Legislation Act 2021

This Act introduces a small set of interlocking technical concepts that govern publication, authority and editorial maintenance of Western Australian laws.

WA legislation website (s 8). The Parliamentary Counsel must maintain the WA legislation website (s 8(1)) and the intended URL is www.legislation.wa.gov.au (s 8(2)). The regulations may prescribe an alternative URL if the default cannot be used for technical or other reasons (s 8(3)). The website’s stated purpose is to provide free public access to accurate, up‑to‑date and reliable official versions of laws, and to act as a permanent repository both of laws “as originally passed or made” and of updated versions that incorporate amendments and editorial changes (s 9).

What must be published (s 10). The Parliamentary Counsel must publish Acts as originally passed and Acts “in operation” with their amendments incorporated, prescribed subsidiary legislation as originally made and with amendments incorporated, and any other prescribed laws (s 10(1)(a)-(e)). The Parliamentary Counsel may publish other material either if prescribed or if the Parliamentary Counsel considers it appropriate (s 10(2)). Where material is published under the discretionary head (s 10(2)), the Act applies to that material as if it were a law (s 10(3)).

Official versions (ss 15-16). An electronic version is an official version if it is accessed at or downloaded from the WA legislation website in a prescribed format and indicates (or the website indicates) that it is an official version (s 15). A hard copy is official if it indicates in a prescribed way that it is an official version, or if it is produced directly from an official version of the law (s 16). The Act therefore ties official status to prescribed technical marks and provenance from the site.

Evidentiary presumptions (ss 17-21). Official versions “as originally passed or made” and official versions with amendments incorporated “as at a stated date” are taken to correctly set out the text unless the contrary is proved (ss 17(1)-(2)). An official version is evidence that any Part 3 editorial changes are authorised (s 17(3)). A document or electronic file that “purports to be” an official version is taken to be an official version unless the contrary is proved (s 18). Judicial notice of all laws is required (s 21). Publication dates shown on official versions or notified on the website are evidence of the date published (ss 19-20).

Editorial change scheme (Pt 3, Divs 1-3). The Parliamentary Counsel is authorised to make “editorial changes” when producing a version (s 23(1)). The power is delegable (s 24). The Act enumerates categories of permissible editorial changes (ss 25-39) spanning updating references to other laws and bodies (ss 25-26), implementing “deemed amendments” (s 27), modernising references and drafting style (ss 28-33, 38), correcting minor errors (s 34), omitting obsolete or redundant provisions (s 35), incorporating transitional/savings provisions from amending laws (s 36), renumbering (s 37) and making consequential editorial changes (s 39). Section 23(3) disallows changes that would change a law’s effect, subject to s 29(2) (the Clerk’s amendment provision) which permits a particular post‑passage clerical amendment that may change effect if certified by the Clerk of the Parliaments and necessary to give effect to Parliament’s intent.

Legal effect of editorial changes (s 40) and transparency requirements (s 41). An editorial change has effect as if made by another law that amended the original and commenced on the day the editorial change is made (s 40). The Parliamentary Counsel must indicate editorial changes in a suitable way and may provide comparison facilities (s 41). The annual report of the relevant Department must include a summary of editorial changes made in the financial year (s 42).

Relationship to other laws (s 7, Pt 6). The Act is expressly in addition to existing Acts regulating publication or effect, and it amends the Interpretation Act 1984 and Evidence Act 1906 to incorporate concepts such as the WA legislation website, electronic publication and the Government Printer’s functions being publication as well as printing (Part 6).

Prescriptive perimeter and regulation‑making power. The Act leaves some matters to regulations,formatting and prescribed forms for official versions (ss 15-16), what subsidiary legislation is “prescribed” for publication (s 10(1)(c)-(d)), the prescribed format referred to in s 15, and other matters (s 43). The Parliamentary Counsel also may determine technical requirements for non‑Act instruments to be accepted for publication (s 14).

In short, the main concepts create a single authoritative online repository, a statutory mechanism for ongoing editorial maintenance of authoritative texts, and legal presumptions about the correctness and evidentiary weight of those texts. The Act couples administrative discretion (Parliamentary Counsel and delegated officers) with statutory protections (evidentiary presumptions and recording requirements), and it amends existing interpretive and evidentiary regimes to reflect website‑centred publication.

The Act changes roles and reliance across the following actors:

Parliamentary Counsel and PCO. The Parliamentary Counsel must maintain the WA legislation website (s 8) and determine publication formats (s 15). PCO staff may be delegated the editorial power (s 24). PCO decides what non‑prescribed materials it publishes (s 10(2)), sets technical rules for accepting non‑Act instruments for publication (s 14) and must record and indicate editorial changes (s 41). PCO therefore gains authority and operational responsibility with attendant resourcing and procedural obligations.

