Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 305

305 .         Regulations may adopt codes or legislation

        (1)         In this section —

        code means a code, standard, rule, specification or other document, published in or outside Australia, that does not by itself have legislative effect in this State;

        subsidiary legislation includes rules, regulations, instructions, local laws and by-laws.

        (2)         Regulations may adopt, either wholly or in part or with modifications —

            (a)         any code; or

            (b)         any subsidiary legislation made, determined or issued under any other Act or under any Act of the Commonwealth, another State or a Territory.

        (3)         The adoption may be by —

            (a)         incorporating the code or subsidiary legislation in the regulations; or

            (b)         incorporating the code or subsidiary legislation by reference.

        (4)         If regulations adopt by reference a code or subsidiary legislation, other than any subsidiary legislation to which the Interpretation Act 1984 section 41 applies —

            (a)         the code or subsidiary legislation is adopted as existing or in force when the regulations are made; and

            (b)         any amendments made to the code or subsidiary legislation after the regulations are made have no legal effect as part of the regulations unless they are specifically adopted by later regulations or a later amendment to the regulations.

        (5)         If regulations adopt by reference any subsidiary legislation to which the Interpretation Act 1984 section 41 applies, the subsidiary legislation is adopted as existing or in force from time to time.

        (6)         Subsections (4) and (5) do not apply if regulations state that a particular text is adopted.

        (7)         If regulations adopted by reference a code or subsidiary legislation to which subsection (4) applies, the Chief Health Officer must —

            (a)         ensure that a copy of the code or subsidiary legislation, including any amendments made to it from time to time that have been adopted, is available, without charge, for public inspection; and

            (b)         if the code or subsidiary legislation, or any part of the code or subsidiary legislation, is in a language other than English, ensure that an accurate English translation of the code or subsidiary legislation, or of the relevant part, is also available, without charge, for public inspection; and

            (c)         publish a notice in the Gazette giving details of where those documents may be inspected or obtained.