* Trade Descriptions Act 2011

Original Language Title: *Trade Descriptions Act 2011

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Road Transport 1 laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act TRADE DESCRIPTIONS ACT 2011 730 As at 1 July 2016 2 trade description Act 2011 Royal Assent Date............ 5 August 2011, the date of publication in the Gazette......... 18 August, 2011 3 laws of MALAYSIA Act TRADE DESCRIPTIONS ACT 730 2011 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. Appointment of Controller, Deputy Controller, Assistant Controller, etc.
4. Appointment of the Registrar of the trade description order PART II the PROHIBITION of FALSE TRADE DESCRIPTIONS 5. The prohibition of false trade descriptions 6. Trade description 7. False trade descriptions 8. The prohibition of false trade descriptions in respect of trademarks 9. Trade description order 10. Use the trade description of goods 11. The trade description used in advertising for classes of goods 12. In possession for the supply of 4 laws of Malaysia ACT 730 PART III STATEMENT WRONG OTHER THAN FALSE TRADE DESCRIPTIONS Section 13. Interpretation of 14. False or misleading indication as to the price of goods 15. Deemed tax included price 16. False representation or approval of the supply of goods or services 17. False or misleading statements about a service, etc.
18. false or misleading Statements in advertising 19. Assumption of liability on advertisers, etc.
20. false or misleading Statements in connection with the contest, games, etc.
21. Violations of part III be an offence PART IV DEFENCE 22. Error caused by wrong others 23. Protection of the personal or domestic 24. Accidental mistakes, defense, etc.
25. Publication of advertisement without the intention of wrong part V PROHIBITION of the IMPORTATION OF CERTAIN goods, etc.

26. The prohibition of importation of goods bearing a false indication of origin 27. Menyubahati offence committed abroad trade descriptions 5 PART VI the AUTHORITY to DEFINE the TERM, REQUIRE the INFORMATION given, etc.
Section 28. Order of definition of 29. Order cap information and certification PART VII INVESTIGATIONS and ENFORCEMENT Chapter 1 investigation and complaint 30. Investigation by the Assistant Controller of 31. Complaint to the Assistant Controller Chapter 2 Powers gather information 32. Power Assistant Controller to require provision of information 33. Assistant Controller can retain documents 34. Access to a record 35. Confidentiality 36. Protected communications 37. Provide information, evidence or false or misleading documents 38. Concealment, destruction, and alteration records the whole chapter 3 Power capture, search and seizure 39. The power of capturing 40. Power to enter premises and inspect and seize goods and documents 6 laws of Malaysia ACT 41 Section 730. Power to enter premises with a warrant 42. The power to enter and search and seize without warrant 43. Access to information berekod or computerised data, etc.
44. The provision of information 45. A warrant is admissible even if flawed 46. List of things seized 47. Forfeiture of goods 48. The release of a thing seized 49. Seizure of goods easily destroyed 50. There are no costs or damages arising from seizure can be retrieved back 51. Obstruction 52. Power to make test purchases of 53. Evidence of agent provocateur may be 54. Take a sample of 55. PART VIII GENERAL investigation power 56. Exemption from 57. The contract is not affected by violations 58. Market research experiment 59. General 60 penalty. Jurisdiction to try offences 61. Power of delegation of 62. An initial prosecution 63. Compounding the trade description offence Section 7 64. The principal is responsible for the acts of servants or agents 65. Offences by body corporate 66. Reward for information 67. Public authorities Protection Act 1948 68. Protection officers and others 69. Power of Minister to make regulations 70. The abolishment of 71. Savings and transitional table 9 laws of MALAYSIA Act TRADE DESCRIPTIONS ACT 730 2011 an act for the purpose of promoting good trade practices to prohibit false trade descriptions and statements, handling practices and false or misleading with respect to the supply of goods and services and to provide for matters connected or incidental thereto.

[1 November 2011, P.U. (B) 540/2011]


Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the trade descriptions Act 2011.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. In this Act, unless the context otherwise requires — 10 laws of Malaysia ACT 730 "goods" includes ships, aircraft, vehicles, animals, plants and crops and all types of movable property;

"electronic" means technology that uses electricity, optical, magnetic, electromagnetic, biometrics, Photonics or such other technology;

"advertisement" means every form of advertising (whether or not accompanied by or associated with the words spoken or written or by writing or other sounds and whether or not contained or published in issue) by way of displaying the same or through catalogs, price lists, circulars, labels, cards or documents or other materials or by showing a movie or a picture or photograph, or by radio or television , or by any other means including through electronic means;

"ship" includes any boat and any other description of vessel used in navigation;

"precious metal" means silver, gold or platinum in the form of pure or alloy of gold, silver or platinum;

"supply" means — (a) in relation to goods, supply, including the supply, by sale, Exchange, lease, hire or hire purchase the goods; and


(b) in relation to services, means of procurement in the sale, provision or supply of the service, by any means including through electronic means;

"Minister" means the Minister charged with the responsibility for trade and consumerism;

"Registrar" means the Registrar of trade descriptions Order appointed under section 4;
Trade description 11 "controller" means the controller of trade descriptions appointed under section 3;

"The Assistant Controller" means the Assistant Controller of trade descriptions appointed under section 3;

"services" means any service description, whether industrial, trade, professional or otherwise, but does not include any made under service contract;

"premises" means any place, moving or otherwise incorporated or established by any person, whether the place exists or there are blockades, and includes vehicles, aircraft, ships and any other vessels;

"standards of purity", in respect of goods made from precious metals, means the number of parts by weight of gold, silver or platinum pure in one thousand parts by weight of precious metal;

"publish", in relation to an advertisement, means showing ads to the public or any member of the public through any means, including through electronic means;

"The Deputy Controller" means the Deputy Controller of trade descriptions appointed under section 3.


Appointment of Controller, Deputy Controller, Assistant Controller, etc.

3. (1) the Minister may appoint, from amongst public officers, one Controller, any number of Deputy Controller, Assistant Controller and other officers as may be necessary for the purposes of this Act.

(2) the controller shall perform the duties imposed and exercise of the powers conferred upon him subject to the direction and control of the General Minister.
12 laws of Malaysia ACT 730 (3) Deputy Controller, Assistant Controller and other officers appointed under subsection (1) shall be under the direction and control of the guard.

(4) Deputy Controller can perform all the duties imposed and exercise all the powers delegated to the Controller.

