Energy Commission Sabah Enactment 2023

Short title, application and commencement

“Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a);

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“Chief Executive Officer” means the Chief Executive Officer of the

Commission having the duties described in section 19;

“Commission” means the Commission established under section 3;

“committee” means any committee established by the Commission under section 12;

“electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal;

“electricity supply laws” means the Electricity Supply Enactment 2024 and includes –

Establishment of Commission

The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval.

The office of a member of the Commission, other than the Chief Executive Officer, shall be vacated —

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13. (1) The provisions of the Schedule shall apply to the members of the

Commission and the members of a committee appointed under section 12.

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PART III

FUNCTIONS AND POWERS OF THE COMMISSION

Functions and powers of the Commission

14. (1) The Commission shall have all the functions imposed on it under the energy supply laws and shall also have the following functions:

(a)

to advise the Minister on all matters concerning the state policy for energy supply activities;

(aa)

to advise the Minister on all matters relating to the generation, production, transmission, distribution, supply and use of electricity as provided under the electricity supply laws;

(b)

to advise the Minister on all matters relating to the supply of gas through pipelines and the use of gas as provided under the gas supply laws;

(c)

to implement and enforce the energy supply laws;

(ca)

to regulate all matters relating to the supply of electricity industry and to protect any person from dangers arising from the generation, production, transmission, distribution, supply and use of electricity as provided under the electricity supply laws;

(d)

to regulate all matters relating to the supply of gas through pipelines and to protect any person from dangers arising from the supply of gas through pipelines and the use of gas as provided under the gas supply laws;

(e)

to promote efficiency, economy and safety in the generation, production, transmission, distribution, supply and use of electricity and in the supply of gas through pipelines and the use of gas supplied through pipelines;

(f)

to promote and safeguard competition and fair and efficient market conduct or, in the absence of a competitive market, to prevent the misuse of monopoly or market power in respect of the generation, production, transmission, distribution and supply of electricity and the supply of gas through pipelines;

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(fa)

to promote the use of renewable energy and the conservation of non-renewable energy;

(g)

to promote research into, and the development and the use of, new techniques relating to –

(h)

to encourage and promote the development of the electricity supply industry and the supply of gas through pipelines including in the area of training;

(i)

to encourage and promote self-regulation in the electricity supply industry and the supply of gas through pipelines;

(j)

to carry out any function conferred by or under the energy supply laws;

(k)

to review the energy supply laws and to make the necessary recommendations to the Minister; and

(l)

to carry on all such activities as may appear to the Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of its functions under the energy supply laws.

Delegation of Commission’s functions or powers

15. (1) The Commission may, in writing, delegate any of its functions or powers, other than its power to make subsidiary legislation, to —

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Direction by Minister

16. The Minister may, from time to time, give directions of a general character, consistent with the provisions of the energy supply laws, not inconsistent with the provisions of this Enactment as to the performance of the functions and the exercise of the powers of the Commission under this Enactment and it shall be the duty of the Commission to give effect to such directions.

Returns, reports, accounts and information

17. The Commission shall furnish to the Minister, and any public authority as may be specified by the Minister, such returns, reports, accounts and information with respect to its activities, its finances and the policy it is pursuing or proposes to pursue in the performance of any of its functions under the energy supply laws as the Minister may require from time to time.

Restriction on the use of the symbol or representation of the Commission

18. (1) The Commission shall have the exclusive right to the use of such symbol or representation as the Commission may select or devise and thereafter displayed or exhibited in connection with its activities or affairs.

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Commission so as to deceive or cause confusion, or to be likely to deceive or to cause confusion, commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

PART IV

OFFICERS OF THE COMMISSION

Chief Executive Officer

19. (1) The Minister shall appoint a Chief Executive Officer on such terms and conditions as he considers desirable.

Commission.

(4)

The Chief Executive Officer shall have general control of the other officers of the Commission.

(6)

In discharging his duties, the Chief Executive Officer shall act under the general authority and directions of the Commission.

