Interpretation 1 LAWS OF MALAYSIA REPRINT Act 388 INTERPRETATION ACTS 1948 AND 1967 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 INTERPRETATION ACTS 1948 AND 1967 First Enacted ... ... ... ... ... ... 1948 and 1967 (M.U. Ordinance No. 7 of 1948, Act No. 23 of 1967 and Act No. 57 of 1967) Consolidated and Revised ... ... ... 1989 (Act 388 w.e.f. 19 October 1989) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2000 3 LAWS OF MALAYSIA Act 388 INTERPRETATION ACTS 1948 AND 1967 ARRANGEMENT OF SECTIONS Section 1. Short title PART I 2. Application DIVISION ONE Meaning of Certain Expressions and References 3. Definitions 4. Grammatical variations, gender and number References to offices, etc., established by Constitution 5. 6. References to public officers Reference to office-holder includes acting holder, etc. 7. 8. References to "the High Court", "the Minister" and "the Treasury" 9. References to States (Deleted) 10. 11. References to distance 12. Service by post DIVISION TWO Provisions Affecting Written Laws Generally 13. Acts to be public Acts 14. Division into sections 15. Long title, preamble and schedules Laws of Malaysia ACT 388 4 Section Notice to be taken of division into parts, chapters, etc. 16. 17. Citation 17A. Regard to be had to the purpose of Act Gazette 18. 19. Commencement 20. Subsidiary legislation may be retrospective 21. Meaning of certain expressions in subsidiary legislation Amendment, revocation, etc., of subsidiary legislation 22. 23. Avoidance of subsidiary legislation in case of inconsistency with Act 24. Things done under subsidiary legislation deemed to be done under authorizing law 25. Subsidiary legislation deemed to be made under all powers thereunto enabling 26. Particular power to make subsidiary legislation without prejudice to general power 27. Penalties in subsidiary legislation 28. Subsidiary legislation unaffected by repeal of authorizing law in certain cases Repeal does not revive earlier repealed laws, etc. 29. 30. Matters not affected by repeal 31. Repeal includes amending legislation 32. Expiry 33. Specific transitional and saving provisions to be without prejudice to sections 28 to 32 34. Construction of amended law with amending law 35. References to written laws 36. Internal references in written laws DIVISION THREE Powers and Appointments 37. Time for exercise of power 38. Power of majority Interpretation 5 Section 39. Law officers 40. Implied powers Powers of certain bodies not affected by vacancy, etc. 41. 42. Exercise of power between publication and commencement of Act 43. Construction of power to appoint commencement 44. Implied powers in respect of fees and charges 45. Construction of power to extend time 46. Power to delegate hearing of appeals Power to appoint includes power to remove, etc. 47. Power to appoint member of board, etc., temporarily 48. Power to appoint chairman, etc. 49. 50. Appointment may be made by office and with retrospective effect 51. Temporary exercise of ministerial functions Appointments, etc., in the public services 52. DIVISION FOUR Miscellaneous 53. Computation of years of age 54. Computation of time Evidence of signature on fiat, etc. 55. Ex-officio proceedings not to abate on death, etc. 56. Making of declarations, etc., in particular languages 57. 58. Imposition of penalty no bar to civil action 59. Offences under two or more laws 60. Penalties prescribed to be deemed maximum penalties Gazettes to be evidence 61. 62. Deviation from forms 62A. Use of electronic means or medium Laws of Malaysia ACT 388 6 Section 63. Saving of rights of Yang di-Pertuan Agong and Government PART I binds Yang di-Pertuan Agong and Government 64. 65. Repeal and saving PART II DIVISION FIVE Definitions 66. Definitions DIVISION SIX General Provisions Regarding Acts of Parliament, Ordinances and Enactments 67. Acts of Parliament, Ordinances and Enactments to be public Acts of Parliament, Ordinances and Enactments 68. Sections to be substantive Enactment 69. Schedules 70. Sub-divisions of Acts of Parliament, Ordinances and Enactments 71. Forms 72. Mode of citing Acts of Parliament, Ordinances and Enactments DIVISION SEVEN Repeal, Re-Enactment and Amending Legislation 73. Repeal of repealing laws 74. Repeal of amended law to include amendments 75. Repeal and substitution 76. Reference to re-enacted provisions 77. Effect of repeal 78. Construction of amending Act of Parliament, Ordinance or Enactment 79. Effect of expiration of written law 80. Ordinance or Act of Parliament may be altered or repealed in same session Interpretation 7 DIVISION EIGHT Imperial Acts Section 81. Citation of Imperial Statutes 82. Imperial Acts to be read with necessary modification 83. Reference in written law to provision of Imperial Act DIVISION NINE Subsidiary Legislation 84. Use of defined terms in subsidiary legislation 85. Exercise of statutory powers between enactment and commencement of Act of Parliament, Ordinance or Enactment 86. Commencement of subsidiary legislation 87. General provisions with respect to power given to any authority to make subsidiary legislation 88. Construction of powers under which subsidiary legislation is made 89. Judicial notice of proclamations, orders and regulations 90. Construction of amending regulations 91. Acts done under subsidiary legislation to be deemed done under Act of Parliament, Ordinance or Enactment 92. Subsidiary legislation made by Yang di-Pertuan Agong to override other subsidiary legislation DIVISION TEN Powers and Appointments 93. Construction of provisions as to exercise of powers and duties 94. Power to appoint includes power to dismiss 95. Construction of enabling words 96. Appointment of officers by name or office 97. Construction of powers of appointment 98. Official designation to include officer executing duties 99. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability Laws of Malaysia ACT 388 8 Section 100. Power of Yang di-Pertuan Agong or Minister to delegate hearing of appeals, etc., to Committees Powers to appoint chairman, etc. 101. Powers of a board, etc., not affected by vacancy, etc. 102. DIVISION ELEVEN Distance and Time 103. Measurement of distance 104. Time of commencement 105. Computation of time 106. Computation of age (Deleted) 107. 