6.3 Subordinate legislation must be within power

Subordinate legislation must be within power, that is, within the scope of the Act under which it purports to be made. Subordinate legislation that is not within power is commonly referred to as being ‘ultra vires’ (beyond the power). To be lawful, subordinate legislation must have a sufficient connection with the Act under which it is made.

Last updated: 3 November, 2024

Last reviewed: 13 November, 2013