ELECTRICITY SUPPLY (AMENDMENT) ACT 2025

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of long title

by inserting after the definition of “generator” the following definition:

‘ “green attributes” means the full set of environmental, power source and emissions characteristics, whether in the form of credits, benefits, emissions reductions, offsets, allowances or by any other designation, attributable to the renewable energy from any installation;’;

by inserting after the definition of ‘ “grievous hurt” and

“hurt” ’ the following definition:

‘ “importation of electricity or exportation of electricity licence” means a licence issued under section 22d;’;

by inserting after the new definition of “importation of electricity or exportation of electricity licence” the following definition:

‘ “importation of electricity or exportation of electricity licensee” means a person licensed under section 22d;’;

by inserting after the definition of “equipment” the following definition:

‘ “exportation of electricity” means the supply and selling of electricity through any installation in

Malaysia to any person or place outside Malaysia;’;

by inserting after the definition of “management” the following definition:

‘ “Market Operator” means any person or a unit, department or division who is authorized under section 22c responsible for the management of provision and transaction of electricity and related services, which includes planning, scheduling, providing and settlement, and any other function as may be prescribed;’;

Electricity Supply (Amendment)

by inserting before the new definition of “importation of electricity or exportation of electricity licence” the following definition:

‘ “importation of electricity” means the supply and buying of electricity into any installation in Malaysia from any person or place outside Malaysia;’; and

by inserting after the definition of “Registrar” the following definition:

‘ “renewable energy” has the meaning assigned to it in the Energy Commission Act 2001 [Act 610];’.

Amendment of section 4

by deleting the word “and” at the end of paragraph (lc);

and

by inserting after paragraph (lc) the following paragraphs:

“(ld) to issue importation of electricity or exportation of electricity licence under section 22d of this Act;

(le) to exercise regulatory functions in respect of the importation of electricity and exportation of electricity; and”.

Amendment of section 9e

by inserting after the word “licensees” the words

“, importation of electricity or exportation of electricity licensees, the Market Operator”; and

by inserting after the words “the procurement” the words

“or provision of electricity or on any dealing”.

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New section 22c

The Market Operator shall comply with any regulations, codes, guidelines or directions with regards to its functions as may be made or issued by the Minister or the Commission, as the case may be, under this Act.

A Market Operator, pursuant to discharging its functions under this Act, shall ensure non-discriminatory conduct and optimal operation of such power system to the extent that it does not compromise the reliability, security and safety of the power system.”.

New Part IVa

import any electricity from any person or place outside

Malaysia; or

Electricity Supply (Amendment)

export any electricity to any person or place outside

Malaysia, whether generated in, or imported from outside, Malaysia, except under and in accordance with the terms and conditions of importation of electricity or exportation of electricity licence as may be prescribed authorizing the importation of electricity or exportation of electricity, as the case may be.

The importation of electricity or exportation of electricity licence may be granted by the Commission with the approval of the Minister upon payment of such fees and upon such terms and conditions as appear to be requisite or expedient having regard to the duties imposed by section 4.

The Commission may, whether a notice has been served or not, levy a surcharge for the late payment of fees due from an importation of electricity or exportation of electricity licensee to the Commission, at a rate of one per cent per month or part of a month on such fees or at any other rate as may be prescribed.

Notwithstanding subsection (2), the Commission may grant an importation of electricity or exportation of electricity licence upon payment of fees and upon such conditions as appear to be requisite or expedient having regard to the duties imposed by section 4 in respect of any importation of electricity and exportation of electricity as may be prescribed.

No importation of electricity or exportation of electricity licence shall be capable of being transferred unless the written consent of the Minister has been given.

An importation of electricity or exportation of electricity licence may be for such period as the Commission may approve provided that no licence shall, without the express approval of the Minister, be for a period exceeding twenty-one years.

The duration of the importation of electricity or exportation of electricity licence shall be set out therein.

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The Commission may, with the approval of the Minister, at any time—

All provisions of the Act applicable to a licensee under section 9 shall also be applicable to an importation of electricity or exportation of electricity licensee under this section.”.

Amendment of section 26

Any importation of electricity or exportation of electricity licensee, who without lawful excuse, fails to comply with any term or condition imposed on the importation of electricity or exportation of electricity licence under section 22d, commits an offence and shall, on conviction, be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding three years or to both.”.

Amendment of section 44b

in the shoulder note, by inserting after the word “licensee”

the words “, etc.”; and

in subsection (1), by inserting after the words

“A licensee” the words “, an importation of electricity or exportation of electricity licensee, the Market Operator or Single Buyer”.

Amendment of section 44c

The Commission may, from time to time, issue any guidelines in writing on any matter relating to green attributes including—

by renumbering the existing section as subsection (1);

and

by inserting after the renumbered subsection (1) the following subsection:

“(2)  Any person who fails to comply with any guidelines of the Commission relating to the importation of electricity and exportation of electricity issued under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding three years or to both.”.

Electricity Supply (Amendment)

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Amendment of section 53