Chapter 1 — Ministerial Direction
Direction by the Minister
(1) The Minister may, from time to time, issue directions to the Commission on the exercise of the Commission’s powers and the performance of the Commission’s functions and duties under this Act, whether of a general character or otherwise.
(2) Any Ministerial direction shall be consistent with the objects and provisions of this Act which are relevant to the particular matter or activity.
(3) The Commission shall exercise its powers conferred under this Act in a manner which is consistent with a Ministerial direction.
(4) Every Ministerial direction shall be registered by the Commission as soon as practicable.
(5) A direction shall come into operation on the date of registration or such later date as the Minister may specify in the written instrument.
(6) A direction shall expire on such date as the Minister may specify in the written instrument or, if no date is specified, the direction shall be in operation until the direction is revoked.
Variation of a direction
(1) The Minister may at any time modify, vary or revoke a direction.
(2) The procedure set out in section 7 shall apply mutatis mutandis in respect of any modification, variation or revocation of a direction.
Register of directions
The Commission shall maintain a register of all directions issued by the Minister in accordance with Chapter 6 of Part V.
Chapter 2 — Ministerial Determination
Determination by the Minister
(1) The Minister may, from time to time, determine any matter specified in this Act as being subject to Ministerial determination, without consultation with any licensees or persons.
(2) Any determination shall be consistent with the objects and provisions of this Act which are relevant to the particular matter or activity.
(3) The Commission shall exercise its powers conferred under this Act in a manner which is consistent with the determination.
(4) The Minister shall provide a copy of the determination under this Chapter to the Commission as soon as practicable.
(5) Every determination shall be registered by the Commission as soon as practicable.
(6) A determination shall come into operation on the date of registration or such later date as the Minister may specify in the written instrument.
(7) A determination shall expire on such date as the Minister may specify in the written instrument or, if no date is specified, the determination shall be in operation until the determination is revoked.
Variation of a determination
(1) The Minister may at any time modify, vary or revoke a determination.
(2) The procedure set out in section 10 shall apply mutatis mutandis in respect of any modification, variation or revocation of a determination.
Register of determinations
The Commission shall maintain a register of all determinations made by the Minister in accordance with Chapter 6 of Part V.
Chapter 3 — Ministerial Declaration
Declaration by the Minister
(1) The Minister may, from time to time, make a written declaration that an individual licence, or a class of individual licences, or a class licence—
(a) is subject to such conditions; or
(b) enjoys such benefits, as the Minister deems fit.
(2) Any declaration on the conditions of licence shall relate to the matters set out in the Schedule.
(3) The Minister may also make a written declaration to exempt a licensee from complying with any conditions of a licence.
(4) Before making a declaration under subsection (2), the, Minister shall give the affected licensees written notice of his intention to do so together with a draft copy of the declaration, and the licensees may make submissions to the Minister by submitting them to the Commission within the time period specified by the Minister but the time period shall not be less than thirty days.
(5) After expiry of the notice specified in subsection (4), the Minister shall, on the recommendation of the Commission, decide on the next course of action, taking into consideration any submission made by the affected licensees.
(6) The Minister shall give the affected licensees a written notice of the declaration made under subsection (2) as soon as practicable.
(7) Any declaration shall be consistent with the objects and provisions of this Act which are relevant to the particular matter or activity.
(8) The Commission shall exercise its powers conferred under this Act in a manner which is consistent with the declaration.
(9) The Minister shall provide a copy of the declaration under this Chapter to the Commission as soon as practicable.
(10) Every declaration shall be registered by the Commission as soon as practicable.
(11) A declaration other than a declaration under subsection
(2) shall come into operation on the date of registration or such later date as the Minister may specify in the instrument.
(12) A declaration shall expire on such date as the Minister may specify in the written notice or, if no date is specified, the declaration shall be in operation until the declaration is revoked.
Modification, variation or revocation of a declaration
(1) The Minister may at any time modify, vary or revoke a declaration regarding a licence.
(2) The procedure set out in section 13 shall apply mutatis mutandis in respect of any modification, variation or revocation of a declaration.
Register of declarations
The Commission shall maintain a register of all declarations made by the Minister in accordance with Chapter 6 of Part V.
Chapter 4 — Ministerial Regulations
Minister’s power to make regulations
(1) The Minister may, on the recommendation of the Commission or otherwise, make regulations, to be published in the Gazette, for all or any of the following purposes:
(a) the procedures for the Commission and the Appeal Tribunal in the exercise of their powers and functions under this Act;
(b) the form of, and requirements for, written authorizations, assignments and licences granted or issued under this Act;
(c) the procedures for the assignment of rights to the spectrum or numbers under Part VII, including mechanisms for rate-based assignment;
(d) any fees, charges or rates to be imposed;
(e) the procedures for the implementation of a system of universal service provision under Part VIII, including but not limited to the quality of service standards;
(f) the procedures for the use of network facilities, network services, applications services and content applications services in emergency or distress situations;
(g) the compounding of offences;
(h) any redress, including compensation or penalties in respect of a breach of or offence against any subsidiary legislation;
(i) any matter for which this Act makes express provision; and
(j) such other matters as are necessary for giving full effect to the provisions of this Act and for their due administration.
(2) The regulations made under subsection (1), or any other subsidiary legislation made under this Act, may prescribe any act in contravention of the regulations, or other subsidiary legislation, to
be an offence and may prescribe penalties of a fine not exceeding three hundred thousand ringgit or a term of imprisonment not exceeding three years or both for such offence and, in the case of a continuing offence, may prescribe, in addition to such penalties, a fine of one thousand ringgit for every day or part of a day during which the offence continues after conviction.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
