From First Reading to the Gazette: How a Bill Becomes an Act

A Bill can be passed by the Dewan Rakyat, agreed to by the Dewan Negara, and stamped with the Great Seal — and still bind no one.

The reason lies in one sentence of Article 66(5) of the Federal Constitution: a Bill becomes law once it is assented to, but no law shall come into force until it has been published.

That is why a Bill’s journey does not end in the House. It ends in the Gazette.

Short answer

Federal legislative power is vested in Parliament, which under Article 44 consists of the Yang di-Pertuan Agong and the two Houses of Parliament — the Dewan Negara and the Dewan Rakyat.

Article 66(1) states that this power is exercised through Bills passed by both Houses (or, in the case referred to in Article 68, by the Dewan Rakyat alone) and assented to by the Yang di-Pertuan Agong.

Route map

Stage	Where	Reference
Notice and introduction of the Bill	The House where it originates	S.O. 48, Article 66(2)
First reading	The same House	S.O. 48
Second reading (policy debate)	The same House	S.O. 53
Committee stage (clause by clause)	Committee of the whole House or a Select Committee	S.O. 54, 55
Third reading	The same House	S.O. 61
Transmission to the other House	Message from the Speaker	S.O. 70, Article 66(3)
Three readings again	The second House	S.O. 72
Royal assent of the Yang di-Pertuan Agong	Istana Negara	Article 66(4), 66(4A)
Gazettal	Federal Government Gazette	Article 66(5), Akta 388 s. 18–19

Before the first reading

Article 66(2) allows a Bill to originate in either House of Parliament — subject to Article 67.

Article 67(1) is the important exception. A Bill or amendment making provision for certain financial matters — imposing or increasing taxation, the borrowing of money by the Federation, the charging or withdrawal of money from the Consolidated Fund, the remission of debt to the Federation, and the like — may not be brought in or moved except by a Minister, and such a Bill may not be introduced in the Dewan Negara.

In ordinary practice, most Government Bills originate in the Dewan Rakyat.

First reading: no debate

Standing Order 48 of the Dewan Rakyat provides that a Minister, having given at least one day’s notice beforehand, may bring a Bill into the sitting without needing an order of the House.

The Clerk reads the name of the Bill at the Table. It is thereupon deemed to have been read a first time and set down for a second reading on a future sitting day or later. For a Supply Bill, notice of the second reading may be given on the same day.

Parliament’s own official glossary describes this stage as a formal introduction, carried out briefly and formally, without any debate.

A private member’s Bill follows a different route. Under Standing Order 49, a member who is not a member of the Government must seek the House’s leave by way of a motion. Once the motion is agreed to, the Bill is deemed to have been read a first time and ordered to be printed — but it is then left with the relevant Minister, and no further step may be taken until the House has received a statement from that Minister.

Second reading: the battle over policy

Standing Order 53(1) requires notice of the second reading to be given as soon as possible after the first reading. Standing Order 53(2) in turn bars the second reading until copies of the Bill have been sent to members.

The motion put is “That the Bill be read a second time now,” and debate may cover the principle of the Bill and its merits and demerits generally.

It is at this stage that the Opposition may move the classic amendment: leaving out the word “now” and adding “six months from this day”. If the House agrees to that amendment, the second reading is deemed not agreed to — the Bill stops there.

Committee stage: clause by clause

Once read a second time, Standing Order 54(2) commits the Bill to a Committee of the whole House — that is, the House itself, sitting as a committee — unless the House resolves by motion to commit it to a Select Committee.

The distinction between a committee before and after the second reading is a sharp one:

• A committee that receives a Bill before the second reading may discuss both the details and the merits of its policy (S.O. 55(1)).
• A committee that receives it after the second reading may not debate policy — only its details (S.O. 55(2)).

