* Sustainable Energy Development Authority Act Of 2011

Original Language Title: *Sustainable Energy Development Authority Act 2011

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Road Transport 1 laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES 726 Act ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY As at 1 June 2011 2016 2 ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY 2011 date of Assent............ 23 May 2011 date of publication in the Gazette......... 2 March 2011 3 laws of MALAYSIA Act 726 ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY 2011 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II AUTHORITY 3. Establishment of Authority 4. Seal 5. Membership of the Authority 6. Temporary exercise of functions of the Chairman 7. Table 8. The approval to hold other posts 9. The term of Office 10. Remuneration and allowances 11. Revocation of appointment and the resignation of 12. Vacation of Office 13. The Committee 14. Disclosure of interest 4 laws of Malaysia ACT 726 PART III FUNCTIONS and POWERS of the AUTHORITY section 15. Authority functions 16. The power of the authorities of the 17. Additional functions of the authority 18. Delegation of functions and powers of the Authority 19. Directions by Minister 20. Statements, reports, accounts and information 21. The authority may establish and was involved in the incorporation of PART IV of the EMPLOYEES of the AUTHORITY 22. Chief Executive Officer 23. Temporary exercise of the functions of the Chief Executive Officer of 24. Employee appointment Authority 25. Terms of service 26. The payment of retirement benefits, etc.
27. Loans, scholarships and cash advance 28. The authority may adopt regulations, etc.

Part V finance 29. The funds of the Sustainable Energy Development Authority 30. Expenses shall be charged on the funds of the Sustainable Energy Development Authority 31 Section 5. Conservation Fund 32. 33 bank accounts. Power to borrow 34. The investment of 35. Limitations of contract 36. Financial arrangements 37. Financial year 38. Account and report of PART VI GENERAL 39. Restrictions on the use of the symbol or symbol of Authority 40. Offence for unauthorized modification of information in the custody of Authorities 41. Prosecution 42. 43 public servants. Protection against legal and legal proceedings 44. Public authorities Protection Act 1948 45. Obligations of confidentiality 46. Representation in civil proceeding 47. The power to make regulations 48. Power to employ 49. Things done in anticipation of this Act made table 7 laws of MALAYSIA Act 726 ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY 2011 an act to provide for the establishment of the Sustainable Energy Development Authority of Malaysia and to provide for its functions and powers and for matters connected therewith.

[1 September 2011, P.U. (B) 495/2011;
nationwide, except for Sarawak] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Energy Development Authority Act Sustainable 2011.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates — (a) for the commencement of this Act in different parts in Malaysia;

(b) for the commencement provisions or different parts in this Act; and 8 laws of Malaysia ACT 726 (c) for the commencement of different provisions in this Act in different parts in the country.


Interpretation 2. In this Act, unless the context otherwise requires — "Government entity" includes any Ministry, Department, Office, agency, authority, Commission, Board, Council, Committee or other body, incorporated or unincorporated, for the Federal Government, or any State Government or local government, whether established under law or otherwise;

"Committee" means any Committee established by the authority under section 13;

"Chief Executive Officer" means the Chief Executive Officer appointed under subsection 22 (1) and includes an employee of the Authority appointed under section 23 to serve as Chief Executive Officer;

"Fund" means the Fund established under section 29;

"Renewable energy Fund" has the meaning assigned to it in the renewable energy Act 2011 [Act 725];

"Minister" means the Minister charged with the responsibility for matters relating to the supply of electricity;

"Finance Minister" means the Minister charged with the responsibility for finance;

"Chairman" means the Chairman of the Authority appointed under section 5;
Sustainable Energy Development Authority 9 "authority" means the Sustainable Energy Development Authority established under section 3;

"incentive tariff system" has the meaning assigned to it in the renewable energy Act, 2011;

"renewable energy" has the meaning assigned to it in the renewable energy Act, 2011;

"sustainable energy" means energy, the generation, supply and its use is in such a way so as to meet the needs of the present without compromising the ability of future generations to meet their needs, and includes renewable energy;

"sustainable energy law" means — (a) this Act and any subsidiary legislation made under this Act;

(b) renewable energy Act 2011 and any subsidiary legislation made under the renewable energy Act, 2011; and (c) any other legislation under which the authority shall exercise any of the functions, including any subsidiary legislation made under the legislation.


