Subsidiary Legislation - Explanatory Memoranda - Premier's Circular 2021/07

Circular
These documents are used to communicate matters of whole of Government policy and issues of strategic importance to the State.

Number: 2021/07
Issue Date: 22/12/2021​
Review Date: 30/06/2025

Policy

The Joint Standing Committee on Delegated Legislation (JSCDL) scrutinises all regulations, by-laws, rules, local laws, major metropolitan region schemes and other subsidiary legislation Government agencies make on behalf of the Parliament of Western Australia.

Section 42 of the Interpretation Act 1984 requires certain subsidiary legislation to be tabled in both Houses of Parliament within six sitting days of its publication in the Government Gazette. To enable the JSCDL to carry out its functions, the agency responsible for administering the subsidiary legislation must provide the following documents within 10 business days of publication date:

  • One hard copy (double sided) and one electronic copy of the subsidiary legislation as published in the Government Gazette
  • One hard copy (double sided) and one electronic copy of the explanatory memorandum,  prepared in accordance with this Circular, signed by the Chief Executive Officer (CEO) of the agency and initialled or signed by the responsible Minister[1]
  • One hard copy (double sided) and one electronic copy of a completed Statutory Procedures Checklist in Appendix 2 format for a region planning scheme or an amendment to it;
  • An electronic copy of an principal subsidiary legislation not on the Western Australian legislation website amended by the subsidiary legislation consolidated with all amendments up to the date immediately before the most recent amendments take effect;
  • Where the Parliamentary Counsel's Office (PCO) has produced a copy of the principal subsidiary legislation marked with the amendments made by the instrument under scrutiny, a link to the 'document compare' on the Western Australia legislation website. 

For subsidiary legislation where notice of a disallowance resolution must be given within fewer than the 14 sitting days provided for in section 42 of the Interpretation Act 1984, the agency must provide this documentation within five business days of publication date. 

Further information regarding the required content of explanatory memoranda is in Appendix 1. Hard copies of documents, along with a covering letter, should be addressed to:

Committee Clerk

Joint Standing Committee on Delegated Legislation

GPO Box A11

PERTH WA 6000

Electronic copies of documents, in either Word or pdf format, must be emailed to the JSCDL (delleg@parliament.wa.gov.au). Each instrument must be sent by a separate email and clearly identified in the subject line of each email.


[1] If Act specifically allows subsidiary legislation to be made by a person or entity other than a Minister or the Governor, the Explanatory Memorandum may be provided directly to the Committee without the Minister’s signature or initials. A copy of information provided to the Committee should be forwarded to the relevant Minister for reference.

BACKGROUND

The Parliament of Western Australia established the JSCDL to assist with the scrutiny of subsidiary legislation made subject to section 42 of the Interpretation Act 1984 or other written laws.

The JSCDL cannot properly fulfil its scrutiny role without timely provision of explanatory material for each item of subsidiary legislation referred to it upon gazettal. Agencies must provide the required material in a timely manner. These requirements are additional to the statutory requirement to table certain subsidiary legislation in both Houses of the WA Parliament within six sitting days of publication in the Government Gazette.


Mark McGowan MLA
PREMIER
 

Other relevant Circulars: N/A
Circular/s replaced by this Circular: 2014/01, 2007/14

Documents

Page reviewed 14 January 2022