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 Search & Browse Tips - Finding Legislation with LAWLEX

 The Core Document Homepage

The Core Document Homepage is the gateway to each item of legislation. Each title of legislation has its own Core Document Homepage, which includes a link to the full text of the legislation (where available online), reference to the web source, currency and status information, as well as the following value-added information:

• Premium Research – value-added legislative information tracked and updated daily by LAWLEX; and
• Related Links – Hansard 2nd reading speeches and explanatory materials such as explanatory memoranda, statements and notes.

Premium Research

LAWLEX Premium Research provides a collection of value-added information that relates to an item of legislation. The information is maintained, monitored and updated by LAWLEX. Premium Research is available on a subscriber-basis and complements the searching of free-to-air legislation. The information can be accessed from each Core Document Homepage.

Value-added functions include:

• Add this Title to my Alert Profile – this function allows you to add the title to your profile, which means that you will be alerted via email to any amendments to that title – through our Legislation Alert Service. Please note that you can only add principal titles to your profile. Notification regarding amending titles is received through the principal titles that they amend.
• View Regulations under this Act – allows you to view the principal Regulations made under a particular governing principal Act, with a link to the text of the Regulations. Please note that this function is available for principal titles only. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• View the Governing Act for this Regulation – for a particular Regulation, you can view its governing Act(s) along with a link to the text of the Act. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• View the History of Amendments to this Title – provides a tabulated summary of all amendments made to the legislative title since LAWLEX began tracking amendments. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• Check for Amendments since the last Consolidation – provides a tabulated summary of all amendments made to the title since it was last electronically consolidated on the government site. The summary displays the sections affected, how they have been affected, the amending title and the commencement details of the amendment. In this way, you are fully up to date with the status of the legislation. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• Read the Alert Summaries – provides a history of the summaries produced by LAWLEX as part of the Legislation Alert Service. The summaries have been published since 1 March 2001 and provide an overview of the legislative development. Summaries are published for new Bills, assents and new Regulations.
• View the Bill – provides a link to the Core Document Homepage of the Act's related Bill where you can view the history of the Bill's progress through parliament (from its date of introduction through to assent) and whether the Bill was amended on its passage through parliament. Links are provided to the text of the Bill, where available. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• View the Commencement Information – contains the commencement information for each title including assent date, proclamations of commencement and gazette references. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.
• View Gazette Notice References made under this Title – enables you to view gazette notice references made under that particular legislation title. Gazette notices are available for a select list of legislation and you can request a title to be added to this tracking list by contacting us on 03 9278 1555. Coverage varies across jurisdictions - full details of the scope for each jurisdiction are contained in Jurisdiction Coverage and Gazette Notices Coverage.
• Governing Department – links to the administering government department or agency.
• This Title amends… – provides a list of all the titles amended by the item of legislation. Coverage varies across jurisdictions – full details of the scope for each jurisdiction are contained in Jurisdiction Coverage.

 Website Coverage

Australian Capital Territory
Commonwealth
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Australian Capital Territory

Act titles	All current consolidations Acts as notified from 1979
Regulation titles	All current consolidations Regulations as made from 1997
URLs to Legislation	All current consolidations Acts as notified from 1989 Regulations as notified from 1997
Act Commencement Information	For Acts as cited above
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 2001
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 1995
URLs to Bills	Since 2000, where available
Government Gazette Notices	Dates vary for individual titles (tracking began in 1999)
Association of Regulations to governing Acts	All current principal titles
Governing Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1995 (as available)
URLs to Explanatory Statements	Since 2001 for Acts Since 2002 for Regulations, where available

Commonwealth

Act titles	All current consolidations Acts as passed from 1973
Regulation titles	All current consolidations Regulations as made from 1990
URLs to Legislation	For Acts and Regulations as cited above
Act Commencement Information	For Acts as cited above (in progress)
Regulation Commencement Information	For Regulations as cited above (in progress)
History of Amendments	Since 1998 for Regulations Since 1999 for Acts
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 1998
URLs to Bills	Since 1998
Government Gazette Notices	Dates vary for individual titles (tracking began in 1998)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1997 (and for 1996 as available on the internet)
URLs to Explanatory Memoranda / Statements	For Acts since 1996 (as available on the internet) For Regulations since 1991