PART II the AUTHORITIES the establishment of Authority 3. (1) a body corporate known as the Sustainable Energy Development Authority of Malaysia was established.

10 laws of Malaysia ACT 726 (2) the authority shall have perpetual succession and has a seal.

(3) the authority may sue and be sued in the name of him.
(4) subject to and for the purposes of this Act, the authority may, upon such terms as the difikirnya ought to — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any movable or immovable property; and (c) transfer, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred or in any other manner dispose of, or make any arrangements regarding, any movable or immovable property or any interest therein vested in the authorities.


Seal 4. (1) the authority shall have a common seal bearing a design approved by the authorities and such seal may from time to time be broken, changed, altered and made anew as it deems fit by the authorities.

(2) until a seal is provided by the authorities, a stamp bearing the words "Sustainable Energy Development Authority of Malaysia" may be used and shall be deemed to be the common seal of the authority.

(3) the common seal shall be kept in the custody of the Chairman or any other person authorized by the authority, and shall be verified either by the Chairman or any other persons authorized by the Chairman in writing.
Sustainable Energy Development Authority 11 (4) All deeds, documents and other instruments purporting to be sealed with the seal of that and verified accordingly shall, until the contrary is proved, be deemed to have been validly executed.

(5) any deed, document or instrument which, if executed by a person not being a body corporate, is not required in order to be sealed may be executed in the manner similar by a member of the authority or an employee of the authority authorized by the Authority for that purpose.

(6) the common seal of the authority shall be officially and judicially noticed.


Membership of the Authority 5. (1) the authority shall consist of — (a) the following members who shall be appointed by the Minister: (i) the Chairman;

(ii) not less than two but not more than four representatives of the Federal Government; and (iii) not less than three but not more than five other members; and (b) the Chief Executive Officer.

(2) the person appointed under paragraph (1) (a) shall be an experience and demonstrated ability and professionalism in matters relating to sustainable energy, finance, engineering, business administration, or who are otherwise suitable for appointment because knowledge, experience or their academic credentials who are special.

12 laws of Malaysia ACT 726 temporary exercise of functions of the Chairman 6. Temporarily the Minister may appoint any member of the authority, other than the Chief Executive Officer, to act as Chairman during the period when — (a) the Chairman is empty;

(b) the Chairman is not present on duty or not available in Malaysia; or (c) the Chairman, for any other reason, unable to perform the duties of his Office.


Table 7. (1) the provisions of the Schedule shall apply to members of the authority.

(2) the Minister may amend the Schedule by order published in the Gazette.


The approval to hold other posts 8. A member of the Authority may not, while in Office that, hold any Office or employment, whether paid remuneration or not, without the prior approval in writing of the Minister.


The term of Office 9. (1) subject to any conditions specified in the instrument of appointment, a member of the authority shall, unless he sooner resigns or his or her appointment revoked clear in advance, hold office for a term not exceeding the Sustainable Energy Development Authority 13 two years and be eligible for re-election for a maximum of three consecutive terms.

(2) this section shall not apply to the Chief Executive Officer.


Remuneration and allowances 10. (1) the Chairman shall be paid such remuneration and allowances as determined by the Minister.

(2) all members of the authority shall be paid allowances at such rates as may be determined by the Minister.

(3) this section shall not apply to the Chief Executive Officer.


Revocation of appointment and the resignation of the 11. (1) the Minister may, at any time, revoke the appointment of any member of the Authority, other than the Chief Executive Officer.

(2) a member of the authority, other than the Chief Executive Officer, may at any time resign his Office by giving notice in writing to the Minister.


