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Revision Of Laws Ordinance, 1992

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Type
State Ordinance
Status
In force
Enacted
1992
Sections
25

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About this state ordinance

Revision Of Laws Ordinance, 1992 is Malaysia State Ordinance, cited as State Ordinance Cap. 1 1992, currently marked in force and first recorded in 1992.

Chapter

Chapter 1

Chapter 1

Incorporating all amendments up to 1st August, 2008

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PREPARED AND PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, SARAWAK

UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2008

Date Passed by Dewan Undangan

Negeri ...

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...

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16th November, 1993

Date of Assent

...

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28th November, 1993

Date of Publication in Gazette ...

31st December, 1992

1st Reprint in 2007

1

Opening note

Preamble

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  1. An Ordinance to make provision for the preparation and publication of revised laws and reprinting of laws and subsidiary legislation. [1st January, 1993] Enacted by the Legislature of Sarawak— Short title and commencement

Section 1

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This Ordinance may be cited as the Revision of Laws

Ordinance, 1992, and shall come into force on the 1st day of January,

Section 2

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(2)

A reference in this Ordinance to the “Yang di-Pertua

Negeri” shall be construed as a reference to the Yang di-Pertua

Negeri acting in accordance with the advice of the Majlis

Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the Majlis.

Appointment of Commissioner

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Section 3

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(2)

The Yang di-Pertua Negeri may appoint any person temporarily to exercise the functions of the Commissioner during the period in which the Commissioner is for any reason unable to exercise his functions or during the period of absence of the Commissioner on leave and such person shall, during the period in which he is exercising the functions of the Commissioner under this subsection, be deemed to be the Commissioner.

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(3)

The Commissioner and the acting Commissioner shall be paid such remuneration and allowances as the Yang di-Pertua Negeri may determine.

Appointment of Committee

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Section 4

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(b)

not less than three and not more than five other members to be appointed by the Chief Judge by notification published in the Gazette.

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(2)

Every appointed member of the Committee shall be appointed from amongst persons who in the opinion of the Chief

Judge are suitably qualified for the purpose of examining copies of revised laws in draft.

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(3)

If, owing to absence or inability to act due to illness or any other cause, the Chairman of the Committee is unable to preside at any meeting the members present shall elect one of their members to preside at that meeting.

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(4)

Every appointed member of the Committee shall hold office for a period of two years and shall be eligible for re-appointment:

Provided that the Chief Judge may terminate the appointment of an appointed member, and any appointed member may resign, at any time.

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(5)

Any legally qualified officer of the State Attorney-General’s Chambers who has been designated by the State Attorney-General shall be the Secretary to the Committee, but the officer so designated shall not be a member of the Committee.

[Am. Cap. A20.]

Printing of revised law

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Section 5

Ordinance a Committee to be called the Law Revision Committee comprising of—

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A revised law shall be printed by the Government Printer, or by such other printer as the Commissioner may in any particular case appoint for the purpose.

Section 6

Powers of the Commissioner

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(i)

any repealing Ordinance, any repealing provision contained in any Ordinance or any table or list of repealed Ordinances, whether contained in a schedule or otherwise;

(ii)

any provision contained in any Ordinance, or part thereof, which has expired or has become spent or has had its effect;

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(iv)

any introductory words of an Ordinance in any law or provision thereof;

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(v)

any provision contained in any Ordinance prescribing the date when a law or part thereof is to come into force or operation:

Provided that the date on which the law or part thereof came into force or operation is inserted by the

Commissioner in square brackets immediately following the long title of the revised law;

(vi)

any amending

Ordinance where the amendments effected thereby are embodied by the

Commissioner in the law to which they relate or have been so embodied in any reprint printed in pursuance of any written law;

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(viii)

any part of a law which can more conveniently be included as subsidiary legislation;

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(ix)

any interpretation of any expression which is defined in identical or similar terms to those used in the definition of that term contained in the law applicable for the interpretation of the law after it has been revised;

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(x)

any provision referring to any matter for which provision is made in identical or similar terms in the law applicable for the interpretation of the law after it has been revised:

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Provided that the provisions relating to the construction of amending laws contained in the law applicable for the interpretation of laws shall apply to such omissions in the same way as if the provision omitted had been repealed; and

(xi)

in the case of law which refers to matters partly in the State List and—

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(B)

partly in the Concurrent List and partly in the Federal List, all provisions other than those which refer to matters in the

State List:

Provided that with respect to any law in force consequent upon powers conferred by an Act of Parliament passed pursuant to Article 76A, or by an Order made under

Article 95C, of the Constitution of Malaysia, the

Commissioner may, after consultation with the Attorney-General of Malaysia, include in the revised law provisions other than those which refer to matters on the State List;

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(b)

to arrange the grouping and sequence of revised laws and to give chapter, serial or other numbers thereto;

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(c)

to make such formal alterations to any law as are necessary or expedient for the purpose of securing uniformity of expression; or to bring the law into conformity with the provisions of the law applicable for the interpretation of the law after it has been revised;

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(d)

to adopt a convenient standard form in all revised laws for—

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(e)

to add a long title or a short title to any law and to alter the long title or short title of any law;

