Standards Of Malaysia Act 1996

Original Language Title: Standards of Malaysia Act 1996

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BM (1-26) laws of MALAYSIA Act REPRINTING 549 MALAYSIAN STANDARD ACT 1996 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT Royal Assent Date 5492............ July 15, 1996, the date of publication in the Gazette......... 25 July 1996 ACT STANDARDS MALAYSIA 1996 REPRINT BEFORE Reprinting the first............ 2002 Malaysian standards 3 laws of MALAYSIA Act 549 MALAYSIAN STANDARD ACT 1996 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation Part II VESTING DATE PROPERTY, Etc., In The SUCCESSOR COMPANY 3. Vesting provisions 4. The Government's initial stake in the successor company 5. Government investment in the publication of further shares of the successor company 6. Staff is 7. The Government of Malaysia shall hold all shares in the successor company 8. The Minister of finance must hold shares PART III the DIRECTOR GENERAL of the DEPARTMENT of STANDARDS 9. Appointment Of Director General 10. Duties and functions of Director General 11. Power to delegate 12. Power of Minister to give directions laws of Malaysia ACT 5494 PART IV the ESTABLISHMENT of COUNCIL STANDARDS and ACCREDITATION section 13. The establishment of standards and Accreditation Council and functions 14. Part V STANDARDS Committee 15. Determination of standard 16. Accreditation and registration 17. Restrictions on the use of the word 18. Offences a range of 19. Offences by body corporate 20. The characteristics of the commodity, etc., can be set by reference to the determination of the standard 21. Pronunciation and proof of the determination of PART VI GENERAL 22. Regulations PART VII REPEAL and TRANSITIONAL PROVISIONS 23. Repeal and saving 24. Continuation of the criminal proceedings and civil 25. Saving for determination, mark and licenses 26. Prevention of anomalies of standards Malaysia 5 laws of MALAYSIA Act 549 MALAYSIAN STANDARD ACT 1996 an act to make new provision in the law relating to standards and for other matters connected therewith.
[1 September 1996, P.U. (B) 322/1996]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Standard Malaysia Act 1996 and shall apply throughout Malaysia.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette; and the Minister may prescribe different dates for start the currency of different provisions in this Act.
Interpretation 2. In this Act, unless the context otherwise requires — "accreditation" means a procedure through it powerful body gives formal recognition that a body or person is competent to carry out specific tasks;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
Laws of Malaysia ACT 5496 "property" includes — (a) all movable and immovable and all interests, rights and liabilities, whether on the side of equity or law in, to or from the property, right in the action, investment, money and good name; and (b) all rights and liabilities in respect of contracts relating to the construction of the building, and "vested", in respect of the property, including the right to property the future or contingent;
"Institute" means the Institute of standards and industrial research of Malaysia which was established under the National Institute of standards and industrial research of Malaysia (incorporation) order 1975 [Act 157];
"Director General" means the Director General of the Department of standards who are appointed under section 9;
"commodity" means any article, a product or thing become matters of trade or Commerce;
"liability" means every type of liabilities, debts, liabilities, duties, and obligations (whether present or future, actual or contingent, and whether due or observed or implemented in Malaysia or elsewhere);
"Council" means the Council of standards and Accreditation established under subsection 13 (1);
"Minister" means the Minister for the time being charged with the responsibility for standards;
"certification" means a procedure through it a third party appointed by the Director-General gave a written assurance that a commodities, processes, practices or services specific to the needs; and "third party", in respect of the certification means a body or a person who is recognized as separate from the parties involved on issues concerned;
"registration" means a procedure through it a body appointed by the Director General indicates relevant characteristics of a commodities, processes, practices, or services, or the particulars of a body or a person, in the list of suitable, available to the public;
Standards Malaysia 7 "determination" means the description of a particular commodity, processes, practices or services by reference to the type, its quality, its strength, its pureness, its composition letters, quantified, dimensinya, weight, grednya, kebolehtahanannya, originally, his age or other characteristics or description of a commodity by reference to any mark or label on the commodity, and includes a glossary, a definition, a symbol, and a recommended practices;
"the determination of the standard" means a determination which has been declared as a determination of the standard in accordance with section 15;
"determination of temporary standard" means a standard determination that has not been through the usual procedures and Technical Committee deliberation of public comment and — (a) that in the opinion of the Council is needed immediately; or (b) in respect of which the Minister is of the opinion that its use in trials necessary before it can be finalised;
