Section 16
Publication
of Interpretation and General Clauses Act
(1)
Power to make subsidiary legislation shall, unless another method of publication is authorised, be deemed to include a direction to publish it in the Gazette and, without prejudice to the provisions of sections 15 and 18, a direction that it shall come into operation on the date of its publication.
(2)
If the particular form or manner of publication of any legislation or instrument has not been provided for, then, without prejudice to subsection (1) and to any form or manner which may be deemed sufficient, it is deemed to be duly published if it is published in such form or manner as the Minister shall direct.
(3)
Without prejudice to subsection (1), a provision in any written law that subsidiary legislation of any description shall be made or published in the Gazette is not deemed to prohibit the making of any such subsidiary legislation otherwise than in the Gazette; and such provision is deemed to have been complied with if, after such subsidiary legislation has been made, the fact that such subsidiary legislation has been made, and the contents thereof, are published, by signification or otherwise, in the Gazette.
(4)
Without prejudice to subsection (6), subsection (3) applies to instruments not constituting subsidiary legislation, with the modification that it shall suffice to publish the purport thereof.
(5)
The expression “notification in the Gazette” shall not import a duty to execute any formal instrument or to use any words denoting notification, but shall nevertheless import a direction to effect publication in the Gazette in an appropriate manner.
Interpretation and General Clauses 32
(6)
Nothing in the definition of “instrument” as read with this section shall import either a duty or direction to execute any formal instrument, unless the same is otherwise required, or a direction to publish the fact that an instrument has been made, unless such is in fact the case.
Signification of orders of His Majesty the Sultan and Yang Di-Pertuan or His Majesty the Sultan and Yang Di-Pertuan in Council 17.
Whenever any written law confers upon His Majesty the Sultan and
Yang Di-Pertuan or His Majesty the Sultan and Yang Di-Pertuan in Council power to —
(a)
make subsidiary legislation;
(b)
give any directions;
(c)
issue, any order;
(d)
authorise any thing or matter to be done;
(e)
grant any exemption;
(f)
remit any fee or penalty; or
(g)
exercise any other power, it shall be sufficient if the exercise of such power be signified, in the case of
His Majesty the Sultan and Yang Di-Pertuan, under the hand of any Minister or the Permanent Secretary to the Office of the Prime Minister, and, in the case of His Majesty the Sultan and Yang Di-Pertuan in Council, under the hand of any Minister or the Secretary to the Council of Ministers:
Provided that this section does not apply to the power of His Majesty the
Sultan and Yang Di-Pertuan to issue any warrant or Proclamation, which shall be made or issued only under the hand of His Majesty the Sultan and
Yang Di-Pertuan himself.