Legislation Act 2003

Ch 1 heading inserted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act.

Pt 1 heading substituted by No 10 of 2015, s 3 and Sch 1 item 2, effective 5 March 2016. See note under the title of the Act. The heading formerly read:

Part 1 - Preliminary

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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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.