Number: 2025/14
Issue Date: 01/07/2025
Review Date: 30/6/2029
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 or on the Western Australian legislation website. 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 theGovernment Gazette or on the Western Australian legislation website;
- One hard copy (double sided) and one electronic copy of an Explanatory Memorandum, prepared in accordance with this Circular, signed by the Chief Executive Officer (CEO) of the agency and initialledor signed by the responsible Minister;
- 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;
- If the principal subsidiary legislation is not on the WA legislation website (for example if PCO has not drafted the legislation), but Section 42 of the Interpretation Act 1984 applies, the Committee requires an electronic copy of:
- The consolidated principal subsidiary legislation that is amended by the subsidiary legislation, withall 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 Australian 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 of the Government Gazette or on the Western Australian legislation website.
Further information regarding the required content of explanatory memoranda is in Appendix 1. Hard copies ofdocuments, 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 delleg@parliament.wa.gov.au. Each document must be sent by a separate email and clearly identified in thesubject line of each email.
BACKGROUND
The Parliament of Western Australia established the JSCDL to assist with the scrutiny of subsidiary legislationmade 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 timelymanner. 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 or on the Western Australian legislation website.
Roger Cook MLA
PREMIER
Other relevant Circulars: N/A
Circular/s replaced by this Circular: 2023/01
Print this page
