Malaysia legislation
Section 14
Section 14
The following provisions shall apply to subsidiary legislation:
(a)
authority to make subsidiary legislation shall include—
(i)
authority to provide that a contravention of it shall be punishable by such fine, not exceeding fifty thousand ringgit, and with imprisonment for such term, not exceeding three years, as may be specified in the subsidiary legislation;
(ii)
authority to amend any forms prescribed by the law under which the subsidiary legislation was made;
and
(iii)
authority to prescribe new forms for its purpose and for the purpose of the subsidiary legislation;
To include reduction of fees, etc.
(b)
authority to provide for fees and charges shall include authority to provide for the reduction, waiver or refund of them, either generally or in any particular event or case or class of cases, or in the discretion of any person;
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Subsidiary legislation has same force and effect as if contained in law under which made
(c)
subsidiary legislation shall have the same force and effect and be as binding and shall be construed for all purposes as if it had been contained in the law under which it was made;
Where subsidiary legislation requires approval
(d)
whenever any written law provides that the subsidiary legislation shall be subject to the approval of the Dewan
Undangan Negeri or of any other authority, or contains words to the like effect then—
(i)
the subsidiary legislation shall be submitted for the approval of that authority;
(ii)
that authority shall have power to amend or disapprove the whole or any part of the subsidiary legislation and may, if it disapproves of it either in whole or in part, require further subsidiary legislation to be submitted for approval;
(iii)
a statement by the approving authority, purporting to be made under the provision of that written law by which approval is required, that specified subsidiary legislation has been made with the approval of that authority shall, until the contrary is proved, be evidence that the subsidiary legislation was duly made and the requisite approval duly obtained;
(iv)
where the approving authority is the Yang di-Pertua Negeri or an authority outside Sarawak, a statement by the person authorized to make the subsidiary legislation that that legislation is or has been made with the approval of the Yang di-Pertua Negeri or such other authority shall, until the contrary is proved, be evidence that that approval has been duly obtained;
(v)
subparagraphs (iii) and (iv) shall apply whether or not the power to amend conferred by subparagraph (ii) has been exercised and, if the statement appears in a publication authorized by that written law, whether or not publication has been made in the Gazette;
and it shall not be necessary to specify in what respect the subsidiary legislation originally submitted has been amended; and
(vi)
the expression “the approving authority” shall include a person authorized by section 18, 19 or otherwise to signify on behalf of the authority that its approval has been given; and the expression “the person authorized to make the subsidiary legislation” shall include any person authorized to signify the exercise of the power to make subsidiary legislation vested in such first mentioned person;
Power to make subsidiary legislation for special as well as general purposes
(e)
authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental to it, shall not be construed so as to derogate from the powers conferred with reference to the general purpose;
Reference to written law, Act of Parliament or Imperial
Parliament or Order in Council includes reference to legislation made under it
(f)
a reference in a written law to another written law shall include reference to any subsidiary legislation made under it; and a reference in a written law to an Act of Parliament or the
Imperial Parliament or to an Order in Council shall include reference to any enactment made under it;
Reference to “the Ordinance” in subsidiary legislation
(g)
a reference in the subsidiary legislation to “the
Ordinance” shall be read as meaning the Ordinance under the authority of which the subsidiary legislation was made.
Construction of general penalties provision regarding subsidiary legislation