Commentary Part 1: General Order-Making Powers Section 22: Restriction on creation of criminal offences
62.Section 22 restricts the order-making powers in the preceding provisions of the Act in respect of the creation of criminal offences. An order may not create an offence where the offence is punishable by a term of imprisonment, or a fine, which exceeds certain limits. This does not prevent the repeal and re-enactment of an offence (subsection (5)).