This 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.
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1st, 2nd and 3rd reading see Readings (of a Bill)
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Acts
Acts of Parliament are a form of legislation made by the Australian Parliament. Under Australia’s Constitution, each draft Act (each Bill) must pass through both Houses of the Parliament and receive royal assent before it can become law. Once an Act is in place, it can generally only be amended or ceased (repealed) by another Act. When an Act changes, we prepare a compilation of the Act so you can see what the amended Act says.
New Acts are normally available on ComLaw shortly after assent, and ComLaw contains the full text of every Act as made since 1973. If you need an electronic copy of an older Act, please contact us with the details so we can send you a quote. Act compilations are generally available on ComLaw when changes commence, but it can take longer if a compilation is complex or if we are busy, as is normal in January and in July/August.
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 by the Governor-General. It establishes Departments of State under the 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 ComLaw
Administrator
In 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 determinations
agency
Over 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 .
agreements
The 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. Please choose the type of agreement that interests you to view other relevant documents where available online:
International agreements: DFAT treaties database hosted by AustLII | UN website
Intergovernmental agreements: COAG | Ministerial Council on Federal Financial Relations
Commercial agreements: AusTender
Certified or collective (workplace) agreements: Fair Work Australia
airworthiness 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 directives
Amendment
An amendment occurs where one law changes (amends) another law.
annual reports
Although 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 provision
An 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".
applications
Applications 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 Compilations
In 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.
appointments
Appointments 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 classified as legislative instruments and are routinely published on ComLaw in 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.
approvals
Some 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 approvals
arrangements
Some instruments creating or related to arrangements are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. Arrangements not on ComLaw may be available in the gazette or on request.
Legislative instruments classified as arrangements
as amended
This phrase indicates you are dealing with a compilation.
as made
This 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.
Assent
An 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 ADRs
Australian Standards see standards
authorisations and authorities
Many 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 number of 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 request.
Legislative instruments classified as authorisations
authoritative
Most ComLaw content is authoritative: it is presumed to be a complete and accurate record of the law in question unless the contrary is proved in court and other legal proceedings, and strict laws apply to how this content is managed.
What ComLaw content is authoritative
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Bills
A Bill is a draft Act of Parliament. Under Australia’s Constitution, a Bill may be introduced in either House of Parliament unless it is a money Bill, but most are introduced in the House of Representatives. Depending on who introduced them and why, Bills may be referred to as:
ComLaw currently contains the text of most Bills introduced from 1996 (the 1st 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 & Legislation page 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
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 matter
Body matter is ComLaw shorthand for the text of a law, as distinct from the front matter and end matter that are often included with it.
by-laws
A by-law is a form of delegated legislation which applies only in a certain local area. Some Commonwealth by-laws are classified as legislative instruments, meaning they are published on ComLaw in authoritative form.
When it comes to Australian territories, use our Law by territory view to locate all legislation relevant to a given Territory and an explanation of how the various laws interact.
By-laws also exist in relation to other matters, notably Customs and Defence. If a by-law is not on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as by-laws: Jervis Bay Territory | Other by-laws
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caselaw see court documents
certificates
Some certificates issued by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a certificate is not on ComLaw, it may be available in the gazette or on request subject to privacy considerations.
Legislative instruments classified as certificates: Sunsetting | Other
charters
The Australian Government has given force of law to a number of charters, by including or referring to them in Acts or legislative instruments. These charters include, but are not necessarily restricted to the:
Charter of Budget Honesty Act 1988
Charter of the United Nations Act 1945 and a number of instruments made under it
Private Patients’ Hospital Charter
Many other charters exist. A number of government agencies have published a client service charter or research charter, for example, and report against it in their annual report. Such charters are normally available on agency websites.
Chief Executive Instructions (CEIs)
Chief Executive Instructions or CEIs are instructions issued by agency heads in compliance with the Financial Management and Accountability Act 1997. CEIs are exempt from publication on ComLaw under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, Item 19), but may be available on request.