New South Wales

Act titles	All current consolidations Acts as passed from 1980
Regulation titles	All current consolidations Current Regulations as made
URLs to Legislation	For Acts and Regulations in force
Act Commencement Information	For Acts as cited above
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 1997
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 1991
URLs to Bills	Since 1999
Government Gazette Notices	Dates vary for individual titles (tracking began in 2000)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1992 (some avail from 1991)
URLs to Explanatory Notes	Since 1999

Northern Territory

Act titles	All current consolidations Acts as passed from 1995 (as available online)
Regulation titles	All current consolidations Regulations as made from 1998
URLs to Legislation	For all Act and Regulation consolidations For principal Acts as passed from 1996, where available For principal Regulations as made from 1998
Act Commencement Information	For Acts as cited above
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 2000
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 2000
URLs to Bills	Since 2001 (including un-assented Bills from 2000, where available)
Government Gazette Notices	Dates vary for individual titles (tracking began in 2002)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1996 (and from 1990-1995 for as available on the internet)
URLs to Explanatory Memoranda	Not available

Queensland

Act titles	All current consolidations Numbered Acts from 1991 No. 30
Regulation titles	All current consolidations, including orders Numbered Regulations from 1991
Regulatory Impact Statements and Explanatory Notes for Queensland Regulations	Since 1991
URLs to Legislation	For Acts and Regulations as cited above
Act Commencement Information	For Acts from 1996
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 2000
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 3/11/1992
URLs to Bills	Since 1992
Government Gazette Notices	Dates vary for individual titles (tracking began in 1999)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1992 (and for 1990 and 1991 as available on the internet)
URLs to Explanatory Notes	Since 1992

South Australia

Act titles	All current consolidations Acts as passed from 1999
Regulation titles	All current consolidations Regulations as made from 1999
URLs to Legislation	All current consolidated Acts and Regulations Regulations as made from 1999
Act commencement information	For Acts as cited above
Regulation commencement information	For Regulations as cited above
History of Amendments	Since 2001
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 2001 (and for those available on 2000)
URLs to Bills	Since 2001, where available
Government Gazette Notices	Dates vary for individual titles (tracking began in 1999)
Associations of Regulations to governing Acts	All current principal titles
Governing Dept	All current principal Acts
URLs to Second Reading Speeches	Since 2001
URLs to Explanatory Memoranda	Not available

Tasmania

Act titles	All current consolidations Acts as passed and in force from 1 February 1997
Regulation titles	All current consolidations, including orders  Regulations as made from 1998
URLs to Legislation	For Acts and Regulations as cited above
Act Commencement Information	For Acts from 1998
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 2001
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 2000
URLs to Bills	Since 2001, where available
Government Gazette Notices	Dates vary for individual titles (tracking began in 2002)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 2001, where available
URLs to Explanatory Notes	Not available

Victoria

Act titles	All current consolidations All public principal Acts as passed (and private principal Acts as passed and made available on the internet) All amending Acts as passed since 1980
Regulation titles	All current consolidations Regulations as made from 1996
URLs to Legislation	All current consolidations Acts as passed from 1996 Regulations as made from 1996
Act Commencement Information	All current consolidations (as available on the internet) Acts as passed since 1980
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since 1990
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 1995
URLs to Bills	Since 1996
Government Gazette Notices	Dates vary for individual titles (tracking began in 1996)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1996 (and from 1991 to 1995 for principal Acts)
URLs to Explanatory Memoranda	Since 2000 (as made available)

Western Australia

Act titles	All current consolidations As passed from 1990
Regulation titles	All current consolidations
URLs to Legislation	For consolidated Acts and Regulations
Act Commencement Information	For Acts as cited above
Regulation Commencement Information	For Regulations as cited above
History of Amendments	Since autumn session 2000
Alert Summaries	Since 1 March 2001
Bill Tracking	Since 1997
URLs to Bills	Since 1997
Government Gazette Notices	Dates vary for individual titles (tracking began on 1 January 2002)
Association of Regulations to governing Acts	All current principal titles
Responsible Department details	All current principal Acts
URLs to Second Reading Speeches	Since 1997, where available
URLs to Explanatory Memoranda	Since 2001, where available