108. Provision when no time prescribed 109. Construction of power of extending time DIVISION TWELVE Miscellaneous 110. Evidence of signature of Yang di-Pertuan Agong or Attorney General to fiat 111. Solicitor General to exercise powers of Attorney General 112. Power of majority of more than two persons 113. Public officers Ex-officio proceedings not to abate on death, etc. 114. 115. Construction of references to laws (Deleted) 116. 117. English text to prevail Use of languages other than English for oaths, declarations, etc. 118. Gazette to be evidence of matters therein 119. DIVISION THIRTEEN Reprint of Written Laws 120. Reprint of written laws Interpretation 9 DIVISION FOURTEEN Penal Provisions Section 121. Imposition of a penalty not a bar to civil action 122. Provisions as to offences under two or more laws 123. Penalties prescribed to be deemed maximum penalties 124. Carrying out of certain orders 125. Application of fees, fines and forfeitures (Deleted) 126. 127. Saving of rights of the Yang di-Pertuan Agong and the Government 128. PART II to be binding on Yang di-Pertuan Agong and the Government DIVISION FIFTEEN Repeal 129. Repeal PART III 130. Extent 131. PART I of this Act to have effect in adopting States 132. Repeal and saving FIRST SCHEDULE SECOND SCHEDULE Laws of Malaysia ACT 388 10 Interpretation 11 LAWS OF MALAYSIA Act 388 INTERPRETATION ACTS 1948 AND 1967 An Act to provide for the commencement, application, construction, interpretation and operation of written laws; to provide for matters in relation to the exercise of statutory powers and duties; and for matters connected therewith. [PART I--18 May 1967, P.U. (A) 204/1967 PART II--31 January 1948; PART III--30 September 1967] Short title 1.  This Act may be cited as the Interpretation Acts 1948 and 1967. PART I [Sections 3­65 of this revised Act correspond to sections 3­65 of the Interpretation Act 1967 [Act No. 23 of 1967]] Application 2. (1) Subject to this section, Part I of this Act shall apply for the interpretation of and otherwise in relation to-- (a) this Act and all Acts of Parliament enacted after 18 May 1967; (b) all laws, whether enacted before or after the commencement of this Act, revised under the Revision of Laws Act 1968 [Act 1]; (c) all subsidiary legislation made under this Act and under Acts of Parliament enacted after the commencement of this Act; Laws of Malaysia ACT 388 12 (d) all subsidiary legislation, whether made before or after the commencement of this Act, revised under the Revision of Laws Act 1968; (e) all subsidiary legislation made after the 31 December 1968, under the laws revised under the Revision of Laws Act 1968. (2) PART I shall not apply for the interpretation of or otherwise in relation to any written law not enumerated in subsection (1). (3) PART I shall not apply where there is-- (a) express provision to the contrary; or (b) something in the subject or context inconsistent with or repugnant to its application. DIVISION ONE Meaning of Certain Expressions and References Definitions 3.  The following words and expressions have the meanings hereby respectively assigned to them, that is to say-- "Act" or "Act of Parliament" used with reference to legislation, means a law made by Parliament; "act" used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions; "advocate" means a person entitled to practise as an advocate or as an advocate and solicitor under the law in force in any part of Malaysia; "affidavit" includes statutory declaration; "aircraft" includes every description of craft used in aerial navigation; "amend" includes repeal, add to and vary; Interpretation 13 "armed forces" means the armed forces of Malaysia; "Attorney General" means the Attorney General of Malaysia; "Cabinet" means the Jemaah Menteri (Cabinet of Ministers) appointed under Article 43 of the Federal Constitution; "calendar year" means a year beginning on 1 January; "Chief Justice" means the Chief Justice of the Federal Court; "Chief Minister" or "Menteri Besar" means the president, by whatever name called, of the Executive Council of a State; "citizen" means a citizen of Malaysia; "commencement", used with reference to a written law, means the date when the law comes into operation; "common law" means the common law of England; "Commonwealth country" and "part of the Commonwealth" have the meaning assigned by Article 160(2) of the Federal Constitution; "Conference of Rulers" means the Majlis Raja-Raja (Conference of Rulers) established by Article 38 of the Federal Constitution; "Consolidated Fund" means the Federal Consolidated Fund established by the Federal Constitution; "Constitution" means the Federal Constitution and includes the Constitutions of the States; "consular officer" means a person exercising consular functions, by whatever name called; "contravene" includes fail to comply with; "court" means a court of competent jurisdiction; "diplomatic officer" means a person exercising diplomatic functions, by whatever name called; Laws of Malaysia ACT 388 14 "district" means one of the districts into which a State is divided for administrative purposes; " d i s t r i c t officer" means the officer for the time being in administrative charge of a district, by whatever name called; "division" in relation to Sarawak, means one of the divisions into which Sarawak is divided for administrative purposes; "document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter; "East Malaysia" means the States of Sabah and Sarawak; "Enactment" means a law made by the Legislature of a State other than Sarawak; "Executive Council" has the meaning assigned by Article l60(2) of the Federal Constitution; "export" means export from Malaysia; "Federal Constitution" means the Constitution of Malaysia and does not include the Constitution of the States; "Federal Government" means the