Interpretation and General Clauses Ordinance

(1)
Where an Ordinance confers power on a person to make subsidiary legislation, the following provisions shall have effect with reference to the subsidiary
legislation—
(Amended
89 of 1993 s. 11
)
(a)
when any subsidiary legislation purports to be made in exercise of a particular power or powers, it shall be deemed also to be made in exercise of all other powers that enable its making;
(Amended
89 of 1993 s. 11
)
(b)
no subsidiary legislation shall be inconsistent with the provisions of any Ordinance;
(c)
subsidiary legislation may at any time be amended by the same person and in the same manner by and in which it was made;
(Amended
89 of 1993 s. 11
)
(ca)
where the person referred to in paragraph (c) has been replaced wholly or in part by another person, the power conferred by paragraph (c) may be exercised by the other person for all matters in his jurisdiction as if he were the original person;
(Added
89 of 1993 s. 11
)
(d)
where any Ordinance confers power on any person to make subsidiary legislation for any general purpose, and also for any incidental special purpose, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose;
(Amended
89 of 1993 s. 11
)
(e)
subsidiary legislation may provide that a contravention or breach of the subsidiary legislation is an offence punishable on summary conviction by such fine not exceeding $5,000 or by such term of imprisonment not exceeding 6 months as may be specified in the subsidiary legislation or by both such fine and imprisonment;
(Amended
23 of 1981 s. 2
;
89 of 1993 s. 11
)
(f)
subsidiary legislation may amend any forms contained in the Ordinance under which such subsidiary legislation is made and may prescribe new forms.
(Amended
89 of 1993 s. 11
)
(g)
(Repealed
89 of 1993 s. 11
)
(2)
Subsidiary legislation shall be published in the Gazette.
(Added
89 of 1993 s. 11
)
(3)
Subsidiary legislation comes into
operation—
(a)
at the beginning of the day on which it is published; or
(b)
if provision is made for it to commence on another day, at the beginning of that other day.
(Added
89 of 1993 s. 11
)
(4)
A person who makes subsidiary legislation may provide for the subsidiary legislation to commence on a day to be fixed by notice to be given by him or by some other person designated in the subsidiary legislation.
(Added
89 of 1993 s. 11
)
(5)
If subsidiary legislation is to commence on, or be repealed from, a day to be notified in the Gazette, the notice may fix different days for different provisions to commence or from which different provisions are to be repealed and different notices may fix different days for different provisions.
(Added
89 of 1993 s. 11
)