Vacation of Office 12. (1) the Office of a member of the authority shall be vacated: (a) if he dies;

(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
14 laws of Malaysia ACT 726 (ii) an offence under any law relating to corruption or under section 45; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;

(c) if he becomes bankrupt;

(d) if he is of unsound mind or otherwise unable to meet its obligations;

(e) in the case of the Chairman, if he fails to attend meetings of the authority three times in a row without the consent of the Minister;

(f) in the case of a member of the authorities and the Chairman, if he fails to attend meetings of the authority three times in a row without the permission of the Chairman;

(g) if his resignation is accepted by the Minister; or (h) if his appointment is revoked by the Minister.

(2) if any person ceases to be a member of the authority by virtue of any provision of this Act, another person shall be appointed to replace it in accordance with the provisions of the case.


The Committee 13. (1) the authority may establish such committees as it considers necessary or expedient to assist it in the performance of its functions.


Sustainable Energy Development Authority 15 (2) the authority may appoint any of its members to be the Chairman of a Committee.

(3) the authority may appoint any person to be a member of any Committee.

(4) a member of the Committee shall hold office on such terms and for such period as may be specified in the letter of appointment and shall be eligible for re-election.

(5) the authority may revoke the appointment of any member of a Committee.

(6) a member of the Committee may at any time resign by giving notice in writing to the Chairman of the Committee.

(7) a Committee may regulate its own procedure.

(8) a Committee shall be subject to, and act in accordance with any instructions given to the Committee by the authorities.

(9) the authority may at any time discontinue or change the membership of a Committee.

(10) meetings of a Committee shall be held at any time and at any place determined by the Chairman of the Committee.

(11) a Committee shall cause to be — (a) the minutes of all its meetings as signed, maintained and stored in a proper form; and (b) a copy of the minutes of all its meetings are forwarded to the authorities as soon as workable.

16 laws of Malaysia ACT 726 (12) any minutes made of meetings of the Committee shall, if duly signed, admissible in evidence in all legal proceedings without further proved.

(13) every meeting of the Committee in respect of the proceedings has been made in accordance with subsection minitnya (11) and (12) shall be deemed to have been duly convened and held and all members of duly qualified to act.

(14) a Committee may invite any person to attend any of its meetings, for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(15) members of a Committee or any person invited to attend any meeting of a Committee may be paid such allowances and other expenses as determined by the authorities.

(16) no act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the formation of the Committee; or (b) there is any omission, defect or ketidakteraturan that are not touching the merits of it.


Disclosure of interest 14. (1) any member of the authority or any Committee established under section 13 which have or acquire an interest directly or indirectly either on its own, through a member of his family or through its affiliates in connection with any matter under discussion by the authority or Committee shall disclose to the authorities, or the authorities of the 17 Sustainable energy development , as the case may be, the fact of his interest and the interest of the type.
(2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the authority or Committee, as the case may be, in which the matter is discussed and, after the disclosure, the Member — (a) cannot attend or take part in any discussion or decision of the authority or Committee, as the case may be, on the matter; and (b) shall not be counted for the purpose of forming a quorum of the authority or Committee, as the case may be, when the matter is discussed or decided.

(3) a member of the authority or Committee who did not disclose his interest as required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.

(4) no action or proceeding authority or Committee may ditidaksahkan on the ground that any member of the Authority or in breach of this section.

(5) for the purposes of this section — "family member", in relation to a member of the authority or Committee, including — (a) his spouse;

(b) the parent, including the parent's spouse;
18 laws of Malaysia ACT 726 (c) her children, including adopted children or stepchildren;

(d) other siblings, including sibling his spouse; and (e) a husband or wife his children, or siblings; and "allies", in relation to a member of the authority or Committee, means — (a) the person is a member or employee of the trustee (s);

(b) the Member firms or any nominee of his, is a partner;

(c) partner to the Member;

(d) the trustee of a trust under which the Member or a member of his family is a beneficiary; or (e) any corporation within the meaning of the companies Act 1965 [Act 125] which the Member or any nominee of his or of a member of his family is a Director or has a substantial holding of shares in such Corporation.


