澳大利亚法律词语解释英文DICTIONARY OF KEY JARGON

AN A-Z OF KEY JARGONThis page is a work in progress and lists some of the jargon you may encounter on ComLaw and beyond. It identifies what the jargon is likely to mean in an Australian Government context and where to look for common types of legal document.This information is provided to assist you to make informed decisions about how to use ComLaw and the legal information it contains. If you want professional assurance that ComLaw content and your intepretation of it is appropriate to your particular situation, then you should get legal advice.To find an Act on ComLaw, use the Find It Fast bar at the top of any ComLaw page. Once you’ve located the Act you want, you can read or download it. Print copies of all Acts ‘as made’ since 1901 and reprints of some popular Acts as amended are available from major libraries .Administrative Arrangements Orders (AAOs)The Administrative Arrangements Order or AAO is an instrument made bythe Governor-General. It establishes Departments of State underthe Constitution including the matters and the Acts dealt with by each Department and its Minister(s). It is also useful for historical researchers, to work out where to look for what records.ComLaw contains the most complete set of AAOs available anywhere, and we’ve put this information together with the assistance of the National Archives of Australia and the Department of the Prime Minister and Cabinet.The AAO is generally updated only when functions are moving between department, so you should not assume that an Act is (or is not) in force just because you see it in the AAO. Use advanced search to locate or search within current law by portfolio. A law may be administered by more than one department.AAOs on ComLawAdministratorIn the ComLaw context, Administrator usually means a person who is authorised by law to do specific things, such as handle certain matters in the absence of the Governor-General or manage a non-self-governing territory.Aged Care Determinations see determinationsagencyOver 70 different agencies contribute to ComLaw. Some are Australian Government Departments of State established under the Administrative Arrangements Order, others are some other form of Australian Government body, and a few are State government bodies.For more information about the structure, organisations and key people in an agency or portfolio, go to the Government Online Directory .agreementsThe Australian Government has given force of law to a number of agreements, by including or referring to them in Acts or legislative instruments. It’s not practical to list them all here, and to locate all references to an agreement you may need to search the full text of all ComLaw content using Advanced Search.The Australian Government is a party, or holds records of, many other agreements which are not required to be published on ComLaw. Pleasechoose the type of agreement that interests you to view other relevant documents where available online:International agreements: DFAT treaties database hosted by AustLII | UN websiteIntergovernmental agreements: COAG | Ministerial Council on Federal Financial RelationsCommercial agreements: AusTenderCertified or collective (workplace) agreements: Fair Work Australiaairworthiness directives (ADs)An airworthiness directive or AD is a directive for action to address a potential or actual unsafe condition in an aircraft type or part. ADs made under the Civil Aviation Safety Regulations are classified as a legislative instrument, meaning they are routinely published on ComLaw in authoritative form.ComLaw contains every AD made since 2005 and some older ADs. There are thousands of ADs on ComLaw, so choose your search terms carefully. If you need access to older ADs not on ComLaw, these may be available on request by contacting the Civil Aviation Safety Authority .Legislative instruments classified as airworthiness directivesAmendmentAn amendment occurs where one law changes (amends) another law.annual reportsAlthough they are usually produced in compliance with one or more Acts, annual and periodic reports are exempt from registration on ComLaw under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, Item 13).Annual reports produced by Australian Government agencies are generally tabled in the Parliament, distributed in print form to major libraries and available on agency websites.Applicaton provisionAn application provision spells out situations or timeframes in which a law applies or does not apply. Sometimes they appear under a heading such as "Application".applicationsApplications are generally exempt from registration under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, Item 13). Details may be available in the gazette or on request subject to privacy and other considerations.Applied Law CompilationsIn some Territories, the Commonwealth has passed laws to apply the laws of a nearby State but it retains the power to modify how these laws are applied in the relevant territory(s).Where the Commonwealth modifies an applied law, we prepare compilations which show how the laws apply in the relevant territory(s). We also update these modified compilations when a State government further amends relevant laws. These compilations are collectively known as applied law compilations.Note: We do