Malaysia legislation

Section 3

of *INTERPRETATION ACTS 1948 AND 1967

Section 3

The following words and expressions have the meanings hereby respectively assigned to them, that is to say—

“Act” or “Act of Parliament” used with reference to legislation, means a law made by Parliament;

Interpretation 13

“act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions;

“advocate” means a person entitled to practise as an advocate or as an advocate and solicitor under the law in force in any part of

Malaysia;

“affidavit” includes statutory declaration;

“aircraft” includes every description of craft used in aerial navigation;

“amend” includes repeal, add to and vary;

“armed forces” means the armed forces of Malaysia;

“Attorney General” means the Attorney General of Malaysia;

“Cabinet” means the Jemaah Menteri (Cabinet of Ministers)

appointed under Article 43 of the Federal Constitution;

“calendar year” means a year beginning on 1 January;

“Chief Justice” means the Chief Justice of the Federal Court;

“Chief Minister” or “Menteri Besar” means the president, by whatever name called, of the Executive Council of a State;

“citizen” means a citizen of Malaysia;

“commencement”, used with reference to a written law, means the date when the law comes into operation;

“common law” means the common law of England;

“Commonwealth country” and “part of the Commonwealth” have the meaning assigned by Article 160(2) of the Federal Constitution;

“Conference of Rulers” means the Majlis Raja-Raja (Conference of

Rulers) established by Article 38 of the Federal Constitution;

“Consolidated Fund” means the Federal Consolidated Fund established by the Federal Constitution;

“Constitution” means the Federal Constitution and includes the

Constitutions of the States;

“consular officer” means a person exercising consular functions, by whatever name called;

“contravene” includes fail to comply with;

“court” means a court of competent jurisdiction;

“diplomatic officer” means a person exercising diplomatic functions, by whatever name called;

“district” means one of the districts into which a State is divided for administrative purposes;

“district officer” means the officer for the time being in administrative charge of a district, by whatever name called;

“division” in relation to Sarawak, means one of the divisions into which Sarawak is divided for administrative purposes;

“document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter;

“East Malaysia” means the States of Sabah and Sarawak;

“Enactment” means a law made by the Legislature of a State other than Sarawak;

“Executive Council” has the meaning assigned by Article l60(2) of the Federal Constitution;

Interpretation 15

“export” means export from Malaysia;

“Federal Constitution” means the Constitution of Malaysia and does not include the Constitution of the States;

“Federal Government” means the Government of Malaysia;

“federal law” means an Act of Parliament, and any other law in force in Malaysia or any part thereof which relates to a matter with respect to which Parliament has power to make laws;

“federal public office” means an office in the public service mentioned in Article 132(1)(c) of the Federal Constitution, that is to say, the general public service of the Federation;

“federal public officer” means a person lawfully holding, acting in or exercising the functions of a federal public office;

“Federation” means Malaysia;

“financial year” means a year beginning on 1 January;

“forfeited” means forfeited to the Government of Malaysia or, in a case where forfeitures are assigned to a State by the Federal

Constitution as items of revenue, forfeited to the Government of the

State in question;

“function” includes power and duty;

“Gazette” includes the official Gazette of the Federation published in electronic or other form by order of the Government and shall, to the extent specified in subsection 18(3), include the official Gazette of any State;

“Government analyst” includes any assistant or other analyst employed by the Government;

“Government” means the Government of Malaysia;

“Government Printer” includes any printer authorized, either generally or in a particular case or class of cases, to print Acts,

Enactments, Ordinances or any other written laws;

“House of Representatives” or “Dewan Rakyat” means the Dewan

Rakyat (House of Representatives) established by Article 44 of the

Federal Constitution;

“Houses of Parliament” means the Senate and House of

Representatives;

“immovable property” means land and any interest in, right over or benefit arising or to arise out of land;

“import” means import into Malaysia;

“imprisonment” means imprisonment in accordance with any written law for the time being in force for the regulation of prisons and imprisonment;

“infant” has the same meaning as minor;

“Keeper of the Rulers’ Seal” or “Penyimpan Mohor Besar Raja-Raja” means the Penyimpan Mohor Besar Raja-Raja (Keeper of the

Rulers’ Seal) whose office is provided for by sections 3 and 4 of the

Fifth Schedule to the Federal Constitution;

“land” includes—

(a)

the surface of the earth and all substances forming that surface;

(b)

the earth below the surface and all substances therein;

(c)

all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface;

Interpretation 17

(d)

all things attached to the earth or permanently fastened to any thing attached to the earth, whether on or below the surface; and

(e)

land covered by water;

“law” has the meaning assigned by Article 160(2) of the Federal

Constitution;

“Legislative Assembly” means the representative assembly, by whatever name called, in the Legislature of a State (and in particular includes the Council Negeri in Sarawak);

“Legislature” has the meaning assigned by Article 160(2) of the

Federal Constitution;

“local authority” means any municipal council, town council, town board, local council, rural board, sanitary board or similar local authority established by a written law;

“magistrate” means a magistrate appointed under any written law providing for the appointment of magistrates;

“Malay” has the meaning assigned by Article 160(2) of the Federal

Constitution;

“master”, used with reference to a ship, means any person (except a pilot or harbour master) having for the time being control or charge of the ship;

“Merdeka Day” means 31 August 1957;

“Minister” means, subject to subsection 8(2), a Minister of the

Government of Malaysia (including the Prime Minister and a Deputy

Minister);

“minor” means a person who has not attained the age of majority prescribed by the law applicable to him;

