Drafting: The process for making subsidiary legislation?

A proposal for making subsidiary legislation could come from a Minister, or from a department or agency and approved by its Minister. The legislation is generally drafted by PCO according to instructions from the relevant department or agency.

If the subsidiary legislation is to be "made by the Governor", this occurs at an Executive Council meeting. If it is to be "made by the Minister" or other person/body, the final draft will be signed by that Minister/other body. It is then published in the WA Government Gazette and will commence at the date of publication in the Gazette or at a specified date.

After gazettal, subsidiary legislation is tabled in Parliament for consideration by a committee. If Parliament disallow the legislation, a notice to that effect is published in the gazette.

Process for Drafting and Making Subsidiary Legislation.xls

Government of Western Australia
Department of the Premier and Cabinet. State Law Publisher.
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