A new numbering regime for various instruments (principally subsidiary legislation and some related instruments) published in the Gazette is to be introduced on 1 January 2020. This will also affect how these instruments are referenced in legislation.
New numbering and referencing regime for certain instruments published in Gazette
Subsidiary legislation and related instruments published in the Gazette are not currently allocated a unique identifier. This contrasts with Acts, which are allocated an Act number. For example, the Interpretation Act 1984 is Act No. 12 of 1984. Where an item of subsidiary legislation is currently referenced in WA legislation other than by its title, it is referenced by the date of the Gazette in which it is published, and the relevant pages of that Gazette. For example, an item published in the Gazette of 31 May 2019 at pages 1757 to 1758 would be referenced as “Gazette 31 May 2019 p. 1757-8”.
From the start of 2020, subsidiary legislation and some related instruments published in the Gazette will be allocated a unique identifier, in the format “SL 2020/1”. The identifier will appear in the Gazette as set out in the example below. Where an instrument needs to be referenced in WA legislation other than by its title, it will be referenced using this unique identifier.
This change is being introduced to simplify the way in which these instruments are referenced, and to ensure that each instrument is uniquely identifiable. Because more than 1 instrument, or part of an instrument, can appear on the same page in the Gazette, references to page numbers do not always ensure unique identification. It will also bring WA into line with the way in which comparable Australian jurisdictions identify subsidiary legislation and related instruments. And if the Legislation Bill 2018 is enacted, it will enable the unique identification and simple referencing of subsidiary legislation and related instruments published on the WA legislation website, since it will not be possible to use a Gazette reference.
The principal effect of this change will be to the way in which Compilation Tables and endnotes in consolidated versions of WA legislation refer to subsidiary legislation and related instruments.
Compilation Tables relate to whole enactments, and set out such details as the commencement of the enactment, and the enactments (including commencement information) that have amended the enactment. Here is part of the Compilation Table for the Dog Act 1976:
The Gazette references appearing in this Compilation Table refer to proclamations commencing the principal Act and a particular amendment. The new numbering regime will apply to proclamations of this kind, and they will be referred to in the new format in future.
Here is the compilation table for the Jetties Regulations 1940. If the Jetties Amendment Regulations 2020 are published in the Gazette on 1 January 2020, they will be given the reference “SL 2020/1” and included as highlighted in the compilation table as follows:
Endnotes relate to particular provisions of an enactment, and set out the history of a provision, including amendments made by other enactments. Here is Dog Regulations 2013 regulation 28 with its endnote:
The Gazette reference appearing in this endnote refers to regulations that amend these regulations. The new numbering regime will apply to amending regulations, and they will be referred to in the new format in future. The following example shows an endnote with an amendment referred to in the new format: