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Senate approval not needed to abolish Anti-Fake News Act


The government can still repeal the Anti-Fake News Act 2018, even if it is blocked by the BN-controlled Dewan Negara next week, Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin said.
This is because, according to him, the Federal Constitution stipulates that the assent of the Dewan Negara is not necessary for the passage of a bill in Parliament.
In the case where Dewan Negara rejects a bill, he said, the bill will be referred back to Dewan Rakyat for approval.
After the Dewan Rakyat passes the bill, Hanipa said, the government will then present the bill to Yang di-Pertuan Agong for assent.
The bill will then be gazetted and take effect, he told Malaysiakini yesterday.
"So, basically, the Dewan Negara is a rubber stamp. The senators can only defer and delay a bill, but they cannot reject it," Hanipa said.
Under Article 68 of the Federal Constitution, the Dewan Rakyat can only revisit a bill that it passed at least one year before.
After that, the bill can be tabled for the second time in Dewan Negara. The government will submit the bill, with or without the approval of the Upper House, to the Palace.
Hanipa said he is hopeful that the Senate will again make way for the government to pass the bill to abolish the Anti-Fake News Act.
There are 32 BN and three PAS senators, out of the 67 members of the Dewan Negara.
The Dewan Negara, which commenced its current sitting on Aug 20, passed the Goods and Services (Repeal) Bill 2018, sales and service tax law as well as two relevant bills after BN senators gave way to the Harapan government.
The Senate has caught the attention of media by delaying the bill to repeal the Anti-Fake News law to Sept 12.
There is nothing unusual about the arrangement as it run according to the original schedule, Hanipa said. -Mkini


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