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LAWS OF MALAYSIA
Act 5
ELECTION OFFENCES ACT 1954

An Act to prevent electoral offences and corrupt and illegal practices at elections; to provide for the establishment of enforcement teams and for matters connected therewith; to provide for the appointment of election agents and to control election expenses; and to provide for election petitions.

[Peninsular Malaysia, Federal Territory of
Putrajaya-30 April 1954;
Sabah, Federal Territory of Labuan-1 August 1965,P.U.176/1966;
Sarawak-1 November 1966, P.U.227/1967]

PART I

PRELIMINARY AND INTERPRETATION

Short title and application

1. This Act may be cited as the Election Offences Act 1954 and shall apply throughout Malaysia.

Interpretation

2. (1) In this Act, unless the context otherwise requires-

"authorized" means authorized by or under any written law relating to an election;

"campaign period" , in relation to an election, means the period during which any candidate or his election agent is allowed to hold election campaign in the candidate's constituency, being the period commencing from the time the returning officer declares that a poll will be taken in the constituency for which he is appointed and ending on the expiration of the day before polling day;

"constituency" means an area prescribed under the provisions of any written law for the purpose of an election;

"election" means an election held in accordance with the provisions of any written law relating to the election of persons to be members of the Dewan Rakyat, a Legislative Assembly or a local authority;

"election agent" means the person appointed under section 12 by a candidate for election to be his agent for such election;

"Election Judge" means the Chief Justice or any Judge nominated by the Chief Justice under section 33;

"enforcement team" means an enforcement team established under section 27B;

"entitled" means entitled by or under any written law relating to an election;

"polling day" in relation to an election, means the period, which may extend over one or more days, commencing from the commencement of the day on which the taking of polls in that election is scheduled to commence and ending at the time of the declaration by the returning officer of the result of the election;

"proper officer" means the officer or person appointed by or under any written law relating to an election to be in charge, or to have the conduct, thereof.

(2) Any word or expression used in this Act, the meaning of which is defined in any written law relating to any election, shall have the same meaning in this Act, for the purposes of and with reference to such election, as it has in the said written law; and any reference in this Act to any person or official shall be construed, for the purposes of and with reference to any election, as a reference to any equivalent person or official appointed under or by virtue of any written law relating to such election.