General provisions with respect to power given to any authority to make subsidiary legislation
Open ↗19. When any Act confers powers on any authority to make subsidiary legislation, the following provisions have effect with reference to the making and operation of the subsidiary legislation unless the contrary intention appears:(a)
subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made subject to the following provisions:(i)
where any Act is to come into operation on a date to be fixed by subsidiary legislation, the power to make the subsidiary legislation does not include the power of amending, revoking or suspending the same; and
(ii)
where the authority has been replaced wholly or partially by another authority, the power conferred herein upon the original authority may be exercised by the replacing authority concerning all matters or things within its jurisdiction as if it were the original authority;
(b)
when any Act confers powers on any authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental thereto, the enumeration of the special purposes does not derogate from the generality of the powers conferred with reference to the general purpose; and
(c)
subsidiary legislation made under an Act must not be inconsistent with the provisions of any Act.
Additional provisions as to subsidiary legislation
Open ↗20. The following provisions also apply to subsidiary legislation:(a)
authority to make subsidiary legislation includes —(i)
authority to provide that a contravention thereof shall be punishable by a fine not exceeding $2,000 or with imprisonment for a term not exceeding 12 months or both as may be specified in the subsidiary legislation;
(ii)
authority to amend any forms prescribed by the written law under which the subsidiary legislation was made;
(iii)
authority to prescribe new forms for the purpose thereof and for the purpose of the subsidiary legislation; and
(iv)
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;
(b)
authority to provide for fees and charges shall include authority to provide for —(i)
the determination of the manner and method of payment and 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; and
(ii)
the imposition of —(A)
charges and penalties for the late payment thereof; and
(B)
interest on any outstanding amount of any fee, charge or penalty referred to in this paragraph or for any payment thereof by instalment; and[Act 4 of 2008 wef 01/04/2024]
(c)
a reference in a written law to another written law includes a reference to any subsidiary legislation made thereunder.
Use of defined terms in subsidiary legislation
Open ↗21. Where any Act confers powers to make any subsidiary legislation, expressions used in the subsidiary legislation have the same meanings as in the Act conferring the power, unless the contrary intention appears.
Anticipatory exercise of powers
Open ↗22. Where an Act or any part thereof does not come into operation immediately on its passing and the Act or that part confers power (or amends another Act to confer power) to make subsidiary legislation or to make appointments or to issue notifications or to prescribe forms or to do any other thing for the purposes of the Act or that part (or the Act being amended), then, unless the contrary intention appears, the power may be exercised and any subsidiary legislation, appointment, form or thing made, issued, prescribed or done under the power may be made, issued, prescribed or done so as to take effect at any time after the passing of the Act so far as may be necessary or expedient for the purpose of —(a)
bringing the Act or that part into operation; or
(b)
giving full effect to the Act or that part (or the other Act as amended) on or after the day on which it comes into operation.[4/2021]
Commencement of subsidiary legislation
Open ↗23.—(1) Subsidiary legislation made under any Act or other lawful authority —(a)
unless it is otherwise expressly provided in any Act, must be published in the Gazette; and
(b)
unless it is otherwise provided in the subsidiary legislation, takes effect and comes into operation on the date of its publication.
(2) Any such subsidiary legislation may be made to operate retrospectively to any date not being a date earlier than the commencement of the Act or the establishment of the authority by or under which the subsidiary legislation is made.
Judicial notice of subsidiary legislation
Open ↗24. Judicial notice is to be taken of all subsidiary legislation made or purporting to be made under any Act or other lawful authority.
Construction of amending subsidiary legislation
Open ↗25. Where subsidiary legislation amends other subsidiary legislation, the amending subsidiary legislation is, so far as is consistent with the tenor thereof and unless the contrary intention appears, to be construed as one with the amended subsidiary legislation.
Acts done under subsidiary legislation to be deemed to be done under Act
Open ↗26. An act is deemed to be done under any Act or by virtue of the powers conferred by any Act or in pursuance or execution of the powers of, or under the authority of any Act, if it is done under, or by virtue of, or in pursuance of, subsidiary legislation made under any power contained in the Act.
Reference to Act to include subsidiary legislation
Open ↗26A. Unless the contrary intention appears, a reference in any written law to an Act is to be construed so as to include a reference to any subsidiary legislation made under that Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
