Law 506 Delegated Legislation Tutorial Questions

PART A
1.

State the relevance of delegated legislation (DL) to the modern state.

2.

Outline the factors which have led to the development of DL.

3.

Explain the need for safeguards against DL.

4.

Assess how far DL is subject to Parliamentary control in Malaysia.

5.

Explain the main mechanisms of judicial control of DL.

PART B
Question 1

Section 4 of the Transportation Act 2000 (fictitious) has given power to any town council
to make regulations in relation to issuance of a school bus permit in town.
Subsequently, Serindit Town Council issued a regulation which was known as Serindit
School Bus Permit Regulations 2000 (fictitious). Amongst the important provisions of the
regulations are as follows:
Rule 3: All school bus operators are required to become members of the Serindit School
Bus Operators Associations before they are allowed to commence services.
Rule 4: Every member of the Association is required to pay a monthly fee of RM50.00 to
the Serindit Environment Conservation Fund for the purposes of conserving and
protecting the environment against any pollution caused by the discharge of smoke from
school buses.
Rule 5: A permit issued under this Regulations cannot be used if the school Bus is
driven by a woman.
Degil's permit has been cancelled on the following grounds:
a) for refusing to pay the monthly contribution to the Environment Conservation
Fund;
b) for refusing to become a member of the Serindit School Bus Operators Association;

c) for the fact that Degil's school bus was driven by his wife.
Degil is dissatisfied with the cancellation of his permit. Advise him.

Question 2
The Local Government Act 1976 empowers all local authorities to make bye-laws for the
proper enforcement of its functions under the act inter alia for the cleanliness and
proper maintenance of utilities, health and general well being of inhabitants of the local
authority's particular jurisdiction.
Majlis Perbandaran Lubuk Mandi (MPLM) made the Cleanliness and Morality Bye-law
2006 which was duly gazetted under the authority of the Act.
Bye-law 1: Any Muslim found not wearing the proper dress as stipulated under the
authority's dress code would be liable to a fine of RM100.
Bye-law 2: All public premises and parks are for general leisure and anybody found
witheir partner in uncompromising and lewd situation either in any motor vehicle or open
park would be liable to a fine of RM2.000.
Bye-law 3: Anybody who is found to have littered will be liable to a public service for one
full week labour free to the local authority to collect rubbish from public park area or
streets where he has been found to have littered.
Ah Seng and Ah Meng had been found to be kissing and hugging each other in the
public park under MPLM's jurisdiction. They have both been charged for contravening
Bye-law 2 in the Magistrate's Court.
Asmah has been found not wearing her 'tudung' and also had thrown away along the
street some sweet wrappers. She was charged for both offences.
Advise the respective parties as to any defences they may raise in court.

Question 3
Parliament has enacted the Private Universities Act 2002 (fictitious) with reference to
the management of private universities in Malaysia. Under section 4 of the Act, the
Minister of Higher Education is empowered to make regulations for the purposes of
setting up private universities. The regulations provide inter alia:
Rule 3: Private universities must only be set-up only within cities.
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Rule 4: No women can be appointed as members of the Board of Directors.

Rule 5: Each private university must pay to the Ministry of Education an annual fee of
RM5.000.
The Board of Directors of the University of Airlangga (Indonesia) wishes to set-up a
branch in Malaysia. The Board however is not satisfied with the above regulations and
seeks your advice. Advise them.

Question 4
Parliament enacted the Private School Act 2007 (fictitious) with reference to education
of private schools. Section 3 of the Act empowers the Education Minister to make
Regulations for the purposes of education in private schools. Based on this provision,
the Education Minister gazetted a regulation known as the Private Schools Regulation
2008 (fictitious). The Regulations provide, inter alia:
Regulation 1: All private school owners are required to become members of private
school
association before they are allowed to run the school.
Regulation 2: Every member of the association is required to contribute a monthly
payment
of RM2000 to the Association.
Regulation 3: Women cannot be appointed as principals in any private school.
A group of private school operators who are dissatisfied with the above regulations seek
your advice. Advise them.

Question 5
Under the Kuala Lumpur Road Traffic Act 2003 (fictitious), the Minister of Transport is
empowered to make rules to ease traffic congestion in any parts of Kuala Lumpur. In
making such rules the Minister is required to give opportunity to any parties to raise
objections. To overcome problem pertaining to traffic jams in Kuala Lumpur City Centre,
the Minister formulated the 'Kuala Lumpur City Centre Regulations 2005'. Under the
Regulations, the following rules were made:
a) Rule 2 : Any private vehicle which enters Kuala Lumpur City Centre must have at
least three passengers.
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b) Rule 3 : Private vehicles without the stipulated minimum numbers of passengers

required under Rule 2 can be charged RM 10 per entry to enter Kuala Lumpur City
Centre.
c) Rule 4 : Rules made by the Minister cannot be challenged in any court of law.
The above rules were made by the Minister without giving opportunity to the public to
raise objections. The public is not happy with the rules which cause unnecessary
hardship. They wish to challenge the validity of the above rules.
Advise the minister.

Dr Jashpal Kaur Bhatt - 2016