Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A provision of
Part 1 of the Code of Practice, whether in the original text or as from
time to time amended, shall not have legislative effect, and shall not be
taken into account in considering any application or in any disciplinary
proceedings under this Act, unless —
(a) the
provision has been promulgated as a proposed Rule, or being a condition is
referred to in a proposed Rule;
(b) that
proposed Rule has been published in the Gazette ; and
(c) that
proposed Rule has, in accordance with subsection (2), been laid before
each House of Parliament, within 6 sitting days of such House next following
that publication and thereafter has come into operation,
unless the regulations
specifically otherwise provide.
(2) A proposed Rule
required by subsection (1) to be laid before each House of
Parliament —
(a)
shall be accompanied by a copy, certified by the Executive Officer as correct,
of the relevant excerpt from any condition, text or requirement (within the
meaning of section 60(4)) approved or adopted, or referred to in or by
the guidelines, for the purposes of that Rule;
(b) may
not be amended, or have its provisions substituted, by resolution of the
House;
(c)
shall be so laid, for 14 sitting days of that House, whether in the same
session or during the same Parliament or otherwise; and
(d)
shall come into operation on a date to be published after the expiry of that
period of 14 sitting days in each House, by notice in the Gazette , unless
subsection (3) otherwise provides.
(3)(a) Where notice of
motion to disallow any proposed Rule is given in either House the proposed
Rule shall not be given effect unless and until —
(i)
the motion has been defeated or the notice or the motion
withdrawn; or
(ii)
if the motion or notice of it has lapsed by prorogation
or dissolution, notice of a motion to disallow the Rule has not been given
within 14 sitting days of the commencement of sitting of Parliament next after
such prorogation or dissolution; or
(iii)
such further motion has been dealt with in accordance
with subparagraphs (i) or (ii);
(b)
Where a resolution disallowing any proposed Rule has been passed by either
House that Rule shall be deemed revoked and shall not be given effect.
(4) Where a resolution
disallowing a proposed Rule has been passed under subsection (3), notice
of that resolution shall be published in the Gazette within 21 days
thereafter.
(5) The Executive
Officer shall —
(a)
ensure that a compiled text of the Code is available from the Council,
together with any relevant excerpt from a text or requirement which is
referred to in the Code but which was not published originally by the Council;
and
(b)
endeavour to ensure that —
(i)
on any Rule coming into operation; and
(ii)
on any change to the guidelines being introduced,
notice is brought to
the attention of licensees likely to be thereby affected,
as soon as is
practicable.