"evaluation of accuracy" means any activities on determining directly or indirectly that relevant requirements are fulfilled;
"standardisation" means the activity set, about actual or potential problems, provisions for common and repeated use, with the purpose of achieving the optimum level of regularity in a given context;
"regulations" means regulations made under section 22;
"standard" means a document approved by a recognized body, that provide, for common and repeated use, rules, guidelines or characteristics for products or processes and related production methods, which its compliance is not mandatory; and that may also include or deal exclusively with regard to the requirements of peristilahan, symbols, packaging, marking or labeling as they apply to a product, process, or production methods;
Laws of Malaysia ACT 5498 "successor company" means a company limited by shares incorporated under the companies Act 1965 [Act 125] and nominated by the Minister in order under subsection 3 (1) to which the property, rights, liabilities and functions of the Institute transferred and vested under subsection 3 (1);
"mark" includes any device, brand, title, label, ticket, name, signature, Word, letter, figure, and any combination of them;
"accuracy marks" means the protected marks, worn or issued under the rules of a system of certification, which shows that sufficient confidence given that commodities, processes, practices or services relevant to that specific standards or other normative documents;
"standard mark" means a mark registered under the trade marks Act 1976 [Act 175] as a trademark certificate;
"the date of vesting date" means the date when all the property, rights, liabilities and functions of the Institute is transferred to or vested in the successor company as determined by the Minister in order under subsection 3 (1).
PART II VESTING DATE PROPERTY, Etc., In The SUCCESSOR COMPANY Vesting Provisions 3. (1) the Minister may, by order published in the Gazette, specify a date and vesting date at that date, all property, except the land referred to in subsection (2), rights, liabilities and functions of the Institute shall, in accordance with this Act, transferred to and vested in the successor company without anything conveyancing, assignment or transfer.
(2) any land held in the name of federal lands Commissioner and which immediately before the date of vesting date occupied by the Institute shall continue to be occupied by the successor company under a lease on rental and upon such terms as may be agreed by the Federal and Land Commissioner of the successor company.
Standards Malaysia 9 (3) Notwithstanding subsection (1), only the functions of the Institute under this Act is not vested in the Director-General and any other body can be transferred to the successor company.
(4) every property vested by virtue of subsection (1) in the successor company shall be vested in the company for a similar title or interest as it vested or held immediately before the date of the vesting date.

(5) every right in action vested by virtue of subsection (1) in the successor company may, after the date of the vesting date, claimed through the suit, obtained or effected by the company in his own name and there is no need for the company or Institute gives notice to the person bound by the right in the action about the vesting provisions effected by subsection (1).
(6) every rights and liabilities vested through subsection (1) in the successor company may, on or after the date of the vesting date, claimed through the suit, obtained or enforced by or against the company in his own name and there is no need for the company or Institute gives notice to the person rights and liabilities affected by vesting date under subsection (1).
(7) any legal proceedings pending by or against the Institute in relation to any property, rights and liabilities transferred to and vested in the successor company by virtue of subsection (1) may, on or after the date of the vesting date, be continued by or against the successor company.
(8) in the case of rights and liabilities arising under any loan which is vested in the successor company at the date of vesting provisions, companies can make any arrangement or agreement about such rights and liabilities with the Government of Malaysia or of any third party.
(9) on or after the date of vesting provisions, any agreement relating to any property, rights and liabilities transferred to and vested in the successor company under subsection (1) that the Institute is party to it immediately before the date of vesting provisions that, whether in writing or not, and whether or not of the type that the rights and liabilities thereunder assignable by the Institute , shall have effect as if the company has become a party to the agreement.
Laws of Malaysia ACT 54910 (10) Notwithstanding subsection (9), any agreement made by the Institute, which is the case of perkaranya in relation to any matter included in the powers and functions of the Director General under this Act, shall, at the date of vesting provisions revealed to the Government and shall have effect as if the Government had become a party to the agreement.
