Section 14
Construction of general penalties provision regarding subsidiary legislation
of Interpretation and General Clauses Act
(1)
A provision in any written law to the effect that any breach or contravention of subsidiary legislation made or deemed to be made, or taking effect, by virtue of such written law shall constitute an offence, or prescribing punishment for breach or contravention of such subsidiary legislation, is deemed to include power to prescribe by such subsidiary legislation that the contravention of any particular provision therein shall or shall not constitute an offence, and to include power to prescribe by such subsidiary legislation punishment therefor not exceeding that so prescribed in such written law for breach or contravention of the subsidiary legislation:
Provided that, except in so far as the power deemed by this subsection to be included in such provision is exercised, such provision shall be construed and take effect as if no such power had been conferred.
(2)
Notwithstanding section 2 —
(a)
this section applies to any written law coming into operation prior to the commencement of this Act, notwithstanding any contrary expression in such written law; and
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(b)
this section applies to any written law coming into operation after the commencement of this Act, unless the operation of this section is expressly excluded.
Extent of power to make subsidiary legislation or instruments or perform acts of similar nature 15.
Whenever by or under any written law power is given to His Majesty the Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang
Di-Pertuan in Council, any public officer or body or any other authority (in this section referred to as “the authority empowered”) to —
(a)
make subsidiary legislation; or
(b)
make, issue or approve any order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, it shall include the power of amending or suspending such subsidiary legislation, order,
Proclamation, instrument, declaration, direction, instruction, notification, register or list, or withdrawing approval thereof, in the same manner as it was made, approved or issued, and shall include the power of declaring the date (including a date prior to that upon which it is declared) as from which it shall have or be deemed to have had effect, and the period of its operation, and of substituting another therefor:
Provided that —
(a)
the power of declaring the date of commencement is not deemed to include power to appoint a date of commencement prior to the commencement of the written law conferring the power; and, if, in pursuance of such power, a date of commencement for any subsidiary legislation is appointed which is prior to the date of publication of that subsidiary legislation, no person shall be found guilty of an offence committed prior to the date of publication unless it is proved to the court having cognisance of such offence that that person was, at the time that he committed the act constituting the offence with which he is charged, aware that that act had been constituted an offence under such subsidiary legislation;
(b)
where any Act is to come into operation on a day to be fixed by Proclamation, notification or other instrument, the power to issue such Proclamation, notification or other instrument shall not include,
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except in the case of, and for the purpose of, correcting any mistake therein, the power of amending or suspending the same; and
(c)
where the authority empowered has been replaced wholly or partially by another authority, the power conferred herein upon the original authority may be exercised by such other authority, concerning all matters or things which it is empowered to do, as if it were the original authority.