Section 13
Powers included in authority to make subsidiary legislation
of Interpretation and General Clauses Act
The following provisions apply to subsidiary legislation —
(a)
authority to make subsidiary legislation shall include —
(i)
authority to provide that a contravention thereof shall be punishable by imprisonment for such term, not exceeding 6 months, or with such fine not exceeding
$10,000, or by both such fine and imprisonment, as may be specified in the subsidiary legislation;
(ii)
authority to amend any forms prescribed by the written law under which the subsidiary legislation was made;
(iii)
authority to prescribe new forms for the purpose thereof and for the purpose of the subsidiary legislation; and
(iv)
authority to provide for the manner and method in which any document, record, application, permit, approval or licence may be submitted, issued or served by electronic means, or for the authentication thereof;
To include reduction of fees etc.
(b)
authority to provide for fees and charges shall include authority to provide for the reduction, waiver or refund thereof, either generally or in any particular event or case, or class of cases, or in the discretion of any person;
(c)
subsidiary legislation shall have the same force and effect and be as binding, and shall be construed for all purposes as if it had been contained in, the written law under which it was made;
Interpretation and General Clauses 28
Where subsidiary legislation requires approval
(d)
whenever any written law provides that the subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then —
(i)
the subsidiary legislation shall be submitted for the approval of such authority;
(ii)
such authority shall have power to amend or disapprove the whole or any part of the subsidiary legislation, and may, if it disapproves of either in whole or in part, require further subsidiary legislation to be submitted for approval;
(iii)
a statement by the approving authority, purporting to be made under the provision of such written law whereby approval is required, that specified subsidiary legislation has been made with the approval of such authority shall, until the contrary is proved, be evidence that the subsidiary legislation was duly made and the requisite approval duly obtained;
(iv)
the provisions of sub-paragraph (iii) apply whether or not the power to amend conferred by sub-paragraph
(ii)
has been exercised and, if the statement appears in a publication authorised by such written law, whether or not publication has been made in the Gazette, and it shall not be necessary to specify in what respect, if any, the subsidiary legislation originally submitted has been amended; and
(v)
the expression “the approving authority” shall include a person authorised by section 17 or otherwise to signify on behalf of the authority that its approval has been given; and the expression “the person authorised to make the subsidiary legislation” shall include any person authorised to signify the exercise of the power to make subsidiary legislation vested in such first-mentioned person;
Interpretation and General Clauses
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Power to make subsidiary legislation for special as well as general purposes
(e)
authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental thereto, shall not be construed so as to derogate from the powers conferred with reference to the general purpose;
Reference to written law includes reference to legislation thereunder
(f)
a reference in a written law to another written law shall include reference to any subsidiary legislation made thereunder;
(g)
where any Act confers powers to make any subsidiary legislation, expressions used in the subsidiary legislation shall, unless the contrary intention appears, have the same respective meanings as in the Act conferring the power.