ENERGY COMMISSION ACT 2001

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 610 ENERGY COMMISSION ACT 2001 As at 1 December 2011 2 ENERGY COMMISSION ACT 2001 Date of Royal Assent … … … 15 February 2001 Date of publication in the Gazette … 1 March 2001 Latest amendment made by Act A1371 which came into operation on … … 15 March 2010 … PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … ... ... 2002 2006 3 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II ENERGY COMMISSION 3. Establishment of Commission 4. Common seal 5. Membership of Commission 6. Approval to hold other office 7. Tenure of office 8. Remuneration and allowances 9. Revocation of appointment and resignation 10. Vacation of office 11. Statutory declaration by members of Commission 12. Commission may establish committee 13. Schedule 4 Laws of Malaysia ACT 610 PART III FUNCTIONS AND POWERS OF COMMISSION Section 14. Functions and powers of Commission 15. Delegation of Commission’s functions or powers 16. Direction by Minister 17. Commission to furnish information 17A. Restriction on the use of the symbol or representation of the Commission PART IV OFFICERS OF THE COMMISSION 18. Chief Executive Officer 18A. Temporary exercise of functions of Chief Executive Officer 19. Appointment of officers of Commission 20. Conditions of service 21. Loans, scholarships and advances 22. Payment of retirement benefits, etc. 23. Commission may adopt regulations, etc. PART V FINANCE 24. Fund 25. Expenditure to be charged on Fund 26. Conservation of Fund 27. Expenditure and preparation of estimates 28. Bank accounts 29. Power to borrow 30. Investment 30A. Limitation on contracts 31. Financial procedure 32. Financial year Energy Commission Section 33. Account and reports 34. (Deleted) PART VI GENERAL 35. Prosecution 36. Public servant 37. Public Authorities Protection Act 1948 38. Power to employ 39. Obligation of secrecy 40. Representation in civil proceedings 41. Things done in anticipation of the enactment of this Act SCHEDULE 5 7 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 An Act to provide for the establishment of the Energy Commission with powers to regulate the energy supply activities in Malaysia, and to enforce the energy supply laws, and for matters connected therewith. [1 May 2001, P.U. (B) 124/2001] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Energy Commission Act 2001. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. (3) This Act applies throughout Malaysia. * (4) The Minister may by order published in the Gazette suspend the operation of the whole or any of the provisions of this Act in any part of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— * NOTE—The operation of the whole of the Energy Commission Act 2001 [Act 610] is suspended in the State of Sarawak with effect from 1 May 2001–see P.U. (A) 120/2001. 8 Laws of Malaysia ACT 610 “energy supply activities” includes— (a) in relation to electricity— (i) the supply and use of electricity to which the electricity supply laws apply; and (ii) the generation, transmission and distribution of electricity for the supply and use of electricity under subparagraph (i); (b) in relation to gas— (i) the supply and use of gas to which the gas supply laws apply; and (ii) the delivery, transportation, distribution and reticulation of gas for the supply and use of gas under subparagraph (i); and (c) any other activity regulated under the energy supply laws; “member” means the Chairman and other members of the Commission appointed under section 5; “electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal; “gas” means methane, ethane, propane, butane or hydrocarbons which may consist of one or more of any of those gases, either in the form of gas or liquid; “appointed day” means the day on which this Act comes into operation; “committee” means any committee established by the Commission under section 12; “Chief Executive Officer” means the Chief Executive Officer of the Commission having the duties described in section 18; Energy Commission 9 “Fund” means the fund established under section 24; “Minister” means the Minister for the time being charged with the responsibility for matters relating to electricity supply or gas supply, as the case may be, except— (a) in Parts II and IV, in relation to the appointment, revocation of appointment or resignation of the Chairman, the Chief Executive Officer and members of the Commission, means the Minister for the time being charged with the responsibility for matters relating to electricity supply with the concurrence of the Minister for the time being charged with the responsibility for matters relating to gas supply; and (b) in Part V, means the Minister for the time being charged with the responsibility for matters relating to electricity supply; “Minister of Finance” means the Minister for the time being charged with the responsibility for finance; “officer” means any officer, servant or employee of the Commission appointed under this Act; “Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a); “installation”— (a) in relation to electricity, has the meaning assigned to it by the electricity