Interpretation and General Clauses Act · 2022 Revised Edition · Part · Subsidiary Legislation and Instruments
13. Powers included in authority to make subsidiary legislation
Official textFrom Attorney General's Chambers, unchanged
The following provisions apply to subsidiary legislation —
subsidiary legislation
“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
authority to make subsidiary legislation shall include —
authority to provide that a contravention thereof shall be punishable by imprisonment for such term, not exceeding 6 months, or with such fine not exceeding
$10,000, or by both such fine and imprisonment, as may be specified in the subsidiary legislation;
authority to amend any forms prescribed by the written law under which the subsidiary legislation was made;
authority to prescribe new forms for the purpose thereof and for the purpose of the subsidiary legislation; and
authority to provide for the manner and method in which any document, record, application, permit, approval or licence may be submitted, issued or served by electronic means, or for the authentication thereof;
To include reduction of fees etc.
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 cases, or in the discretion of any person;
person
“person” includes any company or association or body of persons, corporate or unincorporate; and this interpretation applies notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
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 written law under which it was made;
written law
“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
Interpretation and General Clauses 28
Where subsidiary legislation requires approval
whenever any written law provides that the subsidiary legislation shall be subject to the approval of the Legislative Council or of any other authority, or contains words to the like effect, then —
Legislative Council
“Legislative Council” means the Legislative Council established by Article 23 of the Constitution;
the subsidiary legislation shall be submitted for the approval of such authority;
such authority shall have power to amend or disapprove the whole or any part of the subsidiary legislation, and may, if it disapproves of either in whole or in part, require further subsidiary legislation to be submitted for approval;
a statement by the approving authority, purporting to be made under the provision of such written law whereby approval is required, that specified subsidiary legislation has been made with the approval of such authority shall, until the contrary is proved, be evidence that the subsidiary legislation was duly made and the requisite approval duly obtained;
the provisions of sub-paragraph (iii) apply whether or not the power to amend conferred by sub-paragraph
has been exercised and, if the statement appears in a publication authorised by such written law, whether or not publication has been made in the Gazette, and it shall not be necessary to specify in what respect, if any, the subsidiary legislation originally submitted has been amended; and
the expression “the approving authority” shall include a person authorised by section 17 or otherwise to signify on behalf of the authority that its approval has been given; and the expression “the person authorised to make the subsidiary legislation” shall include any person authorised to signify the exercise of the power to make subsidiary legislation vested in such first-mentioned person;
Interpretation and General Clauses
Power to make subsidiary legislation for special as well as general purposes
authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental thereto, shall not be construed so as to derogate from the powers conferred with reference to the general purpose;
Reference to written law includes reference to legislation thereunder
a reference in a written law to another written law shall include reference to any subsidiary legislation made thereunder;
where any Act confers powers to make any subsidiary legislation, expressions used in the subsidiary legislation shall, unless the contrary intention appears, have the same respective meanings as in the Act conferring the power.
act
“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
Terms defined in s 3
act
Defined · s 3“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
amend
Defined · s 3“amend” includes repeal, add to or vary and the doing of all or two or more of such things simultaneously or by the same instrument;
Gazette
Defined · s 3“Gazette” or “Government Gazette” means the Gazette published in electronic or other form by the order of the Government, and includes Parts thereof, any Supplement thereto or any Extraordinary Gazette so published;
Legislative Council
Defined · s 3“Legislative Council” means the Legislative Council established by Article 23 of the Constitution;
person
Defined · s 3“person” includes any company or association or body of persons, corporate or unincorporate; and this interpretation applies notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
subsidiary legislation
Defined · s 3“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
written law
Defined · s 3“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
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Powers and Appointments
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Delegation of Powers
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Penal Provisions
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