54See, for example, the nume rous examples in the Personal Property Securities Act 1999 , Property
(Relationships) Act 1976, and Overseas Investment Exemption Notice 2001 (SR 200 1/410).
55See the flow chart in Part 3 of the Trade Marks Act 2002 outlining the process for obtaining registration
of a trade mark. See also the diagram in clause 3(3) of the Criminal Records (Clean Slate) Bill 2001.
56See section 77 of the Administration Act 1967, which sets out in tabular form how property is to be
distributed on an intestacy. See also the table of categories of Crown entities set out in clause 4 2 of the Pub lic
Finance (State Sector Management) Bill 2003.
57Jeffrey Barnes, Shining Examples, a pap er pre sented at the Conference of the C omm onwealth
Association of Legislative Counsel (in association with the 13th Comm onwealth Law Conference),
Melbourne, Australia, 17 April 2003.
35
example boxes following the provisions to which they relate54
flow-charts55
tables.56
65
Examples are a useful method of supplementing a particular legislative rule with an
explanation of how the rule will apply in a particular situation. They are not new.
They have been used in the Consumer Credit Act 1974 (UK), the Occupiers
Liability Act 1957 (UK), the Indian Evidence Act 1972, and the Indian Penal Code.
Examples now feature extensively in Australian Commonwealth legislation and in
the legislation of Victoria, Queensland, and the Australian Capital Territory. In an
interesting study of the role of examples in legislation, an Australian academic
lawyer, Jeffrey Barnes, says this:
Examples have altered the language and structure of statutes in significant ways. Their
separate location after the relevant provision has allowed a variety of means of expression,
including most radically, the narrative form . It has also allowed the example to rival the rule
for legal or practical effect.57
66
Many of the features outlined above appear in the legislation of other jurisdictions.
They are part of an international trend to make legislation more accessible to both
the ordinary and the expert reader. Legislation is used every day in a vast array of