State government departments and agencies. Departments are required to include a summary of editorial changes in their annual report (s 42). Departments, local governments and statutory bodies that make subsidiary instruments are affected by the requirement to provide laws in an acceptable form (s 14). They are also affected by the substitution of website publication for Gazette publication (s 22) and by changes to definitions elsewhere (Part 6) that treat website publication as equivalent to Gazette publication for commencement and notification purposes (Interpretation Act amendments in s 48-55).

Legislative drafters and Bill managers. Those preparing Bills and regulations need to understand that PCO can make editorial changes; they must anticipate how drafting choices will be treated under the editorial change categories (ss 25-39) and the possibility of a Clerk’s certificate effecting post‑assent clerical amendments (s 29). They also must ensure that implied or express commencement and cross‑references remain clear given PCO’s power to renumber, omit spent provisions or incorporate amending transitional provisions (ss 35-37, 36).

Courts, tribunals and legal practitioners. Courts and persons acting judicially must take judicial notice of all laws (s 21). The evidentiary presumptions (ss 17-20) affect litigation practice: an official version is taken to correctly set out text and publication dates shown on the website are evidence of publication date. Practitioners will be expected to rely on official versions accessed from the WA legislation website unless they can prove otherwise (s 18). If disputing a text, the evidentiary burden falls on the party seeking to prove the official version incorrect.

Private publishers, legal publishers and consolidation services. The Act designates the WA legislation website as the intended permanent repository (s 9). Commercial consolidation services will face competition from a free official repository that is statutorily presumed correct and may provide comparison and version history features (s 41). Conversely, those services may need to align citations and subscriptions with the official formats and workflows prescribed.

Local governments and other bodies that make local laws or instruments. The Interpretation Act amendment indicates the WA legislation website may be used instead of the Gazette for proclamations and notices (s 48(3) insertion), and s 22 explicitly substitutes website publication for Gazette publication or notification where a written law requires or authorises Gazette publication. Those bodies must therefore adapt notice and publication procedures.

Members of the public and researchers. The Act creates free, public access to official versions and expressly contemplates the website as the permanent repository for versions as originally passed and updated versions (s 9). Researchers’ reliance on authoritative texts becomes simpler in principle, though they must become familiar with the Act’s versioning and editorial change indicators.

Third parties producing documents for publication on the website. Section 14 allows PCO to specify technical or other requirements for non‑Act laws (other than Acts) to be accepted for publication. Entities that create instruments that might be published on the website must meet those requirements, otherwise the Parliamentary Counsel may decline to accept the instrument until the requirements are satisfied.

The Crown and Government Printer. The Act binds the Crown (s 5) and redefines Gazette and Government Printer terms in the Interpretation Act amendments (s 48). The Government Printer’s role now expressly includes publishing in electronic form (Part 6, s 48).

In summary, the Act centrally affects PCO and those who produce or use legislation: drafters, government agencies, courts and legal practitioners, publishers, and the public. It shifts authoritative publication functions on to the WA legislation website and gives PCO both operational responsibility and the power to make non‑substantive changes without further parliamentary enactment, subject to the Act’s exclusion of changes that alter legal effect except in narrow certified circumstances (ss 23(3), 29).

The Act creates duties for the Parliamentary Counsel and obligations that affect producers and users of legislation. It also establishes rights and legal presumptions for users relying on official versions.

Duties of the Parliamentary Counsel and PCO

• Maintain the WA legislation website for the publication of laws (s 8(1)). The Parliamentary Counsel must ensure the site is maintained by or on behalf of PCO (s 8(1)).
• Publish specified material on the website: Acts as originally passed and Acts in operation with amendments incorporated, prescribed subsidiary legislation as originally made and with amendments incorporated, and any other prescribed laws (s 10(1)). This is a mandatory duty.
• Determine technical requirements for accepting laws (other than Acts) for publication to facilitate efficient publication (s 14(1)). The Parliamentary Counsel must make those requirements publicly available (s 14(3)).
• Indicate editorial changes in a suitable way when they are made and, where appropriate, provide comparison facilities between versions (s 41(1)-(2)). The Parliamentary Counsel must ensure that editorial changes are indicated.
• Ensure annual reports by the Department include a summary of editorial changes made in the financial year (s 42(2)).

