Consumer Protection Act 1999

Original Language Title: Consumer Protection Act 1999

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1 the consumer protection laws of MALAYSIA Act 599 REPRINTING the consumer protection ACT 1999 As at 1 February 2013 ISSUED by COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2013 2 laws of Malaysia Act 599 consumer protection ACT 1999 the date of Royal Assent............ August 27, 1999, the date of publication in the Gazette......... 9 September 1999 last amended through Act A1381 which commence on............... February 1, 2011 REPRINT Before Reprinting the first......... 2006 consumer protection 3 laws of MALAYSIA Act 599 consumer protection ACT 1999 ARRANGEMENT of SECTIONS part i preliminary section 1. Short title and commencement 2. Application of the 3. Interpretation 4. The removal of the choice of law 5. Savings for other legal related 6. Cannot be contracted out 7. Appointment of Controller, Deputy Controller, etc.
Part ii CONDUCT MISLEADING and DECEPTIVE, FALSE REPRESENTATIONS and PRACTICES NOT FAIR 8. Interpretation of 9. Misleading behaviour 10. False or misleading representations 11. False representations and conduct other misleading in relation to land 12. Misleading picture about price 13. Advertising umpanan 14. Grants, gifts, free offer, etc.
4 laws of Malaysia Act 599 15. Allegations that the goods are limited 16. Claim or agreeing to accept payment without intention to supply 17. Service contract before 18. Assumption of liability for advertisements part iii SECURITY GOODS and SERVICES 19. Security standards 20. Compliance with safety standards 21. General safety requirements for item 21a. General safety requirements for services 22. Defence 23. Prohibition against the goods and services that is not secure 24. Prohibition of importation of goods or Services Division iiia TERMS UNFAIR 24a. Interpretation for the purpose of Part IIIa 24B. Application of Part IIIa 24c. General grievous in terms of procedure 24d. General substansif 24e injustices. The burden of proof 24f. Power to illustrate injustices 24g. The effect of the unfair terms of 24 h. The contract has been implemented 24i. A breach of Part IIIa is an offence 24. Regulations in relation to unfair contract terms the consumer protection Section 5 of part iV of the OFFENCE, DEFENCE and REMEDIES RELATING to PARTS II and III of section 25. A breach of part II and III be an offence 26. Errors caused by the Act or default of some other person 27. The Defense for oversight, accident, etc.
28. Defence publication of good faith for ad 29. Power of court to grant relief side part V GUARANTEE in RESPECT of the SUPPLY of GOODS 30. Application of 31. Implied guarantee of title 32. Guarantee an acceptable quality implied about 33. Implied guarantee suitability for the purposes of certain 34. Implied guarantee that the goods comply with about 35. Implied guarantee that the goods comply with the sample of 36. Implied guarantee regarding price 37. Implied guarantee repair and spare parts 38. Real manufacturer part Vi guarantee RIGHTS to the SUPPLIER in RESPECT OF THIS GUARANTEE the SUPPLY of GOODS 39. Rights of the consumer against the supplier of reclaimed loss 40. Exception in respect of the implied guarantee of acceptable quality 41. The choice of the supplier if the goods do not comply with this guarantee 42. Meet the requirements so that correct the failure of 43. Loss of right to reject goods 6 laws of Malaysia Act 599 44. Failure of a substantial 45. Deducting goods 46. Selection of users to get a refund or replacement of 47. Assessment of damages in the case of hire purchase agreement 48. Liability for the representations 49. Liability of the assignee and financiers part Vii RIGHT to the MANUFACTURER with RESPECT to GUARANTEE the SUPPLY of 50. Reclaimed rights against users losing 51 manufacturer. Exception to the right to redeem the losers against manufacturers of 52. The choice of the manufacturer if the goods do not comply with this guarantee THIS GUARANTEE in RESPECT of Miscellaneous SERVICES DELIVERY 53. Implied guarantee of reasonable skills and care is 54. Implied guarantee suitability for the purposes of certain 55. Guarantee implied about the ready time 56. Implicit guarantee on the price of part iX RIGHTS to the SUPPLIER in RESPECT OF THIS GUARANTEE the PROVISION of SERVICES 57. Rights of the consumer against the supplier of reclaimed losses 58. Exception to the right to redeem the losers to the supplier in respect of service 59. Employment contract and 60. The choice of the provider if the service fails to comply with this guarantee 61. Loss of right to cancel contract consumer protection Section 7 62. Failure of a substantial 63. Rules applicable to the cancellation of a contract of 64. The effect of cancellation of contract 65. Power of court to grant relief side part X RELEASE LIABILITY 66. Interpretation of 67. The meaning of "disability" 68. Liability for defect products 69. Extent of liability for loss or damage 70. Application of other written law 71. Prohibition exemption from liability 72. The defense of part Xi of the NATIONAL CONSUMER ADVISORY COUNCIL 73. The establishment of the National Consumer Advisory Council 74. Membership of the Council 75. Temporary exercise of the functions of Chairman of the 76. Vacation of Office 77. Revocation of appointment of 78. The resignation of 79. Filling vacancy 80. Secretary to the Council and other officers 81. 82 allowance. The Council may invite others to attend meetings 83. Validity of acts and proceedings 84. Regulations relating to the Council section 8 laws of Malaysia Act 599 Part XIa ADVERTISING COMMITTEE Section 84a. 84B Advertising Committee. Membership of the Committee 84 Advertising. The provisions of the Schedule apply to extra-territorial effect Advertising Committee. Regulations relating to part Xii Advertising Committee of the CONSUMER CLAIMS TRIBUNAL 85. Establishment of the consumer Claims Tribunal 86. Membership of the Tribunal 87. Temporary exercise of the functions of the Chairman of the 88. Vacation of post 89. Revocation of appointment of 90. The resignation of 91. Filling vacancy 92. The remuneration of 93. The Secretary of the Tribunal and other officers 94. Public servants 95. No action against 96 Tribunal. The trial Tribunal 97. Commencement of proceedings 98. The jurisdiction of the Tribunal for 99. Restriction of the jurisdiction of the 100. The expansion of jurisdiction through treaty 101. Omission to bring the claim within the jurisdiction of 102. Cause of action cannot be divided into 103. (Cut) 104. Removal jurisdiction consumer protection Court 9 105. Disposal of goods easily destroyed 106. Notice of claim and hearing 107. Negotiation solutions 108. The right to appear at the hearing of 109. Proceedings shall be open 109a. Procedures shall be entered 110. Evidence of 111. Tribunal can act during the absence of the 112. 113 Tribunal award. Reference to a Judge of the High Court on a question of law 114. The reason the results of 115. Orders and resolutions shall be recorded in writing, 116. The decision of the Tribunal shall be final 117. Criminal penalties for failing to comply 118. Procedure where no provision is made 119. The absence of form 120. Disposal of documents, etc.
