Under a principal Act, subordinate legislation is required to be gazetted. The subordinate legislation must be gazetted within 21 days of it being issued and commences on the day it is gazetted.
A government department gazetted a piece of subordinate legislation 2 years after it ‘commenced’, retaining the original date. Any person now reading the subordinate legislation is led to believe it commenced 2 years earlier than when it lawfully did.
The subordinate legislation required persons to attain education to qualify for a licence, therefore it has caused a detriment to persons who were not lawfully required to do so.
Since the subordinate legislation was gazetted, the government department has made no statement to acknowledge or address the error. I therefore believe their action of gazetting the subordinate legislation with original date and continued silence is perverting the administration of justice.
I would appreciate all thoughts on the matter.
A government department gazetted a piece of subordinate legislation 2 years after it ‘commenced’, retaining the original date. Any person now reading the subordinate legislation is led to believe it commenced 2 years earlier than when it lawfully did.
The subordinate legislation required persons to attain education to qualify for a licence, therefore it has caused a detriment to persons who were not lawfully required to do so.
Since the subordinate legislation was gazetted, the government department has made no statement to acknowledge or address the error. I therefore believe their action of gazetting the subordinate legislation with original date and continued silence is perverting the administration of justice.
I would appreciate all thoughts on the matter.
