LAW507_ANS GUIDE(SL)-3.docx - ANSWER GUIDE LAW 507:...

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ANSWER GUIDE LAW 507: SUBSIDIARY LEGISLATIONPART B:QUESTION 2 ( DECEMBER 2019)Minister of Tourism is empowered to make regulations in respect ofregistration and operation of homestay services in Malaysia throughthe newly enacted Section 5 of Homestay and AccommodationPremises Services Act 2018 (fictitious).Accordingly, the Minister enacted Homestay and AccommodationPremises ServicesRegulations 2019 (Regulations) (fictitious) which took effect on 2017.The Regulationsprovideinter alia:Regulation 15: All owners must contribute RM5000 annually to theMinistry of Tourism.Regulation 21: Any rules or regulations made under this Regulations isdeemed to be final, conclusive and cannot be challenged in any courtoflaw on any ground.Serai and Halia, who own a homestay in Shah Alam felt upset with thisRegulations andwishes to challenge the validity of the Regulations.Advise them.(25marks)HOW TO ANSWERThe issues in then case study is control of subsidiary legislation:1.Financial levy-sub legislation cannot imposed financial levi unless conferred bythe Parent Acct2.

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