not maintain compilations of the full range of State laws that apply in those territories, only those that have been amended by Commonwealth Ordinance at some point.appointmentsAppointments relevant to employment are exempt from registration on ComLaw under the Legislative Instruments Regulations 2004(Schedule 1, Part 1, item 9). Details are often published in the Public Service Gazette or other gazettes.A few instruments of appointment eg. of polling places are classifiedas legislative instruments and are routinely published on ComLawin authoritative form. Typing 'appointment' in the Find It Fast bar at the top of any page will show you all current law that has this word in its title. If an appointment is not on ComLaw, it may be available in the gazette or on request.approvalsSome approvals are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a deed is not on ComLaw, it may be available in the gazette or on request.Legislative instruments classified as approvalsarrangementsSome instruments creating or related to arrangements are classifiedas legislative instruments, meaning they are routinely published on ComLaw in authoritative form. Arrangements not on ComLaw may be available inthe gazette or on request.Legislative instruments classified as arrangementsas amendedThis phrase indicates you are dealing with a compilation.as madeThis phrases indicates you are dealing with the law in the form in which it was originally made. The text may not reflect current law as it will not include any later amendments that may have been made.AssentAn Act passed by the Australian Parliament does not come into force until it is formally accepted by the Governor-General. This particular process for making laws is referred to as (Royal) Assent.Australian Design Rules (ADRs)Before any road vehicle can be supplied to the Australian market, it must comply with the Motor Vehicle Standards Act 1989. The Act requires all vehicles including trailers to meet national safety and environmental standards set out in the Australian Design Rules.ComLaw contains every ADR made since 2005 and some older ADRs. If you need access to older ADs not on ComLaw, these may be available on request by contacting the Department of Infrastructure and Transport .Legislative instruments classified as ADRsAustralian Standards see standardsauthorisations and authoritiesMany Acts include explicit authorisations for actions that might otherwise be open to legal challenge, but for ComLaw purposes we mean legislative instruments that are routinely published on ComLaw in authoritative form. Many other instruments of authorisation exist. For example, the Australian Competition and Consumer Commission has published details of a numberof merger authorisations and other authorisations under the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974).If an authorisation is not on ComLaw, it may be available in the gazette or on∙Government Bills - these are professionally drafted by the Office of Parliamentary Counsel (OPC) and go through a range ofother processes as described in the Legislation Handbook.Private Member’s Bills - these can be introduced by any Senator ComLaw currently contains the text of most Bills introduced from 1996 (the1st reading speech) with their explanatory memorandums. We will normally publish a new Bill on ComLaw with complete links to and from any Acts named in it within 1-2 days of the Bill being published on the Bills & Legislationpage of the Parliament of Australia website.To find a Bill on ComLaw, use the Find It Fast bar at the top of any ComLaw page. Print and microform copies of Bills are also available from major libraries.Bills digests are prepared by the Parliamentary Library to help the Parliament consider Bills, They provide a useful digest or summary each Bill’s content and history with reference to previous Bills, relevant Parliamentary and other reports and more. You can access Bills Digests from the Parliament of Australia website .Body matterPrivate Patients’ Hospital CharterMany other charters exist. A number of government agencies have published a Broadcasting (television and radio) codes - An index of industry codesdeveloped under section 123 of the Broadcasting Services Act 1992Building Code of AustraliaCriminal Code - a schedule to the Criminal Code Act 1995Franchising Code of Conduct - a schedule to the Trade Practices (Industry Codes - Franchising) Regulations 1998Online (internet and content service providers) Codes - An index of codes pursuant to the Broadcasting Services Act 1992 and Interactive Gambling Act 2001Public Service Code of Conduct - section 13 of the Public Service Act 1999 Telecommunications (phone industry) codes - An index of industry codes that meet the criteria of Part 6 of the Telecommunications Act 1997More codes (all codes classified as legislative instruments)Many other codes have been developed by different industries on a voluntary basis. Compliance with such codes is not legally enforceable. They include, but are certainly not limited to, the following codes:Australian Code for the Responsible Conduct of ResearchBanking, insurance and finance industry codes of practiceMotor Vehicle Insurance and Repair Industry Code of ConductUniform Shipping Laws Code - also known as the National Standard for Commercial Vessels - provides standards for the design, construction and operation of domestic commercial vessels.Are there other national codes that should be listed here? Please contactus with the details.ComLawComLaw is the website where you found this page/document and the systems and databases that sit behind it.More about ComLawCommencementWhen used within a law, this heading indicates when a law has or will come into force (take effect). Even if this heading is used, you may still find commencement information in other places within the law. Different parts of a law may come into force at different times.commencement instrumentsSome legislative instruments have only one purpose: to commence another piece of legislation. For ComLaw purposes we split these instruments into two categories: Act proclamations and other commencement instruments.Proclamations made before 1 January 2005 are exempt from registration on ComLaw under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, item 7), meaning that they remain in force even if they are not on ComLaw in authoritative form. In practice, many older Act proclamations are available on ComLaw or in the gazette.Other commencement instruments may also be available in the gazette or on request.Act proclamations | Other commencement instrumentsCommonwealth Reserved LawsFollowing passage of the Australian Capital Territory (Self-Government) Act 1988, the Governor-General retained the power under s 12 of the Seat of Government (Administration) Act 1910 to make laws (known as ordinances) on a narrow range of topics eg. classification of materials for censorship, land used or intended to be used for Commonwealth purposes (national land) and companies. Those laws which continue to apply in the ACT are administered by the Commonwealth. Very few ordinances have been made sinceself-government.Communications Determinations see determinationsCompilationsA compilation is a ‘cut and paste’ version of a law that shows you the text of the law as amended. A compilation may not contain all the amendments you expect - check the endnotes for details of things unincorporated amendments. Compilations do not normally incorporate laws that have not yet come into force although future law compilations are sometimes provided. Where you have a choice of compilations, you should choose the one most relevant to the point in time you are interested in.consentsSome consents issued by the Australian Government are classifiedas legislative instruments, meaning they are routinely published on ComLawin authoritative form. If a consent is not on ComLaw, it may be available inthe gazette or on request subject to privacy considerations.Legislative instruments classified as consentsConstitution, TheThe Australian Constitution is sometimes described as 'the birth certificate of a nation'. It was conceived by Australians, drafted by Australians at two conventions in the 1890s, and approved by Australians at a series of referendums in 1899. It was then passed as an Act of the British Parliament and received royal assent from Queen Victoria. Until this was done, Australia compromised six separate British colonies and ultimate power over these colonies rested with the British Parliament.When the Constitution commenced on 1 January 1901, it established the Australian Government and gave the Australian Parliament the power to make laws on certain matters (mostly listed in sections 51 and 52). The six colonies became Australia’s six states, and have the power to make laws on a much wider range of matters - but if a valid Commonwealth law is inconsistent with the law of a State, then the Commonwealth law overrides the State law.The Constitution also establishes the Queen as a part of the Parliament (section 1), and allows her powers to be exercised bythe Governor-General (section 61).court documentsTechnically speaking rules of courts and tribunals are not legislative instruments but their enabling legislation requires that they be treated as if they are, so they are routinely published on ComLaw in authoritative form. Most documents produced or considered by courts, tribunals and individual members of the judiciary are exempt from publication on ComLaw underthe Legislative Instruments Regulations 2004 (Schedule 1, Part 1, various items). They include practice directions, court orders, warrants and judgments (caselaw).The more important of these exempt documents are available online free of charge through the Australian Legal Information Institute (AustLII). AustLII’s website also includes links to relevant court and tribunal websites if you need to contact them directly for more information.Court and tribunal rules | Caselaw and other information on AustlIIcurrency determinations see determinationscurrent lawWhen you browse or search current law on ComLaw, your results will be limited to the latest version of laws that are in force, and new laws that have been signed into law but not yet come into force. Your results will not usually include draft legislation such as Bills, repealed legislation or legislation that is solely amending or repealing.Determinations published as legislative instruments on ComLaw include: Aged Care Civil Aviation (includes CASA, Air Services)Communications (includes Radiocommunications, Telecommunications)CurrencyFinancial (Appropriation) (includes Advance to Finance Minister, Departmental Items, Determination to Reduce Appropriations)Financial (Other) (includes Financial Management & Accountability, Federal Financial Relations)Fisheries Health (includes National Health, Health)Prudential (Banking & Insurance)Remuneration TribunalSocial Security Superannuation (includes Military Superannuation Determinations)Taxation Veterans' Entitlements (includes Statement of Principles)Many other determinations have been made over the years. Some historic tax determinations dating back to the early 1990s are available online fromthe Australian Taxation Office , and a useful list of these by subject and date is available from the Australian Legal information Institute (AustLII).Other determinations may be available in the gazette or on request subject toup later changes. If significant changes are agreed a supplementary EM may be issued.ComLaw contains EMs and some supplementary EMs for most if not all Bills introduced since 1996.Explanatory Statements (ESs)Trying to work out what a legislative instrument does and why it was made? An explanatory statement or ES is a document that sets out how a legislative instrument is expected to operate, and may go into the details of individual provisions. An ES will focus on the instrument as it was made, and will not normally pick up later changes.ComLaw contains ESs for all legislative instruments made since 1 January 2005, and for older documents wherever available.A future law compilation is a special type of compilation, that shows you how the text of an amended law is expected to read in the future. It is not authoritative, and further changes may be proposed and made to the law.Australian Pesticides andVeterinary Medicine Authority(APVMA) GazetteMonthlyAustralian Public Service(APS) GazetteWeeklyAustralian Securities andInvestment Commission (ASIC)GazetteTwice weeklyBusiness Gazette WeeklyChemical Gazette MonthlyFood Standards Gazette PeriodicallyIndian Ocean TerritoriesGovernment Gazette(replaces the ChristmasIsland Gazette and the Cocos(Keeling) Islands Gazette)IntermittentPurchasing and Disposals Gazette(now a part of the AusTender not applicableTariff ConcessionsWeeklyGazetteUnclaimed Monies Gazette Intermittent**Often included with the ASIC gazetteIf the material you are looking for does not fit within the scope of one of the above gazettes, it is likely to have been published in the Government Notices Gazette published by the Office of Parliamentary Counsel. These include:Many other guides and guidelines have been produced by Commonwealth agencies over the year. These include guidelines issued under section 93A of the Freedom of Information Act 1982 and Better Practice Guides issued by the Australian National AuditOffice .If a guide is not on ComLaw, it may have been gazetted, may be available oninappropriate or unnecessary use of gender specific language, this must be reported to the Parliament under the Legislative Instruments Act 2003 (para 16(3)(c)).Governor-GeneralAs the Queen’s representative in Australia, the Governor-General performs a large number of functions under Australia’s Constitution. TheGovernor-General generally acts in accordance with advice received from Commonwealth Ministers through the Federal Executive Council, although the Governor-General does not have to do so when it comes to some powers.were printed at the time they were made in the gazette or as a statutory rule, but many of these documents had never been published before.Current legislative instruments A-Z | All legislative instruments A-ZLegislation tablesLegislation tables are tools that were used before the internet to track the history of Acts and important instruments.Legislation tables relevant to the Australian Governmentletters patentWe prefer to avoid this term as it can mean two very different kinds of instrument. One is an ancient form of instrument made without reference to the Parliament under royal prerogative, that is, prerogative instruments. The other is patents, which used to be issued in this way but which are now governed by the Patents Act 1990. A comprehensive database of Australian patents granted since 1904 is maintained by IP Australia .LIAThe LIA is ComLaw shorthand for the Legislative Instruments Act 2003. This Act requires legislative instruments to be published online in authoritative form, and governs key processes including disallowance and sunsetting.licencesSome licences issued by the Australian Government are classifiedas legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a licence is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.Legislative instruments classified as Radiocommunicatons licences | Other licencesLong Title see TitleMaking is the process by which a lawmaker signs, seals of otherwise endorses a new law. Where the Governor-General endorses an Act passed by the Australian Parliament, this process is referred to as (Royal) Assent.measuresSome instruments called measures are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.'Measures' is also a term used in the annual Budget process to refer to individual decisions on government revenue and spending. Details of measures are published in the Budget papers as available from sites including .au .Legislative instruments classified as