Subsidiary Legislation In Malaysia

Subsidiary legislation is also known as delegated legislations, it is one of the written sources of law. According to the Section 3 of Interpretations Act 1967, subsidiary legislation is a law that passed by a subordinate authority other than legislations under the powers given to it by an Act/ Enactment/ Ordinance frequently called the parent or enabling Act.

There are four factors which give rise to the increasing numbers of the subsidiary legislations which are limitation on parliamentary time, technicality subject of matter, flexibility and emergency.

First, limitation on parliamentary time. It is said that it may not give the quantity and quality of law, that which is required for the proper functioning of a recent government even if today

According to Article 74(1), acts is the law that enacted by Parliament. There are four types of Acts, which is Principal Act, Amendment Act, Revised Act and Consolidated Act.

Principal Act is the most common and main Act that formed without any amendments or changes. The Principal Acts in Malaysia are such as Contract Act 1950, Companies Act 1965, Co-operative Societies Act 1993, Police Act 1967 and so on. The principal acts are made by Parliament.

Amendment Act is the act that make alteration, changes or correction from the principal act. The amendment is to improve the act to be better. The examples of Amendment Acts in Malaysia are such as Companies (Amendment) Act 2007, which is amend referred to the principal act, the Companies Act 1965. The amendments can be made by insert the subsection, substitute the subsection and delete some of the words. Other than that, Companies Commission of Malaysia (Amendment) Act 2015 also one of the example of amendment act, it is amend from Companies Commission of Malaysia Act 2001. It is also enacted by Parliament. The example of amendment is the substitute of Section 6, which is membership of the

The role of YDPA for passing the law is that, the signature is required from YDPA in order to make the bill become law. However, YDPA does not have the right to reject the bill. In the case that YDPA does not sign it within 30 days, the bill will send back to House of Representative and repeat the same process again. For this time, the bill will become law automatically even though YDPA still does not sign it within 30 days. In addition, the law will only take effect once the law has been published in the Federal Gazette.

The importance of publish the law can be classified into 5 points.

Firstly, through update the amendment on existing law or added the new law to the Federal Gazette, the public are able to know the latest law that enforceable in our country currently.

Secondly, it is able to control the behavior of all of the members of society, which including existing businesses and companies. For instance, a food company will not adding too much of food additive that exceed the maximum proportion to the food as it is stated under Section 19(5)(c) of the Food Act 1983.

Thirdly, it is able to make the public know what act they can take in order to protect themselves. For example, a victim of a robbery can take action according to the section of the act to sue the robber from rob the car.

Fourthly, it is able to make the public know what is the action that can be taken which is acceptable by the