Section 26
of Interpretation And General Clauses Enactment 1963
Section 26
(1)
A provision in an Enactment to the effect that any breach or contravention of subsidiary legislation made or deemed to be made or taking effect by virtue of such
Enactment shall constitute an offence, or prescribing punishment for such breach or contravention, shall be deemed to include power to prescribe by such subsidiary legislation that the contravention of any particular provision shall or shall not constitute an offence and to so prescribe punishment therefor not exceeding that so prescribe by such Enactment:
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)
This section shall apply to any Enactment which came into operation prior to the tenth day of December, 1952, notwithstanding any contrary expression in such Enactment, and to any Enactment coming into operation after that date unless the operation of this section is expressly excluded.
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Acts done under subsidiary legislation deemed done under Enactment.