(5) the controller or the Deputy Controller can perform all the duties imposed and exercising all the powers granted to the Assistant Controller.

(6) an officer appointed under this section when acting on any person under this Act shall, upon request, to declare his Office and submit to the person against whom he is acting that any card as instructed by the Controller so that carried by the officer.

(7) an officer appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Appointment of Registrar of trade descriptions Order 4. (1) for the purposes of this Act, there shall be a Registrar of trade descriptions Order.

(2) the Minister shall appoint, from amongst the public officer, a Registrar of trade description order will result in a register public trade description order held and maintained.





The trade descriptions 13 PART II the PROHIBITION of FALSE TRADE DESCRIPTION prohibition of false trade descriptions 5. (1) any person who — (a) using a false trade description to any goods;

(b) supplies or offers to supply any goods to which a false trade description is applied; or (c) disclose to the supply or have in his possession, custody or control for the supply of any goods to which a false trade description is used, commits an offence and shall, on conviction — (A) if that person is a body corporate, to a fine not exceeding two hundred and fifty thousand dollars, and for a second or subsequent, liable to a fine not exceeding five hundred thousand dollars; or (B) if that person not being a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or both, and for a second or subsequent, liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.

(2) the terms used in this section and elsewhere it is contained in this Act shall be construed in accordance with section 6 to 11.


14 laws of Malaysia ACT trade descriptions 6.730 (1) without prejudice to section 8, a trade description is an indication, either directly or indirectly, and given by any means, of any of the following matters with respect to any goods or parts of goods: (a) the type or name;
(b) the quantity, length, width, height, wide range, volume, capacity, weight, size or size;

(c) the method of manufacture, production, processing or treatment of conditions;

(d) the content;
(e) eligibility for the purpose, strength, performance, graceful or accuracy;

(f) standard fineness of goods made of precious metals;

(g) any physical features or technologies that are not included in the previous paragraph;

(h) date of goods;
(i) testing by any people and natural resources;
(j) quality other than those set out in the previous paragraph;

(k) approval by any person or conformity with the type that has been approved by any person;

(l) the place or date of manufacture, production, processing or treatment of conditions;

Trade description 15 (m) a person who makes, produces, processes or remedy the situation of goods;

(n) other history, including previous ownership or use.

(2) the matters specified in subsection (1) shall be calculated — (a) in relation to any animal, as including gender, breed or hybrid, fertility and perfection;

(b) in respect of any mani, as including the introduction and features animals from whom mani has been taken and the measure of liquidity.

(3) if the use of any description prohibited under the provisions of law specified in the schedule except when used for goods which comply with the requirements of the law, there are no circumstances used according to legal requirements

It will be a false trade description.

(4) the Minister may amend the Schedule referred to in subsection (3) by order published in the Gazette.

(5) for the purposes of this Act, a trade description or statements published in any newspapers, books or periodicals or in any movie or sound broadcast or television or any other medium, including through electronic means, shall not be deemed to be a trade description or statement unless it is or becomes part of an advertisement.


False trade description 7. (1) a false trade description is a trade description which is false to a material degree point.

16 laws of Malaysia ACT 730 (2) a trade description, though not false, is misleading, that which may be considered as an indication for any of the matters specified in section 6 which is false to a material degree point, shall be deemed to be a false trade description.

(3) anything, even not being a trade description which are probably considered as an indication for any of the matters specified in section 6 which is false to a material degree point, shall be deemed to be a false trade description.

(4) a false indication, or anything that might be considered as an indication that was false, that any goods comply with standard specified or recognized by any person or disiratkan with the approval of any person deemed to be a false trade description, if there is no such person or no standard is specified, recognized or understood the same.


The prohibition of false trade descriptions in relation to trade marks 8. (1) Notwithstanding sections 5 and 6, a trade description includes an indication, either directly or indirectly, and provided through any other means, with respect to any goods or parts of goods relating to any rights in respect of trade marks registered under the trade marks Act 1976 [Act 175].

(2) any person who — (a) using a false trade description to any goods as if the goods subject to any right relating to registered trade marks;

(b) supplies or offers to supply any goods to which a false trade description trade description 17 used as if the goods subject to any right relating to registered trade marks; or (c) disclose to the supply or have in his possession, custody or control for the supply of any goods to which a false trade description is used, commits an offence and shall, on conviction — (A) if that person is a body corporate, to a fine not exceeding fifteen thousand dollars for each item placed false trade descriptions, and for a second or subsequent , a fine not exceeding thirty thousand dollars for each item placed false trade descriptions; or (B) if that person not being a body corporate, to a fine not exceeding ten thousand dollars for each item placed false trade descriptions or to imprisonment for a term not exceeding three years or both, and for a second or subsequent, to a fine not exceeding twenty thousand dollars for each item placed false trade descriptions or to imprisonment for a term not exceeding five years or both.

(3) any person who uses, supplies or offers to supply, exposing for supply or have in his possession, custody or control for the supply of any goods placed a stamp similar to registered trademark without the consent of the registered owner of the trade mark are deemed to be using, supplying or offering to supply goods placed a false trade description unless the contrary is proved.



18 laws of Malaysia ACT 730 trade description order 9. (1) if any person who is the registered owner of a trade mark registered under the trade marks Act 1976, claiming that its rights in respect of such trade marks are infringed in the course of trade, by any other marks or how the style used by any other person, which is not similar to the registered trademark but can be berkelirupaan as the registered trademark, the registered owner can apply to the High Court to declare that the stamp violated is false trade description for the purpose of section 8. (2) for the purposes of subsection (1), a person referred to in subsection (1) in making the application shall identify the specific trademark or other mark or how a style violation, and the High Court may, on the application of that person, make an order declaring that a trademark or other mark or how the violation of style for the purposes of this Act, is a false trade descriptions in its use for the goods as specified in the order.

(3) an order of the High Court made under this section may be referred to as a trade descriptions order.

(4) a trade description order still in effect made by any High Court in Malaysia is admissible as evidence in any proceedings under section 8 in which it is related as conclusive evidence of a false trade description.

(5) a trade description order shall be due at the end of a period of one year from the date it is made, unless it is renewed by the High Court upon such terms and for such further period as may be decided by the High Court on the application of the person referred to in subsection (1) or successors in respect.

Trade description 19 (6) any person who acquires a trade descriptions order under this section shall be mendaftarkannya with the Registrar.