Temporary exercise of functions of Chief Executive Officer

20. The Minister may appoint temporarily any officer of the Commission to act as the Chief Executive Officer for the period when —

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(a)

the office of the Chief Executive Officer is vacant;

(b)

the Chief Executive Officer is absent from duty or from Sabah; or

(c)

the Chief Executive Officer is, for any other reason, unable to perform the duties of his office.

Appointment of officers of the Commission

21. The Commission may appoint such number of officers as it thinks desirable and necessary, who shall be paid such remuneration, allowances and benefits, and upon such terms as the Commission considers appropriate, for carrying out the purposes of the energy supply laws.

Conditions of service

22. The Commission may, with the approval of the Minister, determine the conditions of service of its officers.

Loans, scholarships and advances

23. The Commission may grant loans, scholarships and make advances to its officers for such purposes and on such terms as the Commission may determine.

Payment of retirement benefits, etc.

24. The Commission may make arrangements for the payment to its officers and their dependants of such retirement benefits, gratuities and other allowances as the Commission may determine.

Commission may adopt regulations, etc.

25. The Commission may, with the approval of the Minister, adopt with such modifications as it deems fit any regulations, rules, policies, circulars or directives enacted or issued by the Government.

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PART V

FINANCE

Fund

26. (1) There is hereby established, for the purposes of the energy supply laws, a fund to be known as the “Sabah Energy Fund” to be administered and controlled by the Commission.

(a)

such sums as may be provided by Legislative Assembly for the purposes of the energy supply laws from time to time;

(b)

all or any part of the licence or other fees, administration charges, levies or other charges imposed by or payable to the Commission under the energy supply laws;

(c)

all moneys derived as income from investments by the Commission;

(d)

all moneys derived from the sale, disposal, lease or hire, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Commission;

(e)

all moneys earned from consultancy and advisory services and any other service provided by the Commission;

(f)

all other moneys and property which may in any manner become payable to or vested in the Commission in respect of any matter incidental to its functions and powers;

(g)

sums borrowed by the Commission under section 31; and

(h)

all other moneys lawfully received by the Commission, including interest.

(3)

For the purpose of paragraph (2)(b), all moneys collected which are in excess of the financial requirements of the Commission for the performance of its functions under this Enactment may be paid into the State Consolidated Fund.

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Expenditure to be charged on Fund

27. The Fund shall be expended for the purposes of —

(a)

paying any expenditure lawfully incurred by the Commission including legal fees and costs and other fees and costs;

(b)

paying for the remuneration, allowances and other expenses of the members of the Commission, members of committees and officers of the

Commission, including granting loans and advances, superannuation allowances, retirement benefits, pensions and gratuities;

(c)

paying any other expenses, costs, expenditure or grants or other payments properly incurred or accepted or deemed fit by the

Commission in the performance of its functions or the exercise of its powers under the energy supply laws;

(d)

purchasing or hiring equipment, machinery and any other materials, acquiring land and any assets, and erecting buildings, and carrying out any other works and undertakings in the performance of its functions and the exercise of its powers under the energy supply laws;

(e)

repaying any moneys borrowed under section 31 and the interest due on such moneys;

(f)

granting loans, scholarships and advances to its officers under section 23; and

(g)

generally, paying any expenses for carrying into effect the provisions of the energy supply laws.

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Conservation of Fund

28. It shall be the duty of the Commission to conserve the Fund by so performing its functions and exercising its power under this Enactment as to secure that the total revenue of the Commission are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

Expenditure and preparation of estimates

29. (1) The expenditure of the Commission up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.

Commission of the amount authorized for expenditure generally or of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2).

Bank accounts

30. The Commission shall open and maintain an account or accounts with such bank or banks in Malaysia as the Commission thinks fit, after consulting the Minister, and every such account shall be operated upon in such manner as may be authorized by the Commission for such purpose from time to time.

Power to borrow

31. The Commission may, from time to time, borrow in such form and at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as the Minister may, with the concurrence of the Minister of Finance, approve, any money required by the Commission for meeting any of its obligations or discharging any of its functions or powers under the Enactment.

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Investment

32. The moneys of the Commission shall, in so far as they are not immediately required to be expended by the Commission under this Enactment, be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve.