Subject Index Coverage

The LAWLEX Subject Index contains all current statutes enacted by Australian parliaments (with some exceptions), as well as most subordinate legislation currently in force in each jurisdiction. Certain types of legislation are not however included in the subject index. These are:

• Amending Acts, including Repeal Acts
• Appropriation or Supply Acts
• Private Acts from New South Wales, South Australia, Tasmania, Victoria and Western Australia (the other jurisdictions do not have private Acts)*
• Public Special Acts from New South Wales*
• Imperial Acts (however Adopted Imperial Acts from Western Australia are included in the index).
• Validation of Proclamation Acts
• Acts and Regulations which postpone repeals.

*See below for more information.


Public and Private Acts

The following jurisdictions do not distinguish between public Acts and private Acts:

• Australian Capital Territory
• Commonwealth
• Northern Territory

The following jurisdictions do distinguish between public Acts and private Acts, and thus the private Acts from those jurisdictions are not included in the subject index:

• New South Wales
• South Australia
• Tasmania
• Victoria
• Western Australia

Public Special Acts (NSW only)

New South Wales classifies Acts as:

• Private Acts; and
• Public Acts, which are then divided into public general Acts, and public special Acts.

Public general Acts are included in the subject index (unless amending, imperial etc.) and private Acts are excluded. Public special Acts generally are not included in the subject index. However, some public special Acts are included because they are:

• of a general nature;
• part of a package of legislation; or
• significant in some respect (e.g. because of the subject matter).

 Website Currency

How often is LAWLEX updated?

LAWLEX is updated daily. We have established fast and reliable channels of communication in each jurisdiction so that we are aware of new legislative changes within 24 hours of them being made. This includes new Bills and progress of Bills, new statutory rules, new Acts, gazette notices and other related information.

LAWLEX makes all information available on its site as soon as it becomes available on the internet and, in some cases, offers access to documents not available via government and not-for-profit sites.

How current is the information on LAWLEX?

This question sounds very similar to the previous one, but there is a distinction. While some publishers claim to update their database or site daily, this does not necessarily mean that the information is current.

LAWLEX provides users with a clear distinction in relation to the currency of information. When selecting a legislation title, LAWLEX states the currency date of the legislation and then provides details of subsequent amendments to the legislation. We take the currency date from the compilation information in the government publication. If the government publication does not provide a date, we take the date on which the last consolidated amendment came into force. If the government publication has never been amended, we take the assent date (for Acts), the date of making (for Regulations) or the date of registration in the Federal Register of Legislative Instruments (for Commonwealth Regulations).

LAWLEX offers users a greater degree of transparency and therefore confidence in relying on its information.

 What is Legislation?

Parliament is the legislative arm of government. The term "legislation" refers to laws (called Acts or Statutes) enacted by parliament. There is also subordinate legislation (eg. Regulations or Rules), where parliament delegates its law-making powers to other bodies (eg. the Governor-in-Council).

Australian parliaments generally follow the English Westminster System, where each parliament comprises two separate chambers: the lower house and the upper house.

The lower house is referred to as the Legislative Assembly (LA), or House of Assembly (HA) in the States, and the House of Representatives in the Commonwealth. The government of the day is formed by the party with a majority of seats in the lower house. The upper house is referred to as the Legislative Council (LC) in the States and the Senate in the Commonwealth. A Bill must be passed by both houses in order to be enacted.

In Australia, there are nine legislatures:
1. Commonwealth Parliament (comprises the House of Representatives & Senate)
2. Parliament of Queensland (comprises the LA)
3. Parliament of New South Wales (comprises the LA & LC)
4. Parliament of Victoria (comprises the LA & LC)
5. Parliament of Tasmania (comprises the HA & LC)
6. Parliament of South Australia (comprises the HA & LC)
7. Parliament of Western Australia (comprises the HA & LC)
8. Legislative Assembly of Northern Territory (comprises the HA)
9. Legislative Assembly of Australian Capital Territory (comprises the HA)

The Commonwealth Parliament is granted power by the Commonwealth Constitution to legislate on specific topics, such as tax, trade and commerce, immigration and industrial arbitration.