Use the trade descriptions of goods 10. (1) a person using a trade description of the goods if he or any person authorised by him — (a) affixing or attach it on or with any way mengecapkannya above or realign with — (i) the items itself; or

(ii) any thing in it, on it or with it the goods supplied;

(b) placing the goods in, on or with any article that has a trade description or attached thereto ditampalkan stamped on it, or consolidated with, or put any of the thing with the goods; or (c) use the trade descriptions in any way that may be regarded as referring to the goods.

(2) for the purposes of this Act, an oral statement to the use of a can is about addressing the trade description.

(3) where goods are supplied in accordance with a request in which a trade description is used and their condition is such a way that make to make the inference that the goods supplied as goods which corresponds to the description, the person who supplies the goods are deemed to have used the trade description of the goods.
20 laws of Malaysia ACT 730 trade description used in advertising for classes of goods 11. (1) this section shall become effective if in an advertisement for a trade description used in respect of any class of goods.

(2) the trade description shall be treated as a reference to all the classes of goods, whether or not the goods at the time the ads aired — (a) for the purpose of determining whether an offence has been committed under paragraph 5 (1) (a); and (b) if the goods of the class supplied or offered to be supplied by a person who publish or display advertising that, for the purpose of determining whether an offence has been committed under paragraph 5 (1) (b).

(3) in determining whether any goods consist of a class for which a trade description used in an ad is relevant, attention shall be given — (a) the form and content of the advertisement;
(b) the time, place, manner and frequency of publication of the advertisement; and (c) to all other matters, which causes may or may not be a person to whom the goods supplied are thinking that the goods belong to the class related to it the trade description used in the ad.

(4) for the purposes of this section, "class of goods" means the class of goods specified under the trade marks Act 1976.

Trade description 20 of possession for the supply of 12. A person who has in his possession three or more same items of similar description and use the same as the trade description referred to in section 6 and 8 are deemed to have in his possession for the supply of goods.


PART III STATEMENT APART FROM the MISTAKEN interpretation of FALSE TRADE DESCRIPTION 13. For the purposes of this section, "false" or "misleading" means any conduct, representations, statements or practices capable of bringing any person into error.


False or misleading indication as to the price of goods 14. (1) a person who offers to supply any goods shall not make any false or misleading indication, by any means, either directly or indirectly — (a) that the price of goods on offer that is equal to or lower than the price recommended;

(b) that the goods are offered at prices lower than the prices actually offered;
or (c) that the goods are offered at prices lower than the price offered by any other person.

22 laws of Malaysia ACT 730 (2) if any person charged with an offence under this section, the burden to prove that — (a) the price of goods offered by it is lower than the price offered by any other person; or (b) the existence and terms of any recommended price upon which he relied or that the requirements of subsection (3) have been complied with, shall be on the person charged with that.

(3) for the purposes of this section — (a) an indication about a recommended price — (i) shall be calculated, unless otherwise stated, as an indication that it is a price recommended by the manufacturer or the producer; and (ii) shall be calculated, unless otherwise stated, as an indication that it is a recommended price in General for the supply in retail sales in the items offered;

(b) anything which may be considered as an indication of a recommended price shall be considered as an indicator of such; and (c) any person who advertise goods as there is for the supply shall be considered an offer to supply it.





The trade descriptions deemed tax included Price 23 15. If in any advertising the price of any goods or services referred to, the price shall, unless it appears otherwise, be deemed to include all taxes and eligible Government duties and any other charges.


False representation or approval of the supply of goods or services 16. (1) No person shall make any false representations by any means, either directly or indirectly, that any goods or services supplied by him or any method used by it is goods or services supplied to or approved by any person including any Government or Government Department or agency or any other body or international agencies either in Malaysia or overseas.

(2) subsection (1) shall have effect without prejudice to the provisions of any written law which prohibit or restrict the use of any name, emblem, insignia, seal, flag, banner, banner, emblem, sign the title, words or letters or any other form of description in the course of trade, business, occupation or profession.


False or misleading statements about a service, etc.

17. (1) No person shall — (a) makes a statement which he knows is false;

(b) without making a false statement to the prudential; or (c) make any statement that might be deceiving or misleading any person,

24 laws of Malaysia ACT 730 of any of the following matters: (A) procurement of any services, accommodation or facilities;

(B) the nature of any services, accommodation or facilities;
(C) the time when, how or by whom any services, accommodation or facilities that held such;

(D) the examination, approval or evaluation by any person for any services, accommodation or facilities that held such;

(E) location or facilities for any stay held such; or (F) rates or charges for any services, accommodation or facilities that held the same.

(2) for the purposes of this section — (a) a statement, whether or not with reference to any of the matters specified in subsection (1), which may be considered as a statement about any matter that may be fraudulent, is deemed to be a false statement about the matter; and (b) a statement which made no matter whether it is true or false is deemed to have been made without prudent, whether or not the person who made it has reason to believe that it may be false.

(3) in relation to any services containing or including the imposition of any treatment or process or conduct any repair, the matters specified in the trade description 25 subsection (1) shall be calculated as including treatment effects, processes or repair it.


False or misleading statement in an ad 18. (1) No person shall make any false or misleading statement in any advertising in connection with such goods or services.

(2) if any person charged with an offence under this section, the burden to prove that the statement made by him are true or not misleading shall be on the person charged with that.


Assumption of liability on advertisers, etc.

19. the following persons shall, unless the contrary is proved, be deemed to have made a false or deceptive statement in any advertisement: (a) those who directly or indirectly offers to supply goods or services;

(b) the person on his behalf the advertisement is made.

False or misleading statements in connection with the contest, games, etc.

20. No person shall make any false or misleading statement — (a) that the goods or services offered by him are able to facilitate winning in any contest or game try luck; or 26 laws of Malaysia ACT 730 (b) that any person has already won, will win, or will be, if certain acts do, win a prize or other equivalent benefit, when in fact — (i) no prize or other equivalent benefit;
(ii) the prize or other equivalent benefit, it is not held as offered; or (iii) take any action in relation to claiming the prize or the equivalent benefit is subject to that person to pay money, incur costs or any unreasonable conditions.


Violation of part III be an offence 21. Any person who contravenes any of the provisions of this section commits an offence and shall, on conviction — (a) if that person is a body corporate, to a fine not exceeding five hundred thousand dollars, and for a second or subsequent, liable to a fine not exceeding one million dollars; or (b) if that person not being a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or both, and for a second or subsequent, liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.