Government of Malaysia; "federal law" means an Act of Parliament, and any other law in force in Malaysia or any part thereof which relates to a matter with respect to which Parliament has power to make laws; "federal public office" means an office in the public service mentioned in Article 132(1)(c) of the Federal Constitution, that is to say, the general public service of the Federation; "federal public officer" means a person lawfully holding, acting in or exercising the functions of a federal public office; "Federation" means Malaysia; "financial year" means a year beginning on 1 January; Interpretation 15 "forfeited" means forfeited to the Government of Malaysia or, in a case where forfeitures are assigned to a State by the Federal Constitution as items of revenue, forfeited to the Government of the State in question; "function" includes power and duty; "Gazette" means the official Gazette of the Federation and shall, to the extent specified in subsection 18(3), include the official Gazette of any State; "Government analyst" includes any assistant or other analyst employed by the Government; "Government" means the Government of Malaysia; "Government Printer" includes any printer authorized, either generally or in a particular case or class of cases, to print Acts, Enactments, Ordinances or any other written laws; "House of Representatives" or "Dewan Rakyat" means the Dewan Rakyat (House of Representatives) established by Article 44 of the Federal Constitution; " H o u s e s of Parliament" means the Senate and House of Representatives; "immovable property" means land and any interest in, right over or benefit arising or to arise out of land; "import" means import into Malaysia; "imprisonment" means imprisonment in accordance with any written law for the time being in force for the regulation of prisons and imprisonment; "infant" has the same meaning as minor; "Keeper of the Rulers' Seal" or "Penyimpan Mohor Besar Raja- Raja" means the Penyimpan Mohor Besar Raja-Raja (Keeper of the Rulers' Seal) whose office is provided for by sections 3 and 4 of the Fifth Schedule to the Federal Constitution; Laws of Malaysia ACT 388 16 "land" includes-- (a) the surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and (e) land covered by water; "law" has the meaning assigned by Article 160(2) of the Federal Constitution; "Legislative Assembly" means the representative assembly, by whatever name called, in the Legislature of a State (and in particular includes the Council Negeri in Sarawak); "Legislature" has the meaning assigned by Article 160(2) of the Federal Constitution; "local authority" means any municipal council, town council, town board, local council, rural board, sanitary board or similar local authority established by a written law; "magistrate" means a magistrate appointed under any written law providing for the appointment of magistrates; "Malay" has the meaning assigned by Article 160(2) of the Federal Constitution; "master", used with reference to a ship, means any person (except a pilot or harbour master) having for the time being control or charge of the ship; "Merdeka Day" means 31 August 1957; "Minister" means, subject to subsection 8(2), a Minister of the Government of Malaysia (including the Prime Minister and a Deputy Minister); Interpretation 17 "minor" means a person who has not attained the age of majority prescribed by the law applicable to him; "monogamous marriage" means a marriage which is recognised by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage; "month" means a month reckoned according to the Gregorian calendar; "movable property" means all property other than immovable property; "mukim", in relation to Kelantan, means daerah; "National Language" means the national language provided for by Article 152 of the Federal Constitution; "oath" includes affirmation; "Ordinance" means a law made by the Legislature of Sarawak; "Parliament" means the Parliament of Malaysia; "penghulu", in relation to Kelantan, means penggawa; "Peninsular Malaysia" means the States of Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu and the Federal Territory of Kuala Lumpur; "person" includes a body of persons, corporate or unincorporate; "police officer" means an officer of the Royal Malaysia Police; "President of the Senate" or "Yang di-Pertua Dewan Negara" means the Yang di-Pertua Dewan Negara (President of the Senate) whose office is provided for by Article 56(1) of the Federal Constitution; "Prime Minister" means the Prime Minister of Malaysia; "public holiday" means a public holiday established by law in Malaysia or any part of Malaysia; Laws of Malaysia ACT 388 18 "public office" means an office in any of the public services; "public officer" means a person lawfully holding, acting in or exercising the functions of a public office; "public place" includes every public highway, street, road, bridge, square, court, alley, lane, bridle way, footway, parade, wharf, jetty, quay, public garden or open space, and every theatre, place of public entertainment of any kind or other place of general resort to which admission is obtained by payment or to which the public have access; "Public Prosecutor" means the Attorney General, and includes (within the scope of his authority) a Deputy Public Prosecutor appointed under any written law relating to criminal procedure and a person authorized by any such law to act as or exercise all or any of the powers of the Public Prosecutor or a Deputy Public Prosecutor; "Public Seal" means the Public Seal of Malaysia; "public services" means the public services mentioned in Article 132(1) of the Federal Constitution; "registered", used with reference to a document, means registered under the law for the time being applicable to the registration of the document; "repeal" includes rescind, revoke, cancel and replace; "residency", in relation to Sabah, means one of the residencies into which Sabah is divided for administrative purposes; "ringgit" means a ringgit in the currency of Malaysia; "Rules Committee" means