121. Act or omission made in good faith 122. Regulations in respect of Tribunal part Xiii ENFORCEMENT 123. Power of investigation 124. Card power 125. Inspection with warrant 126. Search and seizure without a warrant 127. Items seized 128. The power to require the attendance of the person who has knowledge of the case section 10 laws of Malaysia Act 599 129. Examination of a person who has knowledge about 130 cases. A statement is admissible as evidence of the 131. Forfeiture of goods, etc., seized 132. The cost of holding goods, etc., seized 133. There are no costs or damages arising from seizure can be obtained 134. Whistleblower 135. Gift for 136 information. Loss or destruction of goods, etc., to be seized 137. Offence in respect of information 138. Obstacles to the Assistant Controller of 139. The use of confidential information Part XIV GENERAL and a RANGE of 140. The receipt of 141. The power to order compliance with 142. Failure to comply with a valid order 143. Offences by body corporate 144. Offences by employees, agents or employees agents 145. Penalties am 146. Compounding of offences 147. An initial prosecution 148. Jurisdiction to try the offence of 149. Cover 150 officers. Regulations schedule Section 11 the consumer protection laws of MALAYSIA Act 599 consumer protection ACT 1999 an act to provide for consumer protection, the establishment of the National Consumer Advisory Council and consumer Claims Tribunal, and for matters connected therewith.
[15th November 1999; P.u. (B) 415/1999] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Consumer Protection Act 1999.
(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 different provisions in this Act.
application 2. (1) subject to subsection (2), this Act shall apply in respect of all goods and services offered or supplied to one user or more in trade including any trade transactions conducted through electronic means.
(2) this Act does not apply — (a) for securities as defined in * the securities industry Act 1983 [Act 280];

* NOTE — this Act was repealed by the capital markets and Services Act 2007 [Act 671] which comes into operation on 28 September 2007 unless Term 2 part VI which comes into operation on 1 April 2010 – see subsection 381 (2) of Act 671, P.U. (B) 342/2007 and P.U. (B) 143/2010.
12 laws of Malaysia Act 599 (b) for the futures contract as defined in * the futures industry Act 1993 [Act 499];
(c) for contracts made prior to the date this Act comes into operation;
(d) in relation to land or interests on land except as expressly provided for in this Act;
(e) for services held by the professionals regulated by any written law; and (f) for health care service held or to be held by a health care professional or health care facility.
(g) (struck by A1298 Act).
(3) (struck by A1381 Act).
(4) the adoption of this Act is the additional nature and without prejudice to any other law regulating the relationship contract.
Interpretation 3. (1) in this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"goods" means goods that are mainly purchased or used for personal purpose, household or households, and includes — (a) goods that are installed on, or incorporated in, any immovable or movable property;
* NOTE — this Act was repealed by the capital markets and Services Act 2007 [Act 671] which comes into operation on 28 September 2007 unless Term 2 part VI which comes into operation on 1 April 2010 – see subsection 381 (2) of Act 671, P.U. (B) 342/2007 and P.U. (B) 143/2010.
Consumer protection 13 (b) of animals, including fish;
(c) vessels and vehicles;
(d) facilities; and (e) trees, plants and crops whether or not above, below or attached to the land, but shall not include rights in action, including negotiable instruments, shares, debentures and money;
"security" includes any charges or encumbrances;
"prescribed" means prescribed through or under this Act or any regulations made under this Act, and if there's no way referred to, means prescribed from time to time by order published in the Gazette;
"price" includes a reply in any form, either directly or indirectly, and includes any replies that the fact in relation to the acquisition or supply of goods or services though supposedly in relation to any matter or other thing;
"advertisement" includes every form of advertisement, whether or not accompanied by or associated with a spoken or written words or writings or other sounds and whether or not contained or published in an issue ad, and includes — (a) by exhibition notice;
(b) by using the catalogs, price lists, circulars, labels, cards or documents or other materials;
(c) to show movies or pictures or photographs; or (d) using radio, television, telecommunications or any other similar way;
"health care facility" means any premises in which one or more than one member of the public to receive health care services;
14 laws of Malaysia Act 599 "Council" or "the National Consumer Advisory Council" means a Council established under section 73;
"supply" in relation to — (a) the goods, or provide the means to supply by way of sale, Exchange, lease, hire or hire purchase;
(b) provision of means to hold, giving or awarding;
"supplier" means a person who, in commercial — (a) the supply of goods to consumers by transferring the ownership or possession of the goods under a contract of sale, Exchange, lease, hire or hire-purchase to which that person has become a party; or (b) the supply of services to users, and includes — (i) if the supplier has been transferred through assignment or through force of law, the person who for the time being entitled to any such right;
(ii) a grantee that has lend on the security of goods supplied to the user, if the whole or any part of the price of the goods shall be paid from the proceeds of the loan and if the loan has been arranged by a person who, in commercial, supply the goods;
(iii) a person who, in commercial, assign or obtain assignment to an item to enable the grantee to supply goods that financiers, or the type of goods, to the user; and (iv) a person who, in commercial, act as agent for another person if the other person doesn't make the supply in trade;
Consumer protection 15 "acquisition" in respect of — (a) goods, including acts obtaining goods by way of purchase, Exchange or taken in lease, hire or hire purchase;
(b) the service, including the Act of agreeing to accept a service in any way, and "earn" and "procurement" should be defined accordingly;
"Controller", "Deputy Controller and Assistant Controller" means the person appointed as such under section 7;
"user" means a person who — (a) acquire or use the goods or services of a kind ordinarily acquired for personal use, or use of, the household or the household; and (b) shall not obtain or use goods or services, or submit itself as acquiring or using the goods or services, in particular for the purposes of — (i) supply it back in trade;
(ii) use it in the course of a manufacturing process; or (iii) in the case of goods, repair or manipulation, in trade, other goods or fixtures to the land;
"manufacturer" means a person who carries on the business of installing, produce or process goods, and includes — (a) any person submitting himself to the public as the manufacturer of the goods;
(b) any person who affixes brand or affix his seal, or cause to be or allow brand or affix his seal affixed, on the goods; and 16 laws of Malaysia Act 599 (c) if the goods manufactured outside Malaysia and foreign manufacturers of goods that do not have a regular place of business in Malaysia, someone who import or distribute them;
"broadcasting" includes ads to people or any people in any way and "publish" should be defined accordingly;
"regulations" means regulations made under this Act;
"trade" means any trade, business, industry, profession, employment, commercial activities or enterprises in connection with the supply or acquisition of goods or services;
"service" includes any rights, benefits, privileges or facilities or to be held, given or conferred under any contract but shall not include rights, interest or privileges in the form of the supply of goods or performance of work under a contract of service;
"health care services" includes — (a) provision of medical, dental, nursing, midwifery, health related, pharmacy and ambulance and any other services provided by health care professionals;
(b) a home for the purposes of any health care service;
(c) any service to examine, diagnose or treat people with or is believed to suffer from any illness, injury or disability of mind or body;
(d) any service for the purpose of prevention or health promotion;
(e) any services provided by any partial health care professionals;
Consumer protection 17 (f) any service for cure or reduce any exceptional circumstances the human body using any appliances, equipment, tools, or devices or any other medical technology; or (g) any services relating to health, including medical services and traditional choice;
"business" means any enterprise undertaken whether or not for profit or reward in its proceedings and the goods or services acquired or provided either by payment or otherwise;
"premises" means any place, building or vehicle, whether permanent or temporary;
"health care professionals" includes a medical practitioner, dental practitioners, pharmacists, clinical psychologists, nurses, midwives, medical assistants, physiotherapists, occupational therapists and other related health care professionals and any other people involved in providing medical services, health, dentistry, area, or any other health care service;
"record" includes account book, bank book, voucher, receipt, correspondence and any other document regardless of whether the record on paper or in electronic form, photographs or other forms but does not include medical records of the patient;
"subsidiary" has the same meaning as given in the companies Act 1965 [Act 125];
"the credit instrument" means any agreement, oral or written, which recognizes an obligation to pay a sum of money or amounts of money on demand, or at any time before;

"Tribunal" means the consumer Claims Tribunal established under section 85.