The committee may make any amendment it thinks fit, provided the amendment is relevant to the subject matter of the Bill, and subject to the requirements of Article 67 of the Constitution. If an amendment is no longer consistent with the title of the Bill, the committee must amend that title and report it to the House.

One rarely-mentioned provision: Standing Order 52 allows a person whose right or interest is affected by a Bill to have their case heard by the committee considering it, either in person or through counsel.

Third reading: the door closes

Under Standing Order 61(1), debate at the third reading is confined to the contents of the Bill; an amendment raising a matter not contained in it is out of order. Standing Order 61(2) permits only the correction of errors or omissions, with the Speaker’s leave — not amendments on matters of substance.

Before the motion for the third reading is moved, any member may still move that the Bill be committed once more to a Committee of the whole House (S.O. 59).

The Dewan Negara: the second House with a clock

After the third reading and passage, Standing Order 70 requires the Speaker to send a message to the President of the Dewan Negara, accompanied by a fair copy of the Bill signed by the Clerk, requesting the Dewan Negara’s concurrence.

In the Dewan Negara, the Bill goes through its own readings and committee stage. A Bill coming from the Dewan Negara, in turn, is laid on the Table of the Dewan Rakyat until a day is fixed for the second reading (S.O. 72).

The Dewan Negara is not a mirror of the Dewan Rakyat. Under Article 45(1), its membership consists of two members for each State elected in accordance with the Seventh Schedule; two members for the Federal Territory of Kuala Lumpur, one for Labuan and one for Putrajaya, appointed by the Yang di-Pertuan Agong; and forty members appointed by the Yang di-Pertuan Agong. Article 45(2) provides that those appointed shall be persons who have rendered distinguished public service or achieved distinction in a profession, commerce, industry, agriculture, cultural activities or social service, or who are representative of racial minorities or capable of representing the interests of aborigines.

The term of office of a member of the Dewan Negara is three years and is not affected by the dissolution of Parliament (Article 45(3)); a member may not hold office for more than two terms (Article 45(3A)).

When the two Houses disagree

Article 68 provides a timed way out, not a permanent deadlock.

Type of Bill	Condition	Effect
Money Bill	Passed by the Dewan Rakyat, sent to the Dewan Negara at least one month before the end of the session, and not passed without amendment within one month	Presented to the Yang di-Pertuan Agong, unless the Dewan Rakyat directs otherwise — Article 68(1)
Non-Money Bill	Not passed by the Dewan Negara, or amended without the Dewan Rakyat’s agreement; then passed again by the Dewan Rakyat in the following session, not earlier than one year after it was first passed, and again not passed by the Dewan Negara	Presented to the Yang di-Pertuan Agong — Article 68(2)

A certificate of the Speaker of the Dewan Rakyat that the provisions of Article 68 have been complied with is conclusive for all purposes and shall not be questioned in any court (Article 68(4)).

Two important limits: Article 68(5) states that this Article does not apply to a Bill for a constitutional amendment (other than an amendment excepted from Article 159(3)); and Article 68(6) defines a “Money Bill” as a Bill certified by the Speaker of the Dewan Rakyat as being such. Standing Order 69 sets out how that certificate is sent together with the Bill to the Dewan Negara.

Royal assent of the Yang di-Pertuan Agong

Article 66(3) requires a Bill to be presented to the Yang di-Pertuan Agong once it has been passed by the other House and agreement has been reached between the two Houses on any amendments, or when it is required to be presented under Article 68.

Article 66(4) provides that the Yang di-Pertuan Agong shall, within thirty days of a Bill being presented, assent to it by causing the Great Seal to be affixed to it.

Article 66(4A) completes the mechanism: if assent is not given within that period, the Bill shall become law on the expiry of that period, in the same way as if it had been assented to.

A Bill awaiting assent is also shielded from the political calendar. Article 55(7) states that a Bill awaiting assent under Article 66(4) or 66(4A) shall not lapse by reason of the prorogation or dissolution of Parliament. Article 55(5), in turn, protects a Bill that has not yet been disposed of from lapsing by reason of prorogation.