Delegated duties and delegation. The Parliamentary Counsel may delegate the power to make editorial changes to other PCO officers (s 24). Delegations must be in writing and signed by the Parliamentary Counsel (s 24(2)). The exercise of a delegated power is taken to be in accordance with the delegation unless the contrary is shown (s 24(3)).

Publication and format duties. The Parliamentary Counsel is responsible for marking official electronic versions in a prescribed way or indicating on the website that particular downloads are official versions (s 15). Hard copies are official if marked in a prescribed way or produced directly from an official version (s 16).

Rights and presumptions available to users

• Users have the right to rely on the presumptions that official versions correctly set out the text of laws (s 17(1)-(2)). These presumptions operate unless the contrary is proved, shifting evidentiary burden in practice.
• Users have a right to expect publication dates shown on official versions or notified on the website to be evidence of publication dates (ss 19-20).
• Courts and persons acting judicially must take judicial notice of laws (s 21), which reduces the formality required to prove the existence of a law in proceedings.

Obligations on other bodies and persons

• If a law cannot be published on the website for technical or other reasons, the Parliamentary Counsel must publish it in an alternative manner considered appropriate and must then publish it on the website as soon as practicable; the date of publication for evidentiary purposes is then the date it was first published in the alternative manner (s 13). This updates obligations about timing and notice.
• Departments must include a summary of editorial changes in their annual report (s 42(2)). This places an annual transparency obligation on the government machinery that benefits from editorial updating.
• Persons submitting non‑Act laws for publication may be required to comply with PCO’s technical requirements under s 14. These requirements must be publicly available (s 14(3)).

Rights to replacement of Gazette publication. Where a written law requires or authorises publication or notification in the Gazette, publication or notification on the WA legislation website is “sufficient” (s 22). That substitutes the website for the Gazette as a statutory publication mechanism.

Constraints and limits

• The Parliamentary Counsel’s editorial power does not permit changes that would alter the legal effect of a law (s 23(3)), except for a narrow exception where the Clerk of the Parliaments issues a certificate identifying a clerical amendment necessary to give effect to Parliament’s intent; a provision can be amended as identified even if the amendment changes the effect of the Act (s 29(1)-(2)).
• Editorial changes have the legal effect of an amending law as at the day the change is made (s 40), meaning that once an editorial change is made and published, it is treated as if Parliament had made that amendment.

Regulatory power and prescription. The Governor may make regulations to prescribe matters required or permitted by the Act or necessary for its operation (s 43). The Act repeatedly makes key elements dependent on “prescribed” formats or materials, so the rights to rely on official versions are conditioned by regulatory detail to be specified later.

In practice, duties require PCO to maintain public, authoritative electronic delivery and to manage editorial updating, while rights and presumptions make the official versions convenient and presumptively authoritative for courts, government and the public. Those presumptions and the capacity to make editorial changes create both efficiency for users and a need for transparency and process in PCO’s administration.

The Legislation Act 2021 is primarily regulatory and procedural; it does not create express criminal sanctions, fines, or administrative penalties for non‑compliance within its text. Its enforcement mechanisms are predominantly evidentiary, administrative and procedural rather than penal. The principal enforcement features are:

Evidentiary presumptions (ss 17-21). The Act enforces reliability of official versions by statutory presumptions. Official versions are taken to correctly set out the text of a law (s 17(1)-(2)); a document that purports to be an official version is treated as an official version unless the contrary is proved (s 18). Those presumptions function as quasi‑enforcement devices: they make the official version the practical authoritative text in courts and administrative processes unless opposing proof is adduced. The effect is to reduce the transactional cost of proving the content and publication date of laws.

Judicial notice (s 21). All courts and persons acting judicially must take judicial notice of all laws. This eliminates the need for formal proof of the existence of laws and enforces reliance on official versions in litigation processes.

Publication and date rules (ss 12-13, 19-20). The Act gives legal effect to the way and day a law is published. If the website is unavailable and an alternative manner is used, that alternative publication has the same status in the interim period (s 13(3)) and the day of first alternative publication is the publication date for evidentiary purposes (s 13(2)(b)). Official versions that show the day of publication are evidence of that day (s 19(1)); notifications on the website of publication day are evidence of publication on the day notified (s 19(2)). These statutory evidentiary rules enforce certainty about commencement and timing without criminal sanctions.

Administrative obligations and transparency (ss 14, 41-42). The Parliamentary Counsel must make public the technical requirements for accepting non‑Act laws for publication (s 14(3)) and must ensure that editorial changes are indicated in a suitable way (s 41). The relevant Department’s annual report must summarise editorial changes (s 42). Non‑compliance with these administrative duties is not directly criminalised by the Act, but failures could be challenged administratively, subject to public accountability mechanisms and parliamentary review (s 44).