the body for the time being authorized by law to make rules of court for the Federal Court, the Court of Appeal and the High Courts established by the Federal Constitution; "rules of court" means rules or other subsidiary legislation regulating the practice and procedure of a court or courts; "Ruling Chiefs" means the Undang of Sungei Ujong, the Undang of Jelebu, the Undang of Johol, the Undang of Rembau and the Tunku Besar of Tampin; Interpretation 19 "seaman" includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship; "sell" includes exchange, barter, offer for sale and expose for sale; "sen" means a sen in the currency of Malaysia; "Senate" or "Dewan Negara" means the Dewan Negara (Senate) established by Article 44 of the Federal Constitution; "Senator" means a member of the Senate; "ship" includes every description of vessel used in the navigation of water, other than vessels exclusively propelled by oars, paddles or poles; "sign" includes the making of a mark or the affixing of a thumbprint; "Speaker" means the Speaker of the House of Representatives; "State" means a State of Malaysia; "State Authority" means the Ruler or Yang di-Pertua Negeri of a State and includes, in Negeri Sembilan, the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs; "State Consolidated Fund" means the Consolidated Fund of a State; "State Gazette" means the official Gazette of a State (including any supplement or special Gazette); "State Government" means the Government of a State; "State law" means a law made by the Legislature of a State, and any other law in force in a State which relates to a matter with respect to which the Legislature of the State has power to make laws; "State Pardons Board" means the Pardons Board constituted for a State by Article 42(5) of the Federal Constitution; Laws of Malaysia ACT 388 20 "State Seal" means the State Seal or Public Seal of a State; "statutory declaration" means a statutory declaration made in pursuance of any written law providing for the making of statutory declarations or, if made in a place outside Malaysia-- (a) a declaration made before a Malaysian diplomatic or consular officer; or (b) a declaration made under any law in force in that place providing for the making of declarations which are substantially similar in nature and effect to the statutory declarations provided for by any such written law; "subsidiary legislation" means any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Enactment, Ordinance or other lawful authority and having legislative effect; "swear" includes affirm; "under", in relation to a written law or any provision thereof, includes "in accordance with", "pursuant to" and "by virtue of"; "vessel" includes floating and submarine craft of every description; "weekly holiday" means Sunday or, in a State where Friday is observed as the weekly holiday, Friday; "will" means a testamentary document of any description, including a codicil; "words" includes figures and symbols; "writing" or "written" includes typewriting, printing, lithography, photography, electronic storage or transmission or any other method of recording information or fixing information in a form capable of being preserved; "written law" means-- (a) the Federal Constitution and the Constitutions of the States and subsidiary legislation made thereunder; Interpretation 21 (b) Acts of Parliament and subsidiary legislation made thereunder; (c) Ordinances and Enactments (including any federal or State law styling itself an Ordinance or Enactment) and subsidiary legislation made thereunder; and (d) any other legislative enactments or legislative instruments (including Acts of Parliament of the United Kingdom of Great Britain and Northern Ireland and Orders in Council and other subsidiary legislation made thereunder) which are in force in Malaysia or any part thereof; "year" means a year reckoned according to the Gregorian calendar. Grammatical variations, gender and number 4. (1) Where any word or expression is defined in a written law, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined. (2) Words and expressions importing the masculine gender include females. (3) Words and expressions in the singular include the plural, and words and expressions in the plural include the singular. References to offices, etc., established by Constitution 5.  Where by the Federal Constitution or the Constitution of a State there is established an office, a court, a council or a commission, a reference thereto by the name, style or title under which it is established shall be sufficient to identify it. References to public officers 6. (1) A reference to a public officer by the usual or common title of his office (and in particular without prejudice to the generality of the foregoing, by its title in estimates of expenditure laid before the House of Representatives or a Legislative Assembly) shall be sufficient to identify him. Laws of Malaysia ACT 388 22 (2) This section shall apply to a reference to a public officer in a warrant, process or other instrument issued in pursuance of a written law as it applies to a reference to a public officer in a written law. Reference to office-holder includes acting holding, etc. 7.  A reference to the holder of any public or other office (including a reference in an appointment made pursuant to section 50) is a reference to the person for the time being lawfully holding, acting in or exercising the functions of that office. References to "the High Court", "the Minister" and "the Treasury" 8. (1) A reference to "the High Court" is a reference, in relation to any particular case, to whichever of the High Courts established by the Federal Constitution has jurisdiction in that case. (2) A reference to "the Minister" is a reference to the Minister for the time being responsible for the matter in connection with which the reference is made. (3) A reference to "the Treasury" is a reference to the Minister for the time being responsible for finance and includes any public officer under the administrative control or direction of that Minister to whom that Minister has delegated or who, in accordance with section 6 or 7 of the Delegation of Powers Act 1956 [Act 358], is authorized to exercise functions under the Financial Procedure Act 1957 [Act 61]. References to States 9.  