(11) where by virtue of subsection (1), any property transferred to and vested in the successor company, the provisions of Sections Thirty national land code [Act 56 of 1965] shall, for the purpose of discharging the registration of such vesting provisions, apply to the successor company, as if it is the public authorities.
The Government's initial stake in the successor company 4. (1) arising from the vesting date at successor company are property, rights and liabilities under subsection 3 (1), the successor company shall issue any securities company as directed by the Minister of finance, from time to time, after consultation with the Minister.
(2) the Securities required to be issued pursuant to this section shall be published or be assigned at any time and upon such terms, as to the allotment, as directed by the Minister of finance after consultation with the Minister.
(3) a security under this section — (a) shall be of any nominal value as directed by the Minister of finance; and (b) shall be issued as fully paid and calculated for the purposes of the companies Act 1965 as if it was paid because the payment of the value below to the successor company.
(4) any dividends or other sums of money received by the Minister of finance by virtue of this section shall be paid into the consolidated fund.
Government investment in the publication of further shares of the successor company 5. (1) the issue of further shares of the successor company can only be made as directed by the Minister of finance, from time to time, after consultation with the Minister.
Standards Malaysia 11 (2) any expenses incurred by the Minister of finance pursuant to the provisions of this section shall be calculated as an investment and allowed under subparagraph 8 (3) (a) (iv) Financial Procedure Act 1957 [Act 61].
(3) any dividends or other sums of money received by the Minister of finance under this section shall be paid into the consolidated fund.
(4) the stamp duty shall not be levied in respect of any increase in the capital of the successor company that — (a) is carried out through the issue of shares; and (b) certified by Treasury as implemented through the issuance of shares applied for purchase by the Minister of finance under subsection (1).
Staff 6. (1) the successor company shall be menyetuju thanks to employ, on a date determined by the Minister by notification in the Gazette, every person who immediately before the date of the staff member of the Institute and was given a choice by the Institute and have chosen to serve as an employee of the company.
(2) every such person who opts under subsection (1) to serve as an employee of the successor company to be employed by the company on the terms and conditions of service no less favourably than the terms and conditions of service that he is entitled to it before the due date.
The Government of Malaysia shall hold all shares in the successor company 7. (1) the Minister of finance may, from time to time, on behalf of the Malaysian Government, apply to buy or otherwise acquire all the shares in the successor company.
(2) Shares in the successor company held by the Minister of Finance shall be held by the Minister of finance incorporated under the Act the Minister of Finance (incorporation) 1957 [Act 375].
Laws of Malaysia ACT 54912 (3) Notwithstanding any other written law or rules of law, there is no need to complete or to register a transfer of shares of the type referred to in subsection (2) following the change of the person who held the post of Minister of finance.
(4) the Minister of finance may exercise all rights and powers relating to shares in the successor company held by him.
(5) the Minister of finance may, at any time, by notice in writing to the Company Secretary of the successor company, authorize, upon such terms and conditions as specified in the notice, any person he deems fit to act as its representative at any meeting or all the successor company shareholders or any class of shareholders, and any person so authorized shall be entitled to exercise the same power on behalf of the Minister of finance, as the Minister of finance can run it if present at the meeting.
The Minister of finance must hold shares 8. (1) the Minister of finance may not — (a) sell or otherwise dispose of any shares in the successor company held by it to any person; or (b) allow the successor company shares allotted to any person.
(2) no nothing in subsection (1) applies in respect of redeemable preference shares — (a) cannot be converted to shares of any other class; and (b) does not give any right to vote at any general meeting of the successor company.
Standards Malaysia 13 PART III the DIRECTOR GENERAL of the DEPARTMENT of STANDARDS of appointment of the Director General 9. (1) the Minister shall, from time to time, by notification in the Gazette, appoint a public officer to be the Director General of the Department of standards for the purpose of carrying out the duties and functions assigned to it under this Act.
(2) the Director General shall hold office for such period and subject to such conditions as the Minister may determine after consultation with the public service Commission.
