This is a single section from Chapter 14. Read the full chapter here.

Will the secondary legislation have retrospective effect?

If secondary legislation may have retrospective effect, the empowering provision must clearly authorise that in clear and unequivocal terms.

If secondary legislation is intended to have retrospective effect, the reasons for that must be capable of clear articulation and the empowering provision must authorise that effect in clear and unequivocal terms.[1]


[1] See Chapter 12.1 for guidance on legislation having retrospective effect.

This page was last modified on