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This is a Bill, not an Act. For current law, see the Acts databases.


LEGISLATION BILL 2018

                    Western Australia


             Legislation Bill 2018

                       Contents

      Part 1 -- Preliminary
1.    Short title                                           2
2.    Commencement                                          2
3.    Object of this Act                                    2
4.    Terms used                                            2
5.    Act binds Crown                                       4
6.    Application of this Act                               4
7.    Relationship with other Acts                          5
      Part 2 -- Publication of legislation
      Division 1 -- Publication responsibilities
8.    Purpose of WA legislation website                     6
9.    WA legislation website                                6
10.   What is published on WA legislation website           6
11.   Versions showing effect of uncommenced
      amendment or modification or law as modified          7
12.   When law published on WA legislation website          7
13.   WA legislation website unavailable                    8
14.   Technical or other requirements for publication on
      WA legislation website                                8
      Division 2 -- Official versions
15.   Official electronic versions                          9
16.   Official hard copy versions                           9
      Division 3 -- Evidentiary matters
17.   Legal status of official versions                     9
18.   Evidence of official versions                        10
19.   Evidence of day of publication of laws               10
20.   Evidence of day of Royal Assent                      10
21.   Judicial notice                                      10


                          78--1                             page i
Legislation Bill 2018



Contents



               Division 4 -- Publication or notification on WA
                     legislation website instead of Gazette
      22.      Requirement or authority to publish or notify in
               Gazette                                              10
               Part 3 -- Editorial changes to
                    legislation
               Division 1 -- Power to make editorial changes
      23.      Parliamentary Counsel authorised to make editorial
               changes                                              12
      24.      Delegation                                           12
               Division 2 -- Editorial changes
      25.      Updating references to law of WA or other
               jurisdictions                                        13
      26.      Things that have been changed or replaced            13
      27.      Deemed amendments                                    14
      28.      References to provision of law                       14
      29.      Clerk's amendment to Act                             14
      30.      Gender                                               15
      31.      Numbers, dates, times, quantities, measurements
               and similar matters                                  15
      32.      Conjunctives and disjunctives                        16
      33.      Order of definitions or items                        16
      34.      Minor errors and inconsistencies                     16
      35.      Obsolete or redundant provisions                     17
      36.      Incorporation of certain provisions contained in
               amending legislation                                 18
      37.      Numbering and renumbering                            18
      38.      Format and printing style changes                    18
      39.      Consequential changes                                18
               Division 3 -- Other matters
      40.      Effect of editorial changes                          18
      41.      Recording of editorial changes                       19
      42.      Annual report to include summary of editorial
               changes                                              19
               Part 4 -- Miscellaneous
      43.      Regulations                                          20
      44.      Review of Act                                        20


page ii
                                              Legislation Bill 2018



                                                          Contents



      Part 5 -- Repeal of Reprints Act 1984
45.   Reprints Act 1984 repealed                             21
46.   Status of reprints under repealed Act                  21
      Part 6 -- Other Acts amended
      Division 1 -- Interpretation Act 1984 amended
47.   Act amended                                            22
48.   Section 5 amended                                      22
49.   Section 10 amended                                     23
50.   Section 19 amended                                     23
51.   Section 23 amended                                     23
52.   Section 24 deleted                                     24
53.   Section 26 amended                                     24
54.   Section 41 amended                                     24
55.   Section 42 amended                                     24
      Division 2 -- Evidence Act 1906 amended
56.   Act amended                                            24
57.   Section 3 amended                                      25
58.   Section 53 amended                                     25
59.   Section 57 amended                                     25
60.   Section 58 amended                                     26
61.   Section 69A amended                                    26
62.   Section 74 amended                                     26
63.   Section 75 amended                                     26
64.   Section 78 amended                                     27
      Defined terms




                                                           page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY


                    Legislation Bill 2018

                               A Bill for


An Act --
•  to provide for public access to Western Australian legislation;
   and
•  to provide for the official status of published versions of Western
   Australian legislation; and
•  to provide for Western Australian legislation to be kept in an
   up-to-date form and consistent with current drafting practice;
   and
•  to repeal the Reprints Act 1984; and
•  for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Legislation Bill 2018
     Part 1            Preliminary

     s. 1



1                             Part 1 -- Preliminary
2    1.         Short title
3               This is the Legislation Act 2018.