Why gazettal determines everything

This is where many people go wrong.

Article 66(5) separates two things that are commonly treated as one:

1. Becoming law — occurs once assented to, or as provided under Article 66(4A).
2. Coming into force — cannot occur until the law has been published.

The same Article preserves Parliament’s power to defer the coming into force of any law or to make a law that has retrospective effect.

Section 18(1) of the Interpretation Acts 1948 and 1967 (Akta 388) organises the Gazette into several parts, including the Acts Supplement containing all Acts of Parliament and Ordinances proclaimed by the Yang di-Pertuan Agong, the Bills Supplement containing all Bills, and Legislative Supplements A and B for subsidiary legislation. Section 18(2) makes publication in the official Gazette of Malaysia sufficient notice of any matter required to be published under federal law.

Section 19(1) sets the date formula: an Act’s commencement is the date provided in or under the Act, or, if no date is provided, the day immediately after the date of its publication. Section 19(2) states that it comes into force as soon as the day before that commencement date has expired.

The practical effect: many Malaysian Acts are published in the Gazette but provide that they come into force on a date to be fixed by the Minister through a notification in the Gazette. That notification is published as a P.U.(B) and can come months — or years — later, sometimes section by section. The Laws of Malaysia portal lists these Acts, amendments, P.U.(A)s and P.U.(B)s.

See also the glossary entries for Warta Kerajaan and Akta.

If it is a constitutional amendment Bill

Article 159(1) allows the Constitution to be amended by federal law, subject to that Article itself and to Article 161E.

Article 159(3) adds a higher threshold: a Bill to amend the Constitution (other than an excepted amendment) may not be passed in either House unless it is supported at the Second and Third Readings by the votes of not less than two-thirds of the total number of members of that House. Compare this with Article 62(3), which provides that an ordinary decision is taken by a simple majority of members voting.

Two additional layers of consent also exist:

• Article 159(5) — an amendment to certain provisions, including Article 10(4), Part III, Article 38, 63(4), 70, 71(1), 72(4), 152 or 153, may not be passed without the consent of the Conference of Rulers.
• Article 161E(2) — no amendment may be made without the consent of the Yang di-Pertua Negeri of Sabah or Sarawak if it touches on listed matters such as citizenship rights connected with that State, the membership and jurisdiction of the High Court in Sabah and Sarawak, and matters of that State’s legislative power and financial arrangements.

The full background to this framework is set out in the articles Federal Constitution and Parliament of Malaysia.

Common mistakes

“Parliament has already passed it, so the law is already in force.” Article 66(5) separates passage, assent and coming into force. Check the commencement date, not the date of passage.

“The Act has been gazetted, so it applies today.” Not necessarily. Section 19(1) of Akta 388 gives priority to the date provided in the Act itself; only if no date is provided does the day after publication apply.

“The Dewan Negara can reject anything.” Article 68 provides a scheduled route to bypass disagreement — one month for a Money Bill, and at least a year plus the following session for other Bills.

“A financial Bill can be introduced anywhere.” Article 67(1) bars it from being introduced in the Dewan Negara and requires it to be brought in by a Minister.

“A Bill dies when Parliament is prorogued.” Articles 55(5) and 55(7) provide otherwise for Bills not yet disposed of and Bills awaiting assent.

“The Malay-language text of the Constitution is the authoritative text.” The Malay-language reprint published by the Attorney General’s Chambers itself states that it is only a translation of the Federal Constitution, and is not law unless and until it is declared authoritative under Article 160B.

What’s next

If you are tracking a particular Bill, follow three documents in sequence: the text of the Bill as presented, the version as passed after the committee stage, and the Act as published in the Gazette. The differences between the three are where the real changes happen.

For further reading, start with Federal Constitution for the overall framework, then Parliament of Malaysia for the institution that carries out this process.