18 laws of Malaysia Act 599 (2) in this Act, references to — (a) participation in a course of conduct shall be read as references to do or refusal to perform an Act, and includes — (i) leaving an act; or (ii) to inform that an act that will or will not be done, as the case may be;
(b) procurement of goods include references to the acquisition of property rights in or relating to the goods following the supply of the goods;
(c) supply or acquisition of goods or services includes references to agreements for supplying or acquiring goods or services;
(d) supply or acquisition of goods include references to the supply or acquisition of goods together with other goods or services or both of each;
(e) the supply or acquisition services include references to the supply or acquisition of services together with other goods or services or both;
(f) the supply of the goods obtained from a person include references to — (i) the supply of goods to someone else in the form or modified; and (ii) the supply of other goods to someone else whom the goods acquired have been combined.
(3) in this Act, if any specified time something this guarantee begin to apply — (a) the goods shall be calculated as provided at the time of user's earned the right to possession of the goods;
(b) service shall be calculated as provided at the time of the service, granted or awarded.
Consumer protection 19 (4) for the purposes of this Act, an undertaking, assertion or representation with any name shall be deemed to be a real guarantee if I promise, assertion or representations that have the same effect or at substantially the same as a real guarantee.
the removal of the choice of law 4. This Act shall be in force notwithstanding any term of the contract which applies or purports to dress up the law of a State to another if the Court finds that the terms have been imposed wholly or mainly for the purpose of enabling the party mengenakannya avoid coming into operation of this Act.
Savings for other legal related 5. There is nothing in this Act shall be delete or limit the effects of, or prevents reliance on — (a) any written law which impose stricter obligations on suppliers than those imposed under this Act;
(b) any written law which in accordance therewith any term which is not not in accordance with this Act is considered to be implied in contracts for the supply of any goods or services;
(c) any written law relating to contract of employment or apprenticeship contracts; or (d) any terms in any written agreement between providers with users as far as terms that — (i) impose stricter obligations on suppliers than those imposed under this Act; or (ii) provides remedies more favourable to consumers than the remedies provided under this Act.
20 laws of Malaysia Act 599 cannot be contracted out 6. (1) the provisions of this Act shall have effect notwithstanding anything to the contrary in any agreement.
(2) every supplier and every manufacturer purporting to contract out of any of the provisions of this Act shall be guilty of an offence.
(3) no nothing in subsection (1) shall prevent users who have a claim under this Act from agree to settle or mengkompromikan the claim.
appointment of controller, Deputy Controller, etc.
7. (1) the Minister may appoint from amongst public officers, a Guard Consumer Affairs and such number of Deputy Controller of Consumer Affairs, Assistant Controller of Consumer Affairs and other officers as may be necessary for the purposes of this Act.
(2) the controller shall, subject to the direction and control of the General Minister, perform the functions and duties imposed and exercise of the powers conferred upon him under this Act.
(3) the Deputy Controller, Assistant Controller and other officers appointed under subsection (1) shall be under the direction and control of the guard.
(4) a Deputy Controller can perform all the functions and duties imposed and exercising all the powers granted to the Controller under this Act.
(5) all officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Consumer protection 21 part ii MISLEADING and DECEPTIVE CONDUCT, FALSE REPRESENTATIONS and PRACTICES NOT FAIR Interpretation 8. For the purposes of this section — (a) "counterfeit", "misleading" or "deceptive", in respect of conduct, representation or practice, including conduct, representation or practice that could cause a user mistaken; and (b) "price", in relation to any goods or services, in addition and without prejudice to the generality of the definition of "price" in section 3, means — (i) the aggregate amount of money are required to be paid by the user for or otherwise in respect of the supply of goods or services thereof; or (ii) except in subsection 12 (3) and (4), any way to be or has been used for the purpose of determining the aggregate.
misleading behaviour 9. No person shall engage in conduct that — (a) in relation to goods, is misleading or deceptive, or likely to mislead or deceive the public about the nature of the manufacturing process, the characteristics, the suitability for a specific purpose, the ability to procure the goods, quantity; or (b) in relation to services, is misleading or deceptive, or likely to mislead or deceive the public about the nature, characteristics, suitability for a specific purpose, the ability to obtain or quantities, the service.