4    2.         Commencement
5               This Act comes into operation as follows --
6                (a) Part 1 -- on the day on which this Act receives the
7                      Royal Assent;
8                (b) the rest of the Act -- on a day fixed by proclamation,
9                      and different days may be fixed for different provisions.

10   3.         Object of this Act
11        (1)   The object of this Act is for Western Australian legislation to be
12              easy to find, use and understand.
13        (2)   This object is to be achieved by --
14               (a) providing for Western Australian legislation to be made
15                     publicly available; and
16               (b) giving official status to Western Australian legislation in
17                     both hard copy and electronic form; and
18               (c) conferring power on the Parliamentary Counsel to make
19                     editorial changes so that, in appropriate cases, Western
20                     Australian legislation can be kept up-to-date,
21                     modernised and simplified, and errors can be corrected,
22                     without the need for the changes to be enacted by
23                     Parliament.

24   4.         Terms used
25              In this Act --
26              amend --
27                (a) has the meaning given in the Interpretation Act 1984
28                      section 5; and


     page 2
                                                    Legislation Bill 2018
                                             Preliminary           Part 1

                                                                      s. 4



1     (b)     includes --
2                (i) repeal as defined in that section; and
3               (ii) relocate;
4    current drafting practice means the legislative drafting practice
5    for the time being adopted by PCO;
6    editorial change means a change authorised by Part 3
7    Division 2;
8    Imperial enactment means --
9      (a) an Act of the Parliament of England, or of the
10            Parliament of Great Britain or of the Parliament of the
11            United Kingdom; or
12     (b) an Order in Council, regulation, rule or other legislative
13            instrument made under an Act referred to in
14            paragraph (a);
15   law means the whole or a part of --
16     (a) a written law; or
17     (b) an Imperial enactment that is part of the law of Western
18            Australia because --
19               (i) an Act of Western Australia adopts the Imperial
20                   enactment or the Act under which the Imperial
21                   enactment is made; or
22              (ii) the Imperial enactment applies by paramount
23                   force (that is, it expressly or impliedly applies in
24                   Western Australia); or
25             (iii) the Imperial enactment became part of the law of
26                   Western Australia on 1 June 1829;
27            or
28     (c) a proclamation that brings 1 or more provisions of an
29            Act into operation; or




                                                                  page 3
     Legislation Bill 2018
     Part 1            Preliminary

     s. 5



1                (d)     an instrument made under the Royal prerogative that
2                        applies in Western Australia and has legislative effect;
3              Note for this definition:
4                      The term "written law" is defined in the Interpretation Act 1984
5                      section 5.
6              official version, of a law, means --
7                (a) an electronic version of the law that is an official version
8                       under section 15; or
9                (b) a hard copy version of the law that is an official version
10                      under section 16;
11             PCO means the Parliamentary Counsel's Office of Western
12             Australia;
13             prescribed means prescribed by the regulations;
14             WA legislation website means the website maintained under
15             section 9.

16   5.        Act binds Crown
17             This Act binds the Crown in right of Western Australia and, so
18             far as the legislative power of the Parliament permits, the Crown
19             in all its other capacities.

20   6.        Application of this Act
21             This Act applies to laws (including this Act) whether passed or
22             made before or after this section comes into operation.
23             Note for this section:
24                     Section 10(3) extends the application of this Act to other material if it is
25                     published on the WA legislation website.




     page 4
                                                              Legislation Bill 2018
                                                       Preliminary           Part 1

                                                                                     s. 7



1   7.   Relationship with other Acts
2        This Act is in addition to, and does not limit the operation of,
3        other Acts that contain provisions about the publication or effect
4        of Western Australian legislation.
5        Note for this section:
6               Those other Acts include the Interpretation Act 1984, the Evidence
7               Act 1906 and the Local Government Act 1995 (which contains
8               provisions about local laws).




                                                                              page 5
     Legislation Bill 2018
     Part 2            Publication of legislation
     Division 1        Publication responsibilities
     s. 8



1                    Part 2 -- Publication of legislation
2                    Division 1 -- Publication responsibilities
3    8.          Purpose of WA legislation website
4          (1)   The purpose of the WA legislation website is to provide, in a
5                timely and efficient manner, free public access to accurate,
6                up-to-date and reliable official versions of laws.
7          (2)   The WA legislation website is intended to be a permanent
8                repository of --
9                  (a) laws as originally passed or made; and
10                 (b) updated versions of laws incorporating their
11                       amendments and any editorial changes.