PART III FUNCTIONS and POWERS of the AUTHORITY authority functions 15. The authority shall have all the functions assigned to it under the sustainable energy law and shall also have the following functions: Sustainable Energy Development Authority 19 (a) to advise the Minister and the Government on all matters relating to sustainable energy, including recommendations on policies, laws and actions that are to be worn to promote sustainable energy;

(b) promote and implement the objectives of the national policy for renewable energy;

(c) encourage, stimulate, facilitate and develop sustainable energy;

(d) implementing, managing, monitoring and reviewing the system of tariff incentives, including conducting investigations, collect, record and maintain the data, information and statistics regarding incentive tariff system and to provide data, information and statistics are to the Minister as required from time to time;


(e) implement sustainable energy law and recommend reforms to the law to the Federal Government;

(f) encourage private sector investment in the sustainable energy sector, including the recommendation to the relevant Government Entities relating to incentive taxes, customs duties and tax exemptions and other fiscal incentives applicable to the investment;

(g) carry out or arrange for the conduct of research, evaluation, research and advisory services, to collect, analyse and publish information, statistics and factors influencing or relating to sustainable energy development, and dissemination of information, statistics and factors related to government entities, the public and the investors or potential investors who invest in sustainable energy;

20 laws of Malaysia ACT 726 (h) operate, encourage and support, in such manner as the Authority thinks fit for research and innovation activities relating to sustainable energy;

(i) carry out, encourage and support, in such manner as it thinks fit by authorities, training or other programmes relating to human resource development and capacity building in the sustainable energy sector;

(j) implement measures to encourage participation of the public and improve awareness of matters relating to sustainable energy;

(k) acts as a focal point to assist the Minister of — (i) the matters relating to sustainable energy;
and (ii) of article global warming in relation to energy; and (l) carry out any other functions conferred by or under any law of the sustainable energy and perform any other functions which is in addition to, incidental to, or arising from any of the functions set out in this section.


Power Authorities 16. (1) the authority shall have power to do all such things as are necessary or expedient for or related to the performance of its functions under the law of sustainable energy.

Sustainable Energy Development Authority 21 (2) without prejudice to the generality of subsection (1), the powers of the authority shall include power — (a) to carry out any activity that commissioning has been found by the authorities is necessary, appropriate or beneficial for or in connection with the performance of its functions;

(b) to cooperate or act together with any Government entity, any company or Corporation, or any body or person, whether local or foreign;

(b) to reach out to, directly or indirectly, be a liaison with, and disseminate information relating to, any investors or potential investors or any grantee or grantee potential, whether local or foreign, with a view to promoting investment and development initiatives sustainable financing in the energy sector in Malaysia;

(d) to appoint agents, experts or consultants as it thinks fit for the purposes of its functions;

(e) to impose fees, costs, or any other charges as it thinks fit for the services rendered by him;

(f) to formulate and implement human resource development programmes and funding and cooperation for the proper performance of its functions and effective;

(g) to provide loans and scholarships to employees of the authority for any purpose approved by the Minister; and (h) to do anything incidental to any of its functions and powers.


22 laws of Malaysia ACT 726 additional Functions the authority 17. (1) in addition to the duties imposed on and the powers vested in the authority by this Act, the authority may operate any other functions, exercise such other powers and spend any money for any purpose submitted or given to it by the Federal Government, and in doing so the authorities shall be deemed to fulfill the purposes of this Act and the provisions of this Act shall apply to the relevant authorities by undertaking such functions the exercise of that power, and the fourth of the money.

(2) the money spent for the purpose under subsection (1) shall be kept separate and apart from the accounts of the Fund and Fund renewable energy in accordance with the renewable energy Act 2011.


Delegation of functions and powers of the authority 18. (1) the authority may, in writing, delegate any of its functions and powers, except the power to borrow money, to get a loan or making the subsidiary legislation, to — (a) the Chairman;

(b) a member of the authority;

(c) a Committee; or (d) an employee of the authority.

(2) without prejudice to subsection (1) and the other provisions of this Act, the authority may delegate to a member of the authority or a Committee or an employee of the authority, the authority to authorize expenditures from the Fund or or any other vested in the Sustainable Energy Development Authority 23 and under the control of the authorities to any extent must be stated by the authorities.

(3) a member of the authority or a Committee or an employee, as the case may be, delegated with functions or such power was bound to observe and take into account all conditions and restrictions imposed by the authorities and all the requirements, procedures and matters specified by the authorities.

