001b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 1 law REVISION ACT 1968 Contains all amendments to 1 January 2006 001b.fm Page 1 Monday, March 27, 2006 11:46 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 law REVISION ACT 1968
The Date Of Royal Assent......... December 24, 1968, the date of publication in the Gazette of ... ... more December 31, 1968 the English Version is authentic copies of ............... Pu 540 1968 REPRINT BEFORE Reprinting The first ... ... more 1992 the second Reprint of ... ... more 1999 001b.fm Page 2 Monday, March 27, 2006 11:46 AM 3 laws of MALAYSIA Act 1 ARRANGEMENT of SECTIONS of law REVISION ACT 1968 section 1. Short title 2. Interpretation 3. Appointment Of Commissioner 4. Appointment Of Committee 5. Printing the law revised 6. Power Of Commissioner 7. How to compile the revised law 8. Inspection by the Committee 9. The revised law shall comply with the opinion of the Committee 10. Publication of revised laws 11. Completion of revision of the law before 1969 shall be notified in the Gazette 12. Saving of subsidiary legislation that is now 13. Revision of subsidiary legislation 14. Reprinting law 14A. The publication of volume-by-volume 14B. Print updates the 14C. Delegation authority 15. Correcting errors on the form 16. Reference on the number line in a legal 17. This Act places in a series of laws of Malaysia 18. Abolition of 001b.fm Page 3 Monday, March 27, 2006 11:46 AM 001b.fm Page 4 Monday, March 27, 2006 11:46 PM Revision law 5 laws of MALAYSIA Act 1 ACT REVISION law of 1968 an act to make provision for reviewing and printing the laws and subsidiary legislation.
[Throughout Malaysia — 1 January 1969]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title 1. This Act may be cited as the Law Revision Act 1968.
Interpretation 2. In this Act, unless the context otherwise requires — "reprinting" means the print edition of any law, or any of the volumes of such laws, prepared and issued pursuant to section 3;
"enactment" means a law as defined below or any part of the law;
"Committee" means the law revision Committee appointed under section 4;
"Commissioner" means the Commissioner of law revision appointed under section 3;
"law" means any written law relating to a matter which Parliament is no 001b.fm Page 5 Monday, March 27, 2006 11:46 AM 6 laws of Malaysia ACT 1 the power to make laws but, except in sections 14, 15 and 16, not including this Act;
"the revised law" means the revised edition of any law prepared and published in accordance with section 3.
Appointment Of Commissioner 3. The Yang di-Pertuan Agong shall appoint a Commissioner of law revision and Deputy Commissioner of law revision to prepare and publish the revised law and reprinting as may be deemed expedient by the Commissioner.
Appointment Of Committee 4. (1) the Chief Justice of the Federal Court shall, by notification in the Gazette, appoint a Committee of law revision that contains not less than five and not more than seven members from among judges and other persons who, in its opinion, have appropriate qualifications for the purpose of examining copies of the draft law under review.
(2) a member of the Committee shall hold office for a period of two years and be eligible for re-election: provided that the Chief Justice may terminate the Office of a member, and any Member may resign, at any time.
(3) the Chief Registrar of the Federal Court shall be the Secretary to the Committee.
Printing the law revised 5. A revised law shall be printed by the Government printer, or by any other printer as appointed by the Commissioner in a particular thing for that purpose.