12   9.          WA legislation website
13         (1)   The Parliamentary Counsel must ensure that a website (the
14               WA legislation website) is maintained by, or on behalf of, PCO
15               for the publication of laws.
16         (2)   The uniform resource locator (URL) of the WA legislation
17               website is --
18                (a) ; or
19                (b) any alternative URL prescribed under subsection (3).
20         (3)   If the URL referred to in subsection (2)(a) cannot be used for
21               technical or other reasons, the regulations may prescribe an
22               alternative URL for the WA legislation website.

23   10.         What is published on WA legislation website
24         (1)   The Parliamentary Counsel must publish on the WA legislation
25               website --
26                (a) Acts as originally passed; and
27                (b) Acts in operation with their amendments incorporated;
28                      and


     page 6
                                                                  Legislation Bill 2018
                                             Publication of legislation          Part 2
                                           Publication responsibilities     Division 1
                                                                                   s. 11



1                  (c)   the prescribed subsidiary legislation as originally made;
2                        and
3                 (d)    the prescribed subsidiary legislation with its
4                        amendments incorporated; and
5                  (e)   any other prescribed laws.
6          (2)   The Parliamentary Counsel may publish on the WA legislation
7                website any other material --
8                 (a) that is prescribed; or
9                 (b) that the Parliamentary Counsel considers appropriate for
10                      publication on the website.
11         (3)   If material is published on the WA legislation website under
12               subsection (2), this Act applies in relation to the material as if
13               references to a law were references to the material.

14   11.         Versions showing effect of uncommenced amendment or
15               modification or law as modified
16         (1)   A version of a law published on the WA legislation website may
17               show 1 or more of the following --
18                 (a) the law as it would be amended by an amendment that
19                      has not come into operation;
20                 (b) the law as it would be modified by a modification that
21                      has not come into operation;
22                 (c) the law as it is modified by the law or another law.
23         (2)   A version of a law published under subsection (1) must indicate
24               that it is such a version and whether or not the amendments or
25               modifications shown in it are in operation.

26   12.         When law published on WA legislation website
27         (1)   A law is published on the WA legislation website --
28                (a) if it is made accessible in full on the website; or
29                (b) if notice of its enactment, making or other production is
30                      made accessible on the website and it is made accessible

                                                                                page 7
     Legislation Bill 2018
     Part 2            Publication of legislation
     Division 1        Publication responsibilities
     s. 13



1                       separately in full on the website or in any other
2                       identified location.
3          (2)   The day on which a law is published on the WA legislation
4                website is the day notified in either or both of the following
5                ways --
6                 (a) by showing it on the website;
7                 (b) by showing it in a version of the law published on the
8                       website.
9          (3)   The day notified under subsection (2) must be the day on which
10               the law is first published on the WA legislation website under
11               subsection (1), unless section 13(2)(b) applies.

12   13.         WA legislation website unavailable
13         (1)   If a law cannot for technical or other reasons be published on
14               the WA legislation website at a particular time, the
15               Parliamentary Counsel may publish it in any alternative manner
16               the Parliamentary Counsel considers appropriate.
17         (2)   If a law is published in an alternative manner under
18               subsection (1) --
19                  (a) it must be published on the WA legislation website as
20                       soon as practicable; and
21                 (b) the day notified under section 12(2) must be the day on
22                       which it is first published in the alternative manner.
23         (3)   A law published in an alternative manner under subsection (1)
24               has, in the period before its publication on the WA legislation
25               website, the same status as a law published on the website.

26   14.         Technical or other requirements for publication on
27               WA legislation website
28         (1)   So that a law (other than an Act) can be published easily and
29               efficiently on the WA legislation website, the Parliamentary
30               Counsel may determine requirements that must be met for the
31               law to be accepted for publication.

     page 8
                                                                   Legislation Bill 2018
                                             Publication of legislation           Part 2
                                                      Official versions      Division 2
                                                                                    s. 15



1          (2)   Without limiting subsection (1), the requirements may relate to
2                the following --
3                  (a) how a law must be provided to PCO for publication;
4                  (b) the form in which a law must be provided.
5          (3)   The Parliamentary Counsel must make the requirements
6                publicly available in the manner the Parliamentary Counsel
7                considers appropriate.

