Federal Statute, State Legislation and Subsidiary Legislation

Question 1

Federal Statutes

Answer 1

• A legislation/Act/Statute in Malaysia refers to a law enacted by the Parliament (Dewan Rakyat & Dewan Negara)
• Laws enacted by the Parliament are called Acts but those made between 1 April 1946 and 10 September 1959 are called Ordinances

Question 2

Types of Act (4)

Answer 2

• Principle
• Amendment
• Revised
• Consolidated

Question 3

Principle Act

Answer 3

Most common act

Question 4

Amendment Act

Answer 4

• An act made changes to a Principal Act.
• If there are many amendments made to a Principle Act, Percetakan Nasional Malaysia Berhad which is the official government printer may print new copies or reprint the Act.

Question 5

Revised Act

Answer 5

• Refers to changes made to the Principle Act due to technical, grammatical and typographical errors but do not affect the substance of the law.
• Power to carry this out is given to Commissioner of Law Revision who is appointed under the Revision of Laws Act 1968

Question 6

Consolidated Act

Answer 6

An act which combines more than one Act which have been passed in the past by the Parliament.

Question 7

Examples of Principal Act (5)

Answer 7

➢Legal Profession Act 1976
➢DNA Identification Act 2009
➢Water Services Industry Act 2006
➢Road Transport Act 1987
➢Abolition of Mandatory Death Penalty Act 2023

Question 8

Examples of Amendment Act (4)

Answer 8

➢Insolvency (Amendment) Act 2020
➢Copyright (Amendment) Act 2022
➢Sexual Offences against Children (Amendment) Act 2023
➢ Road Transport (Amendment) Act 2023

Question 9

Examples of Revised Act (3)

Answer 9

➢Waters Act 1920 (Revised - 1989)
➢Sedition Act 1948 (Revised - 1969)
➢Penal Code (Revised - 1997)

Question 10

Examples of Consolidated Act (2)

Answer 10

Interpretation Acts 1948 And 1967

Question 11

Legislative Process (4)

Answer 11

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

Question 12

Pre-parliamentary Stage

Answer 12

1. Minister who wishes to make a new law formulates intended policy decisions/provides a proposal, often derived from election manifestos or the Ministry’s policy.
2. Consultations with stakeholders, including NGOs, experts and relevant government agencies to discuss and consider on the new bill.
3. After every member has agreed on the principles of the bill, it is then sent to the Parliamentary Draftsmen in the Attorney
   General’s Chambers to draft the bill.
4. When the draft is completed, it will be sent to the Cabinet for approval.
   (Only when the cabinet approves the draft, the bill can proceed to the Parliamentary Stage.)

Question 13

Parliamentary Stage: Dewan Rakyat

Answer 13

First Reading
- When a bill is first introduced, only its title is accurately read. (no debate)
- After the bill is passed at this stage, its text is printed and distributed.

Second Reading
- Minister in charge explains its main purpose and the main issues of the policy involved.
- General principles of the Bill are debated.
- Voting is made on simple majority (Voice or Block voting).
- For Constitutional Amendment, 2/3 majority is required.

Committee Stage
- Specific debates on all provisions, schedules.
- Amendments will be discussed in this stage.

Third Reading
- Voting for the second time.
- Long title will be read again with all the amendments.
- The House then either passes or defeats the bill.

Question 14

Parliamentary Stage: Dewan Negara

Answer 14

• A similar process in the Dewan Rakyat will take place.
• Once the Bill is passed by the Dewan Negara, it will be referred back to the Dewan Rakyat.

Question 15

Royal Assent

Answer 15

• Once a Bill is passed by both houses, it is presented to the YDPA for royal assent.
• According to Article 66(4) of FC, the Agong must assent to the Bill within 30 days by affixing the Public Seal.
• Under Article 66(4A), if the Agong does not provide assent within this period, the Bill automatically becomes law after the 30-day timeframe, as if the assent had been given.

Question 16

Publication

Answer 16

• An Act of Parliament cannot come into force unless and until it is officially published via Warta Kerajaan Malaysia (Federal Gazette).
• The Act comes into effect on the date specified in the Gazette.
• If there is no prescribed date, it comes into force immediately after its publication.

Question 17

State Enactments & Ordinances

Answer 17

• The law-making process in a State Legislative Assembly is simpler than at the federal level, as it involves only one council.
• SLA can only make law on matters listed
  under the State List or Concurrent List under the Ninth Schedule of FC.
• Laws by SLA are called Enactments, except in Sarawak, where they are Ordinances.
• Royal Assent is given by the Ruler of each State.
• The laws will become official when they are
  published by the State Gazette.

Question 18

Matters under State List (6)

Answer 18

• Religion of Islam
• Land
• Agriculture
• Forestry
• Permits and licenses for prospecting for mines
• Local administration

Question 19

Matters under Concurrent List (6)

Answer 19

• Scholarship
• Drainage and irrigation
• Culture and sports
• Social welfare
• Preservation of heritage
• Town and country planning

Question 20

Subsidiary Legislation

Answer 20

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

Question 21

Purposes of Subsidiary Legislation

Answer 21

• To save legislative bodies time by delegating the creation of detailed laws.
• To handle technical matters that need expert knowledge, as legislative bodies only deal with general and broad principles.
• To enable law-making when legislative bodies are not in session or to simplify the process.

Question 22

Mechanisms to Control Subsidiary Legislation (4)

Answer 22

Subsidiary legislation, made by the executive, challenges the concept of separation of powers, so mechanisms are in place to ensure it stays within the limits of the parent Act.

• Consultation
• Publication
• Legislative Control
• Judicial Control

Question 23

Consultation

Answer 23

Before making subsidiary legislation, the relevant bodies must consult advisory groups and stakeholders involved in the subject matter.

Question 24

Publication

Answer 24

Some statutes require publication in the Gazette for the law to take effect, either on the publication date or another specified date.

Question 25

Legislative Control

Answer 25

A statute may require subsidiary legislation to be presented to the Dewan Rakyat, which can then repeal or change it.

Question 26

Judicial Control

Answer 26

Through judicial review, courts can declare subsidiary legislation void if it conflicts with any Act of Parliament or State Enactment.

Question 27

Ramachandram s/o Appalanaidu & Ors v Dato Bandar Kuala Lumpur & Anor [2012] 6 MLJ 519 (COA)

Answer 27

• The Court of Appeal ruled that subsidiary legislation cannot exceed the scope of the enabling legislation.
• Codified in Section 23 of the Interpretation Act, stating that any subsidiary legislation inconsistent with an Act, including the Act it was made under, is void to the extent of the inconsistency.