Print-friendly versionAct. A law made by the Parliament, and known as an Act of Parliament. An Act comes into being when a Bill that has passed all three readings in the Legislative Assembly receives royal assent from the Governor. Sometimes referred to as primary or principal legislation.
Alert Digest. The name of the document in which the Scrutiny of Legislation Committee reports to the Legislative Assembly on the committee's scrutiny of Bills and subordinate legislation. For Bills, the Alert Digest reports the committee's concerns on a case-by-case basis, and reports on any further consideration of those concerns following response from the Bill's sponsor. For subordinate legislation, the Alert Digest lists subordinate legislation with which the committee has concerns, and on the completion of the committee's inquiries, incorporates correspondence recording the committee's exploration of those concerns with the relevant Minister.
amending legislation. Legislation amending other legislation.
amendment during consideration in detail. An amendment to a Bill, proposed during the consideration in detail stage of the Bill in the Legislative Assembly, for omitting words from, or inserting words in, the Bill.
assent. See royal assent.
Authority to Introduce a Bill approval. A decision of Cabinet on an Authority to Introduce a Bill submission, approving the introduction into the Legislative Assembly of the Bill the subject of the submission.
Authority to Introduce a Bill submission. One of the types of Cabinet submissions as provided for in The Queensland Cabinet Handbook. The submission asks Cabinet to approve that the Bill, in accordance with the draft accompanying the submission, be introduced into the Legislative Assembly as soon as possible. The proposed explanatory notes for the Bill should also accompany the submission.
Authority to Prepare a Bill approval. A decision of Cabinet on an Authority to Prepare a Bill submission, approving the preparation of the Bill the subject of the submission.
Authority to Prepare a Bill submission. One of the types of Cabinet submissions as provided for in The Queensland Cabinet Handbook. An Authority to Prepare a Bill submission explains the reasons for initiating a legislative proposal and its implications, and asks Cabinet to give approval for the preparation of a new Bill in accordance with the drafting instructions accompanying the submission.
Bill. Proposed primary legislation. It becomes an Act if passed by the Legislative Assembly and assented to by the Governor.
Cabinet. The members of the Legislative Assembly holding appointment as Ministers. Cabinet is the decision-making centre of government. The Premier presides over Cabinet meetings, which are usually held on Mondays.
Cabinet legislation and liaison officer (CLLO). The liaison officer in each department responsible for the quality of documents provided by the department to Cabinet or the Executive Council, and for the administration of those documents. Also responsible for departmental management of the department's legislation program.
Clerk of the Parliament. The senior parliamentary officer and the chief executive of the Parliamentary Service. The Clerk of the Parliament is also known as the First Officer of the Legislative Assembly.
CLLO. See Cabinet legislation and liaison officer.
commencement proclamation. A proclamation commencing all or part of an Act. A commencement proclamation is used only if the Act provides for all or part of its provisions to start on a day fixed by proclamation.
consideration in detail stage. The stage in the passage of a Bill through the Legislative Assembly, between the Bill's second and third reading, when the Assembly considers the Bill in detail, that is, clause by clause and schedule by schedule. (See The Queensland Parliamentary Procedures Handbook for more detail.)
enact. Parliament's act in making a Bill into an Act.
erratum. An erratum to the explanatory notes presented with a Bill is a document tabled in the Legislative Assembly to correct an error or other inaccuracy in the notes. The document is tabled by the Bill's sponsoring Minister, and also published on OQPC's website together with the explanatory notes as originally tabled.
Executive Council. The body that advises the Governor on the exercise of powers by the Governor in Council. The Executive Council is customarily made up of persons who have been appointed both as Ministers and Executive Councillors. A meeting of the Executive Council requires a minimum of two Executive Councillors. The Governor presides at Executive Council meetings, which usually take place on Thursdays. (See The Queensland Executive Council Handbook for more detail.)
executive government. 1. The Ministers appointed by the Governor to administer the laws of the State. 2. The Ministers together with the departments of State.
exempt subordinate legislation. Subordinate legislation not required to be drafted by OQPC. See the Legislative Standards Act 1992, section 2, definition exempt subordinate legislation and section 7(e) for more detail.
explanatory notes. An explanation of the purpose and detail of proposed legislation. See the Legislative Standards Act 1992, section 22 for when explanatory notes are required. For detail about what is required for explanatory notes, see the Legislative Standards Act 1992, sections 23 and 24.
