42Laying regulations, rules, local laws and by‑laws before Parliament, and disallowance

##### 42. Laying regulations, rules, local laws and by‑laws before Parliament, and disallowance (1) All regulations shall be laid before each House of Parliament within 6 sitting days of such House next following publication of the regulations in the *Gazette* or on the WA legislation website. (2) Notwithstanding any provision in any Act to the contrary, if either House of Parliament passes a resolution disallowing any regulations of which resolution notice has been given within 14 sitting days of such House after such regulations have been laid before it or if any regulations are not laid before both Houses of Parliament in accordance with subsection (1), such regulations shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done or of the omission of anything in the meantime. (3) Subsection (2) applies notwithstanding that the period of 14 days referred to in that subsection, or part of that period, does not occur in the same session of Parliament or during the same Parliament as that in which the regulations are laid before the House concerned. (4) Notwithstanding any provision in any Act to the contrary, if both Houses of Parliament at any time pass a resolution originating in either House amending any such regulations or substituting other regulations for that which has been disallowed by either House under subsection (2), then on the passing of any such resolution — (a) amending regulations, the regulations so amended shall, after the expiration of 7 days from the publication in the *Gazette* or on the WA legislation website of the notice provided for in subsection (5), take effect as so amended; (b) substituting regulations in place of regulations disallowed, the regulations so substituted shall, after the expiration of 7 days from the publication in the *Gazette* or on the WA legislation website of the notice provided for in subsection (5), take effect in place of that for which the regulations are so substituted. (5) When a resolution has been passed under subsection (2) or (4), notice of such resolution shall be published in the *Gazette* or on the WA legislation website within 21 days of the passing of the resolution. (6) Notwithstanding section 37(1), where — (a) regulations are disallowed under this section or are not laid before both Houses of Parliament in accordance with subsection (1); and (b) those regulations amended or repealed regulations that were in operation immediately before the first‑mentioned regulations came into operation, the disallowance or failure to comply with subsection (1) revives the previous regulations on and after the day of the disallowance or, in the case of failure to comply with subsection (1), on and after the day next following the last day for compliance with subsection (1). (7) If a written law empowers or directs the making of regulations by a person other than the Governor and requires that the regulations be confirmed or approved by the Governor or by any other person or authority before having the force of law, subsection (1) does not apply to such regulations unless they have been confirmed or approved as so required. (8) In this section — (a) a reference to regulations shall be construed as including a reference to a regulation or part of a regulation; and (b) regulations includes rules, local laws and by‑laws. [Section 42 amended: No. 14 of 1996 s. 4; No. 13 of 2021 s. 55.]