Interpretation Acts 1948 and 1967 (Act 388) [As At 10th January 2024]

The Interpretation Acts 1948 and 1967 (Act 388) are a set of laws that provide guidance on the interpretation of written laws in Malaysia. The Acts contain provisions that help to clarify the meaning of words and phrases used in legislation, as well as rules for determining the effective date of legislation and the powers of courts and ministers.

Here are some of the key provisions of the Interpretation Acts 1948 and 1967:

1. Definitions: The Acts define various terms used in legislation, such as "Act", "Minister", "prescribed", "regulation", "rules", "written law", and many others.

2. Commencement of legislation: The Acts provide rules for determining the effective date of legislation. For example, unless a different date is specified, an Act comes into operation on the day it is published in the Gazette.

3. Interpretation of words and phrases: The Acts provide guidance on the interpretation of words and phrases used in legislation. For example, when interpreting a provision, courts should consider the context in which it appears, as well as the purpose and object of the provision.

4. Implied provisions: The Acts provide that legislation may contain implied provisions that are necessary to give effect to its purpose. For example, if a provision refers to a "person", it may be implied that this includes both natural persons and legal entities.

5. Power to make subsidiary legislation: The Acts provide rules for the delegation of legislative power to make subsidiary legislation, such as regulations and rules.

6. Powers of ministers: The Acts provide that ministers may make orders, rules, or regulations in order to give effect to an Act, provided that they do not exceed the powers conferred by the Act.

7. Repeal and amendment: The Acts provide rules for the repeal or amendment of legislation, including the effect of such repeal or amendment on other legislation.

Overall, the Interpretation Acts 1948 and 1967 are essential tools for understanding and interpreting written law in Malaysia. They provide a framework for interpreting legislation and help to ensure that legislation is clear, consistent, and effective.