TEMPORARY MEASURES FOR REDUCING THE IMPACT OF CORONAVIRUS DISEASE 2019 (COVID-19) ACT 2020

The Bill, tabled by Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan for first reading at the Dewan Rakyat on Wednesday (Aug 13), is to support the Prihatin Rakyat Economic Stimulus Package, Prihatin SME Economic Stimulus Package and the Short-Term Economic Recovery Plan announced recently by the Prime Minister. The Bill, if approved, will modify 16 legislations and will come into force as at Oct 23, 2020.

Prevailing Law:
In the event of any conflict or inconsistency between the provisions of this Act and any other written law, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of such other written law shall be deemed to be suspended to the extent of the conflict or inconsistency.

	MODIFICATION	PERIOD OF OPERATION
INABILITY TO PERFORM CONTRACTUAL OBLIGATION	Inability of any parties to perform any contractual obligation arising from the contracts below shall not give rise to the other parties exercising their rights under the contract. The disputes can be settled by way of mediation. The affected contracts: 1. Construction work contract or construction consultancy contract and any other contract related to the supply of construction material, equipment or workers in connection with a construction contract 2. Performance bond or equivalent that is granted pursuant to a construction contract or supply contract 3. Professional services contract 4. Lease or tenancy of non-residential immovable property 5. Event contract for the provision of any venue, accommodation, amenity, transport, entertainment, catering or other goods or services including, for any business meeting, incentive travel, conference, exhibition, sales event, concert, show, wedding, party or other social gathering or sporting event, for the participants, attendees, guests, patrons or spectators of such gathering or event 6. Contract by a tourism enterprise as defined under the Tourism Industry Act 1992 [Act 482] and a contract for the promotion of tourism in Malaysia 7. Religious pilgrimage-related contract Saving: Any contract terminated, any deposit or performance bond forfeited, any damages received, any legal proceedings, arbitration or mediation commenced, any judgment or award granted and any execution carried out from 18/3/2020 until the date of publication of this Act shall deemed to be valid.	18/3/2020 to 31/12/2020 (subject to extension by the Minister for not later than 2 years from date of publication.)
THE LIMITATION ACT 1953	Any limitation period specified in Section 6 of the Limitation Act 1953 which expires during the period from 18/3/2020 to 31/8/2020 shall be extended to 31/12/2020.	18/3/2020 to 31/12/2020 (not subject to extension)
THE SABAH LIMITATION ORDINANCE	Any limitation period specified in paragraphs 1 to 4, subparagraph 5(a), paragraph 8, paragraphs 10 to 33, paragraphs 35 to 79, paragraphs 83 to 88, paragraphs 90 to 95 and paragraphs 98, 100, 106, 107, 111 and 113 in the Schedule to the Sabah Limitation Ordinance which expires during the period from 18 March 2020 to 31 August 2020 shall be extended to 31 December 2020.	18/3/2020 to 31/12/2020 (not subject to extension)
THE SARAWAK LIMITATION ORDINANCE	Any limitation period specified in paragraphs 1 to 4, subparagraph 5(a), paragraphs 8 to 29, paragraphs 31 and 32, paragraphs 34 to 78, paragraphs 82 to 94 and paragraphs 96, 98, 100, 106, 107, 111 and 113 in the Schedule to the Sarawak Limitation Ordinance which expires during the period from 18 March 2020 to 31 August 2020 shall be extended to 31 December 2020.	18/3/2020 to 31/12/2020 (not subject to extension)
THE PUBLIC AUTHORITIES PROTECTION ACT 1948	The limitation period specified in paragraph 2(a) of the Public Authorities Protection Act 1948 which expires during the period from 18 March 2020 to 31 August 2020 shall be extended to 31 December 2020.	18/3/2020 to 31/12/2020 (not subject to extension)
THE INSOLVENCY ACT 1967	Modification to the amount of indebtedness: During the period of operation of this part, a creditor shall not be entitled to present a bankruptcy petition against a debtor under section 2 or section 5 of the Insolvency Act 1967, unless the debt owing by the debtor to the petitioning creditor, or if two or more creditors join in the petition the aggregate amount of debts owing to the several petitioning creditors, amounts to one hundred thousand ringgit. Saving: Any proceedings, actions or other matters required to be done under the Insolvency Act 1967 which are still pending immediately before the date of publication of this Act shall be dealt with under the Insolvency Act 1967 as if the Insolvency Act 1967 had not been modified by this Act.	Date of publication to 31/8/2021 (subject to extension)