The party that enjoys the support of a majority in the lower house forms government that is led by the Premier or Chief Minister (in the States), or the Prime Minister (in the Commonwealth).

Parliaments usually sit in autumn (March/April) and spring (August/September) and each session generally lasts approximately 10 to 14 weeks.

1. Bills

A Bill is a proposal for a law that is introduced into parliament. Most Bills are proposed by the political party in government, ie., the party holding the majority in the lower house. Whilst the role of the executive arm of government is to develop and administer policy, the role of the parliament (or legislature) is to examine and approve proposals for legislation and to monitor the effectiveness of its operation, often through the work of committees. Once passed by parliament and granted the Royal Assent by the Governor (in the state) or Governor-General (Commonwealth), the Bill becomes an Act.

In bicameral parliaments, such as the Commonwealth, two houses consider the Bills. Both houses must agree to a Bill in identical terms before it becomes a law.

The original ideas for government legislation come from various sources, such as election promises, parliamentary members and senators, interest groups in the community or from government departments.

Bills are drafted by the Office of Parliamentary Counsel and then usually examined by government committees. Bills are usually tabled in parliament with an explanatory memorandum. Generally, the relevant department is responsible for writing the explanatory memorandum. This is a plain English outline of the Bill followed by a clause-by-clause description of the Bill.

The Parliamentary Business Committee of Cabinet determines the program of Bills to be introduced for each parliamentary session.

1.1 First reading
A Bill is usually introduced to parliament the day after notice is given of its introduction (ie. notice of motion). When the originating house agrees to the motion, the Bill is formally introduced to parliament with its long title. Copies of the Bill are distributed to members.

1.2 Second reading
The second reading speech explains the purpose, general principles and effect of the Bill. It is usually read by the minister responsible, who presents an explanatory memorandum explaining the reasons for the Bill and outlines its provisions. Debate is then scheduled for future sittings. The purpose of this pause is to give members time to study the Bill and its effects before speaking and voting on it and to give time for public discussion.

1.3 Second reading Debate
The second reading debate usually commences several sittings after the first reading and involves debate by the opposition and other government speakers who have an interest in the Bill. At the end of this debate, the house may agree to the Bill in principle.

1.4 Detailed Consideration
Following the second reading debate, each house can propose changes at this stage (known as the committee stage), however all amendments must be approved by both upper and lower houses. Both houses must agree to a Bill in identical terms before it can become law.

1.5 Third reading
When a Bill is read a third time, all amendments will have been made. The house then votes and if supported by a majority, the Bill is passed. It then moves to the other house, where the same procedure takes place (first reading, second reading and third reading).

1.6 Royal Assent
Once passed by both houses, the Bill is presented to the Governor or Governor-General for assent on behalf of the Queen. The Governor-General may withhold assent, but this is rarely done. Once a Bill has received royal assent, it becomes an Act of Parliament and is assigned an Act number.

1.7 Commencement
Commencement is usually specified in section 2 of an Act. Typically it is: (a) on a specified date; or (b) on gaining royal assent; or (c) on proclamation by Governor or Governor-General (published in the government gazette); or (d) upon the commencement of another Act; or (e) by forced commencement, where different parts of the Act may come into force on different future dates.

2. Statutes (or Acts)

Statutes may be classified in various ways such as public, private, local, amending, consolidations, reprints, declaratory and cognate Acts. Please refer to the Glossary for the definitions of these various forms.

2.1 Formal structure of a Statute
The structure of a statute follows a traditional pattern. For historical reasons, however, not every word in the document is formally part of the statute. For example, marginal notes, footnotes, endnotes and headings are not part of Commonwealth Acts.