Delegation and internal accountability (s 24). The Parliamentary Counsel’s power to delegate editorial authority to PCO officers requires written delegations (s 24(2)). The Act deems exercise of delegated powers to be in accordance with the delegation unless the contrary is shown (s 24(3)). Internal accountability within PCO is therefore emphasised, but again, the Act does not specify sanctions for misuse; oversight would operate through administrative and parliamentary processes and potentially judicial review where a party alleges an unlawful exercise of power.

Regulation‑making power (s 43). The Governor may make regulations required by the Act. Regulations could potentially prescribe offences or compliance mechanisms, but the Act itself does not specify any. Practitioners should check subordinate legislation for offences or specific compliance obligations made under s 43.

No explicit penalty provisions. The Act contains no express penalty or enforcement provisions such as fines, imprisonment, or civil penalties tied to contraventions. Its operative effect is to alter the evidentiary regime and administrative processes. Disputes about the correctness of an official version, publication date or the lawfulness of an editorial change will be resolved through ordinary judicial processes, where parties can adduce contrary evidence and courts may make determinations. The Act does, however, create legal presumptions which impose a de facto burden on a party wishing to prove error or to displace an official version.

Practical enforcement implications

• Parties who wish to challenge the correctness of an official version bear the evidentiary burden (see s 17(1)-(2), s 18). Courts will start from the official version as the baseline.
• Administrative enforcement of PCO duties (publication, recording of editorial changes, making requirements public) will be via parliamentary oversight, ministerial responsibility, and judicial review remedies if the statutory requirements are not met.
• The substitution of website publication for Gazette publication (s 22) has the practical enforcement effect of changing how official notice and timing operate; it is enforced by the evidentiary presumptions in Part 2 Division 3.

In short, the Act enforces the new regime principally by conferring authoritative status and evidentiary presumptions on official versions and by imposing administrative transparency obligations on PCO and departments. It does not create new criminal or civil penalty regimes within the text; enforcement is procedural and evidentiary, backed by the ordinary powers of courts and parliamentary oversight.

The Legislation Act 2021 is explicitly designed to work alongside and to alter aspects of other Western Australian statutes governing publication, interpretation and evidence. Its interaction with other laws is effected directly through amendments (Part 6) and indirectly through the new centralised publication model.

Relationship with Interpretation Act 1984 (Part 6 Division 1). The Act amends the Interpretation Act 1984 in multiple respects to align definitions and publication rules with the WA legislation website:

• The definitions of Gazette or Government Gazette and Government Printer are deleted and reinserted to recognise Gazette publications in electronic as well as hard copy form, and to include the WA legislation website as a recognised medium (s 48(1)-(2)). The new definition expressly includes publications “whether published, or purporting to be published, before or after the commencement” (s 48(2)).
• The definition of proclamation is amended to add “or on the WA legislation website” (s 48(3) insertion).
• The gender provision in s 10 of the Interpretation Act is rephrased to modern drafting (s 49).
• Section 26 is amended so that the citation of a written law is to be made “in accordance with an official version of the law under the Legislation Act 2021” (s 53). This coordinates legal citation practice with the official‑version regime.
• Several other sections are altered to substitute the Gazette with the WA legislation website (ss 50-55). These amendments ensure that statutory references to publication in the Gazette operate also with website publication.

These amendments make the WA legislation website the canonical place for publication and citation under the Interpretation Act and tie commencement and interpretive references to official versions produced under the Legislation Act.

Interaction with Evidence Act 1906 (Part 6 Division 2). The Act amends the Evidence Act 1906 to accommodate electronic publication and official versions:

• The Government Printer definition is amended to cover publishing as well as printing (s 57).
• Multiple provisions are updated to replace references to “paper” or “printed paper” with “document” or “document (whether in printed or electronic form)” and to insert “published” alongside “printed” (ss 58-64). These changes modernise evidentiary rules to account for electronic official versions and the WA legislation website.

By updating the Evidence Act, the Legislation Act ensures that statutory evidentiary rules align with the new presumptions about official electronic publications and the website as an authoritative source.

Repeal of Reprints Act 1984 and transitional status (Part 5). The Act expressly repeals the Reprints Act 1984 (s 45). To avoid creating a gap in evidentiary treatment of existing reprints, s 46 provides that any reprint of a written law under the repealed Act is “taken to be an official version of the written law for the purposes of Part 2 Division 3.” This ensures continuity: prior reprints retain official evidentiary status under the new scheme.

