Definition of 2) “Subsidiary legislation


2) “Subsidiary legislation means any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect.24 (3) Without prejudice to other methods of making an Act or subsidiary legislation publicly available, an Act or subsidiary legislation shall be regarded as having been made publicly available if it has been published online, or by Gazette. 24 An Act or subsidiary legislation shall be regarded as having been made available to the public if it has been published online, or by Gazette.25 This will ensure that there are no onerous publication burdens placed on the Government. This defence will apply to any offence, i.e. it would cover offences with fault elements, strict liability offences26, and absolute liability offences. 24 This is consistent with s 2 of the IA. 25 Currently, under s 23 of the Interpretation Act, all subsidiary legislation made under any Act or other lawful authority shall, unless it is otherwise expressly provided in any Act, be published in the Gazette. Unless it is otherwise provided in the subsidiary legislation, the subsidiary legislation would come into operation on the date of its publication. This would in fact mean that most subsidiary legislation will only come into force upon publication in the Gazette. 26 See Section 19.3 of this report on “Defining strict liability”.