(4) any function or power delegated under this section shall be implemented and carried out in the name of and on behalf of the authorities.

(5) a delegation under this section shall not prevent the authorities from implementing their own or carry out any of the functions or powers which have been delegated to that at any time.


Directions by Minister 19. (1) the authority shall be responsible to the Minister.

(2) the Minister may give the authority directions of a general, in accordance with the provisions of the law of sustainable energy, in relation to the implementation of the functions and powers of the authority and the authority shall give effect to such directions.


Statements, reports, accounts and information 20. (1) the authority shall give to the Minister, and any other public authorities specified by the Minister, any statements, reports, accounts and information concerning the activities and their accounting as required or directed by the

The Minister from time to time.

(2) without prejudice to the generality of subsection (1), the authority shall, as soon as reasonably practicable after 24 laws of Malaysia ACT 726 the end of each financial year, cause to be made and sent to the Minister and, if directed by the Minister, to any other public authority a report which deals with the activities of the Authority during the previous financial year.

(3) statement of account, reports, and information shall be in such form and shall contain any information relating to the proceedings and policy authorities and any other matter as specified by the Minister from time to time.


The authority may establish and was involved in the Organization of the Corporation 21. The authority may, from time to time, with the approval of the Minister and the consent of the Minister of finance, set up and involved in any body corporate with any name that is specified by the appropriate authority to carry out and maintain, organize and manage on behalf of the Authorities of any project, scheme or enterprise as determined by the Authority in the performance of its functions or exercise of its powers.


PART IV of the EMPLOYEES of the AUTHORITY Chief Executive Officer 22. (1) the Minister shall appoint a Chief Executive Officer upon such terms and conditions, and shall be paid such remuneration and allowances, which it may deem appropriate.

(2) the person appointed as the Chief Executive Officer under subsection (1) shall be a person who, in the opinion of the Minister, have experience and showed ability and professionalism in matters relating to energy Sustainable Energy Development Authority 25 sustainable, finance, engineering, business administration, or who are otherwise suitable for appointment because knowledge, experience or their academic credentials who are special.

(3) the Chief Executive Officer shall be responsible for the Administration and management of the functions and Affairs of the day to day Authority overall.

(4) the Chief Executive Officer shall have general control over the employees of the authority.

(5) the Chief Executive Officer shall perform any other duties as directed by the authority from time to time.

(6) in fulfilling its duties, the Chief Executive Officer shall act under the authority and direction of the General authorities.

(7) the Chief Executive Officer shall be an employee of the authority.


Temporary exercise of functions of Chief Executive Officer 23. The Minister may appoint any employee of the authority to serve as Chief Executive Officer during any period when — (a) the post of the Chief Executive Officer is vacant;
(b) the Chief Executive Officer is absent on duty or not available in Malaysia; or (c) the Chief Executive Officer, for any other reason, unable to perform the duties of his Office.





26 laws of Malaysia ACT 726 employee Appointment Authority 24. The authority may, from time to time, employ any number of employees it deems fit and necessary by the authorities and on such terms and conditions as it thinks fit.


Conditions of service of 25. The authority may, with the approval of the Minister, determine the conditions of service of employees.


The payment of retirement benefits, etc.

26. The Authority may make such arrangements for payment to its employees and their dependants of any retirement benefits, medical benefits, pensions, gratuities and other allowances as determined by the authorities.


Loans, scholarships and cash advance 27. The authority may provide loans, scholarships and money advances to employees for any purpose and upon such terms as may be determined by the authorities.


The authority may adopt regulations, etc.

28. The Authority may, with the approval of the Minister, adopt any modifications it deems fit any regulations, rules, policies, circular and instructions made or issued by the Federal Government in connection with any matter under this part.



Sustainable Energy Development Authority 27 part V finance Fund Sustainable Energy Development Authority 29. (1) a fund known as the "Fund of Sustainable Energy Development Authority" is established and shall be administered and controlled by the authorities.

