LEGISLATION PDF.pdf

7/26/2019 LEGISLATION PDF.pdf

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DEFINITION

Law enacted by

Legislature

Primarylegislations

Bodies or personsauthorized by

legislature

Delegated /Subsidiarylegislations


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Legislature

Federal level

PARLIAMENT

1/4/1946-10/9/1959:-

Ordinance

Afterwards:-

Act

Partnership Act

1960

State level

STATELEGISLATIVEASSEMBLY

All states:-Enactments

Selangor IslamicFamily Law

Enactment 1984

Sarawak:-

Ordinance


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LEGISLATIVE AUTHORITY

Article 44 of the FC vests the legislative authority ofMalaysia in Parliament comprising of YDPA and the 2

houses of Parliament, Dewan Negara (Senate) andDewan Rakyat (House of Representative).


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LEGISLATIVE PROCESS

PRE

PARLIAMENTARYSTAGE

PARLIAMENTARYSTAGE


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PRE PARLIAMENTARY STAGE

PROPOSAL

CONSULTATION

DRAFTING OF

BILL


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TYPES OF BILLS

PUBLICBILL

Matters on general public interest e.g. nationaldefence, public order, taxation

PRIVATEBILL

Deal with matters of local or private concern

HYBRIDBILL

Deals with matters of public interest which mayaffect adversely or otherwise the interest of someprivate bodies or persons.


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PARLIAMENTARY STAGE

FIRSTREADING

SECONDREADING

COMMITTEESTAGE

THIRDREADING

DEWANNEGARA

ROYALASSENT

PUBLICATION


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FIRST READING

Mere formality

May be introduced even before the bill is printed and

circulated. Minister introduced the Bill by having its short title

read by the clerk of the Dewan.


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SECOND READING

The most important stage

Can only occur when the bill is printed and circulated

Minister outlines the main principles of the Bill.A debate on the principles ensues.

If the Bill receives a requisite number of votes, itproceeds to the Committee Stage.


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COMMITTEE STAGE

Detailed examination of the Bill and consideration ofamendments, followed by a report on the Bill to the

Dewan.


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THIRD READING

The Bill is reviewed.

A debate if any centres only on general principles

Substantive amendments are not allowed except withthe permission of the Speaker to correct errors oroversight.

If passed at this stage, the Bill is sent to Dewan Negara


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DEWAN NEGARA

When the Bill is passed with or without amendmentby the Dewan Negara, it is returned to Dewan Rakyat.

Dewan Negara has no veto,reject,or insist its

amendments to a Bill passed by the Dewan Rakyat.

A 68 of the FC-DN is restricted to delay the passage ofthe Bill-1 month if it is a money Bill and 12 months if it

is a non-money Bill (except Bill amending FC) If DN does not pass the Bill, the Bill will be presented

for Royal Assent after specified period,


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ROYAL ASSENT

When the Bill is passed by both Dewan, it is presentedto YDPA for his assent.

A66(4) of the FC, YDPA shall assent to the Bill bycausing the Public Seal to be affixed thereto within 30days after it is presented to him.

If not affected within the timeframe, the Bill becomes

law as if it had been assented to. The Bill becomes law once Royal Assent is given.


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PUBLICATION

An act cannot come into force until it is published.

Publication is done in the Warta Kerajaan Malaysia

(Federal gazette).An Act comes into force on a prescribed date or where

no date is prescribed, the date immediately followingthe date of its publication in the Gazette.

Documents

LEGISLATION PDF.pdf