8                           Division 2 -- Official versions
9    15.         Official electronic versions
10               An electronic version of a law is an official version if --
11                (a) it is accessed at, or downloaded from, the WA
12                      legislation website in a prescribed format; and
13                (b) either --
14                         (i) it indicates, in a prescribed way, that it is an
15                              official version; or
16                        (ii) the website indicates, in a prescribed way, that
17                              such a version is an official version.

18   16.         Official hard copy versions
19               A hard copy version of a law is an official version if --
20                (a) it indicates, in a prescribed way, that it is an official
21                      version; or
22                (b) it is produced directly from an official version of the
23                      law.

24                       Division 3 -- Evidentiary matters
25   17.         Legal status of official versions
26         (1)   An official version of a law as originally passed or made is
27               taken to correctly set out the text of the law, unless the contrary
28               is proved.


                                                                                 page 9
     Legislation Bill 2018
     Part 2            Publication of legislation
     Division 4        Publication or notification on WA legislation website instead of
                       Gazette
     s. 18


1          (2)   An official version of a law with amendments incorporated as at
2                a stated date is taken to correctly set out the text of the law as at
3                that date, unless the contrary is proved.
4          (3)   An official version of a law is evidence that any changes made
5                in the version under Part 3 are authorised by that Part.

6    18.         Evidence of official versions
7                An electronic or hard copy version of a law that purports to be
8                an official version is taken to be an official version, unless the
9                contrary is proved.

10   19.         Evidence of day of publication of laws
11         (1)   An official version of a law that shows the day of publication of
12               the law is evidence that the law was published on the day
13               shown.
14         (2)   A notification on the WA legislation website of the day of
15               publication of a law is evidence that the law was published on
16               the day notified.

17   20.         Evidence of day of Royal Assent
18               An official version of an Act that shows the day on which the
19               Act received the Royal Assent is evidence that the Act received
20               the Royal Assent on the day shown.

21   21.         Judicial notice
22               All courts and persons acting judicially must take judicial notice
23               of all laws.

24         Division 4 -- Publication or notification on WA legislation
25                        website instead of Gazette
26   22.         Requirement or authority to publish or notify in Gazette
27         (1)   If a written law requires or authorises an instrument to be
28               published in the Gazette, it is sufficient if the instrument is

     page 10
                                                                Legislation Bill 2018
                                           Publication of legislation          Part 2
    Publication or notification on WA legislation website instead of      Division 4
                                                            Gazette
                                                                                 s. 22


1            published on the WA legislation website instead of in the
2            Gazette.
3     (2)    If a written law requires or authorises an instrument to be
4            notified in the Gazette, it is sufficient if the instrument is
5            notified on the WA legislation website instead of in the Gazette.




                                                                             page 11
     Legislation Bill 2018
     Part 3            Editorial changes to legislation
     Division 1        Power to make editorial changes
     s. 23



1                Part 3 -- Editorial changes to legislation
2                 Division 1 -- Power to make editorial changes
3    23.         Parliamentary Counsel authorised to make editorial
4                changes
5          (1)   The Parliamentary Counsel may make an editorial change to a
6                law in producing a version of a law.
7          (2)   A version of a law in which the power conferred by
8                subsection (1) is exercised can be produced, even though the
9                law has not been amended since it was passed or made, or since
10               the previous version of the law was produced.
11         (3)   Subsection (1) does not permit a change to the text of a law if
12               the change would change the effect of the law.
13         (4)   Subsection (3) is subject to section 29(2).

