Fee (Amendment) 2023 bill passed

KOTA KINABALU (Nov 30): The State Legislative Assembly passed the Fee (Amendment) 2023 bill on Thursday.

Assistant Minister to the Chief Minister, Datuk Abidin Madingkir said that the purpose of the bill was to amend Section 2 of the Enactment by deleting the provision that imposes a condition that the fees or charges imposed or set are only in respect of any matter included in the State List Federal Constitution.

Apart from the amendment to section 2, the other amendment made is to replace the word “Yuran” in the Enactment to the word “Fi”, he said.

Abidin also provided a background of the 1981 Fees Enactment, stating that it was tabled and approved by the State Legislative Assembly on 13 August 1981 and was enforced on 3 September 1981.

The enactment was enacted with reference to the Fees Act 1951 which came into effect at the federal level at that moment, he said.

He said the purpose of the Enactment, among others, is to provide that the Sabah Head of State may, by order, from time to time impose and fix fees and payment that are imposed levy in the public office and State Government departments unless it has been expressly provided otherwise by any law written in force in the State of Sabah.

However, the said the Enactment under section 2 imposes the condition that the fee or payment to be imposed or set is only in respect of any matter included under the State List which is List 2 in the Ninth Schedule of the Federal Constitution only, he said.

The conditions imposed under section 2 of the Enactment were found to be inappropriate and restrict the State Government from exercising other jurisdictions as provided for in the Federal Constitution, he said.

Abidin said that the jurisdiction of the State Government provided under the Federal Constitution is not only limited to List 2 or the State List only.

The State Government also has jurisdiction in other lists of the Ninth Schedule as follows:
a) List 2A which is the Supplement to the State List for the States of Sabah and Sarawak, such as regarding customs and natives;
b) List 3 which is the Joint List, such as matters related to drainage and irrigation;
c) List 3A which is an Addendum to the Joint List for the States of Sabah and Sarawak, as regards shipping whose weight is less than fifteen registered tons; and
d) Residual Power under Article 77 of the Federal Constitution, such as matters relating to the environment.

“This proposed amendment will expand the power of the State Government to impose fees and charges on matters that are not only limited to List 2 but will also include jurisdiction in other lists provided under the Federal Constitution, which aims to generate revenue for the State Government,” he said.

He added that the amendment that replaces the word “Yuran” with the word “Fi” is to harmonise the use of the word Fi which has replaced the word ‘Yuran” in the current national language usage.

Therefore, this amendment will become the Fees Enactment 1981, hereinafter referred to as the Fees Enactment 1981, he said.

He also said that the Bill does not incur the State Government any additional money expenditure.