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Glossary of Legislative & Lawlex Terms
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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.