| Term | Description |
|---|---|
| Act | a bill, when passed by both houses of the Parliament and assented to by the Governor‑General, becomes an Act |
| addendum to an explanatory memorandum | issued when additional material is added to an explanatory memorandum, usually in response to matters raised by a parliamentary committee—see the term ‘explanatory memorandum’ |
| Administrative Arrangements Order (AAO) | sets out the matters dealt with by each department and the legislation administered by the minister, or ministers, who are appointed to administer each department |
| bill | a proposal for a new law or a change to an existing one—OPC prepares a draft bill which is a confidential document until it is introduced into the Parliament or otherwise approved for public circulation. When approved for introduction by the Legislation Minister, the draft is printed as a bill and introduced into either the House of Representatives or the Senate |
| bill homepages | dedicated webpages for all bills available through the Parliament House website. They provide procedural information about each bill, the primary documents relating to the bill (the bill, explanatory memorandum, circulated amendments, and schedule of amendments) and links to other resources, such as second reading speeches, committee information, and the Parliamentary Library’s bills digests. Links to bill homepages can be accessed through the Senate’s Dynamic Red, the Senate Daily Summary, the Senate Bills List, the House Daily Program, the House Live Minutes, the House Votes and Proceedings and the House Bills List |
| CABNET | secure network for transmission of Cabinet-related material |
| clause | see the term ‘parts of an Act’ |
| correction to an explanatory memorandum | issued when a minor correction is being made to an explanatory memorandum which could be contained on one or two pages—see the term ‘explanatory memorandum’ |
| delegated or subordinate legislation | laws made under the authority of Acts by persons or bodies other than the Parliament (usually the Governor-General in Council or a minister) and variously described as rules, regulations, by-laws, orders, statutory instruments, notices, ordinances, determinations and proclamations. The Federal Executive Council Handbook provides details of procedures to be followed for subordinate legislation required to be made by the Governor-General in Council |
| Departmental instructing officer | for each bill, a senior officer from the instructing department is required to act as the main point of contact with OPC, to instruct on the bill and to clear drafts of the bill prepared by OPC. The officer must have a thorough understanding of the policy that is to be implemented, knowledge of the legislation and sufficient authority to make on-the-spot decisions on most issues that will arise during the drafting process. This officer is also required to ensure that policy approval is sought for all measures contained in the bill, drafting instructions are issued and all necessary supporting material for the bill is prepared (see paragraph 6.5). |
| explanatory memorandum | a companion document to a bill which assists members of the Parliament, officials and the public to understand the objectives and detailed operation of the clauses of the bill |
| Federal Executive Council | established under the Constitution to ‘advise the Governor‑General in the government of the Commonwealth’. Acting on the advice of the Federal Executive Council, the Governor-General exercises powers on a range of matters, including the making of proclamations, regulations and ordinances, the making and terminating of appointments to statutory offices, and changes to the Administrative Arrangements Order |
| Federation Chamber | operates in parallel with the main chamber of the House of Representatives to deal with, among other things, the second reading and consideration in detail of any bills referred to it from the House—formerly known as the Main Committee |
| first house | the house into which a bill is first introduced |
| First Parliamentary Counsel (FPC) | the head of the Office of Parliamentary Counsel |
| first reading print | the first print of a bill which reflects the bill introduced into the first house |
| House-initiated bill | a bill which is first introduced in the House of Representatives |
| Impact Analysis (IA) | where advised by the OIA that a IA is required, it must be prepared consistent with the Australian Government Guide to Policy Impact Analysis |
| Instructing department | the department responsible for coordinating and progressing proposed legislation or amendments to existing legislation, referred to throughout as ‘the department’ (see definition of departmental instructing officer above and paragraphs 5.5 to 5.8). |
| legislation approval submission | brief prepared for the legislation approval process by the Legislation Section for the Legislation Minister seeking approval for introduction of the legislation. The brief provides information on the proposed bill, including the status of policy approvals. A copy of the bill and explanatory memorandum are also attached to the brief |
| legislation circular | circular issued by the Legislation Section advising Legislation Liaison Officers (LLOs) on a range of matters relating to the legislation process |
| Legislation Liaison Officer (LLO) | each department is required to nominate an officer to be its LLO for all legislation. That person is the principal contact on all general matters concerning the processes of preparation, approval and passage of legislation for that department. The LLO is the primary departmental contact for the Legislation Section in PM&C and the Parliamentary Liaison Officers regarding programming of legislation in the Parliament. The Legislation Section in PM&C maintains a list of all LLOs. LLOs need to be empowered to influence stakeholders to comply with the requirements of the legislation process, including the delivery of any necessary inputs when the Parliament is sitting. |
| Legislation Minister | minister in the Prime Minister’s portfolio nominated by the Prime Minister to consider requests for minor policy approval and approve legislation for introduction on behalf of the Prime Minister |
| Legislation Section | Parliamentary Affairs and Legislation Section (often called PALS) is the section in PM&C which coordinates the legislation program; prepares papers for the Parliamentary Business Committee of Cabinet on the legislation program; prepares submissions to the minister nominated by the Prime Minister for the legislation approval process (referred to in this handbook as the Legislation Minister); and coordinates advice on minor policy proposals to the Prime Minister or the Legislation Minister. |
| Ministerial legislation contact officer | a nominated person in each minister’s office who acts as the first point of contact for all legislation matters that require the minister’s attention (often the Departmental Liaison Officer (DLO)). |
| Office of Impact Analysis (OIA) | office within PM&C which has a central role in assisting departments and agencies to meet the Australian Government’s policy impact analysis requirements |
| Office of Parliamentary Counsel (OPC) | statutory agency responsible for drafting proposed laws for introduction into either house of the Parliament, drafting amendments of proposed laws that are being considered by either house of the Parliament, drafting legislative instruments and publishing legislation |