22 laws of Malaysia Act 599 Representation to be false or misleading 10. (1) No person shall make a false or misleading representation — (a) that the goods were of types, standard, quality, quantity, grade, composition, style or a specific model;
(b) that the goods that have a specific or previous history of use of the particular;
(c) that the service is of the type, standard, quality or certain quantity;
(d) that the services supplied by any particular person or by any person who have craftsmanship, qualifications or specific skills;
(e) that a particular person has agreed to acquire goods or services thereof;
(f) that the goods it new or rectified;
(g) that the goods were manufactured, produced, processed or rectified at any given time;
(h) that the goods or services that have any sponsorship, approval, endorsement, performance characteristics, accessories, use or interest;
(i) that the person has any sponsorship, approval, endorsement or affiliation;
(j) in respect of the needs of any goods or services;
(k) with respect to the existence of exceptions or the effects of such conditions, guarantee, right or remedy; or (l) in respect of the place of origin of the goods.
(2) in this section, "quantity" includes length, width, height, wide range, volume, capacity, weight and number of.
Consumer protection 23 false Representations and conduct other misleading in respect of land 11. (1) No person shall in connection with the sale or grant or sale or grant of an interest as possible on land or in connection with the promotion in any way the sale or grant of an interest on the land — (a) in a fake state that any person having any sponsorship, approval, endorsement or affiliation; or (b) make a false or misleading representation about any or all of the following: (i) types of interests on the land;
(ii) the price payable for the land;
(iii) the land position;
(iv) the characteristics of the land;
(v) the use to which the land is lawfully be used or can be used;
(vi) the existence or availability of facilities associated with the land.
(2) in this section, "interest", in relation to land, means registered or can express interest on the land, and includes — (a) the right to occupy the land or a building or part of a building erected on the ground that, arising by reason of the holding of shares or by reason of a contract for the purchase of shares in the company that owns the land or building; or (b) the right, power or privilege on or in connection with the land.
(3) this section shall not apply to housing facilities as provided under the housing developers (control and licensing) Act 1966 [Act 118].
24 laws of Malaysia Act 599 misleading Picture on the price of 12. (1) a person is guilty of an offence — (a) if he or she giving a user a misleading about the price at which any goods or services is possible; or

(b) where a misrepresentation given by it to a user about the price at which any goods or services may be found to be confusing and he did not take reasonable steps to prevent that user from the representation relied on.
(2) for the purposes of subsection (1), not material — (a) whether the person provides an overview of the acting for himself or on behalf of any other person;
(b) whether or not the person who give the impression that the person or included in a class of persons from whom the goods or services it is possible;
(c) whether the impression is misleading or be misleading in relation to all users to which an overview is given or only in respect of some of them.
(3) for the purposes of this section, a description of which is given to the user is misleading about the price or how to determine the price if what was delivered by the picture, or what can be reasonably expected to be concluded by the user of the representation or omission thereof, including any of the following: (a) that the price or that way is not in reality the prices or the way actually;
(b) that can be or the rarity of prices or the way worn is not dependent on facts or circumstances in reality an overview it depends on it;
Consumer protection 25 (c) that the price of the cover or the way taking into account the matters in respect of which an additional charge in fact made;
(d) that a person who in fact do not have any expectation, anticipation of — (i) the price will be increased or lowered, whether or not at a given time or with a certain amount;
(ii) the price, or the price as increased or lowered, as the case may be, will be maintained, whether or not for a given period;
(iii) the methods that will be changed, whether or not at a given time or in a particular case; or (iv) that way or manner as varied, as the case may be, will remain unchanged, whether or not for a given period;
(e) facts or circumstances with reference to it that user can reliably be expected to assess the validity of any relevant comparison made or disiratkan by the picture that is not in fact the facts or the circumstances actually.
(4) for the purposes of paragraph (3) (e), a comparison is relevant in relation to the comparison of the price or the manner of determining, as the case may be, if a comparison is made between the price or that way or any price that has been or can be determined by using that way, by — (a) any price or value stated or implied as or as or as may be linked or can be linked with the goods or services concerned , or with any other goods or services; or 26 laws of Malaysia Act 599 (b) in any way or otherwise stated or implied as or as or as may apply or be used for determining the price or value of goods or services or the price or value of any goods or other services.
advertising umpanan 13. (1) No person shall advertise to supply goods or services at a price specified that such person — (a) does not intend to offer to included; or (b) does not have reasonable grounds to believe could be supplied, at that price for a period that is, and in quantities that are, reasonable having regard to the type of market in which that person carries on business and the types of ads.
(2) in a prosecution for failure to offer goods or services to the consumer in accordance with subsection (1), it shall be a defence if the person charged proves that — (a) he offers to provide or to get others to provide, to the user, in a reasonable time, of the type of goods or services advertised, in reasonable quantities and at prices that are advertised , and if the offer is received by the user, that the person has provided or get others to supply the goods or services; or (b) he offers to provide to the user immediately, or to get others to provide to the users in a reasonable time, an equivalent goods or services, in reasonable quantities and at prices that are advertised, and if the offer is received by the user, that the person has provided or get someone else to supply goods or services equivalent to that.
Consumer protection 27 grants, gifts, free offer, etc.
14. (1) No person shall offer any grants, gifts or other free things — (a) with the intent not to stage it; or (b) with the intent not to stage it as offered.
(2) No person shall offer any grants, gifts or other free things with the purchase of any goods or services, whether or not depending on the purchase of goods or other services — (a) charge more than the normal price for goods or services that you purchase; or (b) reduce the quantity or quality of goods or services that you purchase.
(3) a person who offers a grant, gift or other free things may impose such reasonable conditions on the offer.
(4) where a impose such conditions on the offer, he shall — (a) describing the conditions clearly;
(b) ensure that the description of the terms placed close to the expression of "free" or "free offer", as the case may be, in a way that is easily seen; and (c) ensure that large print description provided it is at least half the size of the print used for the expression of "free" or "free offer".
(5) for the purposes of this section — "normal price" means the price at which the goods or services of its kind usually sold in the market;
"free" or "free offer" includes any expressions have the meaning like.
28 laws of Malaysia Act 599 Claims that the goods are limited 15. (1) No person shall, in the supply or offer to supply goods for sale to consumers, describing them as restricted unless the Edition, the printing, minting, crafting or its production is limited to — (a) a maximum quantity has been specified in advance; or (b) the actual quantity ordered or subscribed in a period of time specified and reasonably short.
(2) a claim that the goods are limited shall clearly state — (a) the maximum quantity of goods offered for sale; and (b) the period of time or a specific date the goods offered for sale.
(3) a statement required under subsection (2) shall be placed close to the claims in a way that is easily seen.
Claim or agreeing to accept payment without intention to supply 16. No person shall claim or agreeing to accept, any payment or other consideration for goods or services, if at the time of claim or penyetujuterimaan is that person — (a) does not intend to supply the goods or services;
(b) intends to supply goods or services is different in material from goods or services in respect of which payment or other consideration is claimed or received; or consumer protection 29 (c) does not have reasonable grounds to believe that he is able to supply the goods or services in any period specified, or if no period is specified, within a reasonable time.