THE HIRE-PURCHASE ACT 1967	No owner shall exercise his right to repossess the goods for any default of payment of instalment during the period from 1st April 2020 to 30th September 2020. Saving: Not withstanding section23, any owner who has exercised his power of taking possession of goods before the date of publication of this Act, shall be deemed to have validly exercised such power of taking possession of such goods as if the Act had not been modified.	1/4/2020 to 31/12/2020 (subject to extension)
THE CONSUMER PROTECTION ACT 1999	Default in payment of instalments by purchaser 1. Modified by substituting for Section 24v: In the event of a default on two consecutive instalments by a purchaser under a credit sale agreement, the credit facility provider shall issue a notice to the purchaser on the settlement of the overdue instalments under the agreement. 2. Upon receiving the notice from the credit facility provider, the purchaser may within twenty-one days elect to— (a) pay the overdue instalments; (b) make an early settlement of the credit sale agreement by paying the total amount payable; or (c) terminate the credit sale agreement and surrender the purchased goods to the credit facility in accordance with Section 24w. If purchaser elects 2(b), the credit facility shall grant statutory rebate to the purchaser Upon failure to make an election under subsection (2), the credit facility provider shall not commence any legal proceedings to recover the outstanding amount payable by the purchaser under the credit sale agreement. Modifications to Section 24v shall only be applicable when :- (a) If the credit sales agreeement was entered into before March 18 2020; and (b) if the purchaser has no overdue instalments before 18March Saving: The modification relating to subsection 24v(4) of the Consumer Protection Act 1999 in subsection 26(1) shall not affect any legal proceedings of the credit sale agreement during the period from 18/3/2020 until the date of publication of this Act. Modification to section 99 The period of limitation specified in subsection 99(2) of the Consumer Protection Act 1999 which expires during the period from 18 March 2020 to 15 June 2020 shall be extended until 31 December 2020.	18/3/2020 to 31/12/2020
THE DISTRESS ACT 1951	For the purposes of the recovery of rent due or payable to the landlord by a tenant of any premises, a warrant of distress issued under subsection 5(1) of the Distress Act 1951, shall not include the distrain for the arrears of rent for the period from 18/3/2020 to 31/8/2020. Saving: Any execution of the warrant of distress that has been issued before the date of publication of this Act shall not be affected.	18/3/2020 to 31/12/2020 (not subject to extension)
THE HOUSING DEVELOPMENT (CONTROL AND LICENSING) ACT 1966	34. Late payment charges Late payment charges shall not be imposed for failure to pay any instalment for the period from 18/3/2020 to 31 August 2020. Subject to extension for no later than 31/12/2020 if the purchaser applies to the Minister. 35. Delivery of vacant possession and liquidated damages* Exclude the period from 18/3/2020 to 31/8/2020 from the calculation of time or the delivery of vacant possession of a housing accommodation and the liquidated damages for the failure of the developer to deliver vacant possession of a housing accommodation. Subject to extension of no later than 31/12/0220 if the developer applies to the Minister If the purchaser is unable to enter into possession of occupation of a housing accommodation from the date of service of a notice to take vacant possession from the developer during the period from 18/3/2020 to 31/8/2020, the purchaser shall not be deemed to have taken such vacant possession. 36. Defect liability Period* The period from 18/3/2020 to 31/8/2020 shall be excluded from the calculation of the defect liability period and the time for the developer to carry out works to repair the housing accommodation. Subject to extension of no later than 31/12/2020 if the purchaser applies to the Minister. Modifications to Section 16N* If the limitation period for the home-buyer to file a claim has expired during the period from 18/3/2020 to 9/6/2020, the home-buyer is entitled to file the claim from 4/5/2020 to 31/12/2020. Saving: The modifications shall not affect any legal proceedings during the period of 18/3/2020 to the date of publication of the Act.	18/3/2020 to 31/8/2020