Limitation on contracts

33. The Commission shall not, without the approval of the Minister and the concurrence of the Minister of Finance, enter into any contract under which the

Commission is to pay or receive an amount exceeding ten million ringgit.

Financial procedure

34. Subject to this Enactment and the approval of the Minister, the Commission shall determine its own financial procedure.

Financial year

35. The financial year of the Commission shall begin on 1 January and end on 31

December of each year.

Accounts and reports

36. (1) The Commission shall cause proper accounts of the Fund and proper reports of its activities to be kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year —

(a)

a statement of accounts of the Commission which shall include the balance sheet and account of income and expenditure; and

(b)

a report of its activities.

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PART VI

GENERAL

Prosecution

37. No prosecution for an offence under this Enactment shall be instituted except by or with the consent in writing of the Public Prosecutor.

Public servant

38. All members of the Commission and any of its committees, and all officers and agents of the Commission, while discharging their duties under this Enactment as such members, officers or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Public Authorities Protection Act 1948

39. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or a member of the

Commission, a member of a committee, and an officer or agent of the Commission in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.

Power to employ

40. The Commission may employ and pay agents and technical advisers, including advocates and solicitors and other persons, in the performance of its functions, the exercise of its powers or for the better carrying into effect of the purposes of this Enactment.

Obligation of secrecy

41. (1) Except for any of the purposes of this Enactment or for the purpose of any civil or criminal proceedings under any written law or where otherwise authorized by the

Commission —

Commission or any of its committees, whether during his tenure of office

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or during his employment or after that, shall disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Enactment; and

Representation in civil proceedings

42. Notwithstanding the provision of any other written law —

(a)

in any civil proceedings by or against the Commission; or

(b)

in any other civil proceedings in which the Commission is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Commission for that purpose may, on behalf of the

Commission, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Commission.

Acts and things done in anticipation of the enactment of this Enactment

43. All acts and things done on behalf of the Commission in preparation for or in anticipation of the enactment of this Enactment and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Enactment, provided that the acts and things done are consistent with the general intention and purposes of this Enactment, and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall upon the coming into operation of this Enactment be deemed to be the rights and obligations of the Commission.

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[Section 13]

Times and places of meetings

1. (1) The Commission is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such times and places as the Chairman may determine, provided that the Chairman shall not allow more than two months to lapse between meetings.

Minister or by at least two members of the Commission.

Quorum

2. The quorum of the Commission shall be half or more than half of the number of members of the Commission.

Casting vote

3. If on any question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote.

Commission may invite others to meetings

4. (1) The Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.

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Resolutions without meetings

5. (1) A resolution is taken to have been passed at a meeting of the Commission if —

Minutes

6. (1) The Commission and every committee shall cause minutes of all their meetings to be maintained and kept in a proper form.

Procedure

7. The Commission and committee may regulate its own procedure.

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Disclosure of interest

8. (1) A member of the Commission or any committee having any interest in any matter under discussion by the Commission or committee shall disclose to the

Commission or committee, as the case may be, the fact of his interest and its nature.

Commission or committee, as the case may be, and, after the disclosure, the member having an interest in the matter —

(a)

shall not take part nor be present in any deliberation or decision of the

Commission or committee, as the case may be; and

(b)

shall be disregarded for the purpose of constituting a quorum of the

Commission or committee, as the case may be.

Validity of acts and proceedings

9. No act done or proceeding taken under this Enactment shall be questioned on the ground of —

(a)

any vacancy in the membership of, or any defect in the constitution of, the Commission;

(b)

a contravention by any member of the Commission or a committee of the provisions of paragraph 8; or

(c)

any omission, defect or irregularity not affecting the merits of the case.

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Members to devote time to business of the Commission

10. Every member of the Commission shall devote such time to the business of the Commission as is necessary to discharge their duties effectively.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative

Assembly on Tuesday, the 10th day of January, 2013.

DATUK SERI PANGLIMA HAJI KADZIM BIN HAJI M. YAHYA,

Speaker,

State Legislative Assembly.