Service contract before 17. (1) for the purposes of this section, "service contract before" means a contract for service users to be held on an ongoing and as may be prescribed by the Minister from time to time.
(2) a consumer who cancels a contract of service before the taxable amount following by the supplier: (a) five per cent of the full price of the contract;
(b) the costs of any goods used or stored by the user; or (c) the full contract price part a service received by the user.
(3) if the user has paid to the money more than the supplier is entitled to charge under paragraph (2) (a), (b) or (c) the supplier shall repay the charge or allow refunds available, within fourteen days from the cancellation.
(4) the cancellation of a service contract before shall come in power — (a) at the time of cancellation notified to the supplier; or (b) if the provider cannot be contacted with reasonable way, at the time the user indicates to the provider by means that are reasonable in the circumstances of his intention to cancel the contract of service before that.
30 laws of Malaysia Act 599 (5) subject to subsection (6), the cancellation of the contract of service before can be raised with the words or behaviour or both indicating the intention of the user to cancel the contract, and it is not necessary to use any particular word, as long as the intention to cancel the contract is clear.

(6) If a provider be contacted with reasonable way, subsection (5) shall have effect subject to any provision expressly in the contract services, maybe it requiring notice of cancellation in writing.
Assumption of liability for ad 18. If the conduct or representations in relation to any goods or services made or published in the advertisement, the advertisement shall be deemed to have been made by — (a) a person who directly or indirectly claimed to supply the goods or services;
(b) the person on his behalf the advertisement is made; or (c) both, in accordance with the requirements of the situation, unless the contrary is proved.
Part iii SECURITY GOODS and SERVICES security standards 19. (1) the Minister may by regulations set safety standards in respect of — (a) any goods or classes of goods; and (b) any service or class of services, and can specify different safety standards for goods or services, or any class of goods or services that are different.
Consumer protection 31 (2) safety standards relating to goods may be in respect of all or any of the following matters: (a) performance, composition, content, manufacturing, processing, design, construction, finishes or packaging goods;
(b) testing of goods during or after manufacture or processing;
(c) the form and content of the sign, warning or instruction to include with the item.
(3) for the purposes of subsection (1), the Minister may, on the recommendation of the controller and after consultation with the competent agency — (a) adopted in whole or part the security standard used by the authority; or (b) seek advice from experts in the field.
(4) If there are no safety standards prescribed under subsection (1), the person who supplies or offers to supply goods or services shall adopt and adhere to reasonable security standards expected by users that are reasonable, taking into account the type of goods or services in question.
(5) in this section, "competent agency" means any person, body or authority has determined or have the expertise to determine the safety standards for such goods or services.
(6) this section does not apply for health care goods and food.
(7) for the purposes of this section, "health care goods" means any article used or intended to be used, held or intended to be held or prescribed or intended to set out in the health care service provision.
32 laws of Malaysia Act 599 standard compliance security 20. No person shall supply, or offer to supply, or advertise any goods or services that do not comply with the safety standards stipulated under section 19.
General safety requirements for goods 21. In addition and without prejudice to section 20, no person shall supply, or offer to supply, or advertise any goods which are not reasonably safe having regard to all the circumstances, including — (a) how, and the purpose for which the goods are released, or released;
(b) the provision of the goods;
(c) the use of any mark in relation to the goods; and (d) instructions or warnings with respect to the storage, use or consumption of the goods.
General safety requirements for service 21A. In addition and without prejudice to section 20, no person shall supply, or offer to supply, or advertise any services that are not reasonably safe having regard to all the circumstances, including — (a) the nature of the service, and the composition and presentation of such services;
(b) the impact of such services on life and human health, and property;
(c) the appearance, design, labeling, indication of the installation or use of, warnings, guidance on the disposal of assets relating to the service and other information provided by the service provider; and consumer protection 33 (d) whether there is any category of people who may be at risk when using the service.
defence 22. (1) goods or services may not be regarded as failing to comply with section 20 or 21 or second-they, as the case may be, if shown that — (a) the alleged failure resulting from compliance with a requirement imposed under any written law; or (b) the alleged failure is failure to make in connection with any matter more than required under sections 20 and 21.
(2) in any proceedings for an offence under this section, it shall be a defence for the person charged with that if indicated that at the time he provides, or offer or agree to supply, or expose or possess for supply, goods or services that, he — (a) do not know; and (b) does not have reasonable grounds to believe, that the goods or services that fail to comply with the requirements of section 20 or 21 or merged, as the case may be.
(3) subsection (2) does not apply in relation to the manufacturers.
Prohibition against the goods and services that is not secure 23. (1) the Minister may, on the recommendation of the controller, by order published in the Gazette, declare any goods or classes of goods as prohibited goods or any service or 34 laws of Malaysia Act 599 first class service as a service prohibition, if goods or goods of the class or class of service or service that has caused or may cause injury to any person or property or otherwise unsafe.
(2) an order made under subsection (1) may require the supplier, in such manner and within such period as may be specified in such order, and at the expense of the provider itself, do any or all of the following: (a) call back the goods;
(b) stop provides, or offers to supply goods or services, the ban;
(c) stop advertise goods or services the ban;
(d) disclose to the public any information relating to — (i) the characteristics of the goods or services prohibition makes it unsafe;
(ii) the circumstances in which the use of the goods or services the ban is not secure;
(iii) any other matter relating to the goods or services the ban or use of goods or services the ban as stated;
(e) repair or replace the goods or services the ban;
(f) refund the price paid to any person to whom goods or services the ban have been supplied or value of the consideration given for goods or services the ban or any less amount as may be reasonable having regard to the use of goods or services the ban by that person.
Consumer protection 35 (3) If an order made under subsection (1), the controller shall, by notice to the provider, requiring providers to take any or all of the acts referred to in the order.
(4) a notice under subsection (3) need not be given directly to the supplier and may be given in General, including putting a notice in the General news media, as the controller thinks fit, provided that the notice is clear and reasonable.
(5) the supplier shall comply with all the requirements in any order and notices made under this section.
(6) Further and without prejudice to the above, if an order under subsection (1) is in force — (a) No person shall supply, or offer to supply, or advertise any goods or services prohibition; and (b) no supplier may — (i) if the notice identifies a defect in, or something harmful features, for goods or services the ban, the supply of goods or services of the type that the order related thereto contain defects or features thereof; or (ii) in any other case, the supply of goods or services of the type which the order related.