THE INDUSTRIAL RELATIONS ACT 1967	The period from 18/3/2020 to 9/6/2020 shall be excluded from the calculation of the period under the Industrial Relations Act 1967 for according recognition, making a report and filing of representation.	18/3/2020 to 9/6/2020 (not subject to extension)
THE PRIVATE EMPLOYMENT AGENCIES ACT 1981	The period from 18/3/2020 to 9/6/2020 shall be excluded from the calculation of the period for an application to renew a licence.	18/3/2020 to 9/6/2020 (not subject to extension)
THE LAND PUBLIC TRANSPORT ACT 2010	Modifications to section 21 The Land Public Transport Act 2010 is modified by substituting for section 21 the following section: “Temporary change of use of public service vehicle or tourism vehicle“ The Director General of Land Public Transport may on an application by a licensed operator authorise any licensed operator of any public service vehicle or tourism vehicle or goods vehicle to temporarily use the vehicle as vehicle of any other class for a period of not more than 12 months. Modification to section 56 Modified by substituting Section 56 the following section: “Temporary change of use of goods vehicle“ Director General of Land Public Transport may on an application by a licensed operator authorise any licensed operator of goods vehicle to use the vehicle for the purpose of a public service vehicle, tourism vehicle or goods vehicle of any other class for a period not exceeding 12 months.	1/8/2020 to 31/12/2021 (subject to extension)
THE COMMERCIAL VEHICLES LICENSING BOARD ACT 1987	Modification to section 23 Modified by substituting for section 23 of the following section: “Temporary change of use of public service vehicle“ The Commercial Vehicles Licensing Board may on an application by any holder of a public service vehicle license of a particular class to use the vehicle for the purpose of a public service vehicle or goods vehicle of any other class. For a period not exceeding 12 months. authorise a holder of a public Modification to Section 24 Modified by substituting section 24 the following section : “Temporary chnage of use of ‘C’ vehicle or ‘A’ vehicle “ The Commercial Vehicles Licensing Board may on an application by any holder of a carrier’s licence ‘C’ vehicle or ‘A’ vehicle to use the vehicle for the purpose of goods vehicle of any other class for a period of not more than 12 months.	1/8/2020 to 31/12/2021 (subject to extension)
THE COURTS OF JUDICATURE ACT 1964	New Section 16A Insert new section 16A to give the Chief Justice power to issue directions relating to the business of the High Court, the Court of Appeal and the Federal Court whenever the Chief Justice is of the opinion that it is necessary in the interest of the dispensation of justice, public health, etc. Enable the Chief Justice to make any alternative arrangements for any meeting required to be convened, held or conducted under the Courts of Judicature Act 1964. Enable the Chief Justice to modify any provisions of the rules of court or to suspend the application of such rules as is necessary for doing complete justice. Exclude the mandatory requirement to convene the Council of Judges for at least one meeting in each year.	18/3/2020 to two years from date of publication (not subject to extension)
THE SUBORDINATE COURTS ACT 1948	New Section 3A Insert new section 3A to give the Chief Justice power to issue directions relating to the business of the Subordinate Courts whenever the Chief Justice is of the opinion that it is necessary in the interest of the dispensation of justice, public health, etc.	18/3/2020 to two years from date of publication (not subject to extension)
THE SUBORDINATE COURTS RULES ACT 1955	Modification to Section 3 Enable the Chief Justice to modify any provisions of the rules of court or to suspend the application of such rules as is necessary for doing complete justice.	18/3/2020 to two years from date of publication (not subject to extension)