Interpretation and General Clauses Act · 2022 Revised Edition · Part · Subsidiary Legislation and Instruments
16. Publication
Official textFrom Attorney General's Chambers, unchanged
Power to make subsidiary legislation shall, unless another method of publication is authorised, be deemed to include a direction to publish it in the Gazette and, without prejudice to the provisions of sections 15 and 18, a direction that it shall come into operation on the date of its publication.
If the particular form or manner of publication of any legislation or instrument has not been provided for, then, without prejudice to subsection (1) and to any form or manner which may be deemed sufficient, it is deemed to be duly published if it is published in such form or manner as the Minister shall direct.
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;
Without prejudice to subsection (1), a provision in any written law that subsidiary legislation of any description shall be made or published in the Gazette is not deemed to prohibit the making of any such subsidiary legislation otherwise than in the Gazette; and such provision is deemed to have been complied with if, after such subsidiary legislation has been made, the fact that such subsidiary legislation has been made, and the contents thereof, are published, by signification or otherwise, in the Gazette.
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;
Without prejudice to subsection (6), subsection (3) applies to instruments not constituting subsidiary legislation, with the modification that it shall suffice to publish the purport thereof.
subsidiary legislation
“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
The expression “notification in the Gazette” shall not import a duty to execute any formal instrument or to use any words denoting notification, but shall nevertheless import a direction to effect publication in the Gazette in an appropriate manner.
Gazette
“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;
Interpretation and General Clauses 32
Nothing in the definition of “instrument” as read with this section shall import either a duty or direction to execute any formal instrument, unless the same is otherwise required, or a direction to publish the fact that an instrument has been made, unless such is in fact the case.
definition
“definition” means the interpretation given by any written law to words or expressions;
Terms defined in s 3
definition
Defined · s 3“definition” means the interpretation given by any written law to words or expressions;
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;
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;
Minister
Defined · s 3“Minister” means a person appointed under the provisions of Article 4(3) of the Constitution;
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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