001b.fm Page 6 Monday, March 27, 2006 11:46 PM Revision law 7 Power Commissioner 6. (1) the Commissioner has the authority as follows: (i) leave from any law under review — (a) any enactment, revocation and any order or an enactment list has now been removed, contained in a schedule or otherwise;
(aa) any provisions of, or part of a provision, in any law that is not yet in force;
(b) any preamble or part of the preamble of the law;
(c) any word beginning for enactment da lam any law or its provisions;
(d) any enactment which set a date when a law or in part shall come into force: provided that the date when the law or part thereof effect inserted by the Commissioner in parentheses immediately after the long title in terms of the laws reviewed it;
(e) any enactment amendment if the amendment affected by it is included by the Commissioner in the law in respect of which or have included such in any reprinting printed under any written law;
(f) any sentences that make the law;
(g) any part of the law that can be sesua i ih d leb imasukkan as subsidiary legislation;
(h) any interpretation of any expression that is defined in the law applicable to the interpretation of a law 001b.fm Page 7 Monday, March 27, 2006 11:46 AM 8 laws of Malaysia ACT 1 revised it and the same or similar terms with terms used in the definition of the term law is after it is checked;
(i) any provision referring to s e s u a t u r e r k a r a d a n p e r k a r a i d a t u a is provided on the same terms or similar in the laws applicable to the interpretation of the law after it revised: D e n g a n s y a r a t b a h a w a t e r u n t u k a n with respect to the way mengertikan law amendments contained in law with respect to the interpretation of the law shall apply to the omission as if provisions left that has now been removed; and (j) of a law in respect of matters in part in the Federal List and — (A) partly in the concurrent list or list of States; or (B) partly in the concurrent list and partly on the State list, s e m u a p e r u n t u k a n k e c u a l i t e r u n t u k a n with respect to matters within the Federal List: provided that the authority contained in this paragraph shall not be carried out except after consultation with the Attorney-General, State or legal advisor for the State in question;
(ii) arrange the order of the law under review and to provide the chapter number, serial number or another number to it;
(iii) make any change form as necessary or expedient to any laws for the purpose of obtaining equality of expression; or for adapting the law 001b.fm Page 8 Monday, March 27, 2006 11:46 PM Revision law 9 in accordance with the provisions of law applicable to the interpretation of the law after it is checked;
(iv) adopt a form of appropriate standards in all law revised to — (a) section interpretation; (b) any penal section; (c) any section that gives the power to make subsidiary legislation;
(v) change the word "Enactment", "Ordinance" or "Declaration" in any law to "Act";
(vi) add to the long title or short title to any law which requires it, and change the title of the long or short title of any law;
(vii) provide or change the order of content, order chronology, references and notes: provided that the arrangement of content, order chronology, references and notes that does not form part of the law containing it;
(viii) unite in a law of any two or more laws or part thereof which is in pari materia with respect to matters of the Parliament authorities make laws, regardless of which the legislature had made the law, by making any changes as needed in the consolidated enactment, and by implementing modifications in certain States where, if the modification is not made a big change will occur to the laws in force in the State and by setting a date as he thinks fit to start the currency of the law;
(ix) broke any law to two or more laws and make any 001b.fm Page 9 Monday, March 27, 2006 11:46 AM 10 laws of Malaysia ACT 1 amendment, including giving the title, or change the existing title as may be found necessary;
(x) add to or leave from any law of any provision required to be added or omitted, or substitute any provision of any law required replaced, due to any amendments made to the law by any other laws or by an authority in accordance with the powers conferred by law;
(xi) transfer any provision contained in any law of the law to any other laws which are more suitable for the provision, by making any changes as may appear necessary;
(xii) changes the order of the provisions of any law, and number the provisions of any law;
(xiii) changes the form or arrangement of the provisions of any law by changing the place of words, with the combine all or in part by a provision or provisions or with the provisions of memecahkannya or more;
(xiv) broke any laws, either consolidated or consolidated, to the Division or other term;
(xv) correct error print error grammar, and the like and for that purpose add, leave or change any words with no meaning of any law;
(xvi) vary, enter or leave the punctuation in any law;
(xvii) make any changes in the form of names, places, Department, Office, name of Office and otherwise as may be necessary to adjust any legal matters pertaining to the Federal State of 001b.fm Page 10 Monday, March 27, 2006 11:46 PM Revision law 11 on the date when the law is in its revised to that effect;
(xviii) make any adaptations or amendments as may appear necessary or fit due to any change of membership of the Federation or any part thereof or any part of the Commonwealth;
(xix) correct cross references include references about the law for other territories;
(xx) correct the reference about the law repealed by substituting the reference to reference about any laws that have been rid of it, and for that purpose are declared that a law be deemed to be replaced by an other laws where otherwise noted expressly in the law then that it replace the repealed laws that, or if the law then the law memperbuat again, either by modification or not , any of the provisions of the law that repealed;
(xxa) updating terminology and spelling in the national language text of any law to be consistent with the terminology and spelling approved by the Dewan Bahasa dan Pustaka;
(xxb) cut any word, expression, nomenclature or other provisions of any laws that are no longer used or are no longer in force, including the references to the repealed law, and to replace it if necessary, with words, phrases, nomenclature or the appropriate provisions or references to appropriate law;
((XIX)) simplify or facilitate the phrase any law;
(xxii) revoke or amend any enactment by virtue of the provision of law under review;
(xxiii) set a date when a revised laws that will come into operation: 001b.fm Page 11 Monday, March 27, 2006 11:46 AM 12 laws of Malaysia ACT 1 provided that the date shall not be earlier than the date when the law under review is published in the Gazette;
(xxiv) make all other matters relating to the form and methods necessary to streamline a revised law.