27 PART IV trade description offence DEFENSE due to wrong others 22. (1) if the Commission of an offence by any person (referred to in this section as "the person who first mentioned") due to the Act or default of some other person, that other person who commits the Act or default of that, is, upon conviction, be guilty of the offence.

(2) for the purposes of subsection (1), any person may be charged with and convicted of the offence, whether or not proceedings are taken against the first-mentioned.


Protection of the personal or domestic 23. (1) in any proceedings for an offence, be a defence for the person charged to prove that the Commission of the offence was for the purpose of personal use or domestic.

(2) If a body corporate with an offence under this Act, the body corporate shall not be entitled to rely on the Defense referred to in this section.


Accidental mistakes, defense, etc.

24. (1) subject to subsection (2), in any proceedings for an offence, be a defence for the person charged to prove that the Commission of the offence was due to — (a) by any error on his part;
(b) by the dependence on information provided to him;
28 laws of Malaysia ACT 730 (c) by the Act or default of another person; or (d) by any accidental or any other causes beyond his control, and that he took all reasonable precautions and exercise all due diligence to avoid the Commission of the offence by him or any person under his control.

(2) if in any case a defence involving allegations that the Commission of the offence was due to an error on his part or dependence on information provided to him or the Act or default of another person, the person charged is not entitled, without leave of the Court, to rely on the defence unless, within the period of fourteen days from the he is charged in court, he presented to the Prosecutor a notice in writing giving such information at that time has in his possession a censure or help to recognise other people that.

(3) in any proceedings for an offence of supplying

or offer to supply goods to which a false trade description is used, be a defence for the person charged to prove that he did not know, and is not possible with reasonable efforts, to determine that the goods do not comply with the description or the description that has been used for the goods.

(4) If a body corporate with an offence under this Act, the body corporate shall not be entitled to rely on the Defense referred to in this section.


Publication of advertisement without the intention of one of 25. In any proceedings for an offence committed by reason of the publication of an advertisement, be a defence for the person charged to prove — trade descriptions 29 (a) that he is a person himself is to publish or arrange for the publication of advertisements;

(b) that he received the advertisement for publication in the ordinary course of business; and (c) that he did not know and had no reason to suspect that its will is about addressing to an offence under this Act.


Part V PROHIBITED the IMPORTATION OF CERTAIN goods, etc.

Prohibition of importation of goods bearing a false indication of the original 26. The Minister may make an order prohibiting importation of goods into Malaysia if a false trade description is applied to any of the items outside Malaysia and the false indication, or one of the indicators, which was granted, or may be calculated has been granted, is an indication of the place made, manufactured, processed or restored the goods or any part of the goods.


Menyubahati offence committed abroad 27. (1) subject to subsection (2), any person who, in the country, assist or induce the Commission of an act in any other country in respect of goods if the Act is done in Malaysia would be an offence under section 5, commits an offence, if — (a) false trade descriptions in question is an indication (or anything that might be considered as an indicator) that the goods or any 30 laws of Malaysia ACT 730 or parts thereof have been made , produced, processed or restored in Malaysia; or (b) false trade descriptions in respect of — (i) consists of or contains an expression (or anything that might be considered as a phrase) to which the meaning is provided by an order made under paragraph 28 (1) (b); and (ii) if such meaning is given only in the circumstances set out in the order, the trade description used in such circumstances.

(2) a person is not guilty of an offence under subsection (1) If, by an order made under section 56, the Minister has fixed the disapplication of section 5 for the items intended to be delivered to a place outside Malaysia.

(3) any person who, in the country, assist or induce the Commission of an act in any other country, in respect of the goods if the Act is done in Malaysia would be an offence under section 26, commits an offence.

PART VI the AUTHORITY to DEFINE the TERM, REQUIRE the INFORMATION given, etc.

Order of definition of 28. (1) where it appears at Minister of — (a) that it is in the interest of the person to whom any goods supplied or any service be held; the trade description or 31 (b) that it is in the interest of the person by whom any goods exported and not contrary to the interests of the person to whom the goods are supplied in Malaysia, that any expressions used in connection with goods or services that should be understood as having a certain sense, the Minister may by order, give any meaning either — (A) the phrases that when used in the course of trade or business as a , or as part of, a trade description is used for goods or services thereof; or (B) to the expression when used as such in any of the circumstances specified in the order, and if such a meaning is given to an expression of it shall be deemed for the purposes of this act as having the meaning that when used as is mentioned in paragraph (A) or, as the case may be, paragraph (B).

(2) Be an offence for any person who uses the expressions have been defined in the order specified in subsection (1) as the trade descriptions of goods or services, with the purpose to deceive or confuse people who want to buy or obtain goods or services that, as if the goods or services that are supplied in accordance with the definition given to that phrase.

(3) any person who commits an offence under this section may, on conviction — (a) if that person is a body corporate, to a fine not exceeding five million dollars, and for a second or subsequent, liable to a fine not exceeding ten million dollars; or 32 laws of Malaysia ACT 730 (b) if that person not being a body corporate, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years or both of each, and for the second or subsequent, liable to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or both.


Informational and certification order cap 29. (1) where it appears at Minister is necessary or expedient in the interest of the person to whom any goods or any service in relation to the goods supplied, that items that are supposed to — (a) certified by the competent authorities;
(b) marked with the sign determined by the Minister; or (c) is accompanied by any information (whether or not is about addressing to or including a trade description) or the instructions relating to the goods, the Minister may, by order, impose requirements to guarantee that the certified goods, marked or accompanied such and regulate or prohibit the supply of

goods and requirements that can cover the nature and means of information or instruction is given.

(2) where an order under this section is in force in respect of goods of any description, any person who, in the course of trade or business — (a) to recommend;
(b) marking;
(c) supply; the trade description or 33 (d) offers to supply, goods of that description in contravention of that order commits an offence and shall, on conviction — (a) if that person is a body corporate, a fine not exceeding two hundred thousand dollars, and for a second or subsequent, liable to a fine not exceeding five hundred thousand dollars; or (b) if that person not being a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or both, and for a second or subsequent, liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.

(3) for the purposes of this section, "competent authority" means the competent authority named by the Minister after obtaining the agreement of the competent authorities.

PART VII INVESTIGATIONS and ENFORCEMENT Chapter 1 investigation and complaint Investigation by the Assistant Controller of 30. If the Assistant Controller has reasonable grounds to suspect that any offence is or will be made under this Act, then Assistant Controller may conduct any investigations it may deem expedient for the proper administration of this Act.