extrinsic material. Material that is relevant to legislation but not part of the legislation. Examples include explanatory notes and a second reading speech. In certain circumstances, it may be used to help interpret legislation. See the Acts Interpretation Act 1954, section 14B and the Statutory Instruments Act 1992, section 15 for more detail.
first reading. When the Clerk of the Parliament formally reads aloud the short title of a Bill introduced into the Legislative Assembly immediately after the Bill's sponsoring Minister has moved that the Bill be read a first time. (For more detail about the first reading, and the stages of the passage of a Bill generally, see The Queensland Parliamentary Procedures Handbook.)
fundamental legislative principles. Guiding principles relating to legislation that underlie a parliamentary democracy based on the rule of law. They include requiring legislation has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament (see the Legislative Standards Act 1992, s. 4).
government. A reference to the government is a reference:
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in the context of the Legislative Assembly - to the members recognised in the Legislative Assembly as forming the government
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otherwise - to the executive government of the State.
government Bill. A Bill sponsored in the Legislative Assembly by a Minister in his or her role as a member of the government.
Governor. The Queen's representative in Queensland. The Governor is appointed by Royal Commission on the advice of the Premier. The Governor is responsible for approving actions of the executive government and assenting to Acts.
Governor in Council. The Governor acting with the advice of the Executive Council.
Henry VIII clause. A clause of an Act of Parliament that enables the Act to be expressly or impliedly amended by subordinate legislation or executive action (see the Scrutiny of Legislation Committee's 1997 report The use of "Henry VIII clauses" in Queensland Legislation, para. 5.7).
House. This word is commonly used to refer to the chamber in which the members of the Legislative Assembly meet.
Leader of the House. The member of the government in the Legislative Assembly whose responsibilities include ensuring the government's legislative program is introduced into the Legislative Assembly, and dealt with there, in an appropriately timely way.
legislation. Written law made by the Parliament, or by a delegate of the Parliament such as the Governor in Council. Legislation can be contrasted with the common law and equity, which is found in court case law. Legislation is ordinarily found in the form of Acts and statutory instruments.
Legislative Assembly. The elected members of Parliament, sitting as the Legislative Assembly.
long title. See title.
member. An elected member of the Legislative Assembly.
Minister. A person appointed by the Governor, on the advice of the Premier, to administer laws of the State. Ministers are customarily also made members of the Executive Council. The Premier is also a Minister. The Ministers collectively make up the government, and each Minister is ordinarily responsible for a particular government department.
Office of the Queensland Parliamentary Counsel (OQPC). The office responsible for drafting Bills and subordinate legislation. The office is established under the Legislative Standards Act 1992, Part 3.
OQPC. See Office of the Queensland Parliamentary Counsel.
order in council. An instrument made by the Governor in Council, ordinarily under an authority stated in an Act, that identifies itself as being an order in council. Provisions for the making of orders in council are not usually found in recent Acts, their place having largely been taken by regulations (for instruments of a legislative nature) and gazette notices (for instruments of an administrative nature).
Parliament. The Queen and the Legislative Assembly. The Queen's role in the Parliament of Queensland is performed by her representative in Queensland, the Governor, although the Queen may perform her role when personally present in the State.
plain English. The writing of legislation in plain English involves the use of language, presentation, structure and style that makes the legislation easily read and understood. It also seeks to ensure legislation is free of unnecessary complexity and difficulty.
portfolio. The administrative and legislative responsibilities assigned to a Minister under the Constitution of Queensland 2001 and the Public Service Act 2008.
Premier. The leader of the government. The Premier is a Minister and is the chair of Cabinet.
private member's Bill. A Bill sponsored in the Legislative Assembly other than by a Minister in his or her role as a member of the executive government.
proclamation. An instrument made by the Governor, usually under an authority stated in an Act, that identifies itself as being a proclamation. In recent Acts, provisions for the making of proclamations are usually limited to the making of proclamations for commencing provisions of Acts that did not commence on royal assent.