(2) the Fund shall consist of — (a) any money appropriated by Parliament for the purposes of this Act, from time to time;

(b) all or any part of the fees, costs, levies, contributions and other charges imposed by or payable to the authority under the law of sustainable energy;

(c) all moneys derived as income from investments made by the authority;

(d) all moneys derived from the sale, disposal, leasing or rental, or any other transactions of, any property, mortgages, charges or debentures vested in or acquired by the authority;

(e) all monies earned from consulting services and advice and any other services provided by the authority;

(f) money borrowed by the authority under section 33;

(g) any sums payable to the authority from time to time for loans made by the authority;

28 laws of Malaysia ACT 726 (h) all monies earned from handling any project, scheme or Enterprise financed out of the Fund;

(i) all donations and contributions received in or outside Malaysia;

(j) all sums of money or other property in any way become payable to or vested in the authority in respect of any matter incidental to its functions, powers and duties; and (k) all other moneys lawfully received by the authorities.

(3) Notwithstanding paragraph (2) (b), money referred to in that paragraph that exceeds the requirements of the financial Authorities for the performance of its functions can be paid into the Federal Consolidated Fund.


Expenses shall be charged on the Fund 30. Fund shall be expended for the purpose of — (a) paying any legal expenses incurred by the authorities but does not include the expenses shall be paid out of

Renewable energy fund in accordance with the renewable energy Act, 2011;

(b) paying the remuneration, allowances and expenses of other members of the authority, Committee members and employees of the authority, including the granting of loans, scholarships and money advances, retirement benefits, medical benefits, pensions, gratuities and other allowances;

Sustainable Energy Development Authority 29 (c) pay any expenses, costs or other expenses relating to the acquisition of goods and services, including recruitment consultancy, fees and legal costs and fees and other costs, incurred or received properly by the authorities in the performance of its functions or the exercise of its powers under the law of sustainable energy, but does not include the expenses shall be paid out of the Fund renewable energy in accordance with the renewable energy Act, 2011;

(d) buy or rent a plant, equipment, machinery and materials, acquire land and other assets, and constructing buildings, and to carry out any work and other efforts in the performance of its functions or the exercise of its powers under the law of sustainable energy;

(e) to repay any money borrowed under section 33 and interest payable on money borrowed it;

(f) investments under section 34; and (g) generally, to pay any expenses of carrying out the provisions of this Act.


Conservation Fund 31. Be the duty of the authorities to conserve the Fund with the performance of its functions and exercise of its powers under this Act in such a way that with uncertain that the total revenues of the authority sufficient to pay all sums properly chargeable to revenue account, including depreciation and interest on capital, from year to year.




30 laws of Malaysia ACT 726 32 bank accounts. The authority shall open and maintain an account or accounts in any bank in Malaysia as it deems fit by authorities, and every account that must be handled in such a way that allowed by the authority in that behalf from time to time.


Power to borrow 33. The authority may, from time to time, borrow in any form and on such terms as may be approved by the Minister with the consent of the Minister of finance, any money needed by the authority to meet its obligations or discharging any of its duties.


34 investments. Money the authority shall, to the extent not needed to be expended by the authority under this Act, be invested in such manner as approved by the Minister with the consent of the Minister of finance.


Contract limits 35. The authorities may not, without the approval of the Minister and the consent of the Minister of finance, make any contract under which the authorities are required to pay or receive an amount exceeding ten million dollars.


36. financial procedure Subject to this Act and the approval of the Minister, the authority shall determine its financial arrangements themselves.
Sustainable Energy Development Authority financial year 31 37. The financial year of the authority shall commence on 1 January and ends on 31 December of each year.


Account and report 38. (1) the authority shall cause to be proper account for and report their activities that should have been kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of accounts of the authority shall include a balance sheet and income and expenditure accounts; and (b) a report of its activities.

(2) the authority shall, as soon as possible, send a copy of the statement of accounts certified by an auditor, a copy of the Auditors ' report and a copy of the report of its activities to the Minister and the Minister shall cause to be the statement and the report laid before both houses of Parliament.

(3) of the statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the authority.