34 the laws of Malaysia ACT 730 Complaints to the Assistant Controller of 31. (1) the Assistant Controllers shall, on get complaints from somebody, investigating any person who has or is guilty of any offence under this Act.

(2) the complaint shall state the person against whom the complaint is made or premises places the alleged offence committed and details about alleged offences under this Act.

Chapter 2 Powers gather information Power Assistant Controller to require provision of information 32. (1) this section applies if the Assistant Controller in carrying out an investigation under this part has reason to believe that any person — (a) have any information or any document relating to the implementation of the powers and functions of the Assistant Controller under this Act; or (b) is able to provide any evidence that the Assistant Controller has reason to believe is related to the implementation of the powers and functions of the Assistant Controller under this Act.

(2) Notwithstanding the provisions of any other written law, Assistant Controller, by written notice, may order any person — (a) to provide the Assistant Controller, within the period and in the manner and form specified in the notice, any information or documents referred to in subsection (1);
Trade description 35 (b) to submit to the Assistant Controller, within the period and in the manner specified in the notice, any information or documents referred to in subsection (1), whether in physical form or electronic media;

(c) to make a copy of, or extract from, any document referred to in subsection (1) and to submit a copy or extract of the document, as the case may be, to the Assistant Controller in the period and in the manner specified in the notice;

(d) if the person is an individual, so that appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and to produce any document referred to in subsection (1), whether in physical form or electronic media;

(e) if the person is a body corporate or public body, so as to cause the relevant officer and qualified for the organization or body is to appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and to produce any document referred to in subsection (1), whether in physical form or electronic media;

(f) if the person is a partnership, so that the cause of the individual who is a partner in the partnership or employee of the partnership to appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and to produce any document referred to in subsection (1), whether in physical form or electronic media; or 36 laws of Malaysia ACT 730 (g) to make a statement to the Assistant Controller by giving an explanation of any information or documents referred to in subsection (1) within the period and in the manner and form specified in the notice.

(3) where the Assistant Controller directs any person to produce any documents under subsection (2) and that person does not have custody over the document, that person shall — (a) stated, knowledge and his beliefs, where the document can be found; and (b) identify, all his knowledge and his beliefs, people on having custody over the document and stated, knowledge and his beliefs, where the last person mentioned can be found.

(4) any person directed to provide information under subsection (2) or (3) shall ensure that the information provided is true, accurate and complete and that person shall give real representation to that effect, including a declaration that he was not aware of any other information that will make the information provided is incorrect or misleading.

(5) any person who refuses or fails to comply with the instructions made by the Assistant to the Controller under this section commits an offence.


Assistant Controller can retain document 33. (1) Assistant Controller can take and retain for such period as he may deem necessary, the possession of any document obtained under this section.


The trade descriptions 37 (2) which gives the document has the right to be supplied, with as soon as practicable, a copy of the certified valid by the Assistant Controller as a true copy of the document.

(3) Notwithstanding the provisions of any other written law, valid for certified copy of the document is admissible in evidence as if the copy is original.

(4) where the Assistant Controller is satisfied that the document is no longer need to be held save, Assistant Controller can return the document to the person who gives it, as soon as that can be implemented.


Access to a record 34. (1) any person shall, if at any time may be directed by the Assistant Controller, allowing the Assistant Controller access to books, records, accounts, documents, computerized data, goods or thing for the purpose of carrying out any of the functions or powers of the Assistant Controller under this Act.

(2) any person who fails to comply with directions under subsection (1) commits an offence.


Confidentiality 35. (1) any person who disclose or use any confidential information or documents in respect of a particular enterprise or an individual's Affairs obtained by virtue of any provision of this Act commits an offence.

(2) no nothing in subsection (1) may be effective for preventing disclosure of information if — 38 laws of Malaysia ACT 730 (a) the disclosure is made with the consent of the person from whom the information or document is obtained;
(b) the disclosure is made in the circumstances of the information given is designed in a way that such a way that the information source is uncertain;
(c) the information already in the public domain;
(d) the disclosure is made to facilitate the implementation of the functions or powers of the controller, Deputy Controller or of the Assistant Controller;
(e) the disclosure is made on a reasonable basis during any proceedings under this Act provided that the disclosure is not made contrary to any direction Controller, Deputy Controller or Assistant controllers before it the proceedings '; or (f) the disclosure is made in connection with the investigation of an offence under this Act.

(3) for the purposes of this section, "confidential information" means information-trading industrial, business or owned by any person, which has economic value and generally not available to or known to others.


Protected communications 36. (1) No person shall be required, under any provision of this part, to provide or disclose any communications between a professional legal adviser with its protected from disclosure in accordance with section 126 of the Act Evidence 1950 [Act].
(2) where — (a) the controller makes a requirement under section 33 of a barrister and solicitor in respect of any information or documents; Trade descriptions and 39 (b) the information or document contains protected communication made by or on behalf of or to the barrister and solicitor is on its properties as a barrister and solicitor, barrister and solicitor is entitled to refuse to comply with it unless the person to whom or by him or on his behalf the communication is made or , if that person is a body corporate under the receipt or are being wound up, the receiver or liquidator, as the case may be, agree that advocates and solicitors that comply with that, but if a barrister and solicitor refuses to comply with such requirements, a barrister and a solicitor shall immediately give the controller in writing the name and address of the person to whom or by him or on his behalf the communication is made.


Provide information, evidence or false or misleading documents 37. Someone who does not disclose or leave to provide any information, evidence or documents, or provide any information, evidence or document that he knows or he has reason to believe is false or misleading, in the course of the investigation by the Assistant Controller, commits an offence.


Concealment, destruction, and alteration the whole record of 38. A person who — (a) destroys, defaces or conceals, alters; or 40 laws of Malaysia ACT 730 (b) sending or attempting to send or plotting with any others to move from its premises or outside Malaysia, any books, records, accounts, documents, computerized data, items or objects stored or maintained with the intent to memfraud Assistant Controller or to prevent, delay or menggalang conduct of an investigation or the exercise of any power of the Assistant Controller under this Act commits an offence.

Chapter 3 powers of arrest, search and seizure Power catch 39. (1) any Assistant Controller may arrest without warrant any person who he reasonably have committed or attempted to commit an offence under section 8.

(2) any Assistant Controller who made the arrest under subsection (1) shall without unnecessary delay hand over the person arrested to the nearest police officer or, if no police officer, leading the person to the nearest police station, and then that person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.