measuresMedia releasesGovernment media releases are not normally published on ComLaw unless they are relevant to the commencement of a legislative instrument. Government media releases may be published in a wide variety of places, for a list of sites and to subscribe to updates, please visit .au . MinisterReferences within the law to a Minister means the Minister or Ministers responsible for administering a particular piece of legislation unless stated otherwise. This principle is set out in the Acts Interpretation Act1901 (ss19A(1))Misdescribed amendmentMisdescribed amendment is ComLaw shorthand for an amendment that cannot be incorporated into a compilation due an error or other anomaly. A misdescribed amendment is normally listed in the endnotes to relevant compilations until the status of the amendment is resolved.Many Acts on ComLaw require notices or notifications to be issued by government agencies and sometimes other bodies too. Some government notices/notifications are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. Notices may also be published:∙on dedicated websites such as the Product Recall Noticeswebsite∙in privately produced newspapers - these may be national,regional or local newspapers depending on the notice, or ∙in the gazette.Legislative instruments classified as notices and notificationsnumbered (laws)Many types of law are issued with a unique number as part of their making and they may be referred to by this number instead of by name. To locate a Numbered Act or Select Legislative Instrument (Statutory Rule), use the relevant menu in the Find It Fast bar at the top of any page or use Advanced (Unique ID) Search.For older records, you’ll need to go to the National Archives of Australia (the NAA). The NAA has made a large number of its records available for viewing online, and many other documents in the collection are available on request.Some permissions/permits issued by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a permission/permit is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.Legislative instruments classified as permissions & permitsplansSome plans produced by the Australian Government are classifiedas legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a plan is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.Legislative instruments classified as plans: Communications | Management of sites and species | OtherPreambleWhen used within a law, this heading indicates the reasons for and scope of a law. This information may also be found in a law’s explanatory material. prerogative instrumentsPrerogative instruments are an ancient form of instrument made bythe Governor-General or monarch without reference to an Act of Parliament. For more information about the legal basis for this rare form of law-making, see Parliamentary Library Research Note 11 of 2003-04 .Prerogative instruments include instruments which establish national honours such as the Order of Australia, and the procedures for granting them. These instruments are usually published in the gazette and most recent ones are also available on ComLaw. These and certain other instruments are sometimes referred to as letters patent.Prerogative instruments on ComLawprimary legislationActs of Parliament can authorise a person or body other than the Parliament to make laws on matters of detail, that is, secondary legislation. They are therefore sometimes referred to as primary legislation.principlesRecall notices instruct suppliers to remove unsafe goods from shops. Recall notices are not required to be published on ComLaw, but you can browse recalls by category, report unsafe products and more on the national Recalls website .recognitionsA number of Acts on ComLaw recognise the legal regimes and rules of other jurisdictions, or permit instruments to be made for this purpose. Some of these instruments are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a recognition is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.Legislative instruments classified as recognitionsregisteredAn item is registered when it is published to ComLaw for the first time, regardless of whether or when it has been published previously. Registered has a particular meaning for Legislative Instruments, please seethe Legislative Instruments Act 2003.RegulationsWhen you hear economists and business people refer to 'regulation', they usually mean legislation that affects people outside government. Some but not all ComLaw content including most Acts would come under this definition.For ComLaw purposes, we use Regulations to mean laws that have the word Regulation or Regulations in their title, regardless of who they affect. Most Regulations are made under an Act of Parliament and are classifiedas legislative instruments. Some prerogative instruments also have the word Regulations in their title.Regulations classified as legislative instruments | Prerogative instruments Regulatory Impact Statements (RISs)Regulatory Impact Statements are routinely published on ComLaw with the legislation they relate to. Regulatory Impact Statements may also be published earlier in the law-making process. These earlier RISs, and guidance on how and when to prepare a RIS, are available from the Best Practice Regulation website .Remuneration Tribunal Determinations see determinations。