(3) the Director General shall have an official seal which shall be published in the Gazette for the confirmation of documents required for the purposes of duties and functions under this Act.
Duties and functions of Director General 10. (1) the duties and functions of the Director-General to promote and develop standards and standardization of determination as a mode of advancing the national economy, benefit from health, safety and welfare of the public, assist and protect consumers, promote efficiency and development industries, facilitating international trade and further international cooperation in relation to the standard.
(2) on the obligations and functions under subsection (1), the Director-General may — (a) appoint a single national agency to coordinate standards development activities in Malaysia with the aim of developing common standards and codes and to represent Malaysia in international standardization activities;
(b) promote cooperation between organizations involved in voluntary standardization in Malaysia and Government departments and agencies for the purpose of achieving compatibility, and use of the General maximum, standards and codes;
(c) implement the criteria and procedures relating to the preparation, approval, acceptance and standardisation in Malaysia as approved by the Minister;
Laws of Malaysia ACT 54914 (d) recommending a standard given by a single national agency appointed under paragraph (a) as a national standard, if appropriate, and maintaining indices approved standards;
(e) collect, translate and disseminate information on standards and standardisation activities within and outside Malaysia;
(f) promote the use of standards approved by the Minister;
(g) recommend to the Minister that adopted any determination of international or overseas, with or without modifications, as appropriate for the number in Malaysia;

(h) mengakreditasikan, in accordance with the criteria and procedures that are approved by the Minister, the Organization in Malaysia involved in the assessment of accuracy and maintain a register of organizations accredited and their accuracy;
(i) appoint such organizations as agents to conduct valuation for pengakreditasian and registration provided under this Act;
(j) mengakreditasikan laboratory testing, calibration and laboratory training organization involved in the training of staff in the assessment of the accuracy;
(k) the register, in accordance with the criteria and procedures that are approved by the Minister, persons engaged in assessment accuracy, such as consulting and auditing, and maintain a register of qualified people;
(l) prescribing and register under the trade marks Act 1976, Mark accreditation Department Standard itself;
(m) authorize and regulate the use of any mark accreditation referred to under paragraph (l);
(n) to cooperate with the State Government, local authorities, industrial sector, commercial and trade and any other organization may specify for the purpose of ensuring standards apply;
(o) encourage, in collaboration with the Malaysian organization involved in the creation, testing, certification and pengakreditasian, voluntary standards, arrangement collaboration with organizations involved in other countries for the exchange of information;
Standards Malaysia 15 (p) advise the Minister on the needs, resources and allocation of financial resources to the Organization of Malaysia involved in voluntary standardization to help them meet the requirements of national and international;
(q) establish and maintain contact with local and overseas organizations involved in standardisation and other relevant matters in the public and private sectors, and maintain exposure to industrial needs in standardization; and (r) perform any other functions as required by the Minister.
Power to delegate 11. (1) the Director may, in writing, delegate to any public officer, subject to any conditions, limitations or restrictions as it thinks fit to impose, any of its duties or functions under this Act.
(2) any delegation made under this section shall not prevent the Director-General itself of its duties or carry out such delegated functions.
Power of Minister to give directions 12. The Minister may, from time to time, give directions to the Director General in accordance with the provisions of this Act and the Director-General shall perform all such instructions.
PART IV the ESTABLISHMENT of COUNCIL STANDARDS and ACCREDITATION standards and Accreditation Council's establishment and functions 13. (1) a Council to be known as the Council of standards and Accreditation shall be established consisting of the following members appointed by the Minister: (a) a Chairman;
(b) a Deputy Chairman;
(c) a representative of the successor company;
Laws of Malaysia ACT 54916 (d) five (5) representatives of the Government; and (e) not more than seven other members who, in the opinion of the Minister, have extensive experience or specific knowledge in the matter relating to the functions, powers and activities of the Council.
(2) the Director General shall be ex officio a member of the Council.
