Legislation Act 2019

Preliminary provisions

5: Interpretation

You could also call this:

"What special words in the law mean"

When you read the Legislation Act 2019, you need to know what some words mean. The Act explains what these words mean, so you can understand it better. You can find more definitions in section 13.

When the Act talks about the person who makes secondary legislation, it usually means the person who has the power to make it. But if the Governor-General has the power, it means the relevant Minister. The Act also tells you what other words mean, like 'administering agency', 'chief executive', and 'legislation website'. You can find these definitions in the Act, and they will help you understand what you are reading.

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Part 1Preliminary provisions

5Interpretation

  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—

                    1. the legislation that empowers the making of the secondary legislation or instrument; or
                      1. the Royal prerogative (for anything done under the Royal prerogative)

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

                        1. the provision of the empowering legislation that empowers the making of the secondary legislation or instrument; or
                          1. 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—

                                            1. the Title of the legislation; and
                                              1. the empowering provision; and
                                                1. the administering agency; and
                                                  1. 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—

                                                                  1. is made under an Act if the Act (or any other legislation) states that the instrument is secondary legislation; or
                                                                    1. is made under the Royal prerogative in a form and for a purpose set out in Schedule 1A

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

                                                                      1. 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.

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

                                                                      Notes
                                                                      • Section 5(1) disallowance exemption: inserted, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).
                                                                      • Section 5(1) secondary legislation paragraph (b): amended, on , by section 4(2) of the Secondary Legislation Act 2021 (2021 No 7).