PART VI GENERAL restrictions on the use of the symbol or symbol of Authority 39. (1) the authority shall have the exclusive rights to use any symbol or symbol selected or 32 laws of Malaysia ACT 726 created by authorities and then to show off or show symbols or symbol that relates to the activities or Affairs.

(2) a symbol or symbol selected or created by the authority shall be published in the Gazette.

(3) any person who uses a symbol or symbol of authority or anything menyerupainya, or create any symbol or a symbol referring to the authorities up to deceive or cause confusion, or is likely to deceive or cause confusion, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Offence for unauthorized modification of information in the custody of Authorities 40. (1) any person who commits any act which he knows will result in an alteration without authority any information, statistics or other data, whether in electronic form or otherwise, in the possession, custody or control authorities, commits an offence and shall, on conviction, to a fine not exceeding three hundred thousand dollars.

(2) any person who, with intent to cause bodily injury as defined in the Penal Code [Act 574], do any act which he knows will result in an alteration without authority any information, statistics or other data, whether in electronic form or otherwise, in the possession, custody or control authorities, commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or both.




Sustainable Energy Development Authority 33 (3) for the purposes of this section — (a) it is immaterial that the acts in question were not directed to — (i) any information, statistics or specific data;

(ii) any type of information, statistics or data; or (iii) any information, statistics or data stored at any particular location;


(b) it is immaterial whether a modification without power is, or intended to be, permanent or merely temporary; and (c) a modification of any information, statistics or data occur if — (i) information, statistics or data is altered or deleted;

(ii) any information, statistics or data inserted or added to information, statistics or the data; or (iii) any event occurs that reduces the ability of the authorities to get access to information, statistics or data, and include any act which contributes to the occurrence of its modifications.

Prosecution 41. No prosecution shall be instituted for any offence under this Act without the consent in writing of the Prosecutor.

34 the laws of Malaysia ACT 726 public servants 42. All members of the authority and to any Committee, and employee or agent of the authority, while on their duties under this act as a member, employee or agent of such, shall be deemed to be public servants within the meaning of the Penal Code.


Protection against legal and legal proceedings 43. No action, suit, prosecution or other proceedings may be taken or brought, instituted or made in any court against — (a) the Minister;

(b) the authority;

(c) any member of the authority, any member of the Committee, or any employee or agent of the authority; or (d) any other person lawfully acting on behalf of the authority, in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith on such properties.


Public authorities Protection Act 1948 44. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the authorities or against members of the authority, members, and employees or agents of the authority in respect of any act, neglect or default made or done by him in good faith or Sustainable Energy Development Authority 35 omission left by him in good faith , on such properties.


Obligations of secrecy 45. (1) except for any purpose of this Act or for the purpose of any civil or criminal proceedings under any written law or if otherwise permitted by the authorities — (a) no member of the authority or any of its committees or any employee or agent of the authority or any person attending any meeting of the authority or any of its committees, either in or after the term of Office or occupation , may disclose any information it considers in the course of its work and which are not published according to the law of sustainable energy; and (b) no other shall, by any means, have access to any information or document relating to the Affairs of the authority may disclose the information or document.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding fifty thousand ringgit or both.


Representation in civil proceedings is 46. Notwithstanding any other written law — (a) in any civil proceedings by or against the authority; or 36 laws of Malaysia ACT 726 (b) in any civil proceedings in which other Authorities required or allowed by the Court to be represented, or heard, or otherwise have the right to be represented or be heard, any person authorized by the Authority for that purpose may, on behalf of the authority, such proceedings or present in such proceedings and may make all presence and application and do all such acts in respect of the proceedings on behalf of the authorities.


The power to make regulations 47. The Minister may make regulations necessary or expedient to implement fully this Act or to implement the provisions of this act better.


Power to employ 48. The authority may employ and pay agents, technical and financial advisor, including advocates and solicitors, bankers, consultants and others, to manage any business or to do any act required to be dealt with or performed on the performance of its functions, the exercise of its powers or perform its obligations or to carry out the purposes of this act better.


