Commonwealth Consolidated Acts

LEGISLATION ACT 2003 - SECT 4

    In this Act:

"amend" : see subsection   5(1).

"approved website" : see section   15C.

"authorised version" , of a registered law or explanatory statement: see section   15ZA.

"commencement instrument" , in relation to an Act, legislative instrument or notifiable instrument, means an instrument providing solely for the commencement of:

  (a)   the Act or instrument; or

  (b)   a provision of the Act or instrument.

Example:   A Proclamation providing solely for the commencement of an Act.

"compilation" , of an Act, legislative instrument or notifiable instrument, is a document showing the text of the Act or instrument:

  (a)   as amended (if at all) and in force on a day (the compilation date ) stated in the document; or

  (b)   as the Act or instrument would be amended and in force on a day (the compilation date ) stated in the document, by amendments that have not commenced, if the document indicates that the amendments have not commenced; or

  (c)   as the Act or instrument is, or would be, modified by an Act or an instrument, and in force on a day (the compilation date ) stated in the document.

Note:   See Part   2 of Chapter   2 for the registration of compilations.

"compilation date" : see the definition of compilation in this section.

"disallowable legislative instrument" means a legislative instrument to which section   42 applies.

Note:   Section   42 provides for the parliamentary disallowance of legislative instruments. Section   42 does not apply to some legislative instruments (see section   44).

"discretionary compilation event" , for an Act, legislative instrument or notifiable instrument: see section   15Q.

"editorial change" , in relation to an Act, legislative instrument or notifiable instrument: see section   15X.

"enabling legislation" , in relation to a legislative instrument or notifiable instrument, means the primary law that authorises the making of the instrument.

"explanatory statement" for a legislative instrument: see section   15J.

"Federal Register of Legislation" means the register established and maintained under section   15A.

"First Parliamentary Counsel" means the person appointed to the position of First Parliamentary Counsel under subsection   4(1) of the Parliamentary Counsel Act 1970 .

"initial explanatory statement" : see section   15J.

"instrument" means any writing or other document, and includes an instrument in electronic form.

"legislative instrument" : see section   8.

Note:   This term has the same meaning when used in other Acts and instruments: see the definition of legislative instrument in section   2B of the Acts Interpretation Act 1901 .

"making" , in relation to an instrument, means the signing, sealing or other endorsement of the instrument by the person or body empowered to make it.

"modify" : see subsection   5(2).

"notifiable instrument" : see section   11.

Note:   This term has the same meaning when used in other Acts and instruments: see the definition in section   2B of the Acts Interpretation Act 1901 .

"Office of Parliamentary Counsel" means the office established by subsection   2(1) of the Parliamentary Counsel Act 1970 .

"power delegated by the Parliament" : an instrument made under a power delegated by the Parliament includes:

  (a)   an instrument made under a power delegated by the Parliament to a person or body and then, under the authority of the Parliament, further delegated by that person or body to another person or body; and

  (b)   an instrument that may be made under a power delegated by the Parliament as well as under a power given otherwise by law.

Example:   An instrument made under an Act as well as a prerogative power.

"primary law" means an Act or an instrument made under an Act, or a provision of an Act or an instrument made under an Act.

"register" means register on the Federal Register of Legislation.

"registered law or explanatory statement" : see section   15Z.

"repeal" , in relation to an instrument or a provision of an instrument, includes revoke or rescind the instrument or provision.

Note:   Section   5 defines amend , for a provision of an instrument, to include the repeal of a provision of the instrument.

"replacement explanatory statement" : see section   15J.

"required compilation event" , for an Act, legislative instrument or notifiable instrument: see section   15Q.

"responsible person" : see section   6.

"rule-maker" : see section   6.

"rules" means rules made by the First Parliamentary Counsel under section   61A.

Note:   These rules are legislative instruments. Regulations may also be made for the purposes of this Act (see section   62).

"supplementary explanatory statement" : see section   15J.

"text" includes any writing.

Note:   See the definition of writing in section   2B of the Acts Interpretation Act 1901 .