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SUBSIDIARY LEGISLATION (SL) - Coggle Diagram
SUBSIDIARY LEGISLATION
(SL)
Grounds
Procedural Ultra Vires
Mandatory procedures
a) Table before / in Parliament
b) Publication / gazetted
c) Consultation / advice
d) Opportunity for affected person to file objection
In making SL, administrator musty follow
certain procedures laid down by the parent statute
Agricultural, Horticultural and Forestry Industry Training Board v Aylesbury Mushroom Ltd (1972
)
The regulation was made, and the respondent now argued that it was not bound by the regulations because the industry had not been consulted as required
Having decided that the industry representative should be consulted, the Secretary could not go ahead without doing so. The regulations were not binding on the defendant
Substantive
Ultra Vires
This refer to scope range
and extend of power
provided by a statute
to make SL
The administrator act beyond his power
Ghazali v Public Prosecutor (1964)
The board attached a condition to the licenses issued to Malays that only a Malay driver should be employed to drive such a vehicle
The High Court holds that the Board acted ultra vires in imposing the said condition. It had no power to do so.
Extended Ultra Vires
Retrospective Effect
Enforce before the date of law passed.
Unless permitted by Parent Act
Generally all SL that have retrospective effects are not valid unless the Parent Act expressly allows it
This is referring to a situation where SL has a backdated effect like the enforcement of the SL starts on the date way before it is passed
AG v Cold Storage
The Order made on 1977 and was gazetted. The order was deemed to have come into operation on 28th Oct 1976. The order was thus retrospective in nature and therefore its validity was challenged
The court held under Section 28(2) of the Port Singapore Authority Act gave the Ministry power to make Orders having retrospective effect
Exclusion of Court Clause /
Ouster Clause
Words cannot argue with SL
a) No appeal is allowed
b) Decision of minister is final and conclusive
An administrator must make sure that SL passed must not exclude the courts from making any judicial review
Chester v Bateson
The court declared a regulation invalid because it forbade property owners from having access to courts without the consent of the Minister
Financial Levi
SL cannot impose levy or tax through SL
unless it was permitted by PA
AG v Wilts United Dairies
The appellant brought this case to the court because they were ordered to pay the Controller a levy per gallon of milk purchased
The court held that the levy imposed was not valid because there was no express provision in the parent act which allowed such a levy to be charged
Unreasonabless
Unreasonableness can be defined as absurd or illogic or cannot be accepted by a reasonable minded
Air India v Nergesh Mirza Air
The Air India passed a rule that any hostess would be required to retire on their first pregnancy after marriage. The Supreme Court characterized the rule as unreasonableness which was extremely abhorrent to the notions of a civilised society and which amounted to an open insult to Indian womanhood
Definition / Introduction
Section 3 of the Interpretation Act 1948 & 1967 defines subsidiary legislation as any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority & having legislative effect
Section 23(1) & 87(d) of the Interpretation Act stated any subsidiary legislation inconsistent with an Act or Enactment shall be void to the extent of inconsistency
This means that the SL made must not only be within the scope of the Parent Act, it must also be parallel with the provisions of any other acts of the Parliament