(3) subject to the direction and control of the Minister, the duty of the Council — (a) to advise the Minister in respect of policies, programmes, schemes, projects and standardisation activities;
(b) to advise, and making recommendations for its consideration and approval, the Minister in respect of programmes, schemes, projects and activities to improve efficiency and industrial development, and for consumer protection through standardisation;
(c) to advise the Minister with respect to the determination of standards for commodities, processes, practices and services;
(d) to advise the Minister on the priority in respect of standardization to ensure maximum effectiveness;
(e) to advise the Minister on the implementation of an effective determination of standards for commodities, processes, practices and services;
(f) to submit for its consideration and approval of the Minister, the criteria and procedures relating to the preparation, 's letter, receiving and setting voluntary standards in Malaysia;
(g) to submit for its consideration and approval of the Minister, the criteria and procedures relating to pengakreditasian testing laboratory, laboratory of calibration, organizations involved in evaluation of accuracy and organization involved in the training of staff in the assessment of the accuracy;
(h) to submit for its consideration and approval of the Minister, the criteria and procedures for the registration of persons engaged in the assessment of the accuracy;
(i) to advise the Minister on the promotion and implementation of accreditation;
Standards Malaysia 17 (j) to advise, and making recommendations for its consideration and approval, the Minister in respect of programmes, schemes, projects and activities to develop industrial and testing requirements for development testing service;
(k) to perform any other functions as may be determined or delegated by the Minister.
(4) a member of Council shall, unless he is put or clear his Office in advance or his appointment is cancelled in advance, hold office for a term of three years and be eligible for reappointment for any consecutive period of not more than three years.
(5) if the Chairman is absent or unable to act due to illness or any other reason or if the post of Chairman is vacant, the Deputy Chairman shall perform the duties and functions of the Chairman.
The Committee 14. Notwithstanding section 13, the Council may, subject to the approval of the Minister in advance, establish such committees as it deems necessary to meet its obligations or functions, or for any purpose arising from or in connection with any of its duties or functions.
Part V STANDARDS of determination of the standard 15. (1) the Minister may, by notification in the Gazette, declare any determination which has been adopted with or without modification, as a determination of the standard or a determination of the standard temporary for the purposes of this Act, and may amend or withdraw any determination of standard or determination of temporary standards.
(2) where a determination has been declared as a determination of the standard temporary, the expression "Temporary" or "S" shall be included in the title or number of the determination of the standard.
Laws of Malaysia ACT 54918 (3) no determination can be declared the determination of the standard, and no determination of standards may be amended or revoked, unless the Minister is satisfied that the person who may be affected by the Declaration, amendment or revocation has been getting the opportunity to menimbangkannya and give comments about it to the Minister or to the Council or to a Committee of the Council have the authority: provided that this subsection shall not apply to the determination of provisional standards.
(4) the Declaration, amendment or revocation of a determination of the standard shall be made in the manner prescribed by the regulations or, if no such regulations made, in such manner as the Minister may determine.
(5) the Minister shall cause the fact signatory, the revocation or amendment, but not the text declared determination, amended or revoked, and the effective date, be notified in the Gazette.
(6) without evidence to the contrary — (a) a notification in the Gazette under subsection (5) shall be sufficient evidence of the matters stated therein; and (b) the fact that a particular determination has been declared as a determination that a determination of the standard or standards have been amended or withdrawn shall be sufficient evidence that the requirements of this section have been complied with.
Accreditation and registration 16. (1) any person or organisation wishing to accredited or registered as — (a) an assessment of the accuracy of the Organization;
(b) a laboratory for testing or calibration;
(c) a training organization for assessment of accuracy; or (d) persons eligible to perform the assessment of accuracy and associated services, standards Malaysia 19 may apply to the Director General in such manner as may be prescribed by regulations.
(2) if the Director General is satisfied, on application made under subsection (1), that the body, laboratories, training, organization, or person referred to in subsection (1) should be accredited or registered, he or she can provide a certificate of accreditation or registration to the applicant subject to any terms and conditions, if any, prescribed by the regulations.
(3) an accreditation or registration under this section shall be granted for such period as may be determined by the Director General but as long as the terms and conditions of accreditation or registration that followed, accreditation or the registration may be renewed from time to time by the Director-General for such period as may be determined by him.
(4) every person who requests for the accreditation or registration under this section and every person to whom accreditation or registration granted shall, if he so desires at any time required to do so by the Director General, put forth — (a) for appraisal or inspection, of all documents;
(b) any information, in relation to the conduct in respect of which the accreditation or registration applied for or have been granted.