A reference to the name of a State is a reference to the State of that name, whether or not the name is preceded by the words "the State of". (Deleted by Act 261). 10. References to distance 11.  A reference to distance is a reference to distance measured in a straight line on a horizontal plane. Interpretation 23 Service by post 12.  Where a written law authorizes or requires a document to be served by post, then, until the contrary is proved, service-- (a) shall be presumed to be effected by properly addressing, prepaying and posting by registered post a letter containing the document; and (b) shall be presumed to have been effected at the time when the letter would have been delivered in the ordinary course of the post. DIVISION TWO Provisions Affecting Written Laws Generally Acts to be public Acts 13.  Every Act shall be a public Act unless the contrary is expressly provided therein. Division into sections 14.  Every Act shall be divided into sections, each of which shall have effect as a substantive enactment without any introductory words. Long title, preamble and schedules 15.  The long title and preamble and every schedule (together with any note or table annexed to the schedules) to an Act or to any subsidiary legislation shall be construed and have effect as part of the Act or subsidiary legislation. Notice to be taken of division into parts, chapters, etc. 16.  Where an Act or subsidiary legislation is divided into parts or chapters or otherwise, the fact and particulars of the division shall, without express mention thereof in the Act or subsidiary legislation, be taken notice of in all courts and for all purposes whatsoever. Laws of Malaysia ACT 388 24 Citation 17.  Where an Act or subsidiary legislation provides for the manner of its own citation, the use of that manner of citation (with or without a reference to its number and the year in which it was made or, where it is included in a current revised or reprinted edition of written laws, its chapter number or other number in that edition) shall be sufficient to identify it. Regard to be had to the purpose of Act 17A.  In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object. Gazette 18. (1) The Gazette shall be published in parts as follows: (a) a part to be known as the Acts Supplement which shall be published as and when necessary and which shall c o n t a i n all Acts of Parliament and all Ordinances promulgated by the Yang di-Pertuan Agong; (b) a part to be known as the Legislative Supplement A which shall be published as and when necessary and which shall contain all Royal Proclamations, orders, rules, regulations and by-laws; (c) a part to be known as the Legislative Supplement B which shall be published as and when necessary and which shall contain all subsidiary legislation other than that which is required to be published in the Legislative Supplement A; (d) a part to be known as the Bills Supplement which shall be published as and when necessary and which shall contain all Bills; (e) a part which shall be published fortnightly every alternate Thursday commencing with the first Thursday in each year which shall contain all matter which is required to be published in the Gazette or which the Government Interpretation 25 deems it necessary to publish for general information other than matter which this subsection requires to be published in the other parts. The Attorney General may authorize the publication of a special issue on any day other than an alternate Thursday. The fortnightly issue shall in addition contain particulars of any special issues of this part and all the other parts which have been published since the publication of the previous fortnightly issue. (2) Publication in the official Gazette of Malaysia shall constitute sufficient notice of any matter required to be published in the Gazette by or under any federal law or required to be published in the Sabah Government Gazette or the Sarawak Government Gazette by or under any enactment of those States which has been declared to be a federal law. (3) Where any matter is of local application only and is issued under the authority of a State officer or any person in the State having authority to do so under federal law it shall constitute sufficient notice thereof if the matter is published in the official Gazette of the State concerned. Commencement 19. (1) The commencement of an Act or subsidiary legislation shall be the date provided in or under the Act or subsidiary legislation or, where no date is so provided, the date immediately following the date of its publication in pursuance of section 18. (2) Acts and subsidiary legislation shall come into operation i m m e d i a t e l y on the expiration of the day preceding their commencement. (3) Notwithstanding subsections 2(1) and (2) and subsection 65(2), subsections (1) and (2) shall apply-- (a) to all Acts enacted after the 31 December 1968 including Acts which amend laws enacted before the commencement of Part I of this Act; and (b) to all subsidiary legislation made after the 31 December 1968, whether made under a law enacted before or after the commencement of Part I of this Act whether or not that law has been revised under the Revision of Laws Act 1968. Laws of Malaysia ACT 388 26 Subsidiary legislation may be retrospective 20.  