2.2 Number
All statutes are numbered, although they are generally identified by their short titles.

2.3 Date
Generally, this is the date that the statute received royal assent.

2.4 Long title
This title states the purpose of the statute.

2.5 Short title
The title used when referring to the statute.

2.6 Preamble
The preamble states the reasons for the enactment of the statute.

2.7 Sections
A statute is commonly divided into sections. These may be further divided into subsections, paragraphs and subparagraphs, clauses and sub clauses. Groups of sections are often referred to as chapters, parts, divisions and subdivisions.

2.8 Schedules
Schedules are often used to set out tables, forms or lists to which reference has been made in the body of the statute.

2.9 Purpose Clauses
Purpose clauses explain the reason why the legislation was passed.

2.10 Definitions Section
The definitions section generally appears at the beginning of a statute. Any words that are identified during the statute are generally typed in bold text. Sometimes a dictionary is found at the back of the Act.

2.11 Chapters, Parts, Divisions, Sub-divisions, Headings
It is common to arrange groups of sections in lengthy statutes into parts, divisions and subdivisions. These are usually provided with headings which serve as titles or subtitles to the particular group of sections.

2.12 Table of Contents & Indexes
Table of contents and indexes are used in many statutes, especially lengthy ones.

2.13 Sidenotes and Marginal Notes
These are intended to provide some guide to the contents or to the history of the section. They are not debated by parliament.

3. Delegated Legislation

Also known as subordinate laws, they are made by individuals or bodies authorised to do so by parliament.

Methods for making delegated legislation are prescribed by the statutes that authorise the particular form of delegated legislation. For instance, local government Acts may contain provisions for making by-laws by municipal councils. Delegated legislation must be made under the authority of a statute. It cannot exist on its own without a governing statute. A process involving signature, notification and tabling in parliament makes the most important forms of delegated legislation. Parliamentary involvement is required as a matter of constitutional principle. Once the instrument is drafted, the Governor-General or Governor must sign it, generally on the advice of the Executive Council. The next step is to publish, usually in the government gazette, the text of the legislation or a notice that it has been made. Finally, it is tabled in parliament and unless there is a motion for the disallowance within a specified number of sitting days, the formal procedures for its making are complete. Failure to table the delegated legislation in parliament means that the legislation is void. In all jurisdictions, it is also quite common for a statute to specify a two-step procedure: signature by the relevant minister and notification in the gazette. Tabling in parliament is not required.

 Glossary of Legislative & LAWLEX Terms

Act

A law or formal decision made by a parliament or other group of elected lawmakers. May also be referred to as a statute.

Adjournment Debate

A debate held at the end of each sitting day in parliament in which members can raise a matter of government administration for a minister's attention.

Amendment

An alteration to a Bill, Act or Regulation. It is not a modification.

Assent

See Royal Assent

Awaiting Assent

After a Bill has passed both houses but before it has been assented to by the Governor, Governor-General or Administrator.

Backbencher

A member of parliament who is not a minister and holds no special office (such as President or Speaker); the name is used because such members sit on the benches at the back of the house.

Bicameral

A parliament that has two houses (an upper house and a lower house).

Bill

A proposal for a law that is introduced into parliament but has not yet been passed. If passed and granted royal assent, it becomes an Act.

Budget

The government's annual plan outlining revenue and expenditure measures introduced into parliament by the Treasurer.

By-election

An election held between general elections to fill a seat left vacant because a member has resigned, been expelled or died.

By-law

A rule or Regulation or equivalent made by local government.

Cabinet

A group of senior members of the government, all of who are ministers and who are responsible for the development and implementation of policy.

Campaign

The period before an election in which parliamentary candidates and parties seek to win voters' support.

Candidate

A person who stands for election to parliament.

Chair

A person in charge of a meeting; in the Legislative Council, the President or his deputy; in the Legislative Assembly, the Speaker or his deputy.

Chamber

The room in which the Legislative Assembly meets.

Clerk of the House

The most senior parliamentary officer in each chamber.

Clerk of the Parliaments

The senior permanent parliamentary officer.

Coalition

A combination of two or more parties in parliament.

Cognate Act

An Act which is subsidiary to a principal Act. It generally deals with consequential or transitional matters which flow from the passage of the principal Act.