Civil Aviation Determinations see determinations
Civil Aviation Directions see directions
class licences and orders
Instruments such as licences and orders are usually issued to a named person or body, but they can also be issued to a class of person or body. You’ll find class licences and orders classified as Licences and Orders respectively.
codes including codes of practice
The Australian Government has given force of law to a number of codes, by including or referring to them in Acts or legislative instruments. These codes include, but are not necessarily restricted to:
Agricultural and Veterinary Chemicals Code - a schedule to the Agricultural and Veterinary Chemicals Code Act 1994
Broadcasting (television and radio) codes - An index of industry codes developed under section 123 of the Broadcasting Services Act 1992
Building Code of Australia
Criminal Code - a schedule to the Criminal Code Act 1995
Franchising Code of Conduct - a schedule to the Trade Practices (Industry Codes - Franchising) Regulations 1998
Online (internet and content service providers) Codes - An index of codes pursuant to the Broadcasting Services Act 1992 and Interactive Gambling Act 2001
Public 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 1997
More 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 Research
Banking, insurance and finance industry codes of practice
Motor Vehicle Insurance and Repair Industry Code of Conduct
Uniform 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 contact us with the details.
ComLaw
ComLaw is the website where you found this page/document and the systems and databases that sit behind it.
More about ComLaw
Commencement
When 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 instruments
Some 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 instruments
Commonwealth Reserved Laws
Following 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 since self-government.
Communications Determinations see determinations
Compilations
A 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 notes 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.
consents
Some consents issued by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a consent is not on ComLaw, it may be available in the gazette or on request subject to privacy considerations.
Legislative instruments classified as consents
Constitution, The
The 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 by the Governor-General (section 61).
court documents
Technically 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 under the 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 AustlII
currency determinations see determinations
current law
When 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.
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declarations
Some declarations made by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a declaration is not on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as declarations
deeds including trust deeds
Some deeds endorsed by the Australian Government 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 deeds
Definitions
When used within a law, headings such as Definitions, Dictionary or Interpretation indicates defined words and phrases. Even if this heading is used, you may still find words and phrases defined in other places within the law.
delegated legislation see secondary legislation
delegations
Almost every Act on ComLaw includes some form of delegation, for example, by permitting regulations to be made on matters of details. Formal instruments of delegation also exist.
Some instruments called delegations are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
However, many other delegations exist and they are generally exempt from registration under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, Item 1). If a delegation is not available on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as delegations
Department (of State)
References within the law to a Department mean the Australian Government department that reports to the relevant Minister or Ministers. This principle is set out in the Acts Interpretation Act 1901 (ss19A(3)). A list of the departments in existence at various times can be found in the Administrative Arrangements Orders.
designations
Some instruments called designations are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a designation is not on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as designations
determinations
Many instruments called determinations are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
Determinations published as legislative instruments on ComLaw include:
Other legislative instruments classified as determinations
Many other determinations have been made over the years. Some historic tax determinations dating back to the early 1990s are available online from the 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 to privacy and other considerations.
Dictionary see Definitions
directions
Some instruments called directions are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. These include Legal Services Directions issued under the Judiciary Act 1903, which apply to all Australian Government departments and agencies.
However, directions are generally exempt from registration under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, various items). If a direction is not available on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as directions: Civil Aviation Directions | Financial Directions | Other Directions
disallowable instruments
Disallowable instruments are instruments that must be tabled and are open to Parliamentary veto (disallowance) for a set period, usually fifteen sitting days.
ComLaw contains thousands of disallowable instruments: all new legislative instruments are subject to disallowance unless they have been granted an exemption.
ComLaw also contains many older disallowable instruments. We have, for example, all regulations made since 1979 and a number of other regulations dating back as the 1920s which are still in force or which have only recently ceased.
Legislative instruments: Currently open to disallowance | Disallowed
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End matter
End matter is ComLaw shorthand for the reference information often included at the end of a law. This may include details of its making as well as notes about amendments and other important information.
enabling legislation
Enabling legislation is any law that enables, authorises or delegates somebody else to make additional laws on relevant details. The most common form of enabling legislation is an Act of Parliament.
