We had previously issued an
alert on the fees for Covid-19 detection tests which came into effect on 29 June 2020 through the Prevention and Control of Infectious Diseases (Fee for Coronavirus Disease 2019 (Covid-19) Detection Test) Regulations 2020 (“Covid-19 Fees Regulations”), and a subsequent
update as to the exemption, process and types of test to be used.
An amendment to the Covid-19 Fees Regulations was gazetted on 28 July 2020 and has come into effect on 29 July 2020 through the
Prevention and Control of Infectious Diseases (Fee for Coronavirus Disease 2019 (Covid-19) Detection Test) (Amendment) Regulations 2020 (“Amendment Regulations”).
Previously Regulation 3(1) of the Covide-19 Fees Regulations provided as follows:
“Any citizen or foreigner entering Malaysia from overseas shall pay the fee specified in column (2) or (3) of the Schedule, as the case may be, relating to the type of COVID-19 detection test specified in column (1) as determined under regulation 4 before proceeding for immigration clearance at any point of entry.”
The Amendment Regulations replaces Regulation 3(1) of the Covid-19 Fees Regulations with the following:
“Any person, including any citizen and foreigner entering Malaysia from overseas, who has been instructed by an authorised officer to undergo a COVID-19 detection test shall pay the fee specified in column (2) or (3) of the Schedule as the case may be, relating to the type of COVID-19 detection test specified in column (1) as determined under regulation 4.”
Where previously the language of Regulation 3(1) suggests that all persons who enter Malaysia from overseas would be required to take the relevant test and pay the relevant fees, the new Regulation 3(1) introduced under the Amendment Regulations indicates that persons entering Malaysia would only have to take and pay for the tests
if an authorised officer instructs them to take the tests.
Although the removal of the phrase “
before proceeding for immigration clearance at any point of entry” leaves it open whether such person entering Malaysia from overseas may proceed for immigration clearance even before he has taken the test, this is not the case as Regulation 8(1) of the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 7) Regulations 2020 clearly states that the health examination, if required, is to be taken “
at the point of entry before proceeding for immigration clearance.”
Alert prepared by Ebbie Wong (Associate) of Skrine.