SOURCES OF LAW – Part 2The Legislative Process

How does a Bill become law?

What is a Bill?

Bill: a law in draft; becomes law after following certain

procedures.

Types of Bills

Private Bill: Initiated by an individual e.g. NGOs,

or any private citizen (people who have no locus in Parliament).

E.g. the Sexual Harassment Bill, introduced by NGO (AWAM).

Hybrid Bill: Introduced either by Ministers or

private individuals. Prejudicially affects individual rights

or interests (affects a certain group of people in a society).

Public Bill: Introduced by Ministers. Relates to matters of government

policy and having a general application over the entire nations.

The most common type of Bill in Malaysia.

The procedures

Pre-Parliamentary procedure Parliamentary procedure Post Parliamentary procedure

1. Pre-Parliamentary procedure

Drafting of the Bill If proposed by the government, the

Bill will be drafted by the Drafting Division, Attorney-General’s Chambers.

Bill is taken to Parliament by the Minister concerned to fix the date for First Reading.

Clerk of the House will fix date for First Reading.

2. Parliamentary procedure

The Bill will undergo these stages: First Reading Second reading Committee Stage Third Reading

-- First Reading

Introduce the Bill to members of the House.

Minister will read out the short title of the Bill.

The Bill would be circulated. Everyone gets a copy. (To give notice that the Bill will be debated later during Second Reading).

The Bill will be gazetted (made known to the public).

Parliament sets date for Second Reading.

-- Second Reading

The most crucial stage. The Bill will be discussed extensively. At the end of the discussion, members will be

required to vote in favour of, or against the Bill. Once the required votes are obtained, the Bill

shall move to the next stage (i.e. the Committee Stage). Vote: simple 2/3 majority of the members present for

Ordinary Bills. If 2/3 majority is not obtained, the Bill is rejected.

Votes to amend the Constitution: Article 159(3) FC requires 2/3 majority of all members of both Houses. All must be present.

-- Committee Stage

The Bill is discussed in an informal manner.

Members of the House become the members of the Committee.

The House may also appoint an ad hoc committee to discuss the Bill (usually when it involves technical matters).

-- Third Reading

The final stage before the Bill is deemed passed by that House.

Usually does not involve much debate.

Members are invited to vote for or against the Bill once again.

Once the required votes are obtained, the Bill is considered/deemed passed by that House.

Senate

The Bill will be forwarded to the Senate where a similar procedure will be followed.

The Senate has no power to reject the Bill.

But the Senate may delay sending the Bill back to the House of Representative.

It is possible to bypass the Senate but there is a waiting period.

(Waiting period for Money Bill is 1 month; other Bills 12 months)

3. Post Parliamentary Procedure

Royal Assent The Bill will be presented to the

YPDA for Royal Assent by affixing the public seal.

Article 66(4) FC: “The YDPA shall within thirty days after a Bill is presented to him assent

to the Bill by causing the Public Seal to be affixed thereto.”

What happens if a Bill is not assented to?

Article 66 (4A):“If a Bill is not assented to by the YDPA within the time specified in

Clause (4), it shall become law at the expiration of the time

specified in that Clause in the like manner as if he had assented

thereto.”

When does a Bill become law?

Article 66 (5):

“A Bill shall become law on being assented to by the YDPA or as

provided in Clause (4a), but no law shall come into force until it has been

published…”

A Bill does not come into force until it has been gazetted.

All law must be gazetted in accordance with section 18 of the Interpretation Acts 1948 & 1967.

Commencement of the Law

Section 19 Interpretation Acts 1948 & 1967:

“The commencement of an Act…shall be the date provided in or under the

Act…or, where no date is so provided, the date immediately

following the date of its publication”.

Article 66 (5):“A Bill shall become law on being

assented to by the YDPA or as provided in Clause (4A), but no law shall come into force until it has been published,

without prejudice, however, to the power of parliament to postpone the

operation of any law or to make laws with retrospective effect.”

Power of Parliament to postpone the operation of the law or to make laws with retrospective effect.

Parliament can specify that the law is to take effect at a later date even though it is published today (for example). E.g. Law Reform (Marriage and Divorce) Act

1976 came into force on 1 March 1982. Laws with retrospective effect e.g. law is

gazetted today but implemented 1st January 2013.