Prohibition of importation of goods or services 24. The importation of any goods or services or classes of goods or services that do not comply with the provisions of this section is prohibited.
36 laws of Malaysia Act 599 Part iiia TERMS UNFAIR Interpretation for the purposes of Part IIIA 24A. In this section — (a) "contract" has the same meaning as assigned to it under section 2 of the Contracts Act 1950 [Act 136];
(b) "uniform forms contract" means a contract consumers who have already drawn up for general use in a given industry, whether or not the contract is different from the contract normally used in the industry; and (c) "unfair terms" means the terms in the contract the user, having regard to all the circumstances, resulted in significant imbalances in the rights and duties of the parties under the contract up to the disadvantage of consumers.
application of Part IIIA

24b. without prejudice to the provisions of the Contracts Act 1950, the specific Relief Act 1950 [Act 137], Sale of goods Act 1957 [Act 382] and the provisions of any law for the time being in force, the provisions of this section shall apply to all contracts.
General grievous in terms of procedure 24c. (1) a contract or contract terms is unfair in terms of tatacaranya if the contract or the contract terms resulted in unfair advantage to suppliers or unfair loss to users as a result of the treatment provider or means or circumstances where contracts or terms of the contract has been made or reached between consumers and suppliers.
Consumer protection 37 (2) for the purposes of this section, the Court or Tribunal may consider the following circumstances: (a) knowledge and understanding of the user in relation to the meaning of the terms of the contract or its effects;
(b) the strength of the bargain the parties to the contract is compared against each other;
(c) a reasonable standard in determining a fair deal;
(d) whether or not, before or at the time of the contract, the terms of the contract have been dirundingi or are part of a contract form of uniform;
(e) whether or not that is reasonably practical for users to negotiate contracts or a variation to the terms of the contract or to reject the contract or the contract terms;
(f) whether the expressions contained in the contract is in the fine print or hard to read or understood;
(g) whether or not, even if the user is competent to make a contract based on ability and sanity mind, that user — (i) is reasonably practicable, not be able to protect their own interest or the interest of any party represented by him at the time the contract is made; or (ii) suffered serious losses in comparison with other parties because the user does not understand adequately the contract or the contract terms or effect due to age, illness, or physical, mental, linguistic, or educational or emotional stress or ignorance in business;
(h) whether or not the legal or other expert advice, free, obtained by the user who made the contract;
38 the laws of Malaysia Act 599 (i) the extent, if any, provisions of the contract or the terms of the contract or its effects in terms of the law or its implementation are described in detail by any person to the user who made the contract;
(j) the conduct of the parties that make the contract compared with the conduct of the parties in the contract or similar arrangement between them; and (k) whether the user is dependent on the skills, management or advice provider or someone related to the supplier at the time of the contract.
Injustice in the General substantive 24d. (1) the contract or the terms of the contract is unfair in substantive if the contract or the terms of the contract — (a) is in itself hard;
(b) is oppressive;
(c) is not reasonable;
(d) exclude or limit liability for negligence; or (e) exclude or limit liability for breach of contract terms express or implied without strong justification.
(2) for the purposes of this section, the Court or Tribunal may consider the following circumstances: (a) whether or not the contract terms of the contract or to impose — (i) a difficult in unreasonable to be complied with; or (ii) that is not reasonably necessary to protect the legitimate interests of suppliers, which is a party to the contract;
Consumer protection 39 (b) whether the contract is orally or wholly or partly in writing;
(c) whether the contract is in the form of uniform;
(d) whether contracts or terms of the contract is contrary to reasonable standards in determining fair arrangements;
(e) whether the contract or contract terms resulted per Exchange ni la i money t not se tara or substantive that imbalances between the parties;
(f) whether the benefits to be received by users who enter into contracts real imbalance or inappropriate, for the circumstances of the user;
(g) whether consumers who enter into contracts that have a fiduciary relationship with suppliers; and (h) whether the contract or the terms of the contract — (i) expressly requires assurance of their pens for the implementation of the obligations under the contract;
(ii) impose a penalty that is not equivalent to the effect of the breach of contract;
(iii) refuse or punished early repayment of debt;
(iv) allow the supplier to terminate the contract sepihak only without good reason or without paying reasonable compensation; or (v) enable the provider sepihak only to modify the terms of the contract.
The burden of proof 24e. If the contract or term contracts exclude or limit liability, or exclude the rights, duties and liabilities, is on the part of suppliers who lean to the exception or limitation is to prove that exclusion or limitation is not made without strong justification.
40 laws of Malaysia Act 599 power to illustrate injustices 24f. A court or Tribunal may, in proceedings before it, raises the issue as to whether the contract or the terms of the contract is unfair under section 24c and 24d, although no party raises the issue in pliding them.
The effect of the unfair terms 24g. (1) in this part, if the Court or Tribunal concluded, having regard to sections 24c and 24d that a contract or contract terms is unfair either in terms of substantive or tatacaranya or both of each, the Court or Tribunal may decide that the contract or the terms of the contract cannot be implemented or null and the Court may give judgment, and the Tribunal may make an award as provided under section 112 of this Act.
(2) the Court or Tribunal may determine whether any unfair contract terms in terms of tatacaranya or subtantial, or both, and the whether and the extent to which and in what way, the remaining contract terms can be enforced or given effect.
The contract has been carried out 24 h. The Court may give judgment, and the Tribunal may make an award as provided in section 112 of this Act, even if the contract has been implemented in full or in part and for the purposes of the Court or Tribunal may consider — (a) whether and the extent to which restitusi can be given based on the facts and circumstances of a particular case; and (b) if any restitusi can not be given, in whole or in part, whether such compensation can be paid.
Consumer protection 41 violations of Part IIIA is an offence 24I. (1) any person who contravenes any provision of this section commits an offence and shall on conviction be — (a) if the person is a body corporate, to a fine not exceeding two hundred and fifty thousand dollars, and for a second or subsequent, can be liable to a fine not exceeding five hundred thousand dollars;
(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, can be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding six years, or both.
(2) in the case of continuous offences, offenders may, in addition to the penalties under subsection (1), to a fine not exceeding two thousand dollars for each day or part of a day for the offence continues after conviction.
regulations in relation to unfair contract terms 24j. The Minister may make such regulations as it considers necessary or expedient to do so in respect of this section.
Part iV OFFENCES, ADVOCACY and REMEDIES RELATING to PART II and III breach of part II and III be an offence 25. (1) any person who contravenes any of the provisions of Division II and III commits an offence and shall on conviction be — (a) if the person is a body corporate, a fine not exceeding two hundred and fifty thousand dollars and for a second or subsequent, can be liable to a fine not exceeding five hundred thousand dollars;
42 laws of Malaysia Act 599 (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 of each, and for the second time or the next, can be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding six years or both.