Relationship with other written laws (s 7). The Act states it is “in addition to, and does not limit the operation of, other Acts that contain provisions about the publication or effect of Western Australian legislation” (s 7). The explanatory note lists examples such as the Interpretation Act 1984, the Evidence Act 1906 and the Local Government Act 1995 (which contains provisions about local laws). Where other enactments specify publication in the Gazette or require procedural steps tied to publication, s 22 allows those publication or notification requirements to be satisfied by publication on the WA legislation website instead.

Practical interactions and potential frictions

• Citation and commencement: With s 53 (Interpretation Act amendment), citation of a written law “is in all cases to be made in accordance with an official version” under the Legislation Act. Users and drafters must therefore align citation practices with the official versions and any renumbering or formatting changes PCO may make (s 37). This improves consistency but places a compliance and checking cost on users to verify the official version for citation.
• Gazette vs website: Many statutes, instruments and administrative rules previously relied on Gazette publication as the legal trigger for notice and commencement. The Legislation Act substitutes the WA legislation website for the Gazette in these contexts (s 22 and the Interpretation Act amendments). That changes administrative practice for agencies and may affect private distribution models that relied on Gazette publication.
• Evidence and litigation: Amending the Evidence Act to recognise “documents” and “publication” in electronic terms (Part 6 Div 2) aligns the evidentiary regime with official website outputs. Courts will apply s 17 presumption that an official version is correct unless proved otherwise, and s 18’s presumption that a version purporting to be official is official. That makes the website the practical hub for litigation reference points.
• Local laws and other subordinate instruments: Section 10(1)(c)-(d) makes “prescribed subsidiary legislation” subject to mandatory publication. The regulations will be important in determining which classes of subordinate instruments must be on the website and in what form. Local governments, statutory authorities and private bodies that make instruments should check the regulations and PCO’s technical requirements (s 14).
• Changes to Government Printer role and public printing: By expanding the Government Printer definition and modernising the conception of Gazette publication, the Act affects any statutes that require printing or distribution by the Government Printer; such duties now explicitly include electronic publication.

In sum, the Act interacts with existing interpretive, evidentiary and procedural laws by design. It repurposes the Gazette function to the WA legislation website, modernises evidentiary language to include documents in electronic form, and ensures prior reprints retain official status. Users must be aware of the amended Interpretation Act and Evidence Act provisions and of the regulations and prescribed formats that will flesh out operational detail.

The text supplied contains the Act as compiled with its initial commencement and indicates the repeal and amendment machinery; it also includes a compilation table and an uncommenced provisions table. The key historical milestones set out in the compilation material are:

Assent and commencement (s 2 and compilation table). The Act received Royal Assent on 24 August 2021 (compilation table). Section 2 provides staged commencement:

• Part 1 (preliminary provisions) commenced on the day the Act received Royal Assent (s 2(a)), namely 24 August 2021 (compilation table).
• The remainder of the Act commenced on a day fixed by proclamation (s 2(b)). The compilation table records that the Act other than Part 1 commenced on 1 July 2023 by proclamation (SL 2023/58 cl. 2). This indicates the main operative parts of the Act became effective from 1 July 2023.

Repeal of the Reprints Act 1984 (s 45). The Act repealed the Reprints Act 1984 (s 45). Section 46 preserved the evidentiary status of reprints made under the repealed Act by declaring them official versions for the purposes of Part 2 Division 3.

Amendments to other statutes (Part 6). The Act itself amends the Interpretation Act 1984 (Division 1) and the Evidence Act 1906 (Division 2); the instrument lists the precise amendments (ss 47-64). These are primary amendments effected by the Legislation Act and are part of its initial implementation package rather than subsequent amendments.

Uncommenced provisions table. The compilation includes an “Uncommenced provisions table” listing a provision of the Evidence Act 2025 (s 492(1)) with assent dated 25 Sep 2025 and “To be proclaimed” noted in the commencement column. This table indicates that the compilation may be later updated to show provisions that were assented to but not yet proclaimed at the compilation date. It relates to external legislation (Evidence Act 2025) and is not an amendment of the Legislation Act itself.

No later amendments or subordinate instruments are shown in the supplied text beyond the proclamation bringing the Act into full operation on 1 July 2023 and the insertion of associated amendments to the Interpretation and Evidence Acts within Part 6. The Act leaves detail to be prescribed by regulation (s 43) and authorises the Parliamentary Counsel to determine technical requirements (s 14), so the practical operationalisation of the Act depends on:

• Regulations made under s 43 to prescribe formats, prescribed subsidiary legislation, and other matters the Act leaves to subordinate instruments.
• PCO determinations on technical requirements for accepting materials for publication (s 14) and any prescriptions for official version marking (ss 15-16).

