Section 15
Construction of general penalties provision regarding subsidiary legislation
of Interpretation Ordinance, 2005, 2005
—
A provision in any written law to the effect that any breach or contravention of subsidiary legislation made or deemed to be made, or taking effect, by virtue of that written law shall constitute an offence, or prescribing punishment for breach or contravention of
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that subsidiary legislation, shall be deemed to include power to prescribe by that subsidiary legislation that the contravention of any particular provision in it shall or shall not constitute an offence, and to include power to prescribe by that subsidiary legislation punishment for it not exceeding that so prescribed in that written law for breach or contravention of that subsidiary legislation:
Provided that except in so far as the power deemed by this subsection to be included in that provision is exercised, that provision shall be construed and take effect as if no such power had been conferred.
(2)
(a)
This section shall apply to any written law coming into operation prior to the 23rd day of May, 1953, notwithstanding any contrary expression in that written law.
(b)
This section shall apply to any written law coming into operation after the 23rd day of May, 1953, unless the operation of this section is expressly excluded.
Extent of power to make subsidiary legislation or instruments or perform acts of a similar nature 16.
Whenever by or under any written law power is given to the Majlis Mesyuarat Kerajaan Negeri, the Yang di-Pertua Negeri or any public officer or body or other authority (in this section referred to as “the authority empowered”) to make subsidiary legislation or to make, issue or approve any order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, it shall include the power of amending or suspending that subsidiary legislation, order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, or withdrawing its approval, in the same manner as it was made, approved or issued, and shall, notwithstanding the absence of any express provision in any
Ordinance or other written law, where that Ordinance or other written law empowers any person to make subsidiary legislation, include the power of declaring the date (including a date prior to that upon which it is so declared) as from which it shall have or be deemed to have had effect, the period of its operation and of substituting another for it:
Provided that—
(a)
the power of declaring the date of commencement shall not be deemed to include power to appoint a date of commencement prior to the commencement of the written law conferring the power and, if, pursuant to that power, a date of commencement for any subsidiary legislation is appointed which is prior to the date of publication of that subsidiary legislation, no person shall be found guilty of an offence committed prior to the date of publication unless it is proved to the court having cognizance of that offence that that person was, at the time that he committed the act constituting the offence with which he is charged, aware that that act had been constituted an offence under that subsidiary legislation;
(b)
where any Ordinance is to come into operation on a day to be fixed by Proclamation, notification or other instrument, the power to issue that Proclamation, notification or other instrument, shall not include, except in the case of and for the purpose of correcting any mistake in it, the power of amending or suspending it; and
(c)
where the authority empowered has been replaced wholly or partially by another authority, the power conferred upon the original authority may be exercised by such other authority concerning all matters or things which it is empowered to do as if it were the original authority.
Publication of subsidiary legislation and instruments