(2) in the case of an offence continues, the offender shall, in addition to the penalties under subsection (1), shall be liable to a fine not exceeding one thousand dollars for each day or part of a day for the offence continues after conviction.
Errors caused by the Act or default of some other person 26. If an offence under part II or III due to the Act or default of another person, then the other person is deemed to have committed such offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned.
the Defense for oversight, accident, etc.

27. In any proceedings for an offence under section 25, it shall be a defence if the person charged proves — (a) that the violation caused by — (i) a reasonable kekhilafannya;
(ii) reasonable reliance on the information provided to it;
(iii) the Act or default of another person;
(iv) accidents; or (v) a reason beyond his control; Consumer protection and 43 (b) that he took reasonable precautions and exercise due diligence to prevent violations of it by himself or by any person under his control.
a defence of the publication good faith for ad 28. If an offence under section 25 is done through the publication of an advertisement, it shall be a defence in any proceedings for the offence if the person charged is proving that — (a) its business is publish or manage broadcasting advertisements; and (b) he received the advertisements or the information contained in the advertisement, as the case may be, for publication in the ordinary course of its business; and (c) he did not know and had no reason to suspect that the publication of the advertisement will be an offence under section 25.
Power of court to grant relief side 29. (1) where, in any proceedings under this section, or upon application by any person, the Court found that that person, whether he or she is a party to the proceedings or not, incur or may suffer loss or damage as a result of the conduct of any other person who becomes or will be — (a) violations;
(b) pembantuan, abetment, advisory or causes for infringement;
(c) encouragement through threat, promise or otherwise for violations;
(d) by any other means consciously involved in or become a party to, either directly or indirectly, in violation of; or 44 laws of Malaysia Act 599 (e) plotting with any other person in breach of, any provisions of part II or III, the Court may, without prejudice to any other relief that may be granted by it, make any or all of the order referred to in subsection (2).
(2) for the purposes of this section, the Court may make the following order: (a) an order declaring — (i) the whole or any part of the contract made between the person suffering or may suffer loss or damage to the persons involved in the conduct referred to in subsection (1); or (ii) the whole or any part of the collateral arrangement in relation to the contract, as invalid and, if the Court thinks fit, to be invalid ab initio or at any time on and after such date, prior to the date the order is made, specified in the order;
(b) an order that changes the contract or arrangement in such manner as specified in such order and, if the Court thinks fit, declare the contract or arrangement that already have effective as such modified on and after such date, prior to the date the order is made, specified in the order;
(c) an order directing persons engaged in conduct referred to in subsection (1) — (i) repay the money or return the property;
(ii) paying the amount of the loss or damage;
(iii) the person's own expense, to repair or to hold parts for goods that have been supplied by him;
Consumer protection 45 (iv) the person's own expense, provide the services specified, to the person suffering or likely to suffer, loss or damage, as the case may be.
(3) an order under paragraph (2) (a) or (b) it shall not prevent proceedings instituted or maintained under this section.
(4) in an application for an order against a person under this section, a finding of fact made in proceedings for an offence under section 25, which is proceeding in accordance therewith the person found to have been involved in the conduct of the type referred to in subsection (1), shall be prima facie evidence of the facts and findings that may be proved by submitting document under the seal of the Court that made the finding.
Part V GUARANTEE In RESPECT Of The SUPPLY Of GOODS The Application Of 30. Be implied under this section shall apply whether or not the goods supplied that is associated with the service.
Implied guarantee of title 31. (1) subject to subsection (5), the following shall be implied if the goods supplied to the consumer: (a) that the supplier has the right to sell the goods;
(b) that the goods are free of any collateral not disclosed; and 46 laws of Malaysia Act 599 (c) that the user has the right to the peaceful possession of the goods, except so far as that right is changed by — (i) an agreement for the supply if the deal is a hire purchase agreement within the meaning of the hire purchase Act 1967 [Act 212];
(ii) the collateral disclosed; or (iii) the agreement for the supply.
(2) if subparagraph (1) (c) (ii) and (iii) applies, the supplier shall first and foremost advise users verbally about the manner in which its rights to peaceful possession of goods that can be changed.
(3) Advice given by a provider under subsection (2) shall be sufficient to allow users to a reasonable understanding of the nature and effect of the General variation.
(4) if the user has received verbal advice under subsection (2) — (a) the provider shall give the user a copy of the mortgage or agreement in writing for the supply or a copy of the written portion of which contains provisions for variation as described to the consumer under subsection (2); and (b) user shall acknowledge in writing receipt of the copy.
(5) If the goods are only rented or leased — (a) of paragraph (1) (a) and (b) does not apply; and (b) of paragraph (1) (c) shall provide secure ownership rights only during the period the goods rental or lease it.
Consumer protection 47 (6) for the purposes of this section — "security not disclosed" means any charge that — (a) shall not be exposed to the user in writing before he agrees to supply; and (b) not created by or with the permissions that are real;
"the right to sell" means the right to dispose of the ownership of goods to consumers at the time ownership is transferred.
Guarantee an acceptable quality implied about 32. (1) where goods are supplied to the user, there shall be implied a guarantee that the goods it is of acceptable quality.
(2) for the purposes of subsection (1), the goods are deemed to be of an acceptable quality of — (a) if the goods — (i) suitable for all purposes for which goods of the type in question is usually supplied;
(ii) acceptable in terms of looks and finishes;
(iii) free from defects small;
(iv) secure; and (v) long-lasting; and (b) a reasonable user knows fully about the nature and condition of the goods, including any hidden defects, will treat them as acceptable with regard to — (i) the type of goods;
(ii) price;
(iii) any statement made about them on any packaging or label on the goods;
48 laws of Malaysia Act 599 (iv) any representations made about them by the supplier or manufacturer; and (v) all other circumstances related to the supply of the goods.
(3) if any defect in the goods were brought specifically to the knowledge of the user before he or she agrees with the supply, then the goods shall be deemed to have failed to comply with the implied guarantee of acceptable quality only by reason of the defect.
(4) if the goods displayed for sale or rental, the flaw deemed to have been brought specifically to knowledge users for the purposes of subsection (3) is the flaw exposed in a written notice displayed with them.