Practitioners should therefore check:

• The Western Australian regulations made under s 43 subsequent to 1 July 2023 for prescribed formats and classes of subsidiary legislation.
• PCO determinations under s 14 and guidance materials on the WA legislation website for technical requirements and format templates.
• Any later amendments to the Legislation Act after the date of the supplied compilation, by consulting the WA legislation website.

Because the supplied compilation includes the date of assent and commencement for the Act and records the repeal of the Reprints Act and the associated Interpretation and Evidence Acts’ amendments, the immediate amendment history is confined to this initial enactment and the consequential amendments contained in Part 6. Further amendment history would appear in later compilations and subordinate instruments not reproduced here.

The legislation text and compilation provided do not record any judicial decisions or litigation history considering the Legislation Act 2021. The Act itself contains provisions regarding proof and judicial notice that are relevant in litigation, but the supplied source does not cite or summarise cases. Relevant provisions that will be focal points in future litigation include:

• Evidentiary presumptions: An official version of a law is taken to correctly set out the text unless the contrary is proved (s 17). Litigation challenging the correctness of official versions would engage s 17(1)-(3) and s 18. Courts may be called upon to adjudicate what constitutes sufficient contrary proof to displace an official version.
• Publication date and reliance: Rules about the day of publication and evidence of publication (s 12 and ss 19-20) may be implicated in disputes over commencement or transitional operation of laws, particularly where alternative publication under s 13 occurred.
• Editorial changes and their effect: Section 40 gives editorial changes effect as if made by another law that amended the original and commenced on the day the editorial change is made. Disputes may arise over whether a particular change permissibly falls within the editorial change categories described in ss 25-39, or whether a change unlawfully alters legal effect contrary to s 23(3). Section 29 (Clerk’s amendment) raises a further litigation focal point where a change that alters effect is certified as required.
• Delegation, process and transparency: Delegation (s 24), recording and indication of editorial changes (s 41), and the annual reporting requirement (s 42) are administrative provisions whose breach could be the subject of judicial review if a party alleges unlawful exercise or failure to perform statutory duties.

At present, the supplied source includes no reported cases or disputes. Practitioners should monitor case law for:

• Challenges to the scope of editorial changes and whether PCO has exceeded its statutory authority.
• Evidence disputes where parties attempt to rebut the presumption that an official version is correct.
• Questions about the legal effect of alternative publication during website outage periods (s 13).
• The application of the Interpretation Act amendments concerning citation and the meaning of Gazette and government publication.

Until such cases appear in reported decisions, the Act’s litigation contours remain to be developed. The statutory requirements for judicial notice and the evidentiary presumptions will, however, materially shape litigation strategy: reliance on official website versions is the default practical and evidentiary starting point unless there is clear contrary evidence.

This Act creates several practical issues and risks that users and agencies must anticipate. The following are concrete mechanics to watch for, grounded in text:

1. Editorial changes that “have effect” as amending laws (s 40). An editorial change that is lawfully made under the categories in Division 2 is treated as if another amending law had made it and commenced on the day the editorial change is made. That means changes that correct numbering, omit obsolete provisions, or update references will be treated legally as though Parliament had itself effected them. Users may assume that only Parliament changes substantive law, but s 40 gives editorial changes retrospective operational effect from the day of the change. Confirm whether the change is merely editorial and within the enumerated categories (ss 25-39).

2. Exception for changes that alter effect (s 29). Section 23(3) prohibits editorial changes that change the effect of the law, but s 29 permits a “Clerk’s amendment” certified by the Clerk of the Parliaments that should have been made as a clerical amendment before Royal Assent and is necessary to give Parliament’s intended operation. That means certain post‑assent changes may be made that do alter effect. Practitioners should examine whether s 29 is invoked and obtain the Clerk’s certificate where relevant. The Act permits an amendment “even if the amendment changes the effect of the Act” (s 29(2)), so parties challenging post‑assent amendments should check for a s 29 certificate.

3. Evidentiary burden to rebut official versions (ss 17-18). An official version “is taken to correctly set out the text … unless the contrary is proved” (s 17(1)-(2)). A document purporting to be official is taken to be official unless the contrary is proved (s 18). This shifts the burden to prove an error to the challenger. Practitioners challenging an official text must gather countervailing evidence (e.g. original parliamentary materials, extrinsic materials, prior reprints) and be prepared to meet the statutory presumption.