14   24.         Delegation
15         (1)   The Parliamentary Counsel may delegate the power in
16               section 23(1) to another officer of PCO.
17         (2)   A delegation must be in writing signed by the Parliamentary
18               Counsel.
19         (3)   The exercise by an officer of PCO of a power that has been
20               delegated to the officer under this section is taken to be in
21               accordance with the terms of the delegation unless the contrary
22               is shown.




     page 12
                                                                 Legislation Bill 2018
                                      Editorial changes to legislation          Part 3
                                                    Editorial changes      Division 2
                                                                                  s. 25



1                          Division 2 -- Editorial changes
2    25.         Updating references to law of WA or other jurisdictions
3          (1)   In this section --
4                law includes --
5                  (a) a law of the Commonwealth, another State or a
6                         Territory; and
7                  (b) a law of New Zealand.
8          (2)   A reference to a law's short title or other mode of citation that
9                has been changed can be replaced with the title or mode of
10               citation as changed.
11         (3)   A reference to a law, or to a provision of a law, that is to be
12               read, or to be taken to be amended to read, as a reference to
13               another law or provision can be changed to a reference to the
14               other law or provision.
15         (4)   A reference to a law, or to a provision of a law, that has been
16               replaced can be changed to a reference to the replacement law
17               or provision.

18   26.         Things that have been changed or replaced
19         (1)   A reference to a name or title of a body, office, person, place,
20               locality or other thing that has been changed can be replaced
21               with the name or title as changed.
22         (2)   A reference to a body, office, person, place, locality or other
23               thing that has been replaced by another body, office, person,
24               place, locality or thing can be changed to a reference to the
25               replacement body, office, person, place, locality or thing.
26         (3)   A reference to contact details (for example, an address,
27               telephone number, email address or website address) can be
28               changed to reflect changes to those details.




                                                                              page 13
     Legislation Bill 2018
     Part 3            Editorial changes to legislation
     Division 2        Editorial changes
     s. 27



1    27.         Deemed amendments
2                A law can be changed to give effect to a provision of another
3                law that provides that other laws are to be taken to be amended,
4                or to have effect or be construed as if they had been amended, in
5                a specified way.

6    28.         References to provision of law
7          (1)   The way in which a provision of a law is referred to can be
8                changed so that it is consistent with current drafting practice.
9                Examples for this subsection:
10               1.     A reference to "Division 5 of Part 2" can be changed to "Part 2
11                      Division 5".
12               2.     A reference to "subparagraph (a), (b) or (c) of subsection (1) of
13                      section 4" can be changed to "section 4(1)(a), (b) or (c)".

14         (2)   Without limiting subsection (1), referential words can be
15               omitted.
16         (3)   In subsection (2) --
17               referential words means words that identify the whole or part of
18               a provision (including a schedule) as a provision, or as part of a
19               provision, of the law in which they appear.
20               Examples for this definition:
21                      "of this Act", "by this Act", "of this regulation", "the said", "hereof "
22                      "before-mentioned".

23   29.         Clerk's amendment to Act
24         (1)   This section applies if the Clerk of the Parliaments issues a
25               certificate to the Parliamentary Counsel identifying an
26               amendment of a reference in a provision of an Act to another
27               provision of the Act that --
28                 (a) is an amendment that should have been made as a
29                        clerical amendment before the Act received the Royal
30                        Assent in consequence of other amendments made to the
31                        Act during its passage through Parliament as a Bill; and



     page 14
                                                                          Legislation Bill 2018
                                               Editorial changes to legislation          Part 3
                                                             Editorial changes      Division 2
                                                                                           s. 30



1                     (b)     is necessary in order to enable the Act to have the
2                             operation and meaning that Parliament intended it to
3                             have.
4          (2)   A provision of an Act can be amended as identified in a
5                certificate issued under subsection (1) even if the amendment
6                changes the effect of the Act.

7    30.         Gender
8                Language that indicates or could be taken to indicate a
9                particular gender can be expressed in a different way (whether
10               gender-neutral or gender-free) so that it is consistent with
11               current drafting practice.
12               Examples for this section:
13               1.         The words "he" or "she" or "he or she" can be replaced with the
14                          relevant noun.
15               2.         The words "his" or "her" or "his or her" can be changed to "their".
16               3.         The word "fireman" can be changed to "firefighter".
17               4.         The words "Her Majesty the Queen" can be changed to "the
18                          Sovereign" or "the Crown".

19   31.         Numbers, dates, times, quantities, measurements and
20               similar matters
21         (1)   Changes can be made to the way numbers, dates, times,
22               quantities, measurements and similar matters, ideas or concepts
23               are referred to or expressed in a law so as to be consistent with
24               current drafting practice.
25               Examples for this subsection:
26               1.         For words that designate a sum of money, figures and the appropriate
27                          symbol can be substituted.
28               2.         A reference in a form to "this [blank] day of [blank] 19.." can be
29                          changed to [date].
30               3.         "Per centum" can be changed to "%".

31         (2)   Figures that designate a year of the 20th century for the purposes
32               of a formality (for example, as part of the date of completing a



                                                                                             page 15
     Legislation Bill 2018
     Part 3            Editorial changes to legislation
     Division 2        Editorial changes
     s. 32



1                form) can be replaced with figures that designate a year of the
2                21st century for those purposes.

3    32.         Conjunctives and disjunctives
4                Conjunctives and disjunctives can be inserted, omitted or
5                changed so as to be consistent with current drafting practice.
6                Example for this section:
 7                     If "and" appears at the end only of the second to last paragraph in a
 8                     series of 4 paragraphs and the context indicates that "and" can be
 9                     implied at the end of each of the earlier paragraphs in the series, then
10                     "and" can be inserted at the end of those paragraphs.

11   33.         Order of definitions or items
12               A law can be changed so as to be consistent with current
13               drafting practice by --
14                 (a) changing the sequence in which definitions are listed; or
15                 (b) changing the order in which items appear in a list,
16                       schedule, table or similar arrangement.

17   34.         Minor errors and inconsistencies
18         (1)   In this section --
19               minor error means any of the following --
20                 (a) a typographical or clerical error;
21                 (b) a grammatical error;
22                 (c) a spelling error;
23                 (d) a punctuation error;
24                 (e) an error in the use of conjunctives or disjunctives;
25                  (f) a cross-referencing or numbering error;
26                 (g) an error in alphabetical, numerical or alphanumerical
27                        ordering;
28                 (h) an error in a reference to a law or a provision of a law;




     page 16
                                                                 Legislation Bill 2018
                                      Editorial changes to legislation          Part 3
                                                    Editorial changes      Division 2
                                                                                  s. 35



1                  (i)   an error in or arising out of an amendment to a law,
2                        including an error relating to the number of times an
3                        amendment is expressed to be made;
4                  (j)   an error of a similar nature to those mentioned in
5                        paragraphs (a) to (i).
6          (2)   A law can be changed so as to correct a minor error in the law.
7          (3)   Grammar or spelling can be changed so as to be consistent with
8                current drafting practice.
9          (4)   Punctuation can be changed or omitted so as to be consistent
10               with current drafting practice.

11   35.         Obsolete or redundant provisions
12               The following can be omitted from a law --
13                (a) a provision that has expired or is spent or has had its
14                       effect;
15                (b) a repealing provision, including any list of repealed
16                       laws;
17                (c) words of enactment;
18                (d) words of attestation or authentication of its making;
19                (e) any signature of the maker of the law;
20                 (f) a provision as to the commencement of the law;
21                (g) a provision that consists only of a statement showing the
22                       manner in which a law is arranged into Parts or other
23                       divisions;
24                (h) a transitional, savings, validation or other similar
25                       provision that applies only to a time or event that has
26                       passed;
27                 (i) a provision that is obsolete or redundant because of the
28                       making, operation or effect of a law.




                                                                              page 17
     Legislation Bill 2018
     Part 3            Editorial changes to legislation
     Division 3        Other matters
     s. 36



1    36.         Incorporation of certain provisions contained in amending
2                legislation
3                A transitional, savings, validation or other similar provision that
4                is contained in an amending law can be incorporated as a
5                provision of the law to which it relates.

6    37.         Numbering and renumbering
7          (1)   A provision of a law can be numbered or renumbered in a way
8                that is consistent with current drafting practice.
9          (2)   If a provision of a law is numbered or renumbered (including
10               under section 39), a reference in the law or another law to the
11               provision is a reference to the provision as numbered or
12               renumbered.

13   38.         Format and printing style changes
14               The format and printing style of a law can be changed so as to
15               be consistent with current drafting practice.
16               Examples for this section:
17                     Changes can be made to the setting out of provisions, the placement
18                     of conjunctives and disjunctives and the use of capital letters,
19                     punctuation, hyphens, italics, bolding and quotation marks.

20   39.         Consequential changes
21               A change can be made to a law that is consequential on any
22               other editorial change made to the law or to another law.

