2. Application

Terms defined in s 5

• allocation of funds

  allocation of funds

  Defined · s 5

  “allocation of funds” means— (a) in the case of the Federal Government— (i) any fund appropriated in accordance with the Supply Act by Parliament, including any contingencies fund; (ii) any fund appropriated and directed by the Dewan Rakyat in accordance with sections 3 and 4 of the Development Funds Act 1966; (iii) any fund from the trust accounts or Government trust funds established by the Federal Government in accordance with sections 9 and 10 of the Financial Procedure Act 1957; (iv) any grant, loan or any form of allocation sourced from subparagraphs (a)(i) to (a)(iii), by or through the Federal Government to any person or entity; and (v) any revenue or returns derived from any investments of any fund under subparagraphs (a)(i) to (a)(iv); or (b) in the case of a State Government— (i) any fund appropriated in accordance with the Supply Enactment by a Legislative Assembly; (ii) any fund appropriated and directed by a Legislative Assembly in accordance with section 9 of the Development Funds Act 1966; (iii) any trust funds established by the State Government paid from the State Consolidated Fund; (iv) any grant, loan or any form of allocation sourced from subparagraphs (b)(i) to (b)(iii), by or through the State Government to any person or entity; and (v) any revenue or returns derived from any investment of any fund under subparagraphs (b)(i) to (b)(iv);

  Open s 5
• Chief Minister

  Chief Minister

  Defined · s 5

  “Chief Minister” and “Menteri Besar” have the meaning assigned to them in the Financial Procedure Act 1957;

  Open s 5
• entity

  entity

  Defined · s 5

  “entity” means a company, partnership or any group of persons, whether corporate or unincorporate;

  Open s 5
• Federal Government entity

  Federal Government entity

  Defined · s 5

  “Federal Government entity” means— (a) any company incorporated under the Companies Act 2016 where— (i) in the case of a company limited by shares, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957 or any Federal statutory body is a shareholder having more than fifty per cent of the shares of the company; or (ii) in the case of a company limited by guarantee, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957, a representative of any Ministry or Federal statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 by the Federal Government;

  Open s 5
• Government procurement

  Government procurement

  Defined · s 5

  “Government procurement” means any procurement for the supply of goods or services or for works funded by the allocation of funds by the Federal Government or any State Government, as the case may be, whether fully or partially, or through the use of any assets owned by the Federal Government or any State Government, as the case may be;

  Open s 5
• local authority

  local authority

  Defined · s 5

  “local authority” means— (a) any local authority or authority established or deemed to have been established under the Local Government Act 1976, or the Local Authorities Ordinance 1996 or the Municipality constituted under the Kuching Municipal Ordinance, or the Local Government Ordinance 1961 [Sabah Ord. 11 of 1961]; (b) in relation to the Federal Territory of Kuala Lumpur, the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960; (c) in relation to the Federal Territory of Labuan, Perbadanan Labuan as established under section 3 of the Perbadanan Labuan Act 2001; and (d) in relation to the Federal Territory of Putrajaya, Perbadanan Putrajaya as established under section 3 of the Perbadanan Putrajaya Act 1995, and includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions which are conferred and imposed on a local authority under any written law;

  Open s 5
• Menteri Besar

  Menteri Besar

  Defined · s 5

  “Chief Minister” and “Menteri Besar” have the meaning assigned to them in the Financial Procedure Act 1957;

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• Minister

  Minister

  Defined · s 5

  “Minister” means the Minister charged with the responsibility for finance;

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• State Government entity

  State Government entity

  Defined · s 5

  “State Government entity” means— (a) any company incorporated under the Companies Act 2016 where— (i) in the case of a company limited by shares, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a shareholder having more than fifty per cent of the shares of the company; or (ii) in the case of a company limited by guarantee, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 by the State Government;

  Open s 5
• statutory body

  statutory body

  Defined · s 5

  “statutory body” means any body corporate that is formed or incorporated pursuant to any written law but does not include a local authority;

  Open s 5
• Supply Act

  Supply Act

  Defined · s 5

  “Supply Act” or “Supply Enactment” means the Act or Enactment made for the appropriation of any sums from the Consolidated Fund in accordance with Articles 100 and 101 of or, sections 15 and 16 of the Eighth Schedule to, the Federal Constitution, as the case may be;

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• Supply Enactment

  Supply Enactment

  Defined · s 5

  “Supply Act” or “Supply Enactment” means the Act or Enactment made for the appropriation of any sums from the Consolidated Fund in accordance with Articles 100 and 101 of or, sections 15 and 16 of the Eighth Schedule to, the Federal Constitution, as the case may be;

  Open s 5
• this Act

  this Act

  Defined · s 5

  “this Act” includes any subsidiary legislation made under this Act;

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