Interpretation and General Clauses Act · 2022 Revised Edition · Part · Subsidiary Legislation and Instruments
14. Construction of general penalties provision regarding subsidiary legislation
Official textFrom Attorney General's Chambers, unchanged
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 such written law shall constitute an offence, or prescribing punishment for breach or contravention of such subsidiary legislation, is deemed to include power to prescribe by such subsidiary legislation that the contravention of any particular provision therein shall or shall not constitute an offence, and to include power to prescribe by such subsidiary legislation punishment therefor not exceeding that so prescribed in such written law for breach or contravention of the subsidiary legislation:
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;
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.
Notwithstanding section 2 —
this section applies to any written law coming into operation prior to the commencement of this Act, notwithstanding any contrary expression in such written law; and
Interpretation and General Clauses 30
this section applies to any written law coming into operation after the commencement of this Act, unless the operation of this section is expressly excluded.
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;
commencement
Defined · s 3“commencement”, used with reference to any written law, means the date upon which such written law comes into operation;
offence
Defined · s 3“offence” means any act punishable under any law for the time being in force in Brunei Darussalam;
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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Delegation of Powers
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Penal Provisions
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