Notwithstanding the absence of any express provision in any Act or other written law, where such Act or other written law empowers any person to make subsidiary legislation, such subsidiary legislation may be made to operate retrospectively to any date which is not earlier than the commencement of the Act or other written law under which it is made or, where different provisions of that law come into operation on different dates, the commencement of that law under which it is made: Provided that no person shall be made or shall become liable to any penalty in respect of any act done before the date on which the subsidiary legislation was published. Meaning of certain expressions in subsidiary legislation 21. (1) Terms and expressions used in subsidiary legislation have the same meaning as in the written law under which the subsidiary legislation was made. (2) In subsidiary legislation made under an Act, "the Act" means the Act under which the subsidiary legislation was made. Amendment, revocation, etc., of subsidiary legislation 22.  Subsidiary legislation may at any time be amended, varied, added to, revoked, suspended or revived by the person or authority by which it was made or, if that person or authority has been lawfully replaced by another person or authority, by that other person or authority. Avoidance of subsidiary legislation in case of inconsistency with Act 23. (1) 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. (1A) For the purposes of subsection (1), any subsidiary legislation made under an Act is not inconsistent with that Act or any other Act merely by reason of the absence in the Act under which it is made of any provision relating to the commencement, application, Interpretation 27 operation, interpretation or construction of the subsidiary legislation or to any other matter in connection with such subsidiary legislation if provisions relating to the commencement, application, operation, interpretation or construction of, or other matter in connection with, subsidiary legislation generally are contained in this Act. (2) In this section "Act" includes a federal law styling itself an Ordinance or Enactment. Things done under subsidiary legislation deemed to be done under authorizing law 24.  Anything done under any subsidiary legislation shall be deemed to be done under the Act or other written law under which the subsidiary legislation was made. Subsidiary legislation deemed to be made under all powers thereunto enabling 25.  Subsidiary legislation shall be deemed to be made under all powers thereunto enabling, whether in the Act or other written law under which it is made or under this Act and whether or not it purports to be made in exercise of any particular power or powers. Particular power to make subsidiary legislation without prejudice to general power 26.  Where power is conferred to make subsidiary legislation for a general purpose and also for any particular purposes incidental thereto, the enumeration of the particular purposes shall not derogate from the generality of the power conferred with reference to the general purpose. Penalties in subsidiary legislation 27.  Notwithstanding the absence of any express provision in any Act or other written law, subsidiary legislation may provide that contravention of any provision of the subsidiary legislation shall constitute an offence and for persons guilty of such offence to be liable on conviction to a fine or a term of imprisonment or both, but may not provide for any such fine to exceed one thousand ringgit or any such term to exceed six months. Laws of Malaysia ACT 388 28 Subsidiary legislation unaffected by repeal of authorizing law in certain cases 28.  Where a written law repeals in whole or in part any former written law and substitutes other provisions therefor, subsidiary legislation made under the repealed law shall, in so far as it is not inconsistent with the substituted provisions, remain in force until revoked or replaced by subsidiary legislation made under the repealing law, and shall be deemed for all purposes to have been made thereunder. Repeal does not revive earlier repealed laws, etc. 29.  The repeal of a written law shall not revive any written law or other thing not in force or existing immediately before the repeal took effect, and in particular (without prejudice to the generality of the foregoing) the repeal of a written law which itself repealed an earlier law shall not revive that earlier law. Matters not affected by repeal 30. (1) The repeal of a written law in whole or in part shall not-- (a) affect the previous operation of the repealed law or anything duly done or suffered thereunder; or (b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the repealed law; or (c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed law; or (d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been made. Interpretation 29 (2) Without prejudice to the generality of subsection (1)-- (a) the repeal of a written law which adopts, extends or applies another written law shall not-- (i) invalidate the adoption, extension or application; or (ii) prejudicially affect the continued operation of the adopted, extended or applied law; and (b) the repeal of a written law which amends another written law shall not-- (i) invalidate the amendments made by the repealed law; or (ii) prejudicially affect the continued operation of that other law as amended. Repeal includes amending legislation 31.  The repeal of a written law which has been amended by another written law includes the repeal of the amending law: Provided that, where the amending law provides for matters other than the amendment of the repealed law, only those provisions of the amending law which effect the amendment shall be repealed by virtue of this section. Expiry 32.  Sections 28, 29, 30 and 31 shall apply on the expiry of a written law as they would have applied if that law had been repealed. Specific transitional and saving provisions to be without prejudice to sections 28 to 32 33.  Specific transitional or saving provisions included in a written law shall be without prejudice to the application of sections 28, 29, 30, 31 and 32 in respect of that law. Construction of amended law with amending law 34.  