Malaysia legislation
Section 6
Section 6
Powers of the Commissioner
(a)
to omit from any revised law—
(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any repealing Ordinance, any repealing provision contained in any Ordinance or any table or list of repealed Ordinances, whether contained in a schedule or otherwise;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;
(iii)
any preamble or part of a preamble to a law;
(iv)
any introductory words of an Ordinance in any law or provision thereof;
(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;
(vii)
any enacting clause;
(viii)
any part of a law which can more conveniently be included as subsidiary legislation;
(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;
(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for the interpretation of laws shall apply to such omissions in the same way as if the provision omitted had been repealed; and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—
(A)
partly in the Concurrent or Federal List;
or
(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;
(b)
to arrange the grouping and sequence of revised laws and to give chapter, serial or other numbers thereto;
(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;
(d)
to adopt a convenient standard form in all revised laws for—
(i)
the interpretation section;
(ii)
any penal section; and
(iii)
any section giving power to make subsidiary legislation;
(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;
(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;
(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;
(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;
(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;
(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;
(l)
to alter the order of the provisions in any law, and to re-number the provisions of any law;
(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;
(n)
to divide any law, whether consolidated or not, into parts or other divisions;
(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;
(p)
to alter, insert or omit punctuation marks in any law;
(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;
(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;
(s)
to correct cross-references including references to the laws of other territories;
(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.]
(u)
to shorten or simplify the phraseology of any law;
(v)
to repeal or amend any Ordinance in consequence of the preparation of a revised law;
(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;
(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.
(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.
(3)
The powers conferred on the Commissioner by subsection
(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