Queensland (or State). 1. The land and waters within the boundaries of Queensland. 2. The body politic of Queensland.
regulation. An instrument made by the Governor in Council, under an authority stated in an Act, that identifies itself as being a regulation. Apart from proclamations for commencing uncommenced provisions of Acts and rules of court, a regulation is the form of subordinate legislation usually provided for in recent Acts in cases where the subordinate legislation is to be made by the Governor in Council.
regulatory impact statement (or RIS). A statement required to be prepared about proposed subordinate legislation before the subordinate legislation is made if the subordinate legislation is likely to impose appreciable costs on the community or a part of the community. (See the Statutory Instruments Act 1992, pt 5.)
reprint. A reproduction of legislation prepared by OQPC under the Reprints Act 1992. If legislation has been amended, a reprint of the legislation shows the legislation as amended. Section 7 of the Reprints Act 1992 allows changes to be made to the legislation using the editorial changes listed there. Changes under section 7 are not permitted to change the effect of a provision ( Reprints Act 1992, s. 8), but legislation as reprinted using the editorial powers has effect as if the changes made to it had been made expressly by other legislation ( Reprints Act 1992, s. 9).
retrospective operation. Legislation has retrospective operation if, once it is made, it can at law be said that it took effect at a point in time before the time it was made.
RIS. See regulatory impact statement.
royal assent (or assent). Signification by the Governor in the Queen's name of assent to a Bill becoming an Act. This is the final step in the enactment of primary legislation.
Scrutiny of Legislation Committee. One of the statutory committees established under the Parliament of Queensland Act 2001, section 80. Under section 103(1) of that Act, the committee's area of responsibility is to examine all Bills and subordinate legislation to consider the application of fundamental legislative principles to particular Bills and particular subordinate legislation, and to consider the lawfulness of particular subordinate legislation.
second reading. When the Clerk of the Parliament formally reads aloud the short title of a Bill introduced into the Legislative Assembly if, at the conclusion of the second reading debate, the Assembly agrees to the motion that the Bill be read a second time. (For more detail about the second reading, and the stages of the passage of a Bill generally, see The Queensland Parliamentary Procedures Handbook.)
second reading speech. The speech made by the member sponsoring a Bill (the relevant Minister in the case of a government Bill) in moving a motion that the Bill be read a second time.
short title. The short name given to a Bill or Act, usually by its first clause or section, consisting of a name and the year of enactment.
significant subordinate legislation. 1. Under the Legislative Standards Act 1992, significant subordinate legislation is subordinate legislation for which a regulatory impact statement must be prepared under the Statutory Instruments Act 1992. 2. For administrative purposes however, proposed subordinate legislation is also treated as significant subordinate legislation (and therefore also required to be the subject of a formal Cabinet submission) if it affects a politically sensitive policy area, if it involves major government expenditure for which Cabinet approval has not previously been sought or if it has not been certified by OQPC. (See The Queensland Cabinet Handbook.)
SLMP Bill. See Statute Law (Miscellaneous Provisions) Bill.
sponsor. The sponsor of a Bill in the Legislative Assembly is the person having primary responsibility for the introduction and passage of the Bill through the Assembly. For most Bills, this is a Minister (although any private member can also sponsor a Bill), and the Minister can be referred to as the Bill's sponsoring Minister. Also, the department administered by the Minister is commonly referred to as the Bill's sponsoring department.
State. See Queensland.
Statute Book. All legislation taken as a body of law.
Statute Law (Miscellaneous Provisions) Bill (SLMP Bill). A Bill used for minor amendments of a housekeeping nature across a number of Acts.
statutory instrument. In general terms, a document made under the authority, directly or indirectly, of an Act. (For more detail, see the Statutory Instruments Act 1992.)
subordinate legislation. A statutory instrument that under the operation of the Statutory Instruments Act 1992 is subordinate legislation. For a general explanation, see Chapter 6 of this handbook. Most subordinate legislation is in the form a regulation, rule, by-law, ordinance or statute (for example, a University statute).
sunset clause. A clause included in legislation that causes the legislation or part of the legislation to be repealed at a specified future time.
The Australian Policy Handbook. C Althaus P Bridgman & G Davis, The Australian Policy Handbook, 4th edn, Allen & Unwin, Australia, 2007.
third reading. When the Clerk of the Parliament formally reads aloud the short title of a Bill introduced into the Legislative Assembly if, after the consideration in detail stage of the Bill, the Assembly agrees to the motion that the Bill be read a third time. (For more detail about the third reading, and the stages of the passage of a Bill generally, see The Queensland Parliamentary Procedures Handbook.)
title (or long title). The words appearing at the start of an Act, before the formal words of enactment, that describe briefly the Act's purview. The title or long title is to be distinguished from the short title or any preamble.
uniform legislation. Legislation made in conjunction with other jurisdictions with the intention of making the law uniform between the jurisdictions. Sometimes referred to as national scheme legislation.