Chapter 6: Federal Statutes, State Enactments and Subsidiary Legislation

What are the mechanisms to Control Subsidiary Legislation?

1. Consultation - Relevant individuals/bodies who are going to make the law must seek prior consultation from relevant advisory bosies/interest groups who are involved. 2. Publication - Some legislation or statues make the publication via Gazette as mandatory. - It will become effective from the date of such publication 3. Legislative control - statue may provide that any subsidiary legislation shall be laid before the DR 4. Judicial control - Through a judicial review - Courts may declare a subsidiary legislation as old if it is inconsistent with any Act of Parliament or State Enactment

Parliamentary stage: Dewan Rakyat

1. First reading - Reading long title of the Bill (no debate) 2. Second reading - General principles of the Bill are debated - Voting is made on simple majority - For Constitutinonal Amendment 2/3 majority is required 3. Committee Stage - Specific debates on all provisions, schedules - Amendments will be discussed 4. Third Reading - Voting for the Second time - Long title will be read again and passed by the Dewan Rakyat.

Examples of Amendment Act

1. Insolvency (Amendment) Act 2020 2. Copyright (Amendment) Act 2022 3. Sexual Offences against Children (Amendment) Act 2023 4. Road Transport (Amendment) Act 2023

Example of Consolidated Act:

1. Interpretation Acts 1948 and 1967

Examples of Principle Acts:

1. Legal Profession Act 1976 2. Deoxyribonucleic Acid (DNA) Identification Act 2009 3. Water Services Industry Act 2006 4. Road Transport Act 1987 5. Abolition of Mandatory Death Penalty Act 2023

Legislative Process:

1. Pre-Parliamentary Stage 2. Parliamentary Stage 3. Royal Assent 4. Publication

What are the four types of acts?

1. Principle Act 2. Amendment Act 3. Revised Act 4. Consolidated Act

Examples of Matters under State list

1. Religion of Islam 2. Land 3. Agriculture 4. Forestry 5. Permits and licenses for prospecting for mines 6. Local administration

What are Federal Statues?

- A legislation / Act or Statute in Malaysia refers to a law enacted by the Parliament (DR/DN) - Laws enacted by the Parliament are called Acts - But those made between 1 April 1946 and 10 September 1959

Ramachandram s/o Appalanaidu & ors V dato Bandar Kuala Lumpur & Anor [2012]

- A subsidiary legislation may not be broader than the enabling legislation - The general principle of statutory interpretation is codified in Section 23 of the Interpretation Act, which provides that 'Any subsidiary legislation that is inconsistent with an Act (including the Act under which the subsidiary legislation was made) shall be void to the extent of the inconsistency'

What is the Amendment Act?

- Act made changes to a Principle act - If there are any amendments made to a Principle Act, Percetakan National Malaysia Bread which is the official gov. printer may print newer copies or reprint it

Publication

- An act of Parliament cannot come into force unless and until it is officially published via Warta Kerajaan Malaysia (Federal Gazette) - An Act comes into force on a prescribed date on the gazette - If there is no prescribed date, it comes into force immediately following the date of its publication in the Gazette

What is the Consolidated Act?

- An act which combines more than one Acts which have been passed in the past by the Parliament

Article 66(4A)

- If a Bill is not assented to by the YDPA within the time specified in clause (4) it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented thereto.

State Enactments & Ordinances

- In every state, there is a legislative body that enacts law that is applicable for the state. - Process of law-making in the State Legislative Assembly is more or less similar to the legislative process for Federal Statues

What is the Pre-Parliamentary Stage?

- Intended policy decisions (from election manifesto) - Consultative stage with relevant stakeholders like NGOs, experts, government agencies involved - Proposal is sent to Parliamentary Draftsman in Attorney General's Chambers of Malaysia to draft the Bill - Approval from cabinet to table the Bill in parliament.

What is Subsidiary Legislation?

- Law made through powers delegated by the legislature to a body or person based on the provision in the parent statute.

Examples of Matters under the Concurrent list

1. Scholarship 2. Drainage and Irrigation 3. Culture and Sports 4. Social welfare 5. Preservation of heritage 6. Town and country planning.

State Enactments & Ordinances

- Laws enacted by the State Legislative Assemblies are called Enactments except for Sarawak where they are called Ordinances - Royal Assent is necessary (given by the Ruler of the State) - Laws will become official where they are published by the State Gazette (Warta Negara0

Why is Subsidiary Legislation needed?

- Legislative bodies have insufficient time to enact laws detailed in every aspect. - Many laws involve technical and specific matters. - Experts are needed to legislate them - Legislative bodies are not always in session and the procedures involved in enacting laws are cumbersome

What is the Principle Act?

- Most common one. - Act that covers law on that particular subject/area

What is the Revised Act?

- Refers to changes made to the Principle Act due to technical/grammatical/typographical error - Does not effectt the substance of the law - The power to carry out this task is given to the Commissioner of Law Revision who is appointed under the Revision of Laws Act 1968

Parliamentary Stage: Dewan Negara

- Similar process in the Dewan Rakyat will take place. - once the Bill is passed by the DN, it will be referred back to the DR

Power if State Legislative Assemblies to make laws

- State legislative Assemblies can only make law on matters listed under the State List or the Concurrent List under the Ninth Schedule of the Federal Constitution.

What is the Royal Assent?

- When the Bill is passed by both Dewan(s), it is presented to YDPA for his assent (agreement) - YDPA shall within THIRTY DATYS after a Bill is presented to him assent to the Bill by causing the Public Seal to be affixed thereto.

Examples of Revised Act

1. Waters Act 1920 (Revised - 1989) 2. Sedition Act 1948 (Revised - 1969) 3. Penal Code (Revised - 1997)