43Power to make subsidiary legislation, general provisions about

##### 43. Power to make subsidiary legislation, general provisions about (1) Subsidiary legislation shall not be inconsistent with the provisions of the written law under which it is made, or of any Act, and subsidiary legislation shall be void to the extent of any such inconsistency. (2) Where any subsidiary legislation purports to be made in exercise of a particular power or powers, it shall be deemed also to be made in exercise of all powers under which it may be made. (3) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of subsidiary legislation have been complied with and performed. (4) Where a written law confers a power to make subsidiary legislation, it shall be deemed also to include a power exercisable in the like manner and subject to the like conditions (if any) to amend or repeal any such subsidiary legislation. (5) Where a written law confers power on a person to make subsidiary legislation for any general purpose and also for any special purposes incidental thereto, the enumeration of the special purposes shall not derogate from the generality of the powers conferred with reference to the general purpose. (6) Subject to section 3(3), regulations, rules, local laws or by‑laws made under a power conferred by an enactment passed after the commencement of this Act may provide that contravention of a provision thereof constitutes an offence and may provide for a penalty in respect of such a contravention not exceeding a fine of $1 000. (7) A power to make subsidiary legislation may be exercised — (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which it is exercised — (i) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or classes of case, or different provisions for the same case or class of case for different purposes of the legislation; or (ii) any such provision either unconditionally or subject to any specified condition. (8) Subsidiary legislation may be made — (a) so as to apply — (i) at all times or at a specified time; (ii) throughout the State or in a specified part of the State; and (b) so as to require a matter affected by the legislation to be — (i) in accordance with a specified standard or specified requirement; (ii) approved by or to the satisfaction of a specified person or body or a specified class of person or body; and (c) so as to confer a discretionary authority on a specified person or body or a specified class of person or body; and (d) so as to provide, in a specified case or class of case for the exemption of persons or things or a class of persons or things from the provisions of the subsidiary legislation, whether unconditionally or on specified conditions or conditions additionally imposed and either wholly or to such an extent as is specified or otherwise determined. (9) In subsections (7) and (8) specified means specified in the subsidiary legislation. [Section 43 amended: No. 14 of 1996 s. 4.]