(2) in subsection (1) "amendment" includes, if it is used in relation to the powers granted to the Commissioner, any changes in the law that needs to perform any enactment in any other laws so that thereby the field, strong power or meaning of any provision of the laws of the first-mentioned that the recently renovated, expanded, modified, limited, dipersyaratkan or otherwise affected.
(3) the powers given to the Commissioner by subsection (1) shall not be construed as he has the power to make any alteration or amendment of the content of any law.
How to compile the revised law 7. A revised law shall be arranged in such form as he thinks expedient by the Commissioner and shall contain — (i) on the face before him — (a) the expression "laws of Malaysia";
(b) short title and number of laws reviewed it;
(c) the date of the sehingganya law is revised; and (d) the date fixed under paragraph 6 (1) (xxiii) when the revised law will come into operation;
(ii) a list of laws amended the law up to date penyemakannya by showing the date the amendments come into force;
001b.fm Page 12 Monday, March 27, 2006 11:46 PM Revision law 13 (iii) a list of laws or parts replaced or repealed by law under review it.
(iv) (Cut by the Act Exit).
Inspection by the Committee 8. (1) the Commissioner shall submit ten copies of every draft law revised and ten copies of the list of amendments made by him in the revised laws to the Committee for its inspection. The Committee shall examine the draft copies and certify to the Commissioner whether in the opinion of the Committee the amendments made by the Commissioner in accordance with or not in accordance with the powers conferred upon him by this Act. If the Committee does not certify within thirty days from the date copies of the draft is received by the Secretary of the Committee, the amendment shall be deemed to have been certified as according to the power of the Commissioner and the Commissioner can continue action in accordance with subsection 10 (1).
(2) the validity of a certificate granted by the Committee under subsection (1) t not affected by any vacancy in the membership of the Committee or by reason of a person not capable of ahl inya t temporarily to give his opinion because the Member does not exist, sickly or any other reason.
The revised law shall comply with the opinion of the Committee 9. If the Committee certifies that an amendment is not in accordance with the authority of the Commissioner, the Commissioner shall, before proceeding in accordance with subsection 10 (1), amend the draft law revised to comply with the opinion of the Committee.
Publication of revised laws 10. (1) a revised law that contains the amendment that has been certified or is deemed to have certified 001b.fm Page 13 Monday, March 27, 2006 11:46 AM 14 laws of Malaysia ACT 1 by the Committee as according to the power of the Commissioner shall be published in the Gazette and shall take effect from the date referred to in paragraph 7 (i) (d).
(2) on and after the date of a revised law takes effect, the revised law shall be deemed to be and it should be, with no question anything whatsoever in all courts and for all purposes, a single legal and appropriate for matters including it and in force at that date.
Completion of revision of the law before 1969 shall be notified in the Gazette 11. As soon as possible, the Commissioner shall, by notification in the Gazette (that will be published in the Supplementary Act), certifies that the revision of all laws made prior to a day of January 1969 (except the law stated in the notification), which have not been repealed at the date of the notification, are completed and as such any law that has not been reviewed under this Act and which has not been stated in the notification shall be deemed to have been repealed with effect from the date the notification is published.
Saving of subsidiary legislation that is now 12. Any subsidiary legislation made under any applicable laws and regulations in force at the date when the law comes into operation the revised shall remain in force until otherwise provided for; and a reference in any subsidiary legislation to the law under which subsidiary legislation has been made, or to any part thereof, or to any other law shall be construed as a reference to be revised the laws under review or to other laws revised that.
Revision of subsidiary legislation 13. (1) as soon as may be available, in addition to each law 001b.fm Page 14 Monday, March 27, 2006 11:46 PM Revision law 15 revised print, a subsidiary legislation under review under the revised law as found by the Commissioner important enough to be included in it.
(2) the provisions of this Act relating to prepare and publish a revised law, but not the provisions relating to inspection by the Committee, shall apply with such modifications as are necessary to provide and publish the revised subsidiary legislation.
