ALIN Legislative News
From University of Malaya Faculty of Law
Malaysia Legislative News 2024
(21.3.2024) The Dewan Rakyat approved the Police (Amendment) Bill 2024 that strengthened laws against online scams relating to mule accounts. It includes a provision granting police the authority to seize funds from bank accounts suspected to be involved in criminal activities.
(25.3.2024) The Natural Resources and Environmental Sustainability Minister tabled the Licensed Land Surveyors (Amendment) Bill 2024. The amendments addressed meeting current demands and advancement of licensed land surveyors (LLS) professionally and the authority of the Land Surveyors Board within the geomantics-surveying field alongside land surveying, escalating penalties for professional misconduct by LLS and criminal violations by non-LLS individuals.
(26.3.2024) The Income Tax (Amendment) Act 2024 was gazetted on 20 May 2024 introducing significant changes among which: 1. provide clearer guidelines on the scope of taxable capital assets and the entities subject to Capital Gains Tax (CGT). The definition of ‘capital asset’ in section 2(1) of the Income Tax Act 1967 had been amended stipulating the types of assets subject to CGT. CGT will now apply to movable or immovable property situated outside Malaysia; secondly, for assets within Malaysia, “capital asset” refers to shares of companies incorporated in Malaysia that are not listed on the stock exchange (including any rights or interests thereof) owned by a company, limited liability partnership, trust body, or co-operative society. Part XX1 of Schedule 1 has been amended to be in line with the amended definition of ‘capital asset’ in s.2(1). E-invoicing was introduced requiring businesses eligible to issue consolidated invoices where previously they were required to issue receipts in printed form to buyers. Commencing 1 January 2024, these receipts may be issued in any manner (e.g. by electronic means). E-commerce platforms are required to issue self-billed invoices according to conditions set by the Director General of Inland Revenue effective 1 January 2024.
(27.3.2024) The Cyber Security Act 2024 had been officially gazetted in June and is a major milestone in strengthening Malaysia’s cyber defences and enhancing resilience against emerging threats. It establishes the National Cyber Security Committee (NACSA) outlining the duties and powers of the Chief Executive of NACSA, functions and duties of the National Critical Information Infrastructure (NCII) sector leads and NCII entities. It includes provisions to regulate cyber security service providers through licencing. The Act came into operation on 26 August 2024. NACSA has a vital role in protecting Malaysia’s digital environment earning the trust of Malaysians.
(24.6.2024) The Employees Social Security (Amendment) Act 2024 focused on two key areas: the maximum limit of insurability amount of wages for an employee has been raised from RM5,000 to RM6,000 per month under both Employment Insurance System Act 2017 (EIS Act) and the Employees Social Security Act 1969 (SOCSO Act).
(10.7.2024) The Penal Code (Amendment) Act 2024 was passed to provide new provisions for offences related to mule accounts and definitions of ‘financial instrument’ with four new sections. These were sections 424A, 424B, 424C and 424D. The existing legislation did not provide for account owners who allow their bank accounts to be used by others without authority or lawful purpose to be prosecuted. A new section 116D was passed under the Criminal Procedure Code Amendment Act 2024 empowering a police officer not below the rank of Sergeant to seize or prohibit dealing involving money held or suspected to be held in any payment instrument or account at financial institutions. The police officer can act if they have reasonable cause to suspect that an offence has been committed, if the money has been used or is intended to be used to commit an offence or if the money constitutes evidence of an offence.
(11.7.2024) The Evidence of Child Witness (Amendment) Act 2024 was passed to provide every child should be considered a competent witness, and their testimony should not be deemed invalid or unreliable based solely on their age.
(14.10.2024) The Labour Ordinance of Sabah (Amendment) Act 2024 was passed to provide fundamental protections for workers, particularly those who are not unionised and lack the capacity to negotiate better employment terms and conditions with their new employers. The amendments include a reduction in working hours from 48 to 45 hours per week, matters related to flexible working arrangements, forced labour complaints, and complaints of sexual harassment, as well as housing, accommodation, and facilities for employees. The maternity leave in Sabah has been increased from 60 days to 98 days, while paternity leave, which was previously not provided for under the Ordinance, is now granted to fathers for seven days.
(14.10.2024) The Deputy Transport Minister tabled the first reading of the Commercial Vehicles Licensing Board (Amendment) Bill 2024 which seeks to introduce a new section 41A to provide for the offence of soliciting or touting for any person offering services of the carriage of passengers without lawful authority of any public place or its ancillary areas.