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This is a Bill, not an Act. For current law, see the Acts databases.
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 Reprints Act 1984 repealed 21 46.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)
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