Commencement

Date on which the Act becomes operational; usually specified in section 2 of the Act.

Committee

A group of members of parliament that considers matters referred to it and reports its findings to parliament.

Committee Stage

A stage during parliament's consideration of a Bill when each clause may be examined in detail and amendments may be considered.

Consolidations

An Act bringing together all existing statute law on a certain subject. Put in place primarily for convenience as it enables people to find the law on a topic more quickly. Term also given to principal legislation where amendments have been incorporated.

Constituency

The electorate or area, or the people in it, which a member of parliament represents.

Constitution

The law that defines the powers and responsibilities of the State and Federal Governments.

Current

Acts and Regulations: The legislation is either in operation or pending commencement. Bills: The Bill is currently being considered before parliament.

Debate

The formal presentation in the Legislative Chambers of various viewpoints.

Declatory Acts

Legislation whereby there have been doubts expressed as to the meaning, scope or validity of a law where parliament has had to clarify.

Defeated/Negatived

After parliament has debated a Bill it must be put to a vote to determine if a majority of members support that Bill. A Bill that does not achieve a majority of votes does not pass the parliament and is said to be "defeated" or "negatived".

Delegated Legislation

Sometimes referred to as subordinate legislation. Regulations, rules, ordinances, determinations, notices, instruments, directions, orders and by-laws made under the authority of an Act.

Disallowance

If delegated legislation is tabled in parliament and either house disallow it, it has the same effect as being repealed.

Disallowed

Regulations are required to be tabled in parliament after they are made. The Regulations are subject to disallowance if parliament finds that they are beyond the Regulation-making power granted by the principal Act or have not satisfied other statutory provisions. Disallowance means that the whole or part of the Regulation will be revoked.

Discharged

Bills are removed from the notice paper by motion to discharge after it is decided that the Bill will not be proceeded with.

Dissolution

The termination of a parliament in order that a general election may be held.

Division

A vote taken in a house of parliament when the names of members are recorded individually according to how they vote.

Draft Bill

Document prepared by Parliamentary Counsel for use by Cabinet in discussing proposed legislation.

Electoral District

The name given to the geographic area that comprises a Legislative Assembly electorate. Each area is represented by one member of the Legislative Assembly.

Electoral Province

The name given to the geographic area that comprises a Legislative Council electorate. Each is represented by two Legislative Councillors.

Electoral Roll

The list of people who are enrolled to vote in State and Commonwealth elections.

Enactment

The point at which a law, as expressed in an Act of parliament, comes into force.

Executive

Those from within the government who define and implement policy, and who are answerable to parliament for their administration.

Expired

See Sunsetted

Express Repeal

When one item of delegated legislation repeals another item of delegated legislation.

Extension

When the operation of an item of delegated legislation is extended beyond its due expiry date.

First Reading

The stage in parliamentary proceedings at which a Bill is introduced to parliament and permission is obtained to proceed with the Bill.

Gazette

See Government Gazette

General Election

An election in which all seats in the lower house are declared vacant and contested.

Gerrymander

The manipulation of electoral boundaries to give an unfair advantage to one party in elections.

Government

The party or group of parties (coalition) that enjoys the support of the majority of members of the Legislative Assembly.

Government Bill

A Bill introduced by the minister on behalf of the government.

Governor and Governors-General

The Queen's representatives.

Government Gazette

Published by Commonwealth and each State containing legislative notices, declarations, proclamations and other government related announcements.

Governor-in-Council

The formal meeting of the Governor and the Executive Council.

Hansard

The written record of second reading speeches and parliamentary debates; also the parliamentary department that produces the written record.

House of Representatives

The lower house of Federal Parliament.

House of Review

A term applied to those Second Chambers and upper houses responsible for providing a second opinion or look at Bills passed by the lower house.

Implied Repeal

If an Act, which authorises delegated legislation, is repealed, any delegated legislation, which has been made under the Act, is automatically repealed, unless otherwise stated.

Impliedly Repealed

The legislation has been repealed due to the repeal of another related piece of legislation. Where an Act is repealed, usually the statutory rules that are governed by that Act are impliedly repealed.

