Legislation Act 2003

Chapter 1 - Introduction

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Part 1 - Preliminary

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SECTION 4

4 The Dictionary

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In this Act:

amend
: see subsection 5(1) .

approved website
: see section 15C .

authorised version
, of a registered law or explanatory statement: see section 15ZA .

commencement instrument
, in relation to an Act, legislative instrument or notifiable instrument, means an instrument providing solely for the commencement of:

(a) the Act or instrument; or

(b) a provision of the Act or instrument.

Example:

A Proclamation providing solely for the commencement of an Act.

compilation
, of an Act, legislative instrument or notifiable instrument, is a document showing the text of the Act or instrument:

(a) as amended (if at all) and in force on a day (the compilation date ) stated in the document; or

(b) as the Act or instrument would be amended and in force on a day (the compilation date ) stated in the document, by amendments that have not commenced, if the document indicates that the amendments have not commenced; or

(c) as the Act or instrument is, or would be, modified by an Act or an instrument, and in force on a day (the compilation date ) stated in the document.

Note:

See Part 2 of Chapter 2 for the registration of compilations.

compilation date
: see the definition of compilation in this section.

disallowable legislative instrument
means a legislative instrument to which section 42 applies.

Note:

Section 42 provides for the parliamentary disallowance of legislative instruments. Section 42 does not apply to some legislative instruments (see section 44 ).

discretionary compilation event
, for an Act, legislative instrument or notifiable instrument: see section 15Q .

editorial change
, in relation to an Act, legislative instrument or notifiable instrument: see section 15X .

enabling legislation
, in relation to a legislative instrument or notifiable instrument, means the primary law that authorises the making of the instrument.

explanatory statement
for a legislative instrument: see section 15J .

Federal Register of Legislation
means the register established and maintained under section 15A .

First Parliamentary Counsel
means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .

initial explanatory statement
: see section 15J .

instrument
means any writing or other document, and includes an instrument in electronic form.

legislative instrument
see section 8 .

Note:

This term has the same meaning when used in other Acts and instruments: see the definition of legislative instrument in section 2B of the Acts Interpretation Act 1901 .

making
, in relation to an instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it.

modify
: see subsection 5(2) .

notifiable instrument
: see section 11 .

Note:

This term has the same meaning when used in other Acts and instruments: see the definition in section 2B of the Acts Interpretation Act 1901 .

Office of Parliamentary Counsel
means the office established by subsection 2(1) of the Parliamentary Counsel Act 1970 .

power delegated by the Parliament
: an instrument made under a power delegated by the Parliament includes:

(a) an instrument made under a power delegated by the Parliament to a person or body and then, under the authority of the Parliament, further delegated by that person or body to another person or body; and

(b) an instrument that may be made under a power delegated by the Parliament as well as under a power given otherwise by law.

Example:

An instrument made under an Act as well as a prerogative power.

primary law
means an Act or an instrument made under an Act, or a provision of an Act or an instrument made under an Act.

register
means register on the Federal Register of Legislation.

registered law or explanatory statement
: see section 15Z .

repeal
, in relation to an instrument or a provision of an instrument, includes revoke or rescind the instrument or provision.

Note:

Section 5 defines amend , for a provision of an instrument, to include the repeal of a provision of the instrument.

replacement explanatory statement
: see section 15J .

required compilation event
, for an Act, legislative instrument or notifiable instrument: see section 15Q .

responsible person
: see section 6 .

rule-maker
: see section 6 .

rules
means rules made by the First Parliamentary Counsel under section 61A .

Note:

These rules are legislative instruments. Regulations may also be made for the purposes of this Act (see section 62 ).

supplementary explanatory statement
: see section 15J .

text
includes any writing.

Note:

See the definition of writing in section 2B of the Acts Interpretation Act 1901 .

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History

S 4 substituted by No 10 of 2015, s 3 and Sch 1 item 12, effective 5 March 2016. See note under the title of the Act. S 4 formerly read:

SECTION 4 Definitions
(1)
In this Act, unless the contrary intention appears:
ADJR Act
means the Administrative Decisions (Judicial Review) Act 1977 .

certified true copy
, in relation to a legislative instrument, means a copy of the instrument certified to be a true copy of the full text of the instrument as it was made.

commencing day
means the day on which section 20 of this Act commences.
Note:

Section 20 of this Act commenced on 1 January 2005 (see section 2 ).