Reprint of the law
14. (1) The Government printer or any other printers as may be prescribed by the Commissioner in a particular thing for that purpose may, with the authority of the Commissioner, makes retrieval of any law, whether revised or not, containing — (a) the amendments made by any law; and (b) the amendment made by the Commissioner under the powers conferred upon him by subsection (2), and any copies of the reprint purporting to be printed in accordance with this section shall be deemed, until the contrary is proved, as copies of akasnya valid for the law as in force, except to the extent stated in the text, on the date specified.
(2) in preparing a reprint of the Commissioner have the power contained in paragraph 6 (1) (vii), (x), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxa) and (xxb).
The publication of volume-by-volume 14A. (1) the Commissioner may, if he considers expedient, authorize reprinting prepared and published volume-by-volume, in accordance with any order and at any time it may deem expedient.
001b.fm Page 15 Monday, March 27, 2006 11:46 AM 16 laws of Malaysia ACT 1 (2) of any volume reprinting something can contain any arrangement, attachments and other additional things, including index, as may be deemed necessary by the Commissioner.
Print updates the 14B. The Commissioner may, if he considers expedient, authorize the preparation and publication of report last update that contains the latest amendments to a reprint, in accordance with any order and at any time it may deem expedient.
Delegation of power 14C. The Commissioner may delegate any of its powers under subsection 14 (2), section 14A and 14B, to the Deputy Commissioner.
Correcting errors on the form 15. (1) the Commissioner may by order, of an Act refer it to the Committee, after correcting an error about writing, printing or other errors in any law: provided that such correction shall not be inconsistent with the powers granted to the Commissioner by section 6, 13 and 14.
(2) an order made under subsection (1) shall have effect the law with effect from the date referred to in paragraph 7 (1) (d).
Reference on the number line in a law 16. References in any law on the number row of a provision in any law means the queue in the print copies of official documents on for the law at the time of the law containing the reference is made.
001b.fm Page 16 Monday, March 27, 2006 11:46 PM Revision law 17 places of this Act in a series of laws of Malaysia 17. This Act shall become the first Act in the series "laws of Malaysia" and shall be numbered Act 1.
Repeal 18. Reprinting Act federal law 1965 [No. 26 of 1965], repealed and section 48 Ordinance, Interpretation and general clauses 1948 [K.T.M. 7 1948], in so far as that section is federal law, shall cease to apply after started the currency of this Act.
001b.fm Page 17 Monday, March 27, 2006 11:46 AM 18 laws of Malaysia ACT 1 laws of MALAYSIA Act 1 REVISION ACT 1968 law LIST AMENDMENTS to laws that amend the short title effect from P.U. (A) 107/1970 Emergency (Revision of law) (Amendment) Order 1970 01-01-1969 11-03-1970 (section 2, 7, 8 and 9) of the Exit Law Revision Act (Amendment) Act 1971, 30-04-A885 Act Constitution Act 1971 (Amendment) Rules 1994 24-06-1994 A1061 Act Act of revision of laws (Amendment) Act 1999 01-10-1998 001b.fm Page 18 Monday , March 27, 2006 11:46 AM 19 laws of MALAYSIA Act 1 ACT REVISION law 1968 LIST SECTION AMENDED Section Power amend with effect from 2 Act Exit 30-04-1971 P.U. (A) 107/1970 11-03-1970 Act A1061 01-10-1998 3 Act A1061 01-10-1998 4 Act A885 24-06-1994 6 P.U. (A) 107/1970 01-01-1969 Act Exit 30-04-1971 Act A1061 01-10-1998 7 P.U. (A) 107/1970 01-01-1969 Act Exit 30-04-1971 8 P.U. (A) 107/1970 01-01-1969 Act Exit 30-04-1971 10 P. U. (A) 107/1970 01-01-1969 13 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 14 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 001b.fm Page 19 Monday, March 27, 2006 11:46 AM 20 laws of Malaysia ACT 1 Act A1061 01-10-1998 14A A1061 Act 01-10-1998 14B A1061 Act 01-10-1998 14C A1061 Act 01-10-1998 15 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 16 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 17 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 18 P.U. (A) 107/1970 11-03-1970 Act Exit 30-04-1971 Section Power amend the effect from 001b.fm Page 20 Monday, March 27, 2006 11:46 AM