INTERPRETATION ACT 1984 - SECT 42
INTERPRETATION ACT 1984 - SECT 42
42 . Laying regulations, rules, local laws and by-laws before Parliament, and disallowance
(1) All regulations
shall be laid before each House of Parliament within 6 sitting days of such
House next following publication of the regulations in the Gazette or on the
WA legislation website.
(2) Notwithstanding
any provision in any Act to the contrary, if either House of Parliament passes
a resolution disallowing any regulations of which resolution notice has been
given within 14 sitting days of such House after such regulations have been
laid before it or if any regulations are not laid before both Houses of
Parliament in accordance with subsection (1), such regulations shall thereupon
cease to have effect, but without affecting the validity or curing the
invalidity of anything done or of the omission of anything in the meantime.
(3) Subsection (2)
applies notwithstanding that the period of 14 days referred to in that
subsection, or part of that period, does not occur in the same session of
Parliament or during the same Parliament as that in which the regulations are
laid before the House concerned.
(4) Notwithstanding
any provision in any Act to the contrary, if both Houses of Parliament at any
time pass a resolution originating in either House amending any such
regulations or substituting other regulations for that which has been
disallowed by either House under subsection (2), then on the passing of any
such resolution —
(a)
amending regulations, the regulations so amended shall, after the expiration
of 7 days from the publication in the Gazette or on the WA legislation website
of the notice provided for in subsection (5), take effect as so amended;
(b)
substituting regulations in place of regulations disallowed, the regulations
so substituted shall, after the expiration of 7 days from the publication in
the Gazette or on the WA legislation website of the notice provided for in
subsection (5), take effect in place of that for which the regulations are so
substituted.
(5) When a resolution
has been passed under subsection (2) or (4), notice of such resolution shall
be published in the Gazette or on the WA legislation website within 21 days of
the passing of the resolution.
(6) Notwithstanding
section 37(1), where —
(a)
regulations are disallowed under this section or are not laid before both
Houses of Parliament in accordance with subsection (1); and
(b)
those regulations amended or repealed regulations that were in operation
immediately before the first-mentioned regulations came into operation,
the disallowance or
failure to comply with subsection (1) revives the previous regulations on and
after the day of the disallowance or, in the case of failure to comply with
subsection (1), on and after the day next following the last day for
compliance with subsection (1).
(7) If a written law
empowers or directs the making of regulations by a person other than the
Governor and requires that the regulations be confirmed or approved by the
Governor or by any other person or authority before having the force of law,
subsection (1) does not apply to such regulations unless they have been
confirmed or approved as so required.
(8) In this section
—
(a) a
reference to regulations shall be construed as including a reference to a
regulation or part of a regulation; and
(b)
regulations includes rules, local laws and by-laws.
[Section 42 amended: No. 14 of 1996 s. 4; No. 13
of 2021 s. 55.]