Where a written law amends another written law, the amending law shall be read and construed as one with the amended law. Laws of Malaysia ACT 388 30 References to written laws 35. (1) A reference to a particular written law-- (a) is a reference to that law as amended or extended from time to time; and (b) includes a reference to any subsidiary legislation made thereunder. (2) Where any written law or any provision of a written law is repealed and re-enacted (with or without modification), references in any other written law to the law or provision so repealed shall be construed as references to the re-enacted law or provision. (3) A reference to a group of sections or other divisions (by whatever name called) of a written law includes both the first and the last section or other division referred to. (4) A reference to the number of a line of any provision of a written law is a reference to the line of that number in the latest official printed copy of that law at the time of the making of the law containing the reference. Internal references in written laws 36. (1) In any written law-- (a) a reference to a specified part is a reference to that part of that law; (b) a reference to a specified schedule is a reference to that schedule to that law; and (c) a reference to a specified chapter is a reference to that chapter of the part of that law in which the reference occurs. (2) In an Act-- (a) a reference to a specified section is a reference to that section of that Act; (b) a reference to a specified subsection is a reference to that subsection of the section in which the reference occurs; Interpretation 31 (c) a reference to a specified paragraph is a reference to that paragraph of the section, subsection or schedule in which the reference occurs; and (d) a reference to a specified subparagraph is a reference to that subparagraph of the paragraph in which the reference occurs. (3) In subsidiary legislation-- (a) a reference in rules or regulations to a specified rule or regulation is a reference to that rule or regulation of the rules or regulations in which the reference occurs; (b) a reference to a specified paragraph in a rule, regulation or schedule or in an order which is divided into paragraphs is a reference to that paragraph of the rule, regulation, schedule or order in which the reference occurs; and (c) a reference to a specified subparagraph is a reference to that subparagraph of the paragraph in which the reference occurs. DIVISION THREE Powers and Appointments Time for exercise of power 37.  Where a written law confers any power or imposes any duty, the power may be exercised and the duty shall be performed from time to time as occasion requires. Power of majority 38.  Where by or under a written law any act or thing may or is required to be done by more than two persons, a majority of them may do it. Law officers 39. (1) A written law conferring powers or imposing duties on the Attorney General shall be construed as conferring those powers or imposing those duties on both the Attorney General and the Solicitor General. Laws of Malaysia ACT 388 32 (2) A delegation of functions to the Attorney General pursuant to a written law shall be deemed to be a delegation to both the Attorney General and the Solicitor General. Implied powers 40. (1) Where a written law confers a power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also given as are reasonably necessary to enable the person to do or enforce the doing of the act or thing. (2) Without prejudice to the generality of subsection (1)-- (a) power to make subsidiary legislation to control or regulate any matter includes power to provide for the same by licensing and power to prohibit acts whereby the control or regulation might be evaded; (b) power to grant a licence, permit, authority, approval or exemption includes power to impose conditions subject to which the licence, permit, authority, approval or exemption is granted; and (c) where a power is conferred on any person to direct, order or require any act or thing to be done, there shall be deemed to be imposed on any person to whom a direction, order or requisition is given in pursuance of the power a duty to comply therewith. Powers of certain bodies not affected by vacancy, etc. 41.  A board, commission, committee or similar body (whether corporate or unincorporate) established by or under a written law may act notwithstanding any vacancy in its membership; and its proceedings shall not be invalidated by-- (a) any defect afterwards discovered in the appointment or qualification of a person purporting to be a member; or (b) any minor irregularity in the convening or conduct of a meeting; or (c) the presence or participation of a person not entitled to be present or participate. Interpretation 33 Exercise of power between publication and commencement of Act 42.  Where by an Act which is not to come into operation until a date subsequent to its publication there is conferred a power to make subsidiary legislation, to make appointments or to do any other thing for the purposes of the Act, the power may be exercised on or at any time after the date of publication of the Act but (except to such extent as may be necessary to bring the Act or any provision thereof into operation) shall not have effect until the commencement of the Act or, where different provisions of the Act come into operation on different dates, the commencement of the provision conferring the power. Construction of power to appoint commencement 43.  A power to appoint a date on which a written law shall come into operation does not include power to appoint-- (a) a date prior to the date on which the instrument of appointment is published; or (b) different dates for different provisions of that law, unless express provision is made in that behalf. Implied powers in respect of fees and charges 44.  A power to make subsidiary legislation prescribing fees or charges includes power to provide for-- (a) the imposition (either generally or under specified conditions or in specified circumstances) of-- (i) specific fees or charges; (ii) maximum or minimum (or maximum and minimum) fees or charges; and (iii) no fee or charge; and (b) the partial or total reduction, waiver or refund of the fees or charges in accordance with specified conditions, in the discretion of a specified person or on the happening of a specified event. Laws of Malaysia ACT 388 34 Construction of power to extend time 45.  