Power to enter premises and inspect and seize goods and documents 40. (1) any Assistant Controller may, at any reasonable time, exercise the following powers: 41 trade descriptions (a) he may, for the purpose of determining whether any offence under this Act has been committed, inspect any goods and enter any premises other than the premises used as a residence only;

(b) if he has reasonable cause to suspect that an offence under this Act has been committed, he may seize and detain any article for the purpose of determining, by means of tests or by

other way, whether it was committed;

(c) he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act;

(d) he shall, for the purposes of the exercise of its powers under this subsection to seize goods, but only if and to the extent reasonably necessary to ensure that the provisions of this Act and the provisions of any order made under this Act followed accordingly, require any person having authority to do so so that break open any container or open any machine sales and , if that person does not comply with the requirement, he himself can do that.

(2) an Assistant Controller seize any article or document in exercise of its powers under this section shall inform the person from whom the goods were seized and, in the case of goods seized from the sale, the name and address indicated on the machine as the punyanya or, if no such name and address specified, the residents of the premises of the machine or place are the residents of the premises upon which the attached to the machine.

(3) if the goods or documents seized by the Assistant Controller in exercise of its powers under this section is due to the type, size or the lesser amount is not practical for the 42 laws of Malaysia ACT 730 transferred from goods or document is found, he or she can in any way prevent the goods or document in premises or container in which the goods or document found and become an offence for any person without a valid power to break , interfere with or damage the lak or to transfer goods or document or to try to do so.


Power to enter premises with a search warrant 41. (1) if it appears on a person's Magistrate, based on information given in writing and after such inquiry as he thinks necessary, that there are reasonable grounds to believe that any person has committed or is committing an offence under this Act, until any evidence or anything necessary in the implementation of an investigation for any offence may be found in any premises , A magistrate may issue a warrant empowering any Assistant Controller named therein to enter the premises at any time, with or without help, and if necessary using force to search and seize any evidence or the thing.

(2) an Assistant Controller who enters any premises pursuant to this section may bring with him any other person and any equipment provided to it necessary; and when leaving any premises that has been dimasukinya by virtue of a warrant under subsection before he shall, if the premises not occupied or its inhabitants no temporarily, leaving the premises in the condition they are completely secure from intruders as the premises found by him.

(3) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure of any books, records, accounts, documents, computer data, items or objects that contain or with its reasonable believed to contain information about any offence that trade description 43 suspected to have been committed or otherwise needs to perform an investigation for any offence.

(4) the Assistant Controller running a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.

(5) the Assistant Controller who made inspection on a person under subsection (4) may seize, or take ownership of, and keep in safe custody of all things other than clothes to be found on that person, and any other things, in respect of which there is reason to believe that the thing is equipment or evidence of the offence, and the thing may be detained until the Court issued the order of disposal of it.

(6) If, by reason of the type, size or its recoverable amount, it is not practical to transfer any books, records, accounts, documents, computerized data, goods or things seized under this section, the Assistant Controller seize shall in any way prevent the premises or container in which the found books, records, accounts, documents, computerized data, goods or the thing.

(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any books, records, accounts, documents, computerized data, goods or thing dilak or attempting to do so commits an offence.


The power to enter and search and seize without warrant 42. If the Assistant Controller is satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 41 investigation will be affected or evidence of Commission of the breach or offence may be interrupted, removed, defaced or destroyed, the Assistant Controller can enter premises and conduct in, at 44 the laws of Malaysia ACT 730 and in respect of premises that all the powers referred to in section 41 in a way that fully and adequately instead-olah He is authorized to do so by a warrant issued under that section.


Access to information berekod or computerised data, etc.

43. (1) any Assistant Controller of the exercise of its powers under section 41 or 42 must be given access to any information berekod or computerised data or berdigital, whether stored in a computer or otherwise.

(2) in the exercise of its powers, Assistant Controller — (a) may inspect and examine the operation of any computer and any associated apparatus or material which he has reason to suspect is being or has been used in relation to the information or data; and (b) may require — (i) the person, by him or on his behalf, the officer has reason to suspect, that computer is being or has been used in such a way; or (ii) the person in charge, or who otherwise are involved in the operations of the computer, apparatus or substance that,


to give him any assistance reasonably required by him for the purposes of this section.

(3) the Assistant Controller can make copies or take extracts of information berekod, computerized data or the berdigital if it thinks necessary.

Trade description 45 (4) for the purposes of this section, "access" includes the given password necessary, code encryption, encrypting code, software or hardware necessary or any other means required to enable an understanding of computerized data and information berekod or berdigital it.


Whistleblowing 44. (1) any person who — (a) knows or has reason to suspect that an Assistant Controller is acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller under this Act and disclose to any person information or any other matters that may affect any investigation that might be conducted following the disclosure, commits an offence.

(2) no nothing in subsection (1) makes it an offence if a person is a barrister and solicitor or the employees to disclose any information or other matter — (a) to its customers or its representatives in connection with the provision of advice to the customers in the course of and for the purposes of professional services advocates and lawyers that way; or 46 laws of Malaysia ACT 730 (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.

(3) subsection (2) does not apply in respect of any information or other matter the consolidation with a view to implementing any purpose which is unlawful.

(4) in proceedings against a person for an offence under this section, be a defence if the person proves that — (a) he did not know or suspect that a disclosure made under paragraph (1) (b) is likely to affect the investigations; or (b) he has a legal authority or reasonable grounds for making the disclosure.

(5) an Assistant Controller or any other person is not guilty of an offence under this section in respect of any matters that have been made by him in the course of action related to enforcement, or proposed, for the enforcement of this Act.


A warrant is admissible even if flawed 45. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant and any books, records, accounts, documents, computerized data, goods or things seized under the warrant is admissible as evidence in any proceedings under this Act.





47 trade description the list of things seized 46. (1) except as provided in subsection (2), where any books, records, accounts, documents, computerized data, goods or things seized under this part, the Assistant Controller who commits seizure shall as soon as practicable provide a list of the things seized and promptly deliver a copy of that list signed by him to the occupier of the premises searched, or ask your agent or pekhidmatnya , the on-premises.

(2) if the premises were unoccupied, Assistant Controller who commits seizure shall whenever possible post up the list of things seized it in conspicuous place in the premises.


Forfeiture of goods 47. (1) all goods seized in exercise of any power conferred under this Act shall be dilucuthakkan.

