Page:Agreement relating to Malaysia (1963).djvu/52

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58
United Nations — Treaty Series
1970

Temporary power to modify and apply present laws

74. (1) Subject to the provisions of this section the Yang di-Pertuan Agong may by order make such modifications as appear to him necessary or expedient in consequence of the passing of this Act in any present law relating to matters about which Parliament has power to make laws.
(2) Subject to sub-section (3), the power to make orders under sub-section (1) shall include power to extend to a Borneo State or to Singapore any present law of the Federation about any such matter, or to declare to be federal law any present law about any such matter ; but except in consequence of the extension to a State of a present law of the Federation, no such order shall modify any State law.
(3) An order under sub-section (1) shall not, without the concurrence of the Governor, make as respects any State any provision which in an Act of Parliament could not be made or could not come into force without the agreement (however expressed) of a State authority, nor extend to the State any law relating to matters about which the Legislature of the State has power to make laws, nor declare any present law of the State to be federal law, nor modify any State law.
(4) In any present law of a Borneo State or of Singapore which is to be treated as State law the Yang di-Pertuan Agong may by order make (in addition to any modifications made under sub-section (1)), such modifications as may be requested by the Governor and appear to him to be necessary or expedient in consequence of the passing of this Act.
(5) Any Act of Parliament or other law passed for the Federation before Malaysia Day which in the States of Malaya has effect as State law may by order of the Yang di-Pertuan Agong be extended to a Borneo State or Singapore, with or without modification, so as to have effect as State law in that State ; but no law extended to a State under this sub-section without the concurrence of the Governor shall come into operation in the State until adopted by an enactment of the Legislature.
(6) Any provision made by an order under this section with respect to any law may be amended or repealed in like manner as that law.
(7) Orders under this section may be made at any time after the passing of this Act, and references to the Governor of a State shall be construed accordingly ; and as respects the Federation orders under this section may be made to have effect before Malaysia Day.
(8) Any power to make orders under this section shall continue until the end of August, 1965, and thereafter till Parliament otherwise provides.

No. 10760