Dictionary of Terms for LawOne

Below are the most common terms used for legislation in LawOne. In the table at the end of the page are other terms which may be useful in your exploration of the website and references to our Information Resources Centre where appropriate.

Common Terms Used in LawOne

Act

According to the Parliament of Australia, an Act is a law made by Parliament; a bill which has passed all three readings in each house and has received the royal assent:

  • Act Interpretation Act 1901 (Cth)
  • Legislation Act 2001 (ACT)
  • Interpretation Act 1987 (NSW)
  • Interpretation Act (NT)
  • Act Interpretation Act 1954 (QLD)
  • Acts Interpretation Act 1915 (SA)
  • Act Interpretation Act 1931 (TAS)
  • Interpretation of Legislation Act 1984 (VIC)
  • Interpretation Act 1984 (WA)

Click here for more information on the structure of an Act.

Bill 

According to the Parliament of Australia, a Bill is a proposal for a new law which has been presented to Parliament.

  • Commonwealth of Australia Constitution Act 1901, Chapter I Part 5

Click here for more information on the Parliamentary Process.

Commencement

According to the Acts Interpretation Acts of each jurisdiction, commencement, in relation to an Act, Regulation or a provision of an Act or Regulation, means the time at which the Act, Regulation or provision comes into operation.

  • Act Interpretation Act 1901 (Cth), Part 3
  • Legislation Act 2001 (ACT), Chapter 8
  • Interpretation Act 1987 (NSW), Part 3
  • Interpretation Act (NT), Part II
  • Act Interpretation Act 1954 (QLD), Part 5
  • Acts Interpretation Act 1915 (SA), Part 2, Section 7
  • Act Interpretation Act 1931 (TAS), Section 9
  • Interpretation of Legislation Act 1984 (VIC), Section 11
  • Interpretation Act 1984 (WA), Part III

Click here for more information on Commencement Provisions.

Draft

A draft piece of legislation is a proposal for a new law or changes to a new law which have been drafted by the responsible department but are yet to be presented to Parliament as a Bill.

  • Commonwealth of Australia Constitution Act 1901, Chapter I Part 5
  • Legislative Instruments Act 2003 (Cth), Part 2

Click here for more information on How Drafts pass through the Legislative Process.

Expired

An Act or Regulation is expired when it is fully commenced and ceases to have legal effect except in terms of non-fulfilment obligations.

  • Act Interpretation Act 1901 (Cth), Part 4
  • Legislation Act 2001 (ACT), Chapter 9
  • Interpretation Act 1987 (NSW), Part 4
  • Interpretation Act (NT), Part III
  • Act Interpretation Act 1954 (QLD), Part 6
  • Acts Interpretation Act 1915 (SA), Part 4
  • Act Interpretation Act 1931 (TAS), Section 16
  • Interpretation of Legislation Act 1984 (VIC), Part II Section 12
  • Interpretation Act 1984 (WA), Part V, Section 39

Click here for more information on Ceasing Operation in each jurisdiction.

Failed

Only used to refer to a Bill that has been unable to pass a House of Parliament in Australia due to being negatived, Parliament being prorogued or any other reason given in Hansard.

  • Commonwealth of Australia Constitution Act 1901, Chapter I Part 5

Click here for more information on Ceasing Operation in each jurisdiction.

Regulation

According to the Parliament of Australia, a regulation is a law made under the authority of an Act of Parliament.

  • Act Interpretation Act 1901 (Cth), Part 11
  • Legislation Act 2001 (ACT), Chapter 7
  • Interpretation Act 1987 (NSW), Part 6
  • Interpretation Act (NT), Part VIII
  • Act Interpretation Act 1954 (QLD), Part 2, Section 7
  • Acts Interpretation Act 1915 (SA), Part 3
  • Act Interpretation Act 1931 (TAS), Section 47
  • Interpretation of Legislation Act 1984 (VIC), Part III
  • Interpretation Act 1984 (WA), Part VI

Click here for more information on a Regulation.

Repealed

When a piece of legislation is repealed, it is revoked or rescinded and no longer has legislative force, usually by an official or formal Act or Regulation.

  • Act Interpretation Act 1901 (Cth), Part 4
  • Legislation Act 2001 (ACT), Chapter 9
  • Interpretation Act 1987 (NSW), Part 4
  • Interpretation Act (NT), Part III
  • Act Interpretation Act 1954 (QLD), Part 6
  • Acts Interpretation Act 1915 (SA), Part 4
  • Act Interpretation Act 1931 (TAS), Section 16
  • Interpretation of Legislation Act 1984 (VIC), Part II
  • Interpretation Act 1984 (WA), Part V

Click here for more information on Ceasing Operation in each jurisdiction.

Spent

A term used solely for CTH regulations and defined by them to mean a regulation which is solely commencing, amending or repealing and has taken effect in full. Note that this only applies to a regulation which was made before the introduction of Section 48B of the Legislative Instruments Act 2003 (Cth) on 23 September 2012

  • Legislative Instruments Act 2003 (Cth), Part 5A

Click here for more information on Ceasing Operation in each jurisdiction.

 

Other Terms Used in TimeBase LawOne

The list below is in alphabetical order and contains most of the remaining common terms and references used by TimeBase in LawOne.

Term Used in TimeBase LawOne

Definition and References

Act

Please see definition at the top of the page.

Aged Care Principles

Refers to an area of subordinate Commonwealth legislation published under the Aged Care Act 1997 and referring to standards in the health and aged care sector.

Amending (Act or Regulation)

An amending Act or Regulation makes changes to another Act or Regulation, usually a principal Act or Regulation.  Click here for more information.

