The functions of the Drafting Division are to draft principal and subsidiary legislation for the Federal Government and to prepare bills for tabling in Parliament. The Division is also responsible for the publication of principal and subsidiary legislation in the e-Federal Gazette portal and for the translation of legal documents.
Pursuant to clause 5.2 of the Drafting Division’s Quality Manual, the Drafting Division’s Quality Policy is as stated in the PN/MK/L5 document as follows:
“The Drafting Division provides high standard of legal gazetting services for principal and subsidiary legislation and will continuously ascertain internal and external issues, be it positive or negative, relating to the objectives of the Division and will, from time to time, take action on the risks arising from the said issues.
This Division will also enable principal and subsidiary legislation to be easily accessible so as to be the primary source of reference.
This Division will ensure that the drafting of principal and subsidiary legislation is conducted efficiently, justly and equitably and that it is legally valid and orderly in terms of drafting.
This Division will give commitment to meet the needs of its customers and stakeholders in line with the requirements of MS ISO 9001:2015 and the laws.
This Division is also committed to continuously improve the quality management system.”
(a) Principal legislation: Act of Parliament.
(b) Subsidiary legislation: Proclamations, rules, regulations, orders, notifications, by-laws or other instrument made under any Act, Enactment, Ordinance or other lawful authority and having legislative effect.
(a) Receive and verify request by a client;
(b) Prepare an Action Plan;
(c) Prepare a draft legislation and obtain approval;
(d) Prepare a ‘Memorandum Jemaah Menteri’ or ‘Ulasan Memorandum Jemaah Menteri’;
(e) Manage the printing of a bill;
(f) Assist the client in the tabling of the bill in Parliament and obtaining Royal Assent; and
(g) Gazette the legislation.
(a) Receive and verify request by a client;
(b) Check the draft subsidiary legislation;
(c) Approve the subsidiary legislation; and
(d) Gazette the subsidiary legislation.
Drafting principles consist of 7 principles as follows:
(a) Clear – using short and simple language;
(b) Comprehensible – comprehensible to the readers especially to the target group of the legislation;
(c) Concise – using short sentences but clear and comprehensible;
(d) Complete – to include matters relating to the legislation and any matters that may arise from the legislation;
(e) Consistent – using consistent words to avoid confusion;
(f) Certain – free from any uncertainties; and
(g) Communicate – a legislation must be able to be communicated to the reader.
The clients of the Drafting Division include the Cabinet, Federal Ministries, Departments, Agencies and Statutory Bodies at the Federal level.