CMA Foundation · Fundamentals of Business Laws and Business Communication · Primary and Subordinate Legislation
A rule made by a Ministry under an Act is challenged because it imposes a tax that the parent Act never authorised. A court is most likely to hold that the rule is:
The court is likely to hold the rule invalid as ultra vires the parent Act. Subordinate legislation derives its authority from the enabling Act and cannot go beyond it, so a tax not authorised by the Act is void and need not wait for repeal.
- AValid, since the Ministry is part of the executive
- BValid, since subordinate legislation can expand the parent Act
- CInvalid for being ultra vires the parent ActCorrect
- DValid until Parliament formally repeals it
Explanation
Delegated legislation must stay within the powers granted by the parent Act. A rule imposing a tax not authorised by the Act goes beyond that authority and is ultra vires, so courts can declare it void. It does not need to wait for repeal by Parliament.
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