Section 25
of Interpretation And General Clauses Enactment 1963
Section 25
The following provisions shall, unless the contrary intention appears, have effect with regard to subsidiary legislation –
(a)
no subsidiary legislation shall be inconsistent with the provisions of any
Enactment;
For the purposes of this paragraph, any subsidiary legislation made under an
Enactment is not inconsistent with that Enactment or any other Enactment merely by reason of the absence in the Enactment under which it is made of any provision relating to the commencement, application, operation, interpretation or construction of the subsidiary legislation or to any other matter in connection with such subsidiary legislation if provision, relating to the commencement, application, operation, interpretation or construction of, or other matter in connection with, subsidiary legislation generally are contained in this Enactment.
(b)
subsidiary legislation may at any time be amended, varied, rescinded, revoked or suspended, or such suspension removed, by the same authority and in the same manner by and in which it is made:
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Provided that –
(i)
where any Enactment is to come into operation on a date to be fixed by subsidiary legislation the power to make such legislation shall not include the power of amending, revoking or suspending the same;
(ii)
where any such authority has been replaced wholly or partially by another authority, the power conferred hereby upon the original authority may be exercised by the replacing authority concerning all matters and things within its jurisdiction as if it were the original authority;
(c)
where any Enactment confers power on any authority to make subsidiary legislation for any general purpose and also for any special purposes incidental thereto, the enumeration of such special purposes shall not be deemed to derogate in any manner whatsoever from the generality of the powers conferred with reference to such general purpose;
(d)
there may be annexed to the breach of any subsidiary legislation such penalty not exceeding one thousand ringgit or such term of imprisonment not exceeding six months, or both, as the authority making such legislation may think fit;
(e)
such subsidiary legislation may amend any forms prescribed by the Enactment under which it is made and prescribe new forms for the purposes thereof and for the purposes of the subsidiary legislation;
(f)
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 case or in the discretion of any person;
(g)
where an Enactment conferring power on any authority to make a particular form of subsidiary legislation is repealed or amended so that while a subsidiary legislative power over similar subjects is provided the form thereof is changed, any subsidiary legislation made and in force under the repealed or amended
Enactment shall, in so far as it concerns matters or things within the jurisdiction of the authority constituted under the repealing or amending Enactment, be
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deemed to have been made by that authority and shall continue in force until other provisions shall be made by virtue of such last-mentioned Enactment;
(h)
all regulations shall be laid before the Legislative Assembly as soon as may be after they are made, and, if a resolution is passed by the Assembly within the next subsequent twenty-one days on which the Assembly has sat after any such regulation is laid before it that the regulation be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the making of any new regulation.
Penalties in subsidiary legislation.