(2) an order for melucuthakkan or release any goods seized in exercise of any power conferred under this Act shall be made by the Court before which the prosecution in respect of performed and an order for melucuthakkan of goods shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the goods it is matter or has been used in committing the offense , although no one has been convicted of the offence.

(3) If no prosecution in respect of any goods seized in exercise of any power conferred under this Act, the goods shall be calculated and be deemed to have dilucuthakkan upon the expiry of one calendar month from the date of confiscation unless a claim thereon made prior to that date in the manner set out hereinafter.

48 laws of Malaysia ACT 730 (4) any person who asserts that he is the owner of the goods and that the goods could not be dilucuthakkan may in itself or by his agent authorized in writing give notice in writing to the Assistant Controller that he claim the goods.

(5) on receipt of the notice the Assistant Controller shall refer the claim to the Controller may direct that the items be released or dilucuthakkan or may direct the Assistant Controller that refer the matter to the Court for decision.

(6) the Court to which the matter is referred to shall issue a summons requiring the person who pointed out that he is the owner of the goods and the person from whom the goods have been seized so as to appear before him and when he is present or not present, having proved that the summons has been duly served, the Court shall proceed with the examination of the matter and when it is proved that an offence under this Act has been committed and that the goods it is matter of the offence or having been used in the committed such offence shall order that the goods or dilucuthakkan may, if not proved so, order that the goods be released.

(7) all things dilucuthakkan or be deemed to be

dilucuthakkan shall be submitted to the Assistant Controller and shall be disposed of in accordance with the directions of the Controller.

(8) If any goods seized in exercise of the powers conferred by this Act is of type easily destroyed or if custody of the goods involving expenses and unreasonable hardship, the goods can be sold at any time and the proceeds of sale shall be held to be bound by the results of any prosecution or a claim under this section.




The trade descriptions 49 release of things seized 48. (1) where any books, records, accounts, documents, computerized data, item or thing seized under this Act, the Assistant Controller who commits seizure that may release books, records, accounts, documents, computerized data, goods or the thing to the person specified by him as legally entitled to it, if he is satisfied that the books, records, accounts, documents, computerized data, goods or anything that's not otherwise required for the purposes of any proceedings under this Act , or for the purpose of any prosecution under any other written law, and if such Assistant Controller do the seizure, Federal Government, Controller or any person acting on behalf of the Federal Government or the controller is not liable to any proceedings by any person if the seizure and release of books, records, accounts, documents, computerized data, items or things that have been made in good faith.

(2) a written record shall be made by the Assistant Controller who did release it for any thing under subsection (1) specifying in detail the circumstances of and reasons for the release.


Seizure of goods easily destroyed 49. If any article seized in exercise of the powers conferred by this Act is the goods that are easily destroyed its properties or if custody of the goods involving expenses and unreasonable hardship, goods that can be sold by the Assistant Controller at any time and the proceeds of sale shall be held to be bound by the results of any prosecution or a claim under this section.





50 laws of Malaysia ACT 730 no costs or damages arising from seizure can be retrieved back 50. No person shall, in any proceedings before any court in respect of any books, records, accounts, documents, computerized data, goods or things seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


Obstacles 51. Any person who — (a) refuses to give any Assistant Controller access to any premises which the Assistant Controller is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;

(b) mengamang, menggalang, prevent or delay any of the Assistant Controller in making any entry Assistant Controller is entitled make it under this Act or in the discharge of any duty imposed or power conferred by this Act; or (c) refuse to provide any of the Assistant Controller any information relating to an offence or suspected offence under this Act or any other information that is reasonably required in order to be given by him and the knowledge or power, commits an offence.



The trade descriptions 51 Power made the purchase for 52 tests. Any Assistant Controllers shall have power to make any purchase of goods turned out to be expedient for the purpose of determining whether or not the provisions of this Act and orders made thereunder are complied with.


Agent provocateur is admissible evidence 53. (1) Notwithstanding any of the pillars of the law or provisions of this Act or any other written law to the contrary, no agent provocateur can be regarded as unreliable just because she tried to an accomplice or was an accomplice in committing an offence by any person under this Act if attempting to aiding and abetting or pensubahatan that is solely for the purpose of obtaining evidence against that person.

(2) Notwithstanding any of the pillars of the law or provisions of this Act or any other written law to the contrary, and despite the agent provocateur was an Assistant Controller, any statement, whether oral or in writing made to the agent provocateur by any person who subsequently charged with an offence under this Act shall be received in evidence in his trial.


Take a sample of 54. (1) where any article that became matter of an offence under this Act is present in two or more packaging or container or, the same shall be deemed, until the contrary is proved that all the packaging or container that contains items of the same type, quantity and quality.

(2) if the packages or containers containing goods in violation of the provisions of this Act or which otherwise may be seized had been seized, it is sufficient to open and examine one percent or not less than five sample, whichever 52 laws of Malaysia ACT 730 is less, of the contents of each package or container seized it.

(3) the Court shall presume that surplus samples contained in the package or container that is the same type with samples checked.


Power of investigation of 55. Any Assistant controllers investigate any offence under this Act may exercise all or any powers in connection with the police investigation in the case can capture provided by criminal procedure code [Act 593].


PART VIII GENERAL Exemption 56. The Minister may, by order published in the Gazette, declare that any provisions of this Act do not apply in respect of any description of goods intended for — (a) delivered to a place outside Malaysia; or (b) any use or a particular purpose as is mentioned in the order.


The contract is not affected by violations


57. A contract for the supply of any goods shall not be void or unenforceable solely by reason of a breach of any provision of this Act.

Petroleum market research Experiment 58 53. (1) in this section "market research experiment" means any activity carried out for the purpose of determining the opinion of the person (referred to in this section as the "participants") on — (a) any article;
(b) any substance which, upon him or with him the goods supplied;

(c) the appearance or any other characteristics of the goods or something the thing; or (d) the name or description of institutions with which the goods are supplied.

(2) this section shall apply to any experimental research market in respect of which the following conditions are met: (a) that any participant to whom any goods supplied in the course of the experiment it was told, on or before the time the goods supplied to it, that the goods supplied for a specific purpose as is mentioned in subsection (1); and (b) that there is no reward in the form of money or monetary value given by a participant for the goods or any goods supplied to it for comparison.

(3) sections 5 and 28 shall not apply in respect of goods supplied or offered to be supplied, either to a participant or any other person, in the course of market research experiment this section applies.



