Glossary
Act
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 former Scrutiny of Legislation Committee reported to the Legislative Assembly on the committee’s scrutiny of Bills and subordinate legislation. For Bills, the Alert Digest reported the committee’s concerns on a case-by-case basis, and reported on any further consideration of those concerns following response from the Bill’s sponsor. For subordinate legislation, the Alert Digest listed subordinate legislation with which the committee had concerns, and on the completion of the committee’s inquiries, incorporated 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.)
department
This term includes any entity (whatever called) that instructs OQPC on the drafting of legislation.
enact
Parliament’s act in making a Bill into an Act.
erratum
An erratum to the explanatory notes presented with a Bill or subordinate legislation 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 or, in the case of subordinate legislation, administering Minister and also published on the Legislation 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 made up of persons appointed as Executive Councillors who are, customarily, Ministers. 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
- The Ministers appointed by the Governor to administer the laws of the State.
- 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, schedule 1, 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.
explanatory speech
The speech made by the member sponsoring a Bill (the relevant Minister in the case of a government Bill) in introducing the Bill.
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 motion by the Bill’s sponsoring Minister that the Bill be read a first time is passed. 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, section 4.
government
A reference to the government is a reference:
- in the context of the Legislative Assembly—to the members recognised in the Legislative Assembly as forming the government
- 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 former Scrutiny of Legislation Committee’s 1997 report The use of “Henry VIII clauses” in Queensland Legislation, paragraph. 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.
Legislation website
The Queensland Legislation website www.legislation.qld.gov.au.
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.
notification
The formal process of giving public notice that new subordinate legislation has been made. In the absence of a commencement provision, subordinate legislation commences on the day it is notified.
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.
portfolio committee
A Parliamentary portfolio committee established under the Parliament of Queensland Act 2001 that is responsible for examining each Bill and item of subordinate legislation in its portfolio area to consider:
- the policy to be given effect; and
- the application of fundamental legislative principles; and
- for subordinate legislation—its lawfulness.
A portfolio committee also has responsibility to monitor the operation of explanatory notes and, for subordinate legislation, staged automatic expiry and the regulatory impact statement system. See particularly the Parliament of Queensland Act 2001, section 93.
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 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)
- The land and waters within the boundaries of Queensland.
- 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 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, part 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, section 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, section 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
A former statutory committee established under the Parliament of Queensland Act 2001 with responsibility to examine all Bills and subordinate legislation to consider the application of fundamental legislative principles and to consider the lawfulness of subordinate legislation. Now see portfolio committee.
second reading
When the question put by the Speaker after the second reading debate that the Bill be read a second time is accepted. This precedes consideration in detail. For more detail about the second reading, and the stages of the passage of a Bill generally, see The Queensland Parliamentary Procedures Handbook.
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
- 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.
- 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.
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.
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 of 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.
(to) table
The formal process of placing documents such as Bills, subordinate legislation and explanatory notes on the table of the Legislative Assembly for discussion.
third reading
When the question put by the Speaker after consideration in detail is accepted. (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.