Independent

A member of parliament who is not a member of a political party.

Initiates (iats.)

Introduces or sets off. Schedules are usually initiated by section 3 of the Act.

Jurisdiction

The authority to enforce laws or pronounce legal judgments. The area over which legal authority extends.

Laid Aside

This is where the House of Representatives disapproves of Senate amendments to the Bill and subsequently lays the Bill aside.

Lapsed

Bills: Any Bills that have not been passed by parliament at the time parliament is prorogued (usually for an election) will lapse. It is possible in some jurisdictions for these Bills to be later revived or reinstated.
Regulations: See Sunsetted

Law

A rule, usually made by a government, that is used to order the way in which a society behaves, or the whole system of such rules.

Leader of the Government

In the Legislative Assembly the Premier, in the Legislative Council a government member elected to manage proceedings on behalf of the government; in Federal Parliament the Prime Minister.

Leader of the Opposition

A member elected by the Opposition to lead them and shadow the Premier.

Legislation

A law or set of laws suggested by a government and made official by a parliament.

Legislative Assembly

The lower house of parliament.

Legislative Council

The upper house of parliament.

Legislature

The arm of government whose function is to make, amend and repeal laws, as a parliament.

Lower House

One of two houses in a bicameral system. The government is formed from the party or coalition with a majority in the lower house.

Minister

A member of the government responsible for one or more government departments; they are also a member of Cabinet.

Modification

A modification is not an amendment. In some jurisdictions eg. NSW (“local jurisdiction”), local legislation can apply legislation from other jurisdictions (“foreign legislation”), eg. Commonwealth and/or other States, as a law of the local jurisdiction. However, the foreign legislation may not wholly suit the purpose of the local jurisdiction. Therefore, under the local legislation, there may be a provision stating that the foreign legislation (with or without modifications) is applied as law of the local jurisdiction.
Motion

A proposal put to the house framed in a way that will result in the opinion of the house being expressed or a decision being made.

Municipality

A region administered by its own local government.

Negatived

See Defeated/Negatived

Notice

The formal process by which the House is notified of the intentions of members to introduce Bills, ask questions, or move motions. Notices are printed on the Notice Paper and circulated before each sitting of the house.

Omnibus

An Act which makes amendments to a number of different Acts.

Opposition

The second largest party or coalition of parties after the government party or coalition of parties in the Legislative Assembly.

Ordinance

Previous name for Acts in the Territories, including the Northern Territory and the Australian Capital Territory.

Parliament

The group of elected politicians who make the laws for their jurisdiction; used to refer to the two houses.

Parliamentary Counsel

Specialists in the Department of Justice who draft Bills for parliament.

Portfolio

The specific policy responsibilities that a minister oversees.

Premier

The chief minister of a State Government in Australia.

President

The Presiding Officer of the Legislative Council.

Presiding Officers

The members of parliament elected to preside over meeting of their respective Houses (the President and the Speaker); they also take responsibility for the administration of the parliamentary departments.

Press Gallery

Journalists accredited to report on parliamentary proceedings; the special galleries in both houses in which accredited journalists sit to observe parliamentary debates.

Principal Act

Another name given to a public Act. The public Acts make up the body of law in each jurisdiction. These Acts can also contain amendments to other Acts.

Private Act

An Act of local or limited application, such as an Act that applies only to a particular individual, organisation or locality.

Private Member's Bill

A Bill introduced by an Opposition, Independent or government backbench member in their own capacity, rather than as a member of the government.

Proclamation

The date or dates on which an Act commences, as specified in the government gazette.

Proclaimed

Acts do not necessarily commence operation on assent. Where an Act will commence on a future but yet unspecified date, it is said to commence on proclamation. Proclamation is achieved by placing a notice in the relevant government gazette and specifying the date/s of commencement.

Prorogation

The termination of a session of parliament by the Governor.

Public Act

An Act that applies to the public at large.

Public General Acts

Principal Acts which have general application and are regularly reprinted.

Public Service

Government organisations and staff employed in them.

