Amendment Act · As enacted
Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) (Amendment) Act 2022
Amends the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020Official textFrom Laws of Malaysia Online, unchanged
s 1Short title
This Act may be cited as the Temporary Measures for
Reducing the Impact of Coronavirus Disease 2019 (COVID-19)
(Amendment) Act 2022.
s 2Amendment of long title
The Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) Act 2020 [Act 829], which is referred to as the “principal Act” in this Act, is amended in the long title by inserting after the words “the Private Employment
Agencies Act 1981,” the words “the Sabah Labour Ordinance, the Sarawak Labour Ordinance,”.
TEMPORARY MEASURES FOR REDUCING THE
IMPACT OF CORONAVIRUS DISEASE 2019
(COVID-19) (AMENDMENT) ACT 2022
s 3Amendment of section 2
Section 2 of the principal Act is amended by inserting after the words “[Act 246],” the words “the Sabah Labour Ordinance
[Cap. 67], the Sarawak Labour Ordinance [Cap. 76],”.
s 4Amendment of section 9
Section 9 of the principal Act is amended by substituting for subsection (1) the following subsection:
“(1) Any dispute in respect of any inability of any party or parties to perform any contractual obligation arising from any contract due to the measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988
to control or prevent the spread of COVID-19 may be settled by way of mediation.”.
s 5New Part XIa
The principal Act is amended by inserting after Part XI the following part:
“Part XIa
ADDITIONAL MODIFICATIONS TO THE HOUSING
DEVELOPMENT (CONTROL AND LICENSING) ACT 1966
Interpretation 38a. In this Part—
“agreement” means an agreement for a contract of sale for the sale and purchase of housing accommodation in the forms prescribed in Schedules G, H, I and J of the Housing Development (Control and Licensing)
Regulations 1989; and
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
“first agreement” means the first agreement entered into between a purchaser and developer for a housing accommodation in relation to a housing development under one housing developer’s licence and one advertisement and sale permit.
Late payment charges 38b. (1) In relation to a housing development, notwithstanding any agreement entered into between a developer and a purchaser, where due to measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988
to control or prevent the spread of COVID-19, the purchaser fails to pay any instalment for the period from 1 January 2021
to 31 December 2021, the developer shall not impose any late payment charges in respect of such unpaid instalment on the purchaser.
Subsection (1) applies only to a purchaser and a developer of a housing development for which its first agreement was entered into before 31 May 2021.
Delivery of vacant possession and completion of common facilities 38c. (1) In relation to a housing development, notwithstanding any agreement entered into between a developer and a purchaser, the developer may apply to the Minister for any period from 1 January 2021 to 31 December 2021 to be excluded from the calculation of the time for delivery of vacant possession of a housing accommodation or completion of common facilities, as the case may be, in the housing development.
Upon considering the application under subsection (1), the Minister may exclude any period from 1 January 2021
to 31 December 2021 from the calculation of time for delivery of vacant possession of a housing accommodation or completion of common facilities if the Minister is satisfied that due to measures prescribed, made or taken under the Prevention and
Control of Infectious Diseases Act 1988 to control or prevent the spread of COVID-19, the developer was unable to deliver vacant possession of a housing accommodation or complete the common facilities in accordance with the agreement.
The Minister shall not consider an application under subsection (1) if the application is made after the expiry of the time for delivery of vacant possession or the completion of common facilities specified under the agreement.
Subsection (1) applies only to a developer of a housing development for which its first agreement was entered into before 31 May 2021.
For the purposes of assessing the liquidated damages due to the failure of the developer to deliver vacant possession of a housing accommodation or complete the common facilities, the period excluded by the Minister under subsection (2) shall not be taken into account.
Taking of vacant possession 38d. Notwithstanding any agreement entered into between a developer and a purchaser, where due to measures prescribed, made or taken under the Prevention and Control of Infectious
Diseases Act 1988 to control or prevent the spread of
COVID-19, the purchaser is unable to take possession of a housing accommodation from the date of service of a notice to take vacant possession from the developer during the period from 1 June 2021 to 31 October 2021 or any excluded period granted under subsection 38c(2), the purchaser shall not be deemed to have taken such vacant possession.
Defect liability period 38e. Notwithstanding any agreement entered into between a developer and a purchaser, in relation to any housing development, the period from 1 June 2021 to 31 October 2021
shall be excluded from the calculation of—
the defect liability period after the date the purchaser takes vacant possession of a housing accommodation;
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
the defect liability period after the date of completion of common facilities; and
the time for the developer to carry out works to repair and make good any defect, shrinkage and other faults in a housing accommodation and common facilities.
Saving 38f. (1) Any exclusion or extension which has been granted under sections 38b, 38c, 38d and 38e shall not affect any exclusion or extension which has been granted under sections 34, 35 and 36.
The modifications in sections 38b, 38c, 38d and 38e shall not affect any legal proceedings commenced, or any judgment or award obtained, to recover late payment charges payable by the purchaser or liquidated damages payable by the developer or any other sum during the period from 24 October 2020 until the date immediately before the coming into operation of this Part.
