Interpretation and General Clauses Act · 2022 Revised Edition · Part · Subsidiary Legislation and Instruments
15. Extent of power to make subsidiary legislation or instruments or perform acts of similar nature
Official textFrom Attorney General's Chambers, unchanged
Whenever by or under any written law power is given to His Majesty the Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang
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;
Di-Pertuan in Council, any public officer or body or any other authority (in this section referred to as “the authority empowered”) to —
public officer
“public officer” means the holder of any public office and includes any person appointed to act in any such office;
make subsidiary legislation; or
subsidiary legislation
“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
make, issue or approve any order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, it shall include the power of amending or suspending such subsidiary legislation, order,
Proclamation
“Proclamation” includes a Proclamation made by or under the authority of the Military Commander during the period of the British Military Administration;
Proclamation, instrument, declaration, direction, instruction, notification, register or list, or withdrawing approval thereof, in the same manner as it was made, approved or issued, and shall include the power of declaring the date (including a date prior to that upon which it is declared) as from which it shall have or be deemed to have had effect, and the period of its operation, and of substituting another therefor:
instrument
“instrument” includes any publication in the Gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information;
Provided that —
the power of declaring the date of commencement is not deemed to include power to appoint a date of commencement prior to the commencement of the written law conferring the power; and, if, in pursuance of such 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 cognisance of such 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 such subsidiary legislation;
where any Act is to come into operation on a day to be fixed by Proclamation, notification or other instrument, the power to issue such Proclamation, notification or other instrument shall not include,
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;
Interpretation and General Clauses except in the case of, and for the purpose of, correcting any mistake therein, the power of amending or suspending the same; and
where the authority empowered has been replaced wholly or partially by another authority, the power conferred herein 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.
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;
His Majesty the Sultan and Yang Di-Pertuan
Defined · s 3“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan; (b) where appropriate, a Council of Regency; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
instrument
Defined · s 3“instrument” includes any publication in the Gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information;
offence
Defined · s 3“offence” means any act punishable under any law for the time being in force in Brunei Darussalam;
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;
Proclamation
Defined · s 3“Proclamation” includes a Proclamation made by or under the authority of the Military Commander during the period of the British Military Administration;
public officer
Defined · s 3“public officer” means the holder of any public office and includes any person appointed to act in any such office;
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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