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(f)

to supply or alter tables of contents, chronological tables, references and notes:

Provided that such tables of contents, chronological tables, references and notes shall not form any part of the law in which they appear;

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(g)

to consolidate into one law any two or more laws or part thereof in pari materia relating to matters with respect to which the Legislature of the State has power to make laws, making such alterations and modifications as are thereby rendered necessary in the consolidated Ordinance, and appointing such date for the coming into force thereof as may seem most convenient, and to incorporate all or any of the provisions of any law in one or more other laws where the provisions so incorporated relate to the same subject-matter as the law in which they are incorporated;

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(h)

to divide any law into two or more laws and to make such amendments, including the supplying of titles, or the alteration of existing titles, as are thereby rendered necessary;

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(i)

to add to or to omit from any law any provision required to be added or omitted, or to substitute for any provision of any law any provision required to be substituted, in consequence of any amendment made to that law by any other law or by any authority under powers conferred by law;

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(j)

to delete any words, expressions, nomenclature or other provisions in any law which have expired or become obsolete, including references to repealed laws, and to substitute therefor, where necessary, appropriate words, expressions, nomenclature or provisions or references to the appropriate laws;

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(k)

to transfer any provision contained in a law from that law to any other law to which that provision more properly belongs, making any alterations thereby rendered necessary;

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(l)

to alter the order of the provisions in any law, and to re-number the provisions of any law;

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(m)

to alter the form or arrangement of any provision of any law by transposing words, by combining it in whole or in part with another provision or other provisions or by dividing it into two or more provisions;

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(n)

to divide any law, whether consolidated or not, into parts or other divisions;

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(o)

to correct grammatical, typographical and similar mistakes and for that purpose to make verbal additions, omissions, or alterations not affecting the meaning of any law;

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(p)

to alter, insert or omit punctuation marks in any law;

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(q)

to make such formal alterations as to names, localities, departments, offices, titles and otherwise as may be necessary to bring any law into conformity with the circumstances of the

Federation on the date on which the law in its revised form is to come into force;

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(r)

to make such adaptations or amendments in any law as may appear to be necessary or proper as a consequence of any change in the constitution of the Federation or of the State of

Sarawak or any part of the Commonwealth;

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(s)

to correct cross-references including references to the laws of other territories;

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(t)

to correct references to repealed laws by replacing such references by references to the substituted laws, for which purpose it is declared that a law is deemed to be substituted for another law where it is expressly stated in the subsequent law that it is so replaced, or where the subsequent law re-enacts with or without modification any provision of a repealed law;

(tA) to update the terminology and spelling in the national language text of any law so that they are consistent with the terminology and spelling approved by the Dewan Bahasa dan

Pustaka;

[Ins. Cap. A72.]

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(u)

to shorten or simplify the phraseology of any law;

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(v)

to repeal or amend any Ordinance in consequence of the preparation of a revised law;

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(w)

to appoint the date on which a revised law shall come into force:

Provided that such date shall not be earlier than the date on which the revised law is published in the Gazette;

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(x)

to do all other things relating to the form and method reasonably necessitated by or consequential upon the exercise by the Commissioner of any of the powers conferred upon him by this section or which may be necessary for the perfecting of a revised law.

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(2)

In subsection (1) “amendment” includes, where it is used in relation to the powers conferred upon the Commissioner, any variation of any law which is necessary for giving effect to any enactment in any other law whereby the scope, effect or construction of any provision of the first mentioned law is varied, modified, enlarged, restricted, qualified or otherwise affected.

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(3)

The powers conferred on the Commissioner by subsection

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(1)

shall not be taken to imply any power in him to make any alteration or amendment in the substance of any law.

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Method of compiling a revised law

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Section 7

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A revised law shall be made up in such form as the

(i)

the expression “Laws of Sarawak”;

(ii)

the short title and Chapter number of the revised law;

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(iii)

the date up to which it has been revised; and

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(iv)

the date appointed under section 6(1)(w) on which the revised law is to come into force;

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(b)

a list of the laws by which the law has been amended up to the date of its revision showing the dates on which the amendments came into force;

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(c)

a list of the laws or parts thereof which the revised law supersedes or repeals.

Examination by the Committee

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Section 8

Commissioner deems expedient and shall contain—

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(2)

The validity of any certificate given by the Committee under subsection (1) shall not be affected by any vacancy in the membership of the Committee or by the inability of any member thereof to give his opinion by reason of temporary absence, indisposition or any other cause.

Revised law to comply with Committee’s opinion

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Section 9

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Where the Committee certifies that an amendment is not within the powers of the Commissioner, the Commissioner shall, before proceeding in accordance with section 10(1), amend the draft of the revised law to comply with the opinion of the Committee.

Section 10

Publication of revised law

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(2)

On and after the date from which a revised law comes into force, such revised law shall be deemed to be and shall be without any question whatsoever in all courts and for all purposes whatsoever the sole and only proper law in respect of matters included therein and in force on that date.