Enactment
When used within a law, this heading indicates a statement of the lawmaker’s authority for making a law. If this heading is used, it usually appears after the long title.
Endnotes see notes
exemptions
Many pieces of legislation include or authorise the issuing of exemptions. For example, exemptions from some or all of the Legislative Instruments Act 2003 may be set out in the Act, in regulations made under it or in other Acts of Parliament.
Some (other) instruments of exemption are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If an instrument of exemption is not on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as exemptions
Explanatory material
Explanatory material is our shorthand for documents which are prepared as a law is developed, to explain how and why it is expected to operate. A court may use this and other 'extrinsic' material to interpret what a law means if it is unclear under section 15AB of the Acts Interpretation Act 1901.
ComLaw contains a range of explanatory material including explanatory memorandums, some reading speeches, explanatory statements and some regulatory impact statements. However, ComLaw may not contain all the material that a court may take into account in interpreting a particular law, such as press releases.
Explanatory Memorandums (EMs)
Trying to work out what a Bill does and why it was introduced? An explanatory memorandum or EM is a document that sets out how a Bill is expected to operate, and often goes into the detail of individual provisions. An EM focuses on a Bill as it was when introduced to the Parliament, and will not normally pick up 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.
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Federal Register of Legislative Instruments (FRLI, pronounced "frilly")
Part of ComLaw, FRLI is a database of legislative instruments, their explanatory statements and legislative instrument compilations. It is established under section 20 of the Legislative Instruments Act 2003, and is authoritative for the purposes of legal proceedings.
Financial Determinations (Appropriation) see determinations
Financial Determinations (Other) see determinations
Financial Directions see directions
First reading see Readings (of a Bill)
Fisheries Determinations see determinations
Front matter
Front matter is ComLaw shorthand for the aids to identification and navigation (such as the title page and table of contents) that are often included before the body (text) of a law.
Future law compilation
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.
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Gazettes
Today there are literally hundreds of newspapers and newsletters called gazettes. But when we use the term on ComLaw, we mean the official Commonwealth of Australia Gazette.
A number of specialist gazettes are or have been published by the Australian Government. Some are published more often than others, some have no overlap with ComLaw and some do not contain anything that is not already available on ComLaw. These specialist gazettes currently include:
*Often included with the ASIC gazette
If 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 one of three general purpose gazettes published by the Attorney-General’s Department. These are the:
guides and guidelines
Despite their name, some guides and guidelines have force of law behind them. These are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
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 Audit
Office .
If a guide is not on ComLaw, it may have been gazetted, may be available on the relevant agency website or may be available on request.
Legislative instruments classified as guides and guidelines
gender specific language (GSL)
Gender specific language identifies a person such as a Minister by their sex, using terms such as ‘he’ or ‘she’. If a legislative instrument makes inappropriate 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-General
As the Queen’s representative in Australia, the Governor-General performs a large number of functions under Australia’s Constitution. The Governor-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.
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Health Determinations see determinations
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Index
When used within a law, this heading usually indicates an index that identifies all the places key words and phrases are mentioned in the print version of the law. As indexes are costly to produce and maintain, they tend to be produced only if users need to consult a law frequently in offline settings.
Indian Ocean Territories (IOTs)
The non-self-governing Indian Ocean Territories comprise Christmas Island and the Cocos (Keeling) Islands.
instructions
Many of the Acts on ComLaw include or permit the issuing of instructions. Some instructions issued under the Acts are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
Many other instructions exist, such as Chief Executive Instructions, but instructions are generally exempt from registration under the Legislative Instruments Regulations 2004 (Schedule 1, Part 1, Item # and 19). If an instruction is not available on ComLaw, it may be available in the gazette or on request.
