoritative legal repository.
Courts will rely on FRLI over any other unofficial version.
📌 Summary Table of Cases
| Case Name | Issue | Key Holding |
|---|---|---|
| Ciccone (2012) | Tax determination not registered | Unregistered instrument is invalid |
| Sharma (2008) | Ministerial Direction not accessible | Must be registered for legal effect |
| Plaintiff M47 (2012) | Secretive ASIO assessment | Laws affecting rights must be public |
| Caporale (2013) | Tax law not FRLI-registered | Lack of registration = no effect |
| Lambropoulos (2015) | Checking current instrument | FRLI is definitive for instrument status |
🧭 Conclusion: Using FRLI in Administrative Law
FRLI is a legal gatekeeper for the validity of Commonwealth legislative instruments.
Failure to register = instrument cannot be relied on, even by the government.
Courts consistently uphold the integrity of FRLI as part of rule of law and administrative accountability.
🛠️ How to Use FRLI (Now on legislation.gov.au)
Use "Search" by:
Title
Keywords
Year
Act/Instrument Number
View:
Current version
Historical versions
Explanatory statements
Amendment history
Check:
Commencement date
Repeal status
Authority under which it was made
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