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Report Details


Committee Name:

Delegated Legislation Joint Committee (1987 - 2001)

House:

Joint
Report Type:Report

Title:

A Guide to "Local Laws" under the Local Government Act 1995 as "Subsidiary Legislation" under the Interpretation Act 1984
No of Pages:42
Physical Location:Legislative Council Committee Office

Presentation Date:

09/17/1996


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1. This document is a guide to Parliamentary scrutiny of local laws made under the Local Government Act 1995.

2. Local governments are created under legislation made by Parliament.

3. Local laws are legislation made by local governments under a delegation of power from Parliament. They are therefore subject to Parliamentary scrutiny.

4. Local laws are also subsidiary legislation under the Interpretation Act 1984. This means that local governments must follow certain procedures after making local laws.

5. Parliament may disallow local laws in certain circumstances. If Parliament disallows local laws, they will be of no force or effect.

6. In making local laws, local governments must comply with the procedures made by Parliament to enable it to scrutinise local laws. These procedures are in addition to the requirements for making local laws set out in the Local Government Act 1995.

7. When a local government has made a local law, it must publish the local law in the Western Australian Government Gazette.

8. Within 6 Parliamentary sitting days (days on which Parliament actually sits), local laws must be tabled in Parliament. This usually will be done by Parliamentary Counsel.

9. Immediately after local laws are Gazetted, local governments must send 10 copies of them, and of an explanatory memorandum (EM) in respect of them, to the Joint Standing Committee on Delegated Legislation. After tabling, this is the most important procedural requirement made by Parliament in respect of the scrutiny of local laws.

10. The Committee scrutinises local laws on behalf of the Parliament.

11. Local governments must comply with requests for information made by the Committee.

12. A flowchart setting out a typical process of the making of a local law is attached as Appendix 1B. This is a simple diagram setting out the anticipated process for making most local laws.

13. If you have any questions about any of the matters in this document, do not hesitate to contact the Advisory/Research Officer to the Committee on 222 7300.