4.
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).
5.
Hybrid Bill:
Introduced either by Ministers or private
individuals.
Prejudicially affects individual rights or
interests (affects a certain group of people in
a society).
6.
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.
8.
Drafting of the Bill
If proposed by the government, the Bill will
be drafted by the Drafting Division, AttorneyGeneral’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.
9.
The Bill will undergo these stages:
First Reading
Second reading
Committee Stage
Third Reading
10.
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.
11.
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.
12.
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).
13.
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.
14.
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)
15.
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.”
16.
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.”
17.
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…”
18.
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.
19.
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”.
20. 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.”
21.
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.