Legislative instruments classified as instructions
international standards see Standards
international treaties see treaties
Interpretation see Definition
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Lawmaker
Lawmaker is ComLaw shorthand for any person or body who is authorised to make a law, including but certainly not restricted to the Australian Parliament. Lawmakers may be referred to rule-makers in the specific context of the Legislative Instruments Act 2003.
legislative instruments (LIs)
Legislative instruments are laws on matters of detail made by a person or body authorised to do so by an Act of the Parliament. They may be called regulations, rules and many other names but their name is not important. What matters is that they have force of law behind them, or they are of public or parliamentary interest.
It is important for rule-makers to identify legislative instruments correctly because, under the Legislative Instruments Act 2003, all legislative instruments must be registered on the Federal Register of Legislative Instruments (FRLI for short), a part of ComLaw, and tabled in the Parliament. Most are also subject to Parliamentary veto (disallowance) and cease automatically (sunset) around 10 years after commencement.
ComLaw contains an authoritative record of every legislative instrument made since 1 January 2005 and every instrument made before then but still in force on 1 January 2008 - literally tens of thousands of documents. Some of these 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-Z
Legislation tables
Legislation tables are tools that were used before the internet to track the history of Acts and important instruments.
Legislation tables relevant to the Australian Government
letters patent
We 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 .
LIA
The 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.
licences
Some licences issued by the Australian Government are classified as 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 licences
Long Title see Title
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making
Making 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.
measures
Some 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 www.budget.gov.au .
Legislative instruments classified as measures
Media releases
Government 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 Australia.gov.au .
Minister
References 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 Act 1901 (ss19A(1))
Misdescribed amendment
Misdescribed 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 notes to relevant compilations until the status of the amendment is resolved.
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Notes
When used within a compilation, this heading indicates that you are now reading a law’s end matter. It will normally include a Table of Acts, Table of Instruments, Amendment history/table of amendments, Endnotes and information on application, saving and transitional provisions.
notices and notifications
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 Notices website
- 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 notifications
numbered (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.
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on request
Many documents produced by the Australian Government are available to the public free of charge, either in print or on agency websites. Other government documents may also be available on request.
For government records that are less than 30 years old, the Freedom of Information Act 1982 (the FOI Act) gives you the right to see many government documents. There are some exceptions, such as Cabinet and classified material. To lodge an FOI request, you must contact the relevant agency in writing - this can be by mail, fax or email - and provide enough information to identify what it is you’re looking for.
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.
If your request is approved, you will generally be provided with an opportunity to inspect the original document(s) at the location it is usually stored in, or with a photocopy or scan of the document(s). Fees may apply, and not all options may be available for all documents depending on their significance and format.
orders
Some orders issued by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
Other orders are not classified as legislative instruments. These include Administrative Arrangements Orders as available on ComLaw and court orders. If you are looking for some other kind of order and it is not on ComLaw, details could be available in the gazette or on request subject to privacy considerations.
ASIC class orders | Civil aviation orders | Maritime orders | Other orders classified as legislative instruments
ordinances
An ordinance is a form of delegated legislation which usually applies only in a certain local area. Some Commonwealth ordinances are classified as legislative instruments, meaning they are published on ComLaw in authoritative form.
When it comes to non-self-governing territories, use our Law by territory view to locate all legislation relevant to a given Territory - this may include ordinances, by-laws, regulations and Acts. It’s important you understand the broader context of what you see.
Law by territory
Other Determinations see determinations
Other Directions see directions
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permissions and permits
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 & permits
plans
Some plans produced by the Australian Government are classified as 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 | Other
Preamble
When 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 instruments
Prerogative instruments are an ancient form of instrument made by the 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 ComLaw
primary legislation
Acts 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.
principles
Despite their name, some statements of principle have force of law behind them and are classified as legislative instruments, meaning they must be published on ComLaw in authoritative form. If a statement of principles is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.
Legislative instruments classified as principles
proclamations
A proclamation is an official announcement. Most Australian Government proclamations are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. If a proclamation is not on ComLaw, details may be available in the gazette or on request.
Legislative instruments classified as proclamations: Commencement of Acts | Other
Prudential Determinations (Banking & Insurance) see determinations
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Reader's Guide
When used within a law, this heading indicates information about how it is organised and is related to other laws. This information is more likely to presented located in a law’s explanatory material.
