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DR 10/2010
A BILL
i n t i t u l e d
An Act to amend the Tourism Vehicles Licensing Act 1999.
ENACTED by the Parliament of Malaysia as follows:
1. Short title and commencement
(1) This Act may be cited as the Tourism Vehicles Licensing (Amendment) Act 2010.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
2. Interpretation
In this Act, "appointed date" means the date appointed by the Minister under subsection 1(2).
3. Amendment of section 1
The Tourism Vehicles Licensing Act 1999 [Act 594], which is referred to as the "principal Act" in this Act, is amended in subsection 1(2) by substituting for the words "throughout Malaysia" the words "to Sabah, Sarawak and the Federal Territory of Labuan".
4. Non-application, transitional and saving
(1) On the appointed date, the Tourism Vehicles Licensing Act 1999 hereinafter referred to as "the Act", shall cease to apply to Peninsular Malaysia.
(2) Notwithstanding the non-application of the Act to Peninsular Malaysia, all subsidiary legislation made or deemed to have been made or having effect under the Act and in force or having effect on the appointed date shall, in so far as they are not inconsistent with the Land Public Transport Act 2010 [Act ], continue to be in force and have effect in Peninsular Malaysia as if they had been made under the Land Public Transport Act 2010 until they are amended, revoked or replaced by any subsidiary legislation made under the Land Public Transport Act 2010.
(3) Any licence, approval, direction or exemption granted, issued or given under, or in accordance with, or by virtue of, the Act in respect of its application to Peninsular Malaysia, prior to the appointed date and expiring at any time thereafter, shall be deemed to have been granted, issued or given under, or in accordance with, or by virtue of the Land Public Transport Act 2010 and shall continue to be in full force and effect in relation to whom they apply until amended, suspended, revoked or cancelled under the Land Public Transport Act 2010 or until the date of the expiry of such licence, approval, direction or exemption.
(4) All applications for:-
(a) issuance or renewals of licences in respect of tourism vehicles;
(b) variation of conditions of licences described under paragraph (a); and
(c) exemptions under any provision of the Act or any subsidiary legislation made thereunder, made by any person under the Act in respect of its application to Peninsular Malaysia before the appointed date and pending immediately before the appointed date shall, with effect from the appointed date, be dealt with under the Land Public Transport Act 2010 by the Commission as if such applications had been made to it under the provisions of the Land Public Transport Act 2010.
(5) Where any appeal in respect of a decision made under the Act was pending immediately before the appointed date before the Minister charged with the responsibility for tourism or where any right to appeal in respect of such decision had accrued, the proceedings in respect of the appeal or in respect of any appeal under the accrued right to appeal, shall be continued or had, as the case may be, with effect from the appointed date before the Appeal Tribunal under the Land Public Transport Act 2010 as if those proceedings were in respect of a decision under the Land Public Transport Act 2010, subject to all such directions or conditions as the Appeal Tribunal may deem fit or expedient to give or impose in the matter.
(6) Subject to the provisions of the Land Public Transport Act 2010, nothing in the Act or in the Land Public Transport Act 2010 shall affect any person liable to be prosecuted or punished for offences committed under the Act before the appointed date, or any investigation made, application brought or sentence imposed before that day in respect of such offences.
(7) A reference in any law or document in respect of a tourism vehicle in force immediately before the appointed date to the Commissioner of Tourism under the Act shall, to the extent of its application to Peninsular Malaysia, be construed as a reference to the Commission.
EXPLANATORY STATEMENT
This Bill seeks to amend the Tourism Vehicles Licensing Act 1999 ("Act 594") as a consequence of the enactment of the Suruhanjaya Pengangkutan Awam Darat Act 2010 and the Land Public Transport Act 2010. The Suruhanjaya Pengangkutan Awam Darat Act 2010 seeks to establish the Suruhanjaya Pengangkutan Awam Darat ("Commission") as the principal regulator for land public transport, including tourism vehicles, for Peninsular Malaysia. The Land Public Transport Act 2010 provides the regulatory framework for land public transport in Peninsular Malaysia. With the coming into operation of the Suruhanjaya Pengangkutan Awam Darat Act 2010 and the Land Public Transport Act 2010, Act 594 will only apply to Sabah, Sarawak and the Federal Territory of Labuan.
2. Clause 1 contains the short title and enables the Minister to appoint the commencement date of this Bill.
3. Clause 2 seeks to define "appointed date".
4. Clause 3 seeks to amend section 1 of Act 594 to clarify that Act 594 will only apply to Sabah, Sarawak, and the Federal Territory of Labuan.
5. Clause 4 provides for the non-application, transitional and saving provision.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in any extra financial expenditure.