Where in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend that time, the power may be exercised by the court or authority although the application for its exercise is not made until after the expiration of the time prescribed. Power to delegate hearing of appeals 46. (1) The Yang di-Pertuan Agong or a Minister, where an appeal is made to him in pursuance of any written law, may appoint a committee (which shall not include the person from whose decision the appeal is made) for the purpose of hearing the appeal and tendering advice as to the decision which should be made thereon. (2) The Yang di-Pertuan Agong or a Minister shall not be bound to accept advice tendered under subsection (1). Power to appoint includes power to remove, etc. 47.  Where a power to make an appointment is conferred by any written law, the appointing authority shall also have power (subject to any limitations or qualifications which affect the power of appointment) to remove, suspend, reappoint or re-instate any person appointed in the exercise of the power. Power to appoint member of board, etc., temporarily 48.  Where a power is conferred by a written law to appoint any person to be a member of any board, commission, committee or similar body, the appointing authority may, if during any period owing to absence or inability to act from illness or any other cause any member so appointed is unable to act as such, appoint some other person to act temporarily for that member during the period of absence or inability. Power to appoint chairman, etc. 49.  Where a power is conferred by any written law to appoint the members of any board, commission, committee or similar body, the appointing authority may appoint a chairman, deputy chairman and secretary of the board, commission, committee or body. Interpretation 35 Appointment may be made by office and with retrospective effect 50.  Where under any written law the Yang di-Pertuan Agong, a State Authority, a Minister or any other authority is empowered to appoint a person to exercise any function, to be a member of any board, commission or similar body or to be or do any other thing, he may-- (a) instead of appointing a person by name, appoint the holder of an office by the term designating the office; and (b) if he thinks fit, make the appointment with retrospective effect to a date not earlier than the commencement of the law under which it is made. Temporary exercise of ministerial functions 51. (1) Where a Minister is temporarily prevented from exercising his functions by sickness, absence or any other cause, the Yang di-Pertuan Agong may direct, subject to such conditions, exceptions or qualifications (if any) as he thinks fit, that those functions shall be exercisable by another Minister; and, while the direction is in force, those functions shall be exercisable by that other Minister accordingly. (2) A direction given under subsection (1) may be retrospective and may be revoked or varied by the Yang di-Pertuan Agong at any time. Appointment, etc., in the public services 52. (1) A written law providing for an appointment to be made by the Yang di-Pertuan Agong or a State Authority shall, if it relates to a public office, be construed as providing for the appointment to be made in accordance with the law for the time being regulating appointments to the public services. (2) The authority responsible for making appointments to any public office may appoint a person to act in that office during any period when the holder of the office is prevented from exercising his functions by sickness, absence or any other cause. Laws of Malaysia ACT 388 36 (3) When the substantive holder of a public office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed to be the substantive holder of the office. (4) Nothing in this section or in the other provisions of this Division shall be construed as empowering any authority-- (a) to make an appointment to a public office; or (b) to remove or suspend a public officer from office, otherwise than in accordance with the law for the time being regulating the public services. DIVISION FOUR Miscellaneous Computation of years of age 53.  In computing years of age for the purposes of any written law, a person shall be regarded as having completed a year of age on the expiration of the day preceding the anniversary of his birth, reckoned according to the Gregorian calendar: Provided that for the purposes of this section the anniversary of the birth of a person born on 29 February shall, in a year which is not a leap year, be taken as 1 March. Computation of time 54. (1) In computing time for the purposes of any written law-- (a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done; (b) if the last day of the period is a weekly holiday or a public holiday (referred to in this subsection as excluded days) the period shall include the next following day which is not an excluded day; Interpretation 37 (c) where any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next following day which is not an excluded day; and (d) where any act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time. (2) Where no time is prescribed within which anything shall be done, that thing shall be done with all convenient speed and as often as the prescribed occasion arises. Evidence of signature on fiat, etc. 55.  Any written law providing that the fiat, consent or authority of any person is necessary before any prosecution or other legal proceedings are begun, or for any other purpose in connection with any legal proceedings, shall be deemed also to provide that any document purporting to be or to bear the signed fiat, consent or authority of that person shall be received as prima facie evidence in any proceedings without proof being given that the signature is what it purports to be. Ex-officio proceedings not to abate on death, etc. 56.  Any written law providing