54 laws of Malaysia ACT Penalty 730 am 59. Any person who commits an offence under this Act for which no penalty expressly provided shall, on conviction — (a) if that person is a body corporate, a fine not exceeding twenty-five thousand dollars, and for a second or subsequent, liable to a fine not exceeding fifty thousand dollars; or (b) if that person not being a body corporate, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or both, and for a second or subsequent fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Jurisdiction to try offences 60. Notwithstanding anything to the contrary in any written law, sessions Court shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.


Delegation authority 61. (1) the controller or the Deputy Controller may in writing delegate all or any of the powers, duties or functions under this Act to any Assistant Controller, and may at any time revoke any such delegation.

(2) a delegation under subsection (1) shall not prevent the controller or the Deputy Controller of the exercise at any time the powers, duties or functions delegated it.

Trade description an initial prosecution 62 55. No prosecution for or in connection with any offence under this Act shall be instituted without the consent of the public prosecutor.


Compounding of offences 63. (1) the controller may, with the written consent of the public prosecutor, compound any offence committed by any person under this Act by accepting from the person who committed such offence, a sum of money not exceeding the maximum fine for the offence in any time specified in the compound.

(2) an offer under subsection (1) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer, or in any time extension granted by the controller, a prosecution for the offence shall be instituted at the expiration of the time specified in an offer to the person to whom the offer is made.

(3) on receipt of payment under subsection (1), no prosecution may be taken against that person in respect of that offence.

(4) the controller may be melucuthakkan or return goods seized during the case upon the receipt of payment under subsection (1).

(5) all money received under subsection (1) shall be paid into the Federal Consolidated Fund.




56 laws of Malaysia ACT 730 Principals are responsible for the acts of servants or agents 64. If the servants or agents of a person guilty of an offence or to make any or leave from doing any Act (which if done or omitted by that person will be an offence under this Act), such person shall, even if that person has no knowledge of the offence, be deemed to be guilty of that offence and punishable for the offence unless he proves that — (a) the Act or omission complained of are not within the scope of ordinary employment agency or servants of the agent; or (b) the Act or omission complained of was done or omitted without agreed or is left by him and that he has conducted all due diligence to prevent the manufacture or the omission as supposed wrongdoing with regard to all the circumstances of the case.


Offences by body corporate 65. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or is purporting to act on any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in proceedings of the same together with the body corporate; Trade descriptions and 57 (b) if the body corporate is found to be guilty of that offence, shall be deemed to be guilty of such offence unless, having regard to the type of functions on the properties and all the circumstances, he proves —


(i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable precautions and has conducted all due diligence to avoid the Commission of the offence.

(2) if any person under this Act shall be liable to any penalty or penalties for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person within its employment;
(b) by the agent while acting on behalf of that person; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of agents acting on behalf of that person.


Reward for information 66. In the case of conviction involving a fine, the Court that imposes the fine may, on the application of the prosecution, direct payment of any part of the fine proportion deemed fit by the Court but in any case not exceeding half of the fine, to people who provide information leading to the conviction.

58 laws of Malaysia ACT 730 Public authorities Protection Act 1948 67. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the controller, Deputy Controller, Assistant Controller or any officer appointed under section 3 in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith, on such properties.


Protection officers and 68 other people. No action or prosecution can be brought, instituted or maintained in any court against — (a) the controller, Deputy Controller, Assistant Controller or any other person in respect of any act which ordered or performed for the purpose of implementing this Act; and (b) any other person in respect of any act done or purporting to be done under orders, directives or instructions the controller if an act is done in good faith and reasonable belief that it is necessary for the purposes sought to be achieved with it.


Power of Minister to make regulations 69. (1) the Minister may make any regulations necessary or expedient to implement better the provisions of this Act.

(2) without prejudice to the generality of subsection (1), regulations may be made for all or any purposes of the following trade description: 59 (a) gives the meaning of any expression or indications used in the course of trade or business;

(b) prohibit, restrict or otherwise regulate or control the use of any expression or indications used in the course of trade or business;

(c) prescribing the fees to be charged in respect of the use of any expression or indications used in the course of trade or business;

(d) provide for the maintenance of the register or record that is used in the course of trade or business and establishing particulars shall be recorded in the register or the record;

(e) prescribing the forms to be used for the purpose of regulating any matter prescribed under this Act;

(f) prescribing the standard of fineness of articles made from precious metals and to regulate or control the use of any expression or indications used in the course of trade or business in relation to the purity standards; and (g) prescribing a penalty to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years for breach or non-compliance with any provisions of any regulations made under this Act.


Repeal of the 70. The trade description Act 1972 [Act 87] is repealed.


60 laws of Malaysia ACT 730 71. Savings and transitional Although the trade description Act 1972 repealed under section 70: (a) all people, things and circumstances who are appointed or established by or under the trade description Act 1972 ("the repealed Act") or existing or ongoing under the repealed Act immediately before the coming into operation of this Act shall, under and subject to this Act, continue to have positions effective, and the same effects as are owned respectively as if the repealed Act is not repealed;

(b) in particular and without prejudice to the generality of paragraph (a), the abolition does not affect appointment, orders, rules and regulations issued or made under or by virtue of the repealed Act and in force immediately before the coming into operation of this Act and the appointment of, orders, rules and regulations shall be in force and shall remain in force as-by every appointment, orders, rules and regulations that have been issued or made under or by virtue of this Act until replaced or revoked by any appointments, orders, rules or regulations issued or made under or by virtue of this Act;

(c) there is nothing whatsoever can affect the liability of any person prosecuted or sentenced for offences committed under the repealed Act immediately before the coming into operation of this Act and the prosecution of the offence shall be made in accordance with the Act repealed;

(d) any legal proceedings, criminal prosecution, investigation or disciplinary proceeding pending in the trade description 61 repealed Act shall be continued under this Act is repealed; and (e) any reference to the repealed Act in any written law shall be construed as a reference to this Act and any reference to any specific provisions of the acts repealed in any written law shall be construed as a reference to the provisions of this Act that is virtually equivalent to that particular provision.


SCHEDULE a [Subsection 6 (3)] the sale of Drugs Act 1952 [Act 368]





62 laws of MALAYSIA Act TRADE DESCRIPTIONS ACT 730 2011 LIST AMENDMENT law short title Authorities powers to amend from-No-63 laws of MALAYSIA Act TRADE DESCRIPTIONS ACT 730 2011 LIST SECTION AMENDED Section Power amend with effect from-no-