Notwithstanding sections 38b and 38c, any late payment charges that has been paid by the purchaser or liquidated damages that has been paid by the developer immediately before the coming into operation of this Part shall be deemed to have been validly paid under the Housing Development Act
(Control and Licensing) 1966 and its regulations, and such payment shall not be refunded to the payer.”.
s 6Substitution of section 39
The principal Act is amended by substituting for section 39
the following section:
“Commencement of modifications to the Industrial Relations
This Part, except sections 40a and 40b, is deemed to have come into operation on 18 March 2020.
Section 40a is deemed to have come into operation on 1 June 2021.
Section 40b is deemed to have come into operation on 10 June 2020.”.
s 7New sections 40a and 40b
The principal Act is amended by inserting after section 40
the following sections:
“Period for according recognition, making a report and filing of representation from 1 June 2021 to 31 December 2021 40a. The period from 1 June 2021 to 31 December 2021
shall be excluded from the calculation of the period under the Industrial Relations Act 1967 for according recognition or notifying the trade union of workmen concerned in writing the grounds for not according recognition under subsection 9(3), the making of a report in writing to the Director General for
Industrial Relations under subsection 9(4) and the filing of representation under subsection 20(1a).
Period for according recognition, making a report and filing of representation for employers, trade unions of employers, etc., who or which are in a place that is subject to enhanced movement control order 40b. (1) The period which any employer, trade union of employers, trade union of workmen or workman is in a place that is subject to an enhanced movement control order shall be excluded from the calculation of the period under the Industrial Relations Act 1967 for according recognition or notifying the trade union of workmen concerned in writing the grounds for not according recognition under subsection 9(3), the making of a report in writing to the Director General for
Industrial Relations under subsection 9(4) and the filing of representation under subsection 20(1a).
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
For the purposes of subsection (1), “enhanced movement control order” refers to directions given by an authorized officer under subsection 11(3) of the Prevention and Control of Infectious Diseases Act 1988.”.
s 8Substitution of section 42
The principal Act is amended by substituting for section 42
the following section:
“Period for renewal of licence, payment of licence fee and deposit of money guarantee under section 11
s 42
The period from 18 March 2020 until the expiry period of the operation or any extended operation date of this Act, but shall not exceed 31 December 2022, shall be excluded from the calculation of the period—
for submitting an application for the renewal of licence under subsection 11(1) of the Private Employment
Agencies Act 1981; and
for making payment of the licence fee and depositing the money guarantee under subsection 11(3)
of the Private Employment Agencies Act 1981.”.
s 9New Parts XIIIa and XIIIb
The principal Act is amended by inserting after Part XIII the following parts:
“Part XIIIa
MODIFICATIONS TO THE SABAH LABOUR ORDINANCE
Commencement of modifications to the Sabah Labour
Ordinance 42a. This Part is deemed to have come into operation on 1 June 2021.
s 42bPeriod for making a complaint under subsection 7a(3)
The period from 1 June 2021 until the expiry period of the operation or any extended operation date of this Act, but shall not exceed 31 December 2022, shall be excluded from the calculation of the period for making a complaint to the Director of Labour under subsection 7a(3) of the Sabah Labour Ordinance.
Period for making a complaint under subsection 7a(3) for employees who are in a place that is subject to enhanced movement control order 42c. (1) The period which any employee is in a place that is subject to an enhanced movement control order shall be excluded from the calculation of the period for making a complaint to the Director of Labour under subsection 7a(3)
of the Sabah Labour Ordinance.
For the purposes of subsection (1), “enhanced movement control order” refers to directions given by an authorized officer under subsection 11(3) of the Prevention and Control of Infectious Diseases Act 1988.
Part XIIIb
MODIFICATIONS TO THE SARAWAK LABOUR ORDINANCE
Commencement of modifications to the Sarawak Labour
Ordinance 42d. This Part is deemed to have come into operation on 29 May 2021.
s 42ePeriod for making a complaint under subsection 8a(3)
The period from 29 May 2021 to 31 October 2021 shall be excluded from the calculation of the period for making a complaint to the Director of Labour under subsection 8a(3)
of the Sarawak Labour Ordinance.
Temporary Measures for Reducing the Impact of
Coronavirus Disease 2019 (COVID-19) (Amendment)
11
Period for making a complaint under subsection 8a(3) for employees who are in a place that is subject to enhanced movement control order 42f. (1) The period which any employee is in a place that is subject to an enhanced movement control order shall be excluded from the calculation of the period for making a complaint to the Director of Labour under subsection 8a(3)
of the Sarawak Labour Ordinance.
For the purposes of subsection (1), “enhanced movement control order” refers to directions given by an authorized officer under subsection 11(3) of the Prevention and Control of Infectious Diseases Act 1988.”.
s 10Amendment of section 59
Subsection 59(1) of the principal Act is amended by substituting for the words “9 June 2020” the words “31 December 2021”.