“monogamous marriage” means a marriage which is recognized by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage;

“month” means a month reckoned according to the Gregorian calendar;

“movable property” means all property other than immovable property;

“mukim”, in relation to Kelantan, means daerah;

“National Language” means the national language provided for by

Article 152 of the Federal Constitution;

“oath” includes affirmation;

“Ordinance” means a law made by the Legislature of Sarawak;

“Parliament” means the Parliament of Malaysia;

“penghulu”, in relation to Kelantan, means penggawa;

“Peninsular Malaysia” means the States of Johore, Kedah,

Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis,

Selangor and Terengganu and the Federal Territories of Kuala

Lumpur and Putrajaya;

“person” includes a body of persons, corporate or unincorporate;

“police officer” means an officer of the Royal Malaysia Police;

“President of the Senate” or “Yang di-Pertua Dewan Negara”

means the Yang di-Pertua Dewan Negara (President of the Senate)

whose office is provided for by Article 56(1) of the Federal

Constitution;

“Prime Minister” means the Prime Minister of Malaysia;

Interpretation 19

“public holiday” means a public holiday established by law in

Malaysia or any part of Malaysia;

“public office” means an office in any of the public services;

“public officer” means a person lawfully holding, acting in or exercising the functions of a public office;

“public place” includes every public highway, street, road, bridge, square, court, alley, lane, bridle way, footway, parade, wharf, jetty, quay, public garden or open space, and every theatre, place of public entertainment of any kind or other place of general resort to which admission is obtained by payment or to which the public have access;

“Public Prosecutor” means the Attorney General, and includes

(within the scope of his authority) a Deputy Public Prosecutor appointed under any written law relating to criminal procedure and a person authorized by any such law to act as or exercise all or any of the powers of the Public Prosecutor or a Deputy Public Prosecutor;

“Public Seal” means the Public Seal of Malaysia;

“public services” means the public services mentioned in Article 132(1) of the Federal Constitution;

“registered”, used with reference to a document, means registered under the law for the time being applicable to the registration of the document;

“repeal” includes rescind, revoke, cancel and replace;

“residency”, in relation to Sabah, means one of the residencies into which Sabah is divided for administrative purposes;

“ringgit” means a ringgit in the currency of Malaysia;

“Rules Committee” means the body for the time being authorized by law to make rules of court for the Federal Court, the Court of

Appeal and the High Courts established by the Federal Constitution;

“rules of court” means rules or other subsidiary legislation regulating the practice and procedure of a court or courts;

“Ruling Chiefs” means the Undang of Sungei Ujong, the Undang of

Jelebu, the Undang of Johol, the Undang of Rembau and the Tunku

Besar of Tampin;

“seaman” includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship;

“sell” includes exchange, barter, offer for sale and expose for sale;

“sen” means a sen in the currency of Malaysia;

“Senate” or “Dewan Negara” means the Dewan Negara (Senate)

established by Article 44 of the Federal Constitution;

“Senator” means a member of the Senate;

“ship” includes every description of vessel used in the navigation of water, other than vessels exclusively propelled by oars, paddles or poles;

“sign” includes the making of a mark or the affixing of a thumbprint;

“Speaker” means the Speaker of the House of Representatives;

“State” means a State of Malaysia;

“State Authority” means the Ruler or Yang di-Pertua Negeri of a

State and includes, in Negeri Sembilan, the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs;

“State Consolidated Fund” means the Consolidated Fund of a State;

“State Gazette” means the official Gazette of a State (including any supplement or special Gazette);

Interpretation 21

“State Government” means the Government of a State;

“State law” means a law made by the Legislature of a State, and any other law in force in a State which relates to a matter with respect to which the Legislature of the State has power to make laws;

“State Pardons Board” means the Pardons Board constituted for a

State by Article 42(5) of the Federal Constitution;

“State Seal” means the State Seal or Public Seal of a State;

“statutory declaration” means a statutory declaration made in pursuance of any written law providing for the making of statutory declarations or, if made in a place outside Malaysia—

(a)

a declaration made before a Malaysian diplomatic or consular officer; or

(b)

a declaration made under any law in force in that place providing for the making of declarations which are substantially similar in nature and effect to the statutory declarations provided for by any such written law;

“subsidiary legislation” means any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act,

Enactment, Ordinance or other lawful authority and having legislative effect;

“swear” includes affirm;

“under”, in relation to a written law or any provision thereof, includes “in accordance with”, “pursuant to” and “by virtue of”;

“vessel” includes floating and submarine craft of every description;

“weekly holiday” means Sunday or, in a State where Friday is observed as the weekly holiday, Friday;

“will” means a testamentary document of any description, including a codicil;

“words” includes figures and symbols;

“writing” or “written” includes typewriting, printing, lithography, photography, electronic storage or transmission or any other method of recording information or fixing information in a form capable of being preserved;

“written law” means—

(a)

the Federal Constitution and the Constitutions of the

States and subsidiary legislation made thereunder;

(b)

Acts of Parliament and subsidiary legislation made thereunder;

(c)

Ordinances and Enactments (including any federal or

State law styling itself an Ordinance or Enactment) and subsidiary legislation made thereunder; and

(d)

any other legislative enactments or legislative instruments

(including Acts of Parliament of the United Kingdom of

Great Britain and Northern Ireland and Orders in Council and other subsidiary legislation made thereunder) which are in force in Malaysia or any part thereof;

“year” means a year reckoned according to the Gregorian calendar.

Grammatical variations, gender and number

Read in full context — *INTERPRETATION ACTS 1948 AND 1967 →