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.
Enabled Instrument
Delegated legislation made pursuant to the authority of a principal Act.
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.
Historical versions
Superseded copies of legislation, as made available on the government
web sites. When using these, it is important to check dates and
commencement information.
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.