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History

Definition of " commencing day " amended by No 98 of 2011, s 3 and Sch 1 item 1, by inserting the note at the end, applicable in relation to a legislative instrument that is in force (or a provision of which is in force) on or after 16 September 2011, whether the instrument was made before, on or after that day.

compilation
, in relation to a legislative instrument that has, with effect from a particular time, been amended by an Act or Acts or by another legislative instrument or legislative instruments, means the first-mentioned legislative instrument as amended and in force at that time.

enabling legislation
, in relation to a legislative instrument, means the Act or legislative instrument, or the part of an Act or of a legislative instrument, that authorises the making of the legislative instrument concerned.

explanatory statement
, in relation to a legislative instrument, means the statement that relates to the instrument and meets the requirements in subsection 26(1A) .
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Definition of " explanatory statement " substituted by No 135 of 2012, s 3 and Sch 1 item 24, effective 23 September 2012. The definition formerly read:

explanatory statement
, in relation to a legislative instrument, means a statement that:

(a) is prepared by the rule-maker; and

(b) explains the purpose and operation of the instrument; and

(c) if any documents are incorporated in the instrument by reference - contains a description of the documents so incorporated and indicates how they may be obtained; and

(d) if consultation was undertaken under section 17 before the instrument was made - contains a description of the nature of that consultation; and

(e) if no such consultation was undertaken - explains why no such consultation was undertaken; and

(ea) if section 42 applies to the instrument - contains a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 ; and

(f) contains such other information as is prescribed.

Definition of " explanatory statement " amended by No 187 of 2011, s 3 and Sch 1 item 4, by inserting para (ea), effective 4 January 2012.

First Parliamentary Counsel
means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .
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Definition of " First Parliamentary Counsel " inserted by No 107 of 2012, s 3 and Sch 2 item 12, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

inappropriate use of gender-specific language
, in relation to a legislative instrument, means use of such language in the legislative instrument in circumstances where it is not necessary to identify persons by their sex.

instrument
does not include an explanatory statement or a compilation.

legislative instrument
has the meaning given by section 5 and includes instruments that are declared to be legislative instruments under section 6 but does not include:

(a) instruments that are declared not to be legislative instruments under section 7 ; or

(b) instruments to which section 9 applies.

lodge
, in respect of a legislative instrument, explanatory statement, compilation or other document required to be lodged under Part 4 , means lodge in such manner, and in such form or forms, as this Act or the regulations specify.

making
, in relation to an instrument that will become, or that is, a legislative instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it whereby it becomes or became that legislative instrument.

Office of Parliamentary Counsel
means the Office established by subsection 2(1) of the Parliamentary Counsel Act 1970 .
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Definition of " Office of Parliamentary Counsel " inserted by No 107 of 2012, s 3 and Sch 2 item 13, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

original legislative instrument
means:

(a) the legislative instrument made by the rule-maker; or

(b) an instrument prescribed by the regulations.
Note:

Examples of a legislative instrument made by the rule-maker are a signed or sealed instrument.

register
, in relation to an instrument, an explanatory statement, or a compilation, means recording the instrument, explanatory statement or compilation in the Register in electronic form.

Register
means the Federal Register of Legislative Instruments required to be maintained under section 20 .

responsible Minister
, in relation to a legislative instrument or a proposed legislative instrument, means the Minister administering the enabling legislation for that instrument.

rule-maker
has the meaning given by subsection (3).

Second Parliamentary Counsel
means a person appointed to the position of Second Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .
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Definition of " Second Parliamentary Counsel " inserted by No 107 of 2012, s 3 and Sch 2 item 14, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) .

Secretary
(Repealed by No 107 of 2012)
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Definition of " Secretary " repealed by No 107 of 2012, s 3 and Sch 2 item 15, effective 1 October 2012. For transitional and saving provisions see note under s 16(1) . The definition formerly read:

Secretary
means the Secretary of the Department.

State
includes the Australian Capital Territory and the Northern Territory.

working day
means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.

(2)
In this Act, if an act or thing is required to be done within a specified number of working days after a particular event, that act or thing can be done at any time after the event during normal business hours:

(a) on the day on which the event occurred (if it is a working day); or

(b) on a working day included in the specified number of working days next following that day.

(3)
In this Act, unless the contrary intention appears:

(a) a reference to a rule-maker, in relation to a legislative instrument or a proposed legislative instrument, is a reference to:

(i) if the legislative instrument is, or will be, authorised to be made by the Governor-General and the reference appears in section 13 - the Governor-General; and

(ii) if the legislative instrument is, or will be, authorised to be made by the Governor-General and the reference appears in any other provision of this Act - the responsible Minister; and

(iii) if the legislative instrument is, or will be, authorised to be made by a person other than the Governor-General or by a body - that other person or body; and

(b) a reference in this Act to a rule-maker who makes, or proposes to make, a legislative instrument includes a reference to the person who would be taken to be the rule-maker of the instrument (if the instrument were made) whether or not that person actually makes the instrument concerned.

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