Legislation Act 2003

Chapter 1 - Introduction  

Part 1 - Preliminary  

SECTION 4   4   The Dictionary  


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 .




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.