4. Website substitution for Gazette (s 22) and Interpretation Act changes (Part 6 Div 1). Many statutes and processes require Gazette publication as a legal trigger; the Act allows website publication to supply that requirement. Administrative procedures and public notification practices reliant on Gazette circulation must be updated. Entities that historically monitored the Gazette must now ensure they track the WA legislation website for legally effective notices.

5. Practical dependence on regulations and PCO determinations (s 15, s 43, s 14). Key operational details,what format constitutes a prescribed official electronic version, what subsidiary legislation is “prescribed” for mandatory publication, and technical requirements for accepting non‑Act laws,are left to regulations and to PCO determinations. Until those instruments and determinations are published, private and public users may face uncertainty about compliance steps and official status. Practitioners should obtain the regulations and PCO guidance to avoid compliance gaps.

6. Delegation and internal process risk (s 24). The Parliamentary Counsel may delegate editorial power to PCO officers. Delegations must be written and signed, and exercise of delegated powers is taken to be in accordance with delegation unless the contrary is shown (s 24(3)). The presumption in s 24(3) reduces challenges to internal process, which could make it harder to contest an editorial change on the basis of improper delegation absent clear evidence that the delegation terms were not observed.

7. Renumbering, omission and cross‑reference adjustments (ss 33, 35-37). PCO may reorder, renumber or omit provisions to conform with current drafting practice. While intended to modernise and simplify texts, these changes can complicate reliance in contracts, ongoing statutory regimes, transitional instruments, or private compliance systems that reference particular section numbers. Reliance on a citation must be to the official version as renumbered (s 37(2) and Interpretation Act amendment s 53), so users should check the current official version rather than older citations.

8. Alternative publication and publication date (s 13). If the website is unavailable and the Parliamentary Counsel publishes an instrument in an alternative manner, the publication date for evidence is the day it was first published in the alternative manner (s 13(2)(b)). That may advance or alter effective dates relative to expectations if parties are unware of an alternative publication. Practitioners handling tight commencement windows must monitor PCO notices about alternative publication.

9. Removal of “words of enactment”, signatures, commencement provisions (s 35). Editorial changes may omit words of enactment, signatures or commencement provisions considered obsolete or spent. Those cosmetic omissions could be misinterpreted by readers or challenge parties as substantive changes if not adequately recorded and indicated. Section 41 requires the Parliamentary Counsel to indicate editorial changes, but the form of that indication matters practically; users should rely on version comparisons provided by PCO.

10. Commercial publishing and market effects. The Act creates a free, official repository with presumptive correctness that will materially affect commercial legal publishing markets. Private consolidation services will need to align with the official versions and may lose a market advantage, while also possibly facing costs adapting to PCO formats and indicators. That is an economic effect rather than a legal penalty, but it is material for businesses reliant on publishing law texts.

11. Continuity for pre‑existing reprints (s 46). Reprints under the repealed Reprints Act are taken to be official versions for Part 2 Division 3 purposes (s 46). However, practitioners must check that any pre‑existing reprint is still aligned with subsequent amendments or editorial changes and should verify whether the reprint captures all relevant amendments or editorial changes.

12. Scope of “law” and applicability to non‑Acts (s 4 and s 10(3)). The Act defines “law” broadly to include Imperial enactments and instruments made under the Royal prerogative (s 4) and allows the Parliamentary Counsel to treat other published material as “law” for the purposes of the Act if published under s 10(2). Entities should be conscious that non‑traditional materials published at PCO discretion may be brought within the Act’s regime.

These “gotchas” are not warnings about illegality; they are operational and evidentiary mechanisms that materially affect reliance, timing and administrative practice. The consistent practical response is to rely on the WA legislation website’s official version and to check PCO’s indications and comparison facilities for editorial changes, and to seek the Clerk’s certificate when post‑assent clerical amendments are invoked.

This section sets out practical, source‑grounded steps for those affected by the Legislation Act 2021 to meet statutory obligations and to manage risk. The compliance guidance follows duties and processes laid out in the Act.

For government agencies and bodies that make laws or instruments

1. Register and liaise with PCO early. If your agency produces subsidiary legislation or instruments that the Parliamentary Counsel must publish or may accept for publication, discuss format and submission requirements with PCO in advance so you can meet any technical requirements determined under s 14(1). PCO must make those requirements publicly available (s 14(3)), but early engagement reduces rework.