(5) when any document has been submitted for evaluation or inspection under this section, shall be payable to the Director General by the applicant or holder of the registration or accreditation cost assessment or examinations reasonably necessary and any other costs that may be reasonably carried out relating to the examination or assessment.
(6) the Director General shall keep a register in which shall be recorded the details of every accreditation or registration granted under this section and shall, at any reasonable time, open for inspection by the public in the Department Standard.
Laws of Malaysia ACT 54920 (7) the Director General may at any time suspend or cancel an accreditation or registration granted under this section if, in his opinion, any terms and conditions relating to accreditation or the registration has breached, but one holder of the accreditation or registration certificate akreditasinya or certificate of registration has been suspended or revoked by the Director General may appeal to the Minister and the decision of the Minister shall be final.
Restrictions on the use of the word 17. (1) except with the consent of the Minister, no group of persons, incorporated or otherwise, can perform the function for which it was formed under a name that contains the word "Standards" or any abbreviations or any abbreviations that are misleading or any sign of Department of standards or any sign of menyerupainya.
(2) where any law provide for registration of any group of people, the registration authority may refuse to register if in its opinion the use of a name with her group that the person would like to be registered is prohibited under subsection (1).
(3) this section shall, with the necessary modifications, apply to persons doing business under any name or title other than the name and the plant itself.
(4) any group of persons or any person who does any act of berlanggaran with this section is guilty of an offence unless it is proved that the action is not done for profit or intentionally want to cheat, and shall on conviction be liable to a fine not exceeding fifty thousand ringgit.
Offences a range of 18. (1) any person who — (a) makes any statement or representation, whether in writing or otherwise, or use any sign by reference to any commodities, processes, standards Malaysia 21 practices or services which give or may give the impression that a person who is not registered or certified for use of a particular sign of accuracy with respect to commodities, processes, practices or services is registered or certified or otherwise entitled to use an indication of accuracy;
(b) make any statement or representation, whether in writing or otherwise, or use any sign that gives or may give the impression that something commodities, processes, practices or services comply with a determination of the standard while it fails to comply with such;
(c) once registered or certified for use of an indication accuracy, use the accuracy after cancellation or suspension of the certificate of registration or akreditasinya or other than in accordance with the terms and conditions of the certificate of registration or akreditasinya;
(d) make any statement or representation, whether in writing or otherwise, with respect to such commodities, processes, practices or services which give or may give the impression that someone who is not accredited under this Act with respect to commodities, processes, practices or services is accredited as such;
(e) make any statement or representation, whether in writing or otherwise, that gives or may give the impression that something commodities, processes, practices or services comply with the requirements of the accreditation while it fails to comply with such; or (f) once registered or accredited, use the certificate of registration or accreditation after pembatalannya, or current suspension, or other than in accordance with the terms and conditions of the certificate of registration or accreditation, commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand dollars and, in the case of a continuing offence, shall be liable to a fine not exceeding one thousand dollars for each day the offence is continued.
Laws of Malaysia ACT 54922 offences by body corporate 19. If an offence against this Act has been committed by a body corporate, any person who at the time of the offence committed was a Director, Manager, Secretary or other similar officer of the body corporate, or purporting to act on such properties, shall be deemed to have committed the offence unless he proves that the offence was done without the consent or pembiarannya and that he has conducted all due diligence to prevent the Commission of the offence as he ought to have been carried out by him in view types of functions on the property and in view of all the circumstances.
The characteristics of the commodity, etc., can be set by reference to the determination of the standard 20. If any law gives the authority to set or determine, either by legislation or otherwise, any features for such commodities, processes, practices, or services, the characteristics of the same or any of them may be prescribed or determined by reference to any determination of the standard or portion of it.
Pronunciation and proof of the determination of 21. In any written law, a determination of the standard may, without prejudice to any other way of pronunciation, referred to by title or number given to it by the Minister; and any sound it shall, unless the context otherwise requires, be deemed to refer to the determination of the standard as in force at the time the law was made.
