Subsidiary legislation in force

Current and historical consolidated versions of subsidiary legislation in force in Western Australia.
Consolidated versions incorporate amendments to subsidiary legislation.
Provisions not yet in force: see below

This website:

Contains

⚫Regulations

⚫Rules

⚫Selected legislative instruments of Western Australia

(includes previous versions (where available)).

Does not contain

⚫local laws made by, or on behalf of, local governments

⚫town planning schemes

⚫proclamations, orders in council, notices, resolutions or other instruments which are of limited or temporary operation or application, or not considered to be of general interest.

Provisions not yet in force

There has been a change to the way uncommenced provisions (including uncommenced amendments) in WA legislation are shown on this website. The changes have been made in response to feedback that the way uncommenced amendments have been shown may not make it clear enough that the amendments have not in fact commenced.

Principal legislation with uncommenced provisions

In the case of principal legislation, past practice was to indicate in the body of the legislation that certain provisions have not come into operation, and include in a note to the legislation the text of the uncommenced provisions. The text of the uncommenced provisions is no longer included in a note. Instead an “Uncommenced provisions table” is included that lists the uncommenced provisions and where they can be viewed. In the case of subsidiary legislation, to see the text of the uncommenced provisions, the user simply needs to look at the “as made” version of the subsidiary legislation on this website.

Principal legislation with uncommenced amendments

In the case of principal legislation where amendments have yet to commence, past practice was to include a table listing the amending legislation (or the provisions of the amending legislation) that have yet to commence, and also include in a note to the legislation the text of the amending provisions. The text of uncommenced amendments is no longer included in a note. Instead, an “Uncommenced provisions table” is included that lists the uncommenced amendments. To see the text of the uncommenced amendments, the user simply needs to look at the “as made” version of the amending subsidiary legislation on this website.

New numbering and referencing regime for certain instruments published in Gazette

A new numbering regime for various instruments (principally subsidiary legislation and some related instruments) published in the Gazette was introduced on 1 January 2020. This affects how these instruments are referenced in legislation.

+-Previous identifiers

Prior to 2020, subsidiary legislation and related instruments published in the Gazette were not 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 was previously referenced in WA legislation other than by its title, it was referenced by the date of the Gazette in which it was 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 was referenced as “Gazette 31 May 2019 p. 1757-8”.

+-Changes in 2020

From the start of 2020, subsidiary legislation and some related instruments published in the Gazette are 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 was introduced to simplify the way in which these instruments are referenced, and to ensure that each instrument is uniquely identifiable.

+-Referencing

The principal effect of this change is to the way in which Compilation Tables and endnotes in consolidated versions of WA legislation refer to subsidiary legislation and related instruments. 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.

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: