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Subsidiary Legislation - Explanatory Memoranda

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​Issue Date:15/02/2014
​Review Date:15/02/2017

Download: Subsidiary Legislation - Explanatory Memoranda 

TITLE

Subsidiary Legislation - Explanatory Memoranda

POLICY

The Joint Standing Committee on Delegated Legislation (JSCDL) scrutinises all regulations, by-laws, rules, local laws, major metropolitan region schemes and other subsidiary legislation made by government departments and agencies on behalf of the Parliament of Western Australia.

 The JSCDL requires the following documents within 10 working days of the subsidiary legislation being published in the Government Gazette -

  • One hard copy (double sided) and one electronic copy of the subsidiary legislation as published in the Government Gazette

  • One hard copy (double sided) and one electronic copy of the explanatory memorandum, addressed to the JSDCL signed by the CEO and initialled or signed by the relevant Minister1

  • An electronic copy of the principal subsidiary legislation consolidated with all amendments up to the date immediately before the most recent amendments take effect

  • An electronic copy of any new material called up (adopted) into regulations, including Australian / New Zealand Standards or other relevant external documents

 

Hard copies of documents, along with a covering letter, should be addressed to:

Committee Clerk
Joint Standing Committee on Delegated Legislation
GPO Box A11
PERTH WA 6000

Electronic copies of documents, in either Word or pdf format, must be emailed to the JSCDL (delleg@parliament.wa.gov.au). Each instrument must be sent by a separate email and clearly identified in the subject line of each email.
___________________________________

1 In the event that an Act specifically allows an instrument to be created by a person or entity other than the Minister, relevant information may be provided directly to the Committee and without the Minister's initials.  A copy of information provided to the Committee should be forwarded to the Minister for reference.

BACKGROUND

The JSCDL is established by the Parliament of Western Australia to assist with the scrutiny of subsidiary legislation made subject to section 42 of the Interpretation Act 1984 or other written laws 

The JSCDL cannot properly fulfil its scrutiny role without timely provision of explanatory material for each instrument referred to it upon gazettal.  Departments and agencies must be mindful of providing the required material in a timely manner.

Further information regarding the required content of explanatory memoranda is provided in the attached outline.

     

    Colin Barnett MLA
    PREMIER

     

     For enquiries contact JSCDL Committee  - (08) 9222 7300
     Other relevant Circulars  Nil
     Circular/s replaced by this Circular 2007/14

     

     

    ATTACHMENT 1 - EXPLANATORY MEMORANDUM REQUIREMENTS

    Ministers must ensure the JSCDL receives, within 10 working days of the subsidiary legislation being published in the Government Gazette, the explanatory memorandum signed by the Chief Executive Officer of the Department or Agency and initialled or signed by the responsible Minister.  In the event an Act specifically allows an instrument to be created by a person or entity other than the Minister, the explanatory memorandum must be signed by that person or the senior officer of that entity.  A copy of information provided to the Committee should be forwarded to the Minister for reference.

     

    AN EXPLANATORY MEMORANDUM MUST CONTAIN THE FOLLOWING -

    Title of the subsidiary legislation

    Date of publication of the instrument in the Government Gazette

    Express power(s) in the relevant Act that provides authority to make the subsidiary legislation

    Description of the purpose and effect of, and justification for, the subsidiary legislation (or any amendments to or repeals of it)

    Identification of any unusual or controversial provisions, with particular regard to the JSCDL's terms of reference (see http://www.parliament.wa.gov.au)

    Details of consultations undertaken including stakeholders consulted, a summary of their comments and any action taken in response

    Preliminary Impact Assessment lodged with the Department of Finance's Regulatory Gatekeeping Unit (if applicable)

    Rationale for changes in fees (including fee caps), charges and penalties, and details of the amount of the fee, charge or penalty immediately prior to the change (if applicable). This information should be summarised in table form, as shown -

    Type of fee charged / fee cap imposed

    Date last amended

    (Increase or Decrease)

    Old fee / fee cap ($)

    New fee / fee cap ($)

    Increase /
    Decrease

    (%)

    Increase / decrease

    ($)

    % of cost recovery achieved

    Cross subsidisation

     

    (Yes / No)

    Grant or renewal of fishing boat licence for

     

     

     

     

     

     

     

    ·    A boat less than 6.5 metres long

    10.09.11

    (decrease)

    550.00

    85.00

    -84.55

    465

    25

    No

    ·    A boat 6.5 metres or longer

    10.09.11

    (Increase)

    550.00

    600.00

    9.09

    50

    100

    No

    • Costing systems used to set the fee cap or used to achieve cost recovery (if applicable)2
    • Any justifications for cross subsidisation, if applicable
    • Contact details of relevant officers who may be contacted regarding the subsidiary legislation

    Agencies must ensure the Explanatory Memorandum includes the printed names and signatures (or initial) of the responsible Minister and relevant Chief Executive Officer.

     

    Colin Barnett MLA
    PREMIER


     

     


    2 See Office of the Auditor General, Second Public Sector Performance Report 2010, Report 12, November 2010, page 7.

     

    Acknowledgement of Country

    The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.