5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

administering agency means, in relation to legislation, the department, Office of Parliament, or other organisation that is, or will be, responsible for administering the legislation

applicable publication requirements has the meaning set out in section 74

central government entity, in Part 4, has the meaning set out in section 102

chief executive, in relation to an administering agency, means the chief executive of the administering agency

Chief Parliamentary Counsel means the person who holds that office under section 135

consolidation means a version of legislation published under section 70

current drafting practice, in subpart 2 of Part 3, has the meaning set out in section 85

disallowance exemption means an exemption under section 115(a) to (d)

empowering legislation, in relation to any secondary legislation or instrument, means—

(a)

the legislation that empowers the making of the secondary legislation or instrument; or

(b)

the Royal prerogative (for anything done under the Royal prerogative)

empowering provision, in relation to any secondary legislation or instrument, means—

(a)

the provision of the empowering legislation that empowers the making of the secondary legislation or instrument; or

(b)

the Royal prerogative (for anything done under the Royal prerogative)

Government amendment has the meaning set out in the rules and practice of the House of Representatives

instrument includes secondary legislation and any instrument that is not legislation (for example, an administrative document)

introduction, in relation to a Bill, means the introduction of the Bill in accordance with the rules and practice of the House of Representatives

legislation means the whole or a part of an Act or any secondary legislation

legislation website means any Internet site maintained by, or on behalf of, the PCO for the publication of legislation or supporting material (or both)

legislative guidelines or standards, in Part 4, has the meaning set out in section 102

legislative quality procedures, in Part 4, has the meaning set out in section 102

maker, in relation to any secondary legislation or instrument, means the person empowered to make the secondary legislation or instrument (but see also subsection (2))

minimum legislative information means—

(a)

the Title of the legislation; and

(b)

the empowering provision; and

(c)

the administering agency; and

(d)

any other information required by regulations made under this Act

official version, in relation to legislation, means a version of the legislation that has the status of an official version under section 78

PCO means the Parliamentary Counsel Office

presentation exemption means an exemption of the type referred to in section 114(2)

referential words, in subpart 2 of Part 3, has the meaning set out in section 85

release, in relation to an amendment to a Bill, means the circulation or release of the amendment to the House of Representatives in accordance with the rules and practice of the House of Representatives

relevant policy agency, in Part 4, has the meaning set out in section 102

responsible Minister, in Part 4, has the meaning set out in section 102

secondary legislation means an instrument (whatever it is called) that—

(a)

is made under an Act if the Act (or any other legislation) states that the instrument is secondary legislation; or

(b)

is made under the Royal prerogative in a form and for a purpose set out in Schedule 1A

Example

The ABC Act 2018 enables the Governor-General, by Order in Council, either to make exemptions in the Order in Council or to enable the regulator to issue exemption notices. Both the order and notice are made (directly or indirectly) under the ABC Act (see section 21). The ABC Act states that both are secondary legislation. As a result, both the Order in Council and the exemption notice made under that order are secondary legislation under this definition.

sitting day means a sitting day of the House of Representatives.

(2)

In this Act, a reference to the maker of any secondary legislation or instrument is, if the Governor-General is empowered to make that legislation or instrument, a reference to the relevant Minister for that secondary legislation or instrument.

(3)

See also the definitions of terms for all legislation in section 13, which also apply to this Act.

Section 5(1) disallowance exemption: inserted, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).

Section 5(1) secondary legislation paragraph (b): amended, on 25 March 2021, by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).