Completion of revision of pre-1993 laws to be notified in Gazette

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Section 11

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So soon as may be, the Commissioner shall, by notification in the Gazette (to be published in Part I of the Gazette), certify that the revision of all laws enacted before the first day of January, 1993

(except for such laws as may be specified in the notification), which have not been repealed at the date of the notification, has been completed, and thereupon any such law which has not been revised under this Ordinance and which has not been specified in the notification shall be deemed to have been repealed as from the date of publication of the notification.

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Section 12

Saving of existing subsidiary legislation

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Subsidiary legislation made under any law and in force on the date on which that law as revised comes into force shall continue in force until otherwise provided; and references in any such subsidiary legislation to the law under which it was made, or to any part thereof, or to any other revised law shall be construed as references to the revised law or to that other law as revised.

Section 13

Revision of subsidiary legislation

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(2)

The provisions of this Ordinance relating to the preparation and publication of a revised law, but not the provisions relating to examination by the Committee, shall apply with any necessary modifications to the preparation and publication of revised subsidiary legislation.

Reprint of laws

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Section 14

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(b)

amendments made by the Commissioner under the powers conferred upon him by subsection (2), and any copy of a reprint purporting to be printed in accordance with this section shall be deemed, until the contrary is shown, to be the authentic text of the law as in force, except in so far as may be specified in the copy, on such date as may be so specified.

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(2)

In preparing a reprint the Commissioner shall have the powers contained in paragraphs (f), (i), (o), (p), (q), (r), (s), (t) and (tA)

of section 6(1).

[Am. Cap. A72.]

Publication volume by volume

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Section 14A

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(2)

Any volume of a reprint may contain such tables, appendices and other supplementary matter, including an index, as the

Commissioner may consider necessary.

[Ins. Cap. A72.]

Updating of reprints

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Section 14B

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The Commissioner may, if he considers it expedient, authorize the preparation and publication of updates incorporating the latest amendments to a reprint, in any sequence and at such times as he deems expedient.

[Ins. Cap. A72.]

Section 15

Rectification of formal errors

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(2)

An order made under subsection (1) shall have the force of law with effect from the date referred to in section 7(a)(iv).

Reference to number of lines in any law

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Section 16

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A reference in any law to the number of a line of any provision of any law shall mean that line in that law at the time of the enactment of the law or, where such law has been revised or reprinted under this Ordinance, that line in the latest official copy of the revised law or the printed copy of that law containing the reference.

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Section 17

Place of this Ordinance in the Laws of Sarawak series

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(2)

The next law to be issued which may be a revised law or a new law enacted after the coming into force of this Ordinance shall be numbered “Chapter 2”. Each such law shall form a separate Chapter and the Chapters shall be numbered consecutively. It will be issued in a form of a separate booklet with holes punched to enable it to be easily placed in or removed from a volume.

Printing, distribution and sale of revised laws and the reprint

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Section 18

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The Government Printer or any other printer or publisher may, with the approval of the Majlis Mesyuarat Kerajaan Negeri and subject to such terms and conditions as may be imposed by the Majlis, print, distribute and offer for sale to the general public copies of revised laws and the reprint made pursuant to this Ordinance.

[Sub. Cap. A72.]

Section 20

Construction of references to repealed or amended written law

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Where in any Ordinance or in any subsidiary legislation or in any document of whatever kind, any reference is made to any written law repealed or otherwise affected by or under the operation of this Ordinance, such reference shall, where necessary and practicable, be construed as a reference to the corresponding written law in the revised law.

Section 21

Validation of acts done in anticipation of Ordinance

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(2)

For the avoidance of doubt, it is declared that subsection

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(1)

does not authorize the appointment of the Commissioner except in so far as to authorize the temporary appointment of such person until appointed under this Ordinance.

Repeal

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Section 22

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The Reprint of State Laws Ordinance, 1967 [Ord. No.

3/67], is repealed and section 52 of the former Interpretation

Ordinance [Cap. 1 (1958 Ed.)] shall cease to have any application after the coming into force of this Ordinance.

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REVISION OF LAWS ORDINANCE, 1994

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LIST OF AMENDMENTS

Amending Law

Short Title

In force from

Cap. A20

Sarawak Constitution (Amendment)

Ordinance, 1994 24.11.1994

Cap. A72

Revision of Laws (Amendment)

Ordinance, 1999 1.1.2000

Cap. A139

Interpretation (Amendment)

Ordinance, 2008 1.8.2008

[List of Amendments]

Common questions

What is Revision Of Laws Ordinance, 1992?
Revision Of Laws Ordinance, 1992 is Malaysia State Ordinance, cited as State Ordinance Cap. 1 1992, currently marked in force and first recorded in 1992.
Is Revision Of Laws Ordinance, 1992 still in force?
Yes — Revision Of Laws Ordinance, 1992 is currently in force.
When did Revision Of Laws Ordinance, 1992 take effect?
Revision Of Laws Ordinance, 1992 was first recorded in 1992.
How many sections does Revision Of Laws Ordinance, 1992 have?
Revision Of Laws Ordinance, 1992 contains 25 sections.
Where can I read the official version of Revision Of Laws Ordinance, 1992?
The official text of Revision Of Laws Ordinance, 1992 is published at lawnet.sarawak.gov.my.