23                             Division 3 -- Other matters
24   40.         Effect of editorial changes
25               If an editorial change is made to a law, the law has effect as if
26               the change had been made by another law that amended the law
27               and commenced on the day on which the change is made.




     page 18
                                                                Legislation Bill 2018
                                     Editorial changes to legislation          Part 3
                                                     Other matters        Division 3
                                                                                 s. 41



1    41.         Recording of editorial changes
2          (1)   If an editorial change is made to a law, the Parliamentary
3                Counsel must ensure that the change is indicated in a suitable
4                way.
5          (2)   Without limiting subsection (1), an editorial change can be
6                indicated as follows --
7                  (a) by providing a comparison, or the facility to create a
8                        comparison, between versions of a law;
9                  (b) by including, in the law in which the change is made, an
10                       indication of the change.

11   42.         Annual report to include summary of editorial changes
12         (1)   In this section --
13               Department means the department of the Public Service
14               principally assisting in the administration of this Act.
15         (2)   The annual report submitted by the accountable authority of the
16               Department under the Financial Management Act 2006 Part 5
17               must include a summary of editorial changes made to laws in
18               the financial year to which the report relates.




                                                                             page 19
     Legislation Bill 2018
     Part 4            Miscellaneous

     s. 43



1                            Part 4 -- Miscellaneous
2    43.         Regulations
3                The Governor may make regulations prescribing all matters that
4                are required or permitted by this Act to be prescribed, or are
5                necessary or convenient to be prescribed for giving effect to the
6                purposes of this Act.

7    44.         Review of Act
8          (1)   The Minister must carry out a review of the operation and
9                effectiveness of this Act as soon as practicable after the period
10               of 5 years beginning on the day on which this section comes
11               into operation.
12         (2)   The Minister must --
13                (a) prepare a report based on the review; and
14                (b) as soon as practicable after the report is prepared, cause
15                     it to be laid before each House of Parliament.




     page 20
                                                       Legislation Bill 2018
                                Repeal of Reprints Act 1984           Part 5

                                                                       s. 45



1            Part 5 -- Repeal of Reprints Act 1984
2   45.   Reprints Act 1984 repealed
3         The Reprints Act 1984 is repealed.

4   46.   Status of reprints under repealed Act
5         A reprint of a written law under the Act repealed by section 45
6         is taken to be an official version of the written law for the
7         purposes of Part 2 Division 3.




                                                                   page 21
     Legislation Bill 2018
     Part 6            Other Acts amended
     Division 1        Interpretation Act 1984 amended
     s. 47



1                       Part 6 -- Other Acts amended
2                 Division 1 -- Interpretation Act 1984 amended
3    47.         Act amended
4                This Division amends the Interpretation Act 1984.

5    48.         Section 5 amended
6          (1)   In section 5 delete the definitions of:
7                Gazette or Government Gazette
8                Government Printer
9          (2)   In section 5 insert in alphabetical order:
10

11                     Gazette or Government Gazette means the government
12                     gazette of Western Australia (or a supplement to that
13                     gazette) --
14                       (a) published, or purporting to be published, under
15                             the authority of the Government --
16                                (i) in hard copy form; or
17                               (ii) in electronic form (whether or not
18                                     originally published in hard copy form);
19                             and
20                       (b) whether published, or purporting to be
21                             published, before or after the commencement of
22                             the Legislation Act 2018 section 48(2);
23                     Government Printer means a person authorised by or
24                     on behalf of the Government to publish, in hard copy
25                     or electronic form, any written law or any other
26                     instrument of the Government;
27                     WA legislation website has the meaning given in the
28                     Legislation Act 2018 section 4;
29




     page 22
                                                               Legislation Bill 2018
                                                 Other Acts amended           Part 6
                                    Interpretation Act 1984 amended      Division 1
                                                                                s. 49



1          (3)   In section 5 in the definition of proclamation delete "Gazette;"
2                and insert:
3

4                Gazette or on the WA legislation website;
5


6    49.         Section 10 amended
7                Delete section 10(a) and insert:
8

9                        (a)   words that indicate or could be taken to indicate
10                             a person of a particular gender or sex (for
11                             example, he, she, chairman, workman)
12                             include --
13                                (i) any individual, regardless of gender or
14                                    sex; and
15                               (ii) any person that is not an individual;
16


17   50.         Section 19 amended
18               Delete section 19(2)(a) and insert:
19

20                       (a)   all matters not forming part of the written law
21                             that are set out in an official version of the law
22                             under the Legislation Act 2018; and
23


24   51.         Section 23 amended
25               In section 23(a) delete "Gazette; or" and insert:
26

27               Gazette or on the WA legislation website; or
28




                                                                             page 23
     Legislation Bill 2018
     Part 6            Other Acts amended
     Division 2        Evidence Act 1906 amended
     s. 52



1    52.         Section 24 deleted
2                Delete section 24.

3    53.         Section 26 amended
4                Delete section 26(3) and (4) and insert:
5

6                (3)    The citation of or reference to a written law is in all
7                       cases to be made in accordance with an official version
8                       of the law under the Legislation Act 2018.
9


10   54.         Section 41 amended
11               Delete section 41(1)(a) and insert:
12

13                        (a)   be published in the Gazette or on the
14                              WA legislation website; and
15


16   55.         Section 42 amended
17         (1)   In section 42(1) delete "Gazette." and insert:
18

19               Gazette or on the WA legislation website.
20

21         (2)   In section 42(4)(a) and (b) and (5) after "Gazette" insert:
22

23               or on the WA legislation website
24


25                     Division 2 -- Evidence Act 1906 amended
26   56.         Act amended
27               This Division amends the Evidence Act 1906.


     page 24
                                                        Legislation Bill 2018
                                          Other Acts amended           Part 6
                                   Evidence Act 1906 amended      Division 2
                                                                         s. 57



1    57.   Section 3 amended
2          In section 3 in the definition of Government Printer:
3            (a) after "printing" insert:
4

5                  or publishing
6

7           (b)    delete "printer purporting to be the printer authorised to
8                  print" and insert:
9

10                 person purporting to be authorised to print or publish
11


12   58.   Section 53 amended
13         In section 53(2):
14           (a) delete "paper" and insert:
15

16                 document (whether in printed or electronic form)
17

18          (b)    after "printed" insert:
19

20                 or published
21


22   59.   Section 57 amended
23         In section 57(1)(b) after "printed" insert:
24

25         or published
26




                                                                      page 25
     Legislation Bill 2018
     Part 6            Other Acts amended
     Division 2        Evidence Act 1906 amended
     s. 60



1    60.       Section 58 amended
2              In section 58(1)(b) after "printed" insert:
3

4              or published
5


6    61.       Section 69A amended
7              In section 69A:
8                (a) in paragraph (c) after "printed" insert:
9

10                     or published
11

12              (b)    delete "or printed," and insert:
13

14                     printed, published,
15


16   62.       Section 74 amended
17             In section 74 delete "paper" (each occurrence) and insert:
18

19             document
20


21   63.       Section 75 amended
22             In section 75:
23               (a) delete "paper purporting to be printed" and insert:
24

25                     document purporting to be printed or published
26




     page 26
                                                      Legislation Bill 2018
                                        Other Acts amended           Part 6
                                 Evidence Act 1906 amended      Division 2
                                                                       s. 64



1           (b)   delete "paper was printed" and insert:
2

3                 document was printed or published
4


5    64.   Section 78 amended
6          In section 78:
7            (a) delete "printed paper" and insert:
8

9                 document
10

11          (b)   after "printed" (2nd occurrence) insert:
12

13                or published
14

15          (c)   in paragraph (a) delete "printed in such paper" and
16                insert:
17

18                set out in the document
19

20          (d)   in paragraph (b) delete "by such paper" and insert:
21

22                from the document
23


24




                                                                   page 27
Legislation Bill 2018


Defined terms



                                              Defined terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined term                                                                                              Provision(s)
      amend .................................................................................................................... 4
      current drafting practice ........................................................................................ 4
      Department .................................................................................................... 42(1)
      editorial change ..................................................................................................... 4
      Imperial enactment ............................................................................................... 4
      law ............................................................................................................. 4, 25(1)
      minor error ..................................................................................................... 34(1)
      official version ...................................................................................................... 4
      PCO ...................................................................................................................... 4
      prescribed.............................................................................................................. 4
      referential words ............................................................................................ 28(3)
      WA legislation website ................................................................................ 4, 9(1)




page 28

 


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