| OPC client adviser | a senior drafter nominated to advise their department on certain matters relating to legislation. An up-to-date list of client advisers is available on the OPC website |
| paragraph | see the term ‘parts of an Act’ |
| Parliamentary Business Committee of Cabinet (PBC) | a Cabinet committee which has the role of determining the legislation program for each sitting period, endorsing the draft weekly program of legislation for introduction and debate in each house of the Parliament and considering ministers’ requests for significant variations to the legislation program |
| parliamentary counsel | the title given to a drafter within the Office of Parliamentary Counsel |
| Parliamentary Joint Committee on Human Rights | joint committee established by both houses and with membership consisting of both members and senators—the committee scrutinises all bills as well as all legislative instruments (including instruments that are exempt from disallowance) for compatibility with human rights |
| Parliamentary Liaison Officer (PLO) | the House PLO and the Senate PLO are officers of PM&C responsible for working with the Leader of the House in the House of Representatives and the Leader of Government Business and the Manager of Government Business in the Senate to program government business |
| parts of an Act and parts of a bill | an Act is made up of sections which may be divided into subsections which may be further divided into paragraphs and subparagraphs—for example, section 9, subsection 9(1), paragraph 9(1)(a). Sections are commonly grouped into parts, divisions and subdivisions. In a bill, sections are called clauses, and subsections called subclauses and paragraphs are called paragraphs. Amendments to Acts are set out in schedules |
| primary legislation | legislation passed by the Parliament, i.e. Acts of Parliament |
| procedure sheet | a procedural script for the Speaker, minister and other members involved in items of business in the House. For consideration in detail, it is printed on grey paper and referred to as a ‘Grey’; for all other business, it is printed on buff paper and referred to as a ‘Procedure’ |
| proclamation | notice given under an Act of a particular matter, such as the commencement of the Act on a specified day |
| replacement explanatory memorandum | issued when substantial changes are made to an explanatory memorandum or changes are made to several areas of an explanatory memorandum—see the term ‘explanatory memorandum’ |
| revised explanatory memorandum | prepared for the second house to take account of amendments made to the bill in the first house—see the term ‘explanatory memorandum’ |
| Royal Assent | assent provided by the Governor-General in the Sovereign’s name to the terms of a bill that has passed both houses of the Parliament in identical form. When a bill receives Royal Assent, it becomes an Act of Parliament |
| running sheet | a list of all circulated amendments prepared to guide committee of the whole proceedings in the Senate chamber. The running sheet provides a suggested order in which to consider circulated amendments and highlights amendments that conflict with one another. It also indicates where amendments are consequential on others being agreed to. The running sheet is published via a link on the Dynamic Red and can also be obtained from the Senate Table Office |
| schedule of amendments | a list of amendments made to a bill by the second house and communicated to the first house for its consideration |
| schedule to an Act/bill | where an Act or bill amends a number of Acts, the amendments to each Act are set out in a series of schedules, often with a separate schedule for each Act being amended. Schedules for non-amending Acts or bills may contain matters of detail, the text of documents such as treaties, or other appropriate material |
| second house | the house into which a bill is introduced after it has been passed by the first house |
| second reading speech | speech made, or incorporated into Hansard, by a minister after the second reading of a bill is moved in either house. The speech explains the purpose and policy objectives of a bill |
| section | see the term ‘parts of an Act’ |
| Selection Committee | House of Representatives committee which: determines the program of business for committee and delegation business and private members’ business for each sitting Monday; selects bills for referral to House or joint committees; and sets speaking times for second reading debates |
| Selection of Bills Committee (SoBC) | Senate committee which considers all bills introduced into the Senate or received from the House of Representatives and determines whether the bill is to be referred to a Senate legislative and general purpose standing committee or select committee |
| Senate-initiated bill | a bill which is first introduced in the Senate |
| Senate Standing Committee for the Scrutiny of Bills | Senate committee which scrutinises bills and amendments under Senate standing order 24 to report in relation to: undue trespass on personal rights and liberties; whether administrative powers are described with sufficient precision; whether appropriate review of decisions is available; whether any proposed delegation of legislative powers is appropriate; and whether the exercise of legislative powers is subject to sufficient parliamentary scrutiny |
| Senate Standing Committee for the Scrutiny of Delegated Legislation | Senate committee which scrutinises subordinate or delegated legislation subject to disallowance against a set of scrutiny principles that focus on compliance with statutory requirements, the protection of individual rights and liberties, and principles of parliamentary oversight. |
| sitting period/ sittings of Parliament/ sitting pattern | there are generally three periods of sitting of the Parliament each year: the Autumn sittings from late January or early February to late March or early April; the Winter sittings from May to late June; and the Spring sittings from August to late November or early December. The sitting pattern for each year is approved by the Prime Minister. The days on which each house sits during a period of sitting are determined by each house |
| subclause | see the term ‘parts of an Act’ |
| subordinate or delegated legislation | see the term ‘delegated legislation’ |
| subparagraph | see the term ‘parts of an Act’ |
| subsection | see the term ‘parts of an Act’ |
| supplementary explanatory memorandum | prepared for all government amendments, regardless of whether the amendments to the bill are being moved in the first or second house—see the term ‘explanatory memorandum’ |
| Table Offices | the offices in the Department of the Senate and the Department of the House of Representatives (the chamber departments) responsible for coordinating the documentation to enable introduction of legislation and for ensuring the progress of all legislation through its subsequent stages |
| third reading print | a reprint of a bill which incorporates amendments agreed to by the first house and which is sent to the second house for its consideration |
The purpose of this handbook and guidance material is to provide a description of the procedures involved in making Commonwealth Acts, especially the procedures coordinated by PM&C.