Public Special Acts

Public special Acts include amending Acts, Appropriation Acts, and local Acts. They are rarely amended and are generally subject to systematic repeal under the Statute Law Revision program.

Question Time

The allotted time in the parliamentary day when members direct oral questions to ministers.

Quorum

The number of members necessary to be present to constitute an official meeting and allow business to be conducted.

Register/Registered

Under the Legislative Instruments Act 2003 No. 139 (Cth) ("the Act"), most Commonwealth legislative instruments must be registered in the Federal Register of Legislative Instruments ("FRLI"). Legislative Instruments made on or after 1 January 2005 must be registered as soon as practicable after they are made to have effect. Legislative Instruments made before 1 January 2005 and still in force will have to be lodged over a period of three years in order to remain in force. This is in accordance with s. 29 of the Act.

Regulation

An official rule, law, or order stating what may or may not be done or how something must be done.

Reinstated/Revived

Some jurisdictions allow a previously lapsed Bill to be reintroduced to parliament.

Repeal

To make a law no longer have any legal force.

Repealed/Revoked

Repeal is essentially the revocation, deletion, omission or reduction in scope of a piece of legislation. This is often required because the legislation is out of date or no longer relevant. Repeal is achieved by enacting a provision stating that the piece of legislation is repealed. Repeal may be entire or partial.

To be repealed on a future date "- this means that the repealing provision has not yet come into operation. This includes proposed repeals by Bills that have not yet received assent."

Reprints

An original Act is reprinted to incorporate the text of amendments that have been made. It is common to regularly reprint individual statutes that are frequently amended. A reprinted Act is given a reprint number and date.

Royal Assent

Assent is the final stage in the enactment of a law. After a Bill has been passed by parliament it is sent to the vice-regal representative for royal approval/assent.

Seat

A politician's electorate; or a member's position in the legislative chambers.

Second Reading

The stage in parliament at which the underlying principles of a Bill are debated.

Senate

Upper house of the Federal Parliament.

Session

The period between the opening and closing of parliament

Sessional Orders

Temporary orders governing the conduct of proceedings for a session e.g. session times, days etc.

Shadow Minister

A member of the Opposition who has responsibility for a particular area of policy; the member is said to shadow the appropriate minister.

Sitting Days

Days on which one or both Houses of parliament meet.

Sitting Period

A period of time during which parliament meets regularly.

Speaker

The Presiding Officer of the Legislative Assembly.

Standing Orders

Permanent rules governing the conduct of business in the house e.g. the stages through which Bills proceed, conduct of debate etc.

Statute

See Act

Subordinate Legislation

See Delegated Legislation

Sunset Legislation

A statute that states that the statute, or part of it, is to be in force only for a particular period, at the end of which it ceases to have effect.

Sunsetted

Some legislation contains an expiry or sunset clause which prescribes that an Act or Regulation will automatically expire on a certain date or after a certain period. The effect of a sunset clause is the same as that of a repeal. When the relevant date has passed, the piece of legislation is said to be "sunsetted".

Tabulated Summary

LAWLEX's representation of amendments in table format showing the sections affected, amending section of amending title, how the sections have been affected and the commencement details.

Third Reading

The final stage of a Bill's progress in a house of parliament before it is passed.

Upper House

One of the two houses in a bicameral parliament; upper houses have similar powers to lower houses, except that they cannot initiate or amend money Bills and the Government is formed from the party that enjoys the support of a majority of the lower house.

Void

In Victoria, under s. 18(3), (4) and (5) of the Constitution Act 1975 No. 8750 (Vic) a Bill that proposes certain amendments to the Constitution will be considered "void" in certain circumstances.

Whip

A member of a political party in a House of Parliament who manages the business of the parliament and organises the participation of members in division and debates.

Withdrawn

A member of parliament may decide not to proceed with a Bill. This could be because the legislation is no longer considered necessary or because it is determined that the Bill would be defeated if it was put to a vote of the parliament. In these situations, the member may withdraw the Bill. The procedure for withdrawal varies across the jurisdictions. In some jurisdictions the Bill may simply be removed from the Notice Paper, and in other jurisdictions a member must make a formal motion to withdraw the Bill.

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