Amendment

An amendment is the change that has been made by the amending Act or Regulation. Click here for more information.

As made

This term refers to an Act or Regulation as passed by Parliament or as notified, so the original and first consolidation of that legislative instrument. 

Assent

After a Bill has been passed by Parliament, it is submitted to the Queen's representative for approval. This process is known as Assent. Click here for more information

Assented Bill

TimeBase uses this term to represent those bills which have received the Queen's representative's approval and been given assent. Click here for more information.

Awaiting Assent

TimeBase uses this term to represent a Bill which has been passed by Parliament and is awaiting the approval of the Queen's representative. Click here for more information.

Bill

Please see definition at the top of the page.

Commencement

Please see definition at the top of the page.

Committee

This is a stage in the Parliamentary process after second reading debate where a Bill may be sent to a specialised committee for further review and report. Click here for more information.

Consolidations

Consolidation involves taking the text of all changes in the amending legislation and adding them to the principal legislation. Only one document needs to be consulted to see what the law was up to a particular point in time - the consolidation date. Click here for more information.

Consumer Protection Notices

A Consumer Protection Notice is anotice that is issued by the Minister for Competition and Consumer Affairs under the Competition and Consumer Act 2010 that declares a particular standard prepared by Standards Australia (or other approved body), with any additions or variations specified in the notice, to be a prescribed standard.

Currency information/details

A page in the TimeBase LawOne entry which refers to the details of the legislation including assent/notification and commencement details and all amends and repeals properties.

Current (Act and Reg)

Is a term used by TimeBase to indicate an Act or Regulation which is currently in use and has not been affected by any repeal or expiry provisions.

Current (Bill)

Is a term used by TimeBase to indicate a Bill which is currently on the notice paper for the sitting session of the current Parliament. This does not include Bills which have failed or lapsed due to prorogation.

Delegated legislation

Delegated legislation is law made by a body other than the legislature but with the legislature’s authority, for the purpose of implementing and administering the requirements of primary legislation. Delegated legislation can take the form of a RegulationRuleOrdersBy-LawProclamation or anything else made under an Act. Click here for more information.

[DNC] or Does Not Commence

A term used by TimeBase in the commencement provisions to define a provision which Does Not Commence due to its conditions in the legislation - full legislative references are also usually provided.

Draft

Please see definition at the top of the page.

Enabling legislation

Enabling legislation is the Act which gives effect to the delegated legislation.

Enactment

A passing of a bill into law.

Expired

Please see definition at the top of the page.

Explanatory Memorandum or Explanatory Statement

A type of extrinsic material submitted with the Bill in most Parliaments and able to be used in court in most jurisdictions and for more information about the purpose of the Bill. Click here for more information.

Failed

Please see definition at the top of the page.

First Reading 

A stage of the parliamentary process where the bill is first introduced into a house of Parliament. Click here for more information.

Gazette 

An official publication for notifying various actions of the government. TimeBase uses gazette notices for Assent and Notification details.

Historical Versions

Historical versions refer to a consolidation of the legislation as at a specified point-in-time. This is different to Point-in-Time legislation. Click here to read more.

Inoperative

A term used by TimeBase to refer to a piece of legislation which is ineffective due to implied repeal, but not direct repeal or expiry.

Not in Current Session

Also referred to in TimeBase as NICS, Not in Current Session is a term used by TimeBase to refer to Bills which  are simply lapsed as a result of Parliament being prorogued and then are not introduced for debate again. All bills will have an event property to this effect. Click here for more information.

Notification

A Regulation (or Act for Australian Capital Territory) is notified when it is published or registered on the official website or in the official gazette.

Ordinance

A type of legislation applicable only in the Northern Territory and Australian Capital Territory which is delegated from Federal Jurisdiction. TimeBase gives it similar status to Acts and includes Ordinances in their Acts Searching.

Principal (Act, Regulation or Bill)

A principal Act or Regulation or Bill is the major document covering the law on that particular subject or area. Click here for more information.

Proclaimed/Proclamation

A proclamation is usually in the form of a commencement proclamation which states the commencements for a particular piece of legislation. An item is proclaimed when it has been affected by a proclamation. 

Prorogation

Prorogation or a reference to Parliament being "prorogued" is a reference to the end of a parliamentary session. Click here to see more about the effects of prorogration on Bill Progress.

Registration/Registered

A Regulation is registered when it is published or notified on the official website or in the official gazette.

Regulation

Please see definition at the top of the page.

Repealed

Please see definition at the top of the page.

Responsible Department

A responsible department is the Minister or Department responsible for the functions and effect of the piece of legislation in that State. Responsible departments are usually delegated through Administrative Arrangement Orders.

Second Reading

A stage of the parliamentary process where a bill is presented for debate. Usually preceded by the Second Reading Speech. Click here for more information.

Spent

Please see definition at the top of the page.

Status

A term used by TimeBase to denote the current relevance of an item of legislation. Includes such terms as Current, Repealed, Not in Current Session and others.

Subject

The TimeBase Sydney Editorial Team categorises all legislation into the most appropriate area based on its content for legislative tracking and searching purposes. Subjects reflect the purpose and content of the legislation.

For more information see the TimeBase Subject Guide

Subordinate Legislation

Is the same as Delegated Legislation. Please see this definition further up the table.

[TBP] or To be Proclaimed

A term used by TimeBase to refer to legislation where the commencement provisions is yet to be proclaimed by Parliament.

Third Reading

A stage of the parliamentary process where the bill is finalised and agreed upon. This usually precedes an assent if it is in the final house. Click here for more information.

 

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