Opinion Number. 1112

Subject

WAR GRATUITY
GENERAL REGULATION-MAKING POWER: INCLUDES POWER TO PRESCRIBE PENALTIES

Key Legislation

WAR GRATUITY ACTS 1920, s. 20

Date
Client
The Secretary to the Treasury

With reference to your memorandum of 5 July 1921, I have to inform you that although the War Gratuity Acts 1920 do not in express terms give power to make regulations for providing penalties against the regulations generally, this Department has taken the view that a general power to make regulations for carrying an Act into effect would include power to make regulations prescribing penalties for breaches of the regulations. At the same time, it is desirable that when a Bill is being drawn an express power to this effect should be taken if it is likely to be required.

There is, I think, power under the Act to make a regulation in the terms proposed by you. Draft regulation herewith.(1)

[Vol.17, p. 474]

(1)Draft Regulation not found