supply laws; and (b) in relation to gas, has the meaning assigned to it by the gas supply laws; “Commission” means the Commission established under section 3; “renewable energy” means energy which is not depleted when used and includes energy obtained from energy sources such as biomass, hydro power, solar power, geothermal power, wind power, waves and tides; 10 Laws of Malaysia ACT 610 “non-renewable energy” means energy which depletes when used and includes energy from energy sources such as coal, oil shale, tar sands, crude oil, oil, natural gas and nuclear power; “electricity supply laws” means the Electricity Supply Act 1990 [Act 447] and includes— (a) any subsidiary legislation made under the Electricity Supply Act 1990; and (b) any other legislation relating to electricity under which the Commission is to exercise any function, including any subsidiary legislation made under such legislation; “gas supply laws” means the Gas Supply Act 1993 [Act 501] and includes— (a) any subsidiary legislation made under the Gas Supply Act 1993; and (b) any other legislation relating to gas under which the Commission is to exercise any function, including any subsidiary legislation made under such legislation; “energy supply laws” means— (a) this Act and any subsidiary legislation made under this Act; (b) the electricity supply laws; (c) the gas supply laws; and (d) any other written law under which the Commission is to exercise any function. Energy Commission 11 PART II ENERGY COMMISSION Establishment of Commission 3. (1) There is hereby established a body corporate by the name of “Suruhanjaya Tenaga” with perpetual succession and a common seal, and which may sue and be sued in its corporate name. (2) Subject to and for the purposes of this Act, the Commission may enter into contracts and may acquire, purchase, take, hold, and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Commission upon such terms as it deems fit. Common seal 4. (1) The Commission shall have a common seal which shall bear a device approved by the Commission and the seal may from time to time be broken, changed, altered and made anew as the Commission may think fit. (2) Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Tenaga” may be used and shall be deemed to be the common seal of the Commission. (3) The common seal shall be kept in the custody of the Chairman or any other person authorized by the Commission, and shall be authenticated by either the Chairman or such person as may be authorized by the Chairman in writing. (4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed. (5) Any deed, documents or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission 12 Laws of Malaysia ACT 610 or any other person authorized by the Commission on behalf of the Commission. (6) The common seal of the Commission shall be officially and judicially noticed. Membership of Commission 5. (1) The Commission shall consist of the following members who shall be appointed by the Minister: (a) the Chairman; (b) the Chief Executive Officer; (c) three members representing the Government; and (d) not more than six members, who, in the opinion of the Minister, have experience and shown capacity and professionalism in matters relating to finance, engineering, business or administration, or are otherwise suitable for appointment because of their special knowledge and experience. (2) The Minister may appoint temporarily any member of the Commission, other than the Chief Executive Officer, to act as the Chairman for the period— (a) when the office of the Chairman is vacant; (b) when the Chairman is absent from duty or from Malaysia; or (c) when the Chairman is, for any other reason, unable to perform the duties of his office. Approval to hold other office 6. The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval. Energy Commission 13 Tenure of office 7. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Commission shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of two years. (2) A member of the Commission shall be eligible for reappointment but no member shall hold office for more than three terms. (3) This section shall not apply to the Chief Executive Officer. Remuneration and allowances 8. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine, after consultation with the Minister of Finance. (2) All other members of the Commission shall be paid such allowances at such rates as the Minister may determine, after consultation with the Minister of Finance. Revocation of appointment and resignation 9. (1) The Minister may, at any time, revoke the appointment of any member of the Commission, other than the Chief Executive Officer, without assigning any reason for the revocation. (2) A member of the Commission, other than the Chief Executive Officer, may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office 10. The office of a member of the Commission, other than the Chief Executive Officer, shall be vacated— (a) if he dies; 14 Laws of Malaysia ACT 610 (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if his conduct, whether in connection with his duties as a member of the Commission or otherwise, has been such as to