Things done in anticipation of this Act made 49. All such acts and things done on behalf of the Authorities in preparation for or in anticipation of the making of this Act and any expenses incurred in connection therewith shall be deemed to have been authorized under this Act, provided that such acts and things done that is in line with the intent and purpose of this Act is General, and all rights and obligations acquired or incurred as a result of the Commission of the Act or the thing include any expenses Sustainable Energy Development Authority conducted 37 related to it This Act shall come into force are deemed to be rights and obligations of the authority.





SCHEDULE a [Subsection 7 (1)] the 1st meeting. (1) the authority shall hold as many meetings as are necessary to carry out its functions efficiently and the meeting shall be held at any time and at any place determined by the Chairman, provided that the Chairman may not allow more than two months elapse between meetings.

(2) the Chairman shall convene a meeting if requested to do so in writing by the Minister or by at least four members of the authority.

(3) the Chairman shall preside at a meeting of the authority.

(4) the Chairman and four other members of the authority shall form a quorum at any meeting of the authority.

(5) every Member present at meetings of the authority are entitled to one vote.

(6) where on any question to be determined by the authorities there are the same number of votes, the Chairman shall have a casting vote in addition to the votes normally.

(7) any Member may request that held or to participate in any meeting of the authority through the telecommunication device immediately such as telephone, video conferencing or other electronic means for communication of audio or audio visual. Connection with the simultaneous number of number of members through telecommunication device immediately it enough to form a quorum, despite the fact that members did not appear together in one place at the time of the meeting, convened meetings of the authority shall be held and formed accordingly, provided that — 38 laws of Malaysia ACT 726 (a) the Chairman has approved the procurement or participation in the meeting through a telecommunication device immediately;

(b) all personnel have received notice of the meeting and methods through it the meeting will be held;
(c) every Member who took part in the meeting via a telecommunication device immediately must be able to hear each other members who took part at the time of the start and over the duration of the meeting; and (d) at the beginning of the meeting and before the voting on any resolution, every Member must confirm his presence for the purpose of the meeting to all members of other participating.


The authority may invite others to meetings 2. (1) the authority may invite any other person to attend any meeting or deliberation of the authority for the purpose of advising it on any matter under discussion, but any person so attending shall not be entitled to vote at the meeting or deliberation.

(2) any person invited to attend any meetings or discussions the authority under subparagraph (1) may be paid such allowances and other expenses as determined by the authorities.


A resolution without met 3. (1) a resolution of the calculated were approved in a meeting of the authority if — (a) all members of the authority have been informed of the proposed resolution, or reasonable endeavours have been made to inform all members of the authority on the proposed resolution; and (b) without a meeting, all members of the authority indicate agreement on the resolution in the manner determined by the authority under subparagraph (2).

(2) subparagraph (1) applies only if the authorities — (a) decided that the subparagraph is applicable; and Sustainable Energy Development Authority 39 (c) decide on the method to it members of the authority shall indicate agreement on the resolution.


Minutes 4. (1) the authority and every Committee shall cause minutes of all its meetings in order to be maintained and stored in a proper form.

(2) a Committee shall cause a copy of the minutes of all its meetings to be signed and submitted to the authorities as soon as practicable.

(3) any minutes of meetings of the authority or Committee, if duly signed, shall be received in evidence in all legal proceedings without further proof.
(4) every meeting of the authority or Committee concerned with the proceedings has been made in accordance with subparagraph minitnya (1) and (2) shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.


Procedure 5. Subject to this Act, the authority may regulate its own procedure.


Validity of acts and proceedings 6. No act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of the authority; or (b) there is any omission, defect or ketidakteraturan that notwithstanding the merits of the case.






40 laws of Malaysia ACT 726 Member Authorities should devote time to Managing Authorities 7. Every Member of the Authority should devote time to the Affairs of the Authority as may be necessary to meet their obligations effectively.



41 laws of MALAYSIA Act 726 ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY 2011 LIST AMENDMENT of laws that amend the short title effect from-No-42 laws of MALAYSIA Act 726 ACT SUSTAINABLE ENERGY DEVELOPMENT AUTHORITY'S 2011 LIST of the SECTION AMEND Section Power amend with effect from-no-

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