PART VI GENERAL regulations 22. (1) the Minister may make such regulations as expedient or necessary to carry out the purposes of this Act.
Standards Malaysia 23 (2) without prejudice to the generality of subsection (1), the Minister may make regulations for or of all or any of the following matters: (a) prescribing the manner of determination can be declared the determination of the standard;
(b) regulating the Declaration of determination of the standard;
(c) provide for the amendment or revocation of any determination of standard or determination of temporary standards and monitoring procedures related to it;
(d) prescribing the manner of accreditation or registration may be granted;
(e) regulating the issuance of accreditation, sets out the terms and conditions upon him or subject him accreditation can be withdrawn, and regulate the renewal, suspension or revocation of accreditation and procedures for appealing against the suspension or cancellation;
(f) regulating the issuance of a certificate of registration, set terms and conditions thereon or subject to him the certificate of registration may be issued, and regulate the renewal, suspension or revocation of certificate of registration, and the procedure for appeal against suspension or cancellation;
(g) prescribing the method to prove availability or absence of terms and conditions for any accreditation or registration granted under this Act;
(h) prescribing forms for the purposes of this Act;
(i) prescribing the matters in respect of which the fees payable under this Act or under the regulations, the amount of the fees, and the person liable can be made;
(j) prescribing the procedure to be followed at meetings of the Council.
Laws of Malaysia ACT 54924 PART VII REPEAL and TRANSITIONAL PROVISIONS Repeal and saving 23. (1) of the National Institute of standards and industrial research of Malaysia (incorporation) order 1975 [Act 157] is repealed.
(2) Notwithstanding subsection (1), all subsidiary legislation made under or pursuant to the repealed Act shall, so far as it is in accordance with this Act, remain in force until modified, revoked or replaced by this Act.
Continuation of the criminal proceedings and civil law 24. (1) the revocation under section 23 or anything contained in this Act shall not affect the liabilities of any person sentenced or prosecuted as offences under the repealed Act before the commencement of this Act or affect any proceedings that have been brought before the currency of this Act in respect of the offence.
(2) any proceedings, whether civil or criminal, or power actions pending or existing immediately before the date of vesting provisions by or against the Institute or any person acting on his behalf may be continued or commenced by or against the successor company as if the proceedings were commenced by or against the person or Institute if this Act not approved: provided that if the proceedings relating to matters connected with any accreditation agreement , the proceedings shall be continued or commenced by or against the Government.
(3) any appeal brought or any permission to appeal applied for on or after the date of vesting provisions against a decision given before that date in Malaysian standards 25

any legal proceedings in which the Institute become a party can be brought by or against the successor company: provided that if the appeal relates to matters relating to the accreditation of any agreement, the appeal shall be brought by or against the Government.
Saving for determination, mark and licence 25. (1) all determination, declared the determination of the standard under section 28 of the Act the National Institute of standards and industrial research of Malaysia (incorporation) order 1975 or who by virtue of section 49 of the Act continue to exist as the determination of the standards promulgated under section 28 and that exists as a determination of the standard before the start the currency of this Act shall continue to exist as the determination of the standards promulgated under section 15 of this Act until revoked under that section.
(2) all marks registered as trademark certificate by virtue of section 29 of the Act or who is deemed to have been registered under section 49 of the Act and remain registered so immediately before the start the currency of this Act shall continue to remain registered.
(3) all licences to use the standards provided under section 30 of the Act or that exists by virtue of subsection 49 (3) of the Act and that existed before the only started the currency of this Act remains valid until the license expired or revoked under this Act.
Prevention of anomalies 26. (1) where any difficulty arises in connection with the transitional provisions contained in this part, the Minister may, subject to subsection (2), by order make such modifications therein as it considers necessary to prevent anomalies.
(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of two years from the first currency of this Act.
Laws of Malaysia ACT 54926 laws of MALAYSIA Act 549 MALAYSIAN STANDARD ACT 1996 LIST AMENDMENT law short title force amend from – no – Standard Malaysia 27 laws of MALAYSIA Act 549 MALAYSIAN STANDARD ACT 1996 LIST SECTION AMENDED Section Power amend with effect from – THERE are –