Compilations of Regulations

Compilations of Regulations in the Western Australian Legislation database, like Compilations of Acts, have notes listing historical amendments inserted under each provision. Like Acts, they also include a Compilation Table at the end of the document, under Notes, which lists all historical amendments to the Regulation.

“As Made” Subsidiary Legislation: Western Australian Government Gazette

New (As made) Regulations, both original and amending, are published in the Western Australian Government Gazette.

Regulations first appear in the WA Government Gazette. Before publication they are tabled in Parliament and reviewed by a Parliamentary Committee. Timeliness is important so this process is much quicker than that required for Statutes.

Locate a New or Amending Regulation in the Gazette

In order to do this, first you will need to find the date of publication.

1. Go to the online compilation of the Regulation.
    
2. Browse to the Compilation Table under Notes at the end of the Regulation. The date of publication and page number in the Gazette, as well as commencement information, are provided here.
    
3. Alternatively, use the tables for Subsidiary Legislation, under Legislation Information. This listing is an amalgamation of all Compilation Tables for all WA Regulations.
    
4. Now that you have the date and page number you can locate the Gazette. Go to State Law Publisher > Government Gazette > All Gazettes - Date Order, and browse to the regulation.

Please Note: The electronic consolidated version available on WA Legislation is not an official version of the written laws of Western Australia. Official versions (hardcopy) are available only from the State Publisher. 

When a Regulation or Rule has been made, it doesn’t necessarily mean it is in force. It is very important to know when new Regulations or, amendments to existing Regulations, are operational as the change does not become Law until this date. When checking for commencement information, remember that some provisions in a Regulation may come into operation before others.

Commencement dates are not published in the WA Government Gazette. If a new Regulation or Amending Regulation is issued without a commencement date, refer to the Interpretation Act 1984 (WA). This Act specifies that Subsidiary Legislation comes into operation on the day of publication in the Gazette or on another day that is specified.

Some jurisdictions, like Queensland, have what is known as a sunset clause – the Regulation is in effect for a specified time and will then expire. This is why you may not be able to find it under Delegated Legislation in force.

If you go to the Legislation Information section > Subsidiary Legislation link on Western Australian Legislation, you will find commencement information in the right-hand column beside each Regulation listed in the Table. The same information is listed in the Compilation Table at the end of the online consolidation.

Like Statutes, WA Subsidiary Legislation is not static. It is published and then periodically amended. Updating is the process of locating the most recent and up-to-date version of a Regulation or Rule. This is particularly important for WA Regulations. It may also be necessary to update a Regulation or Rule to a particular point-in-time. This is the kind of task you may be required to perform when working as a Clerk in a law firm. You can update Subsidiary Legislation using the Notes at the end of the Compilation.

Steps for updating Subsidiary Legislation:

1. Locate the online Compilation of the Subsidiary Legislation that has been made under an Act.

2. Locate the Compilation Table at the end of the Subsidiary Legislation.

3. Locate the latest Reprint listed in the history of amendments.

4. Check if there have been any amendments since the last Reprint in the online compilation.

5. Check if recent amendments are in force and have commenced.

• If you are updating only one provision, then you need to determine which amendments apply to that provision

• For point-in-time updating check for reprints and amendments occurring before the required date

You can also update it using the shortcut below:
Western Australian Legislation database > Legislation Information > Subsidiary Legislation