Reading speeches
As a Bill passes through the Parliament, it is ‘read’ to each House at least three times. The first and third readings usually involve a parliamentary Clerk reading the Bill’s long title. The second reading is the most significant, in that the Member or Senator responsible for introducing the Bill gives a speech about what the Bill will do and why it is important. There may also be some debate, and debate may continue even after the third reading.
ComLaw contains first reading speeches for most if not all Bills introduced since 1996. As with explanatory memorandums, reading speeches relate to the Bill as it was when introduced, and will not normally pick up later changes.
Recall notices
Recall 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 .
recognitions
A 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 recognitions
registered
An 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 see the Legislative Instruments Act 2003.
Regulations
When 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 Regulations in their title, regardless of who they affect. Most Regulations are made under an Act of Parliament and are classified as 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
Royal Assentsee Assent
rule-maker see lawmaker
rules
Some rules issued by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form.
Other rules are not classified as legislative instruments. They include cabling provider rules made under section 421(1) of the Telecommunications Act 1997. If a rule is not on ComLaw, details may be available in the gazette or on request.
Rules classified as legislative instruments: Australian Design Rules | Court and tribunal rules | Other rules
rulings
Some rulings produced by the Australian Government are classified as legislative instruments, meaning they are routinely published on ComLaw in authoritative form. However, other types of rulings are not available on ComLaw:
If you are looking for some other kind of ruling not normally held on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.
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Savings provision
A savings provision allows some or all of a repealed law to remain in force under specific circumstances. When large-scale changes to the law are proposed, savings provisions are sometimes put together into a separate law such as a Savings and Transitional Act. If a law is affected by a savings provision this will usually be noted in the end matter.
SCALEplus
Over time the Australian Government has developed a number of systems for publishing legislation including Scale and ScalePlus (sometimes written SCALEplus). These systems are no longer in use and have been replaced by ComLaw.
schemes
Some schemes created by the Australian Government are classified as legislative instruments, meaning they must be published on ComLaw in authoritative form. If a scheme is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.
Legislative instruments classified as schemes
second reading see Readings (of a Bill)
secondary legislation
Some lawmakers including the Australian Parliament can enable, authorise or delegate somebody else to make additional laws on matters of detail. Where an Act of Parliament is involved, the additional laws it enables may be referred to as secondary, delegated or subordinate legislation and most such legislation is classified as a legislative instrument, meaning it is routinely published on ComLaw in authoritative form.
Select legislative instruments (SLIs)
For many years, selected instruments including regulations and rules of court were routinely printed in pamphlet form under the Statutory Rules Publication Act 1903. Even though this Act ceased in 2005 and all are now available online through the Federal Register of Legislative Instruments, most instruments formerly known as statutory rules are still printed but are now known as Select Legislative Instruments.
Legislative instruments classified as select legislative instruments
Short Title see Title
Social Security Determinations see determinations
specifications
Some specifications issued by the Australian Government are classified as legislative instruments, meaning they must be published on ComLaw in authoritative form. If a specification is not on ComLaw, details may be available in the gazette or on request subject to privacy and other considerations.
Legislative instruments classified as specifications
standards
The Australian Government has given force of law to a number of standards, by including or referring to them in Acts or legislative instruments. These mandatory standards include, but are not necessarily restricted to:
Accounting and Auditing Standards
Consumer Protection Standards (Notices)
Prudential (banking and insurance) Standards
Vehicle Safety Standards (Australian Design Rules)
More standards (other legislative instruments classified as standards)
Many other standards exist but they may not be available on ComLaw if, for example, they are voluntary or they were developed by a body other than the Australian Government. They include, but are certainly not limited to, the following standards:
National Standard for Commercial Vessels - also known as the Uniform Shipping Laws Code - provides standards for the design, construction and operation of domestic commercial vessels.
Telecommunications standards made under section 376 of the Telecommunications Act 1997
Radiocommunications standards made under section 163 of the Radiocommunications Act 1992
Fuel quality standards as notified in the Gazette
Australian Standards
International Standards
statutes
When you hear people refer to 'statutory requirements' or 'the statute book', they are referring to legislation in general. Technically most if not all ComLaw content can be described as a statute. However, for ComLaw purposes, we mean only those legislative instruments that are described as a statute in their enabling legislation and/or title.
Legislative instruments classified as statutes
Statutory Rules
Statutory rules or SRs included all Regulations made under an Act of Parliament, rules of court and certain other instruments required to be printed under the Statutory Rules Publication Act 1903. The Act ceased on 1 January 2005 but most of these instruments are still printed and are now known as Select Legislative Instruments (SLIs).
ComLaw contains the full text of every statutory rule made since 1979, some older statutory rules relevant to the law on or from 1 January 2005, their explanatory statements where available, and legislation tables which summarise the details of all statutory rules made since 1903.
Legislative instruments classified as select legislative instruments
subordinate legislation see secondary legislation
sunsetting
Some laws have an 'expiry date' and they cease after that date if no action is taken. Most legislative instruments will sunset on or after 1 October 2015 under Part 6 of the Legislative Instruments Act 2003.
Superannuation Determinations see determinations
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Table of Acts
When used in the end matter of an Act compilation, this heading indicates a table listing the Principal Act and all the Acts that have been identified as amending the text of the Principal. Details of what has or has not gone into the text will usually be set out in a separate Table of Amendments.
Table of Amendments
When used in the end matter of a compilation, this heading indicates a list of the amendments that have been incorporated into it and details of whether text was added/inserted, amended, repealed, or repealed and substituted. Any unincorporated amendments will normally be listed separately.
Table of Contents
When used within a law, this heading indicates a list of section or equivalent headings. This list is sometimes referred to as a table of provisions.
Table of Instruments
When used in the end matter of a compilation of a Select Legislative Instrument, this heading indicates a table listing the Principal Instrument and all the Select Legislative Instruments that have been identified as amending the text of the Principal. Details of what has or has not gone into the text will usually be set out in a separate Table of Amendments.
Table of Provisions table of content
tabled
When documents are presented to the Australian Parliament for scrutiny, they are said to have been tabled. This term dates back to historic practices, when documents were actually placed on a table in each House of the Parliament. All legislative instruments are required to be tabled shortly after registration
.
Tariff concession orders (TCOs)
Tariff Concession Orders are orders made under the Customs Act 1901 (mainly sections 269SC and 269SD) and related legislation. ComLaw contains thousands of tariff concessions orders dating back to 2005 and in some cases beyond. If an older TCO is not on ComLaw, details may be available in the gazette or on request.
Legislative instruments classified as tariff concession orders
Taxation Determinations see determinations
Third reading see Readings (of a Bill)
Title
When used within a law, this heading usually indicates a law’s official title. If a law has both a Short Title and a Long Title, it’s best to cite it by its short title. For example:
Long title: "An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes".
Short title: Appropriation Act (No. 3) 2009-2010
Transitional provision
A transitional provision spells out the special arrangements that apply when changes to the law are implemented over an extended period. Transitional provisions are sometimes put together into a separate law such as a Savings and Transitional Act. If a law is affected by a transitional provision this will usually be noted in the end matter.
treaties
A treaty is an agreement between countries (sovereign states) and some treaties involving Australia have been given force of law to some by including or referring to them in Acts or legislative instruments. To locate all references to a treaty, you may need to search the full text of all ComLaw content using Advanced Search.
Treaties themselves are not required to be published on ComLaw, but most are available online in some form. For more information about the treaties to which Australia is a party, see the DFAT treaties database hosted by AustLII and the UN website .
trust deeds see deeds
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Unincorporated amendment
A compilation of a law will not normally include amendments that have not yet commenced unless it is a future law compilation, or include any amendments that were misdescribed. A compilation’s webpage and endnotes will normally identify any unincorporated amendments.
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Veterans' Entitlements Determinations see determinations
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warrants see court documents