35 S.C. 128\02 performance of the functions and powers of the Commission and the Commission shall give effect to such directions.” The Communication and Multimedia Act 1998/Act 588 clearly puts the Minister before the Communications and Multimedia Commission which, in terms of section 7 of the Act, must operate on the basis of “directions” from the Minister which must be kept in a register. In terms of the Malaysian Act the Minister “may, from time to time, determine any matter specified in this Act as being subject to Ministerial determination, without consultation with any licensees or persons”. The same Act, in terms of section 30, makes the Minister of Energy, Communications and Multimedia the licensing authority, with the Commission playing an administrative and advisory role as spelt out in the preceding section. It reads:- “(1) The Minister shall have due regard to the recommendation of the Commission given under section 29 before making a decision. (2) The Minister may, acting on the recommendation of the Commission, by written notice – (a) grant an individual licence in accordance with the provisions of this Part; and (b) declare that an individual licence granted under this Part be subjected to special or additional conditions.” The Minister is also responsible for renewing licences (section 34) and also for their revocation (sections 37-38).

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