2. Conform to prescribed formats and marking for official versions. Electronic official versions are official only if accessed at or downloaded from the WA legislation website in a prescribed format and indicate official status or the website indicates official status (s 15). Ensure your instrument is provided in the format required by regulation or PCO direction, and that any hard copy produced directly from an official version is marked in the prescribed way (s 16).

3. Maintain genealogies of versions and ensure records support any necessary contrary proof. Because s 17(1)-(2) creates a presumption that an official version correctly sets out the law unless contrary is proved, keep clear records of original texts, amendment instruments and any communications with PCO about editorial changes to support proof if needed.

4. Monitor publication channels and alternative publication notices. If the WA legislation website is unavailable, PCO may publish in an alternative manner with the same interim status and that earlier date becomes the publication date (s 13(1)-(2)). Ensure your agency monitors PCO announcements and the Gazette and records publication evidence.

5. Update internal procedures for Gazette substitution. Where your instrument or process requires Gazette publication, be aware that publication on the WA legislation website is sufficient (s 22). Amend notice and compliance procedures accordingly.

For drafters and Parliamentary staff

1. Draft with awareness of editorial categories. Many drafting adjustments are authorised in Pt 3 Div 2 (ss 25-39). Where you expect minor changes such as numbering/formatting, gender neutralisation, or reference updating, note that PCO may make those changes without further legislation (s 23). Flag any passages that might be affected by s 29 (Clerk’s amendment) so that a Clerk’s certificate can be issued if necessary.

2. Anticipate renumbering and cross‑reference updating. Because PCO can renumber and change referential phrasing (s 37, s 28), avoid drafting that hardcodes section numbers into external documents where possible, or ensure cross‑references are updated in the official version.

For legal practitioners and courts

1. Rely first on official versions from the WA legislation website. The Act makes official versions presumptively correct and prescribes evidence rules (ss 15-21). Access and cite the official version when preparing documents, and verify any editorial changes indicated under s 41.

2. If challenging an official version, prepare documentary evidence. Since the statute requires the contrary to be proved to displace an official version (s 17(1)-(2)) and treats a document purporting to be official as official (s 18), gather original parliamentary records, enactment instruments, prior reprints (s 46), or other primary material to demonstrate an error.

3. Check publication dates for timing arguments. Section 12 sets out the method for identifying the day a law is published; s 19 treats the day shown on an official version as evidence of publication day. For commencement and transitional disputes, confirm the publication day as shown on the official version or the website notice.

4. Note judicial notice obligations. Courts must take judicial notice of all laws (s 21). Ensure that citations conform to the official version as amended in the Interpretation Act (s 53) and use the official version’s text for authoritative wording.

For private publishers and consolidation services

1. Integrate the WA legislation website as primary source material. The Act elevates the website to a permanent official repository (s 9) and an official version is defined and given presumptions (ss 15-17). Align data ingestion and citation practices to the website and provide cross‑reference tools that reconcile earlier private versions with the official version.

2. Watch for PCO’s format prescriptions and comparison facilities. Technical requirements and prescribed formats may affect how your service harvests and republishes legislation (s 14, s 15). Use PCO’s version comparison facilities or generate your own mapping between your identifiers and PCO’s official numbering.

For courts and tribunals

1. Treat official versions as baseline evidence. The statutory presumptions (ss 17-18) simplify proof of a law’s text in proceedings. Where an official version is used, the opposing party bears the burden of proving a contrary text.

2. Request evidence where editorial changes are material to a dispute. If editorial changes appear to affect rights or obligations, ask for the PCO comparison or the record of editorial changes required by s 41 to see what was changed and when.

General compliance checklist

• Identify whether your instruments fall into the classes that must be published (s 10(1)) or may be published (s 10(2)).
• Obtain and conform to any regulations made under s 43 and to PCO’s technical requirements under s 14.
• Ensure electronic documents intended to be official are produced or delivered in the prescribed format and are accessed or downloaded from the WA legislation website (s 15).
• Retain provenance and original source records in case a party needs to prove an official version incorrect (s 17).
• When dealing with commencement issues, confirm the publication day as shown on the official version or as notified (s 12, s 19).
• Monitor the WA legislation website for editorial change indicators and use comparison tools to reconcile versions (s 41). If editorial changes are material, rely on the Clerk’s certificate if s 29 has been invoked for post‑assent clerical amendments.
• Include summaries of editorial changes in departmental annual reports as required (s 42).

Adherence to these steps will align operational practice with the Act’s statutory framework and reduce the risk of statutory misinterpretation or evidentiary surprises. Practitioners should also watch for the regulations and PCO published requirements that define “prescribed formats” and the classes of subsidiary legislation that must be published.