Skip to content

Section 15

Saving in respect of acts done under prerogative and statutory powers

of Government Proceedings Act 1956

ActIn forceProvision 10 of 34
Section 15

(1)

Nothing in this Part shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri or the

Government, or any powers or authorities conferred on the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri or the

Government by any written law, and, in particular, nothing in this

Part shall extinguish or abridge any such powers or authorities, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, the armed forces.

(2)

Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Yang di-Pertuan

Agong or a Ruler or Yang di-Pertua Negeri or the Government, the Yang di-Pertuan Agong may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in the last preceding subsection, issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.