(5) Goods shall not be deemed to have failed to comply with the implied guarantee of acceptable quality if — (a) the goods have been used in a manner or to the extent which is not in accordance with the manner or the extent of the number expected by a reasonable user will be found by him of the goods; and (b) the goods will comply with the implied guarantee of acceptable quality if the goods are not used in the manner or to the extent that.
(6) References in subsection (3) and (4) of any defect is references to any failure of such goods to comply with the implied guarantee of acceptable quality.
Implied guarantee suitability for the purposes of certain 33. (1) subject to subsection (2), the following shall be implied if the goods supplied to the consumer: (a) that the goods that are reasonably suitable for any particular purpose made known, express or implied, by the user to the provider as the purpose of the goods acquired by the user; and consumer protection 49 (b) that the goods that are reasonably suitable for any specific purpose that has been specified by the supplier of the goods or that would be suitable for him.
(2) implied Guarantee referred to in subsection (1) does not apply if the circumstances show that —

(a) users do not rely on skills or considerations suppliers; or (b) it is not practical for users to rely on skills or considerations suppliers.
(3) this section shall apply whether or not the purpose is a purpose, which for him the goods usually supplied.
Implied guarantee that the goods comply with about 34. (1) where goods are supplied by using description to the user, there shall be implied a guarantee that the goods is equivalent to about that.
(2) a supply of goods is not blocked from becoming the supply by using the description just because, after being exposed for sale or hire, users select them.
(3) where goods are supplied by reference to a sample or demo models as well as using the description, be implicit in this section and section 35 shall apply.
Implied guarantee that the goods comply with the sample of 35. (1) the following shall Be implied if the items are supplied to the user by referring to the sample or demo models: (a) that the goods is equal to the sample or model show that way in terms of quality; and (b) that the user will have a reasonable opportunity to compare them with the sample or model show that way.
50 laws of Malaysia Act 599 (2) if the goods supplied by reference to the description and also by using a sample or demo models, be implicit in this section and section 34 shall apply.
Implicit guarantee on the price of 36. (1) where goods are supplied to the user, there shall be implied a guarantee that the user does not have to pay to suppliers more than reasonable price for the goods if the goods are not price — (a) determined by the contract;
(b) are left to be determined in the manner agreed by the contract; or (c) are left to be determined in accordance with the course of business between the parties.
(2) if there is a failure to comply with this guarantee implied under subsection (1), the right of redemption or loss for users is just to refuse to pay more than the reasonable price.
(3) no anything in part VI can be considered as giving the user any right of redeem another loss.
(4) for the purposes of this section, what is said to be "reasonable price" is a question of fact which depends on the circumstances of each particular case, and if the price had been determined under any written law, reasonable price shall be as set out under the written law.
Implicit guarantee on repair and spares 37. (1) If goods imported or locally manufactured are supplied to the user, there shall be implied a guarantee that the manufacturer and the supplier will take reasonable action to ensure that facilities for the repair of the goods and the supply of spare parts for the goods is possible with reasonable for a reasonable period after the goods supplied such.
Consumer protection 51 (2) subsection (1) does not apply if reasonable actions have been taken to inform the user, at or before the time the goods imported or locally manufactured is supplied, that manufacturer or supplier or both not undertakes that repair facilities and spare parts will be available for them.
(3) where reasonable actions have been taken to inform the user, at or before the time the goods supplied, that manufacturer or supplier or both not undertakes that repair facilities and spare parts will be available for the goods after the expiry of a specific period, subsection (1) does not apply in respect of goods imported or locally made it after the expiration of that.
Real manufacturer guarantee 38. (1) a real guarantee given by the manufacturer of the goods supplied to the customer shall be binding on the manufacturer to the extent specified in subsection (2), (3) and (4).
(2) a guarantee in respect of the tangible goods given by a manufacturer in a document binding on the manufacturer if the document is provided to the user with the actual power or looks the manufacturer relating to the supply of the goods by the supplier to the user.
(3) a real guarantee contained in a document relating to the goods and that seems to have been made by the manufacturer of the goods shall, in the absence of evidence to the contrary, be deemed to have been made by the manufacturer.
(4) Evidence that the user has been given documents that contain real guarantee in respect of the goods by the manufacturer in relation to the supply of the goods to the consumer shall, in the absence of evidence to the contrary, be proof that the document has been given to the user with the permission of the manufacturer.
52 laws of Malaysia Act 599 (5) for the purposes of this section, "real guarantee", in relation to any goods, means an undertaking, assertion or representation relating to — (a) the quality, performance or characteristics of the goods;
(b) the provision of the required services or may at any time be required in respect of the goods;
(c) the supply of spares required or may at any time be required for the goods;
(d) the availability of future similar goods, or goods which have become or form part of a set that was formed in part by goods related to it I promise, assertion or representation is given or made; or (e) the return of money or other consideration if the goods do not meet any undertaking by the penggerenti, given or made in connection with the supply of the goods or in connection with the promotion of any other way to supply or use of the goods.
Part Vi RIGHTS to the SUPPLIER in RESPECT of the SUPPLY of GOODS GUARANTEE the rights of user to the supplier of reclaimed loss 39. This section gives the user rights to redeem and loss against a supplier of goods if the goods fail to comply with any implied guarantee under section 31 to 37.
Consumer protection 53 Exception with respect to the implied guarantee of quality can receive 40. Notwithstanding section 39, there are no rights of redemption and loss against supplier under this Act in respect of the failure to comply with the goods guarantee implied about an acceptable quality if — (a) the manufacturer make representations with respect to the goods other than with a statement on any packaging or labels; and (b) the goods will comply with the implied guarantee of acceptable quality if the representation has not been made.
the choice of the supplier if the goods do not comply with this guarantee 41. (1) if the user has rights to redeem and loss against a supplier under this section in respect of any failure to comply with this guarantee items under part V, the user can use the following remedies: (a) if the failure is a failure that can be corrected, the user may require the supplier to correct the failure within a reasonable time in accordance with section 42; and (b) if the failure was a failure that cannot be corrected or substantial in nature within the meaning of section 44 users can — (i) subject to section 43, reject them in accordance with section 45; or (ii) obtain compensation from suppliers as compensation for any impairment of the goods down the price paid or payable by the consumer for the goods.
54 laws of Malaysia Act 599 (2) in addition to the remedies under subsection (1), users can get damages from the supplier for any loss or damage suffered by a user, other than loss or damage by reason of the decline in the value of the proven as a result of or as a result of the failure.
(3) if the supplier refuses or ignore to correct failure as required under paragraph (1) (a), or refuse or ignore to do so within a reasonable time, the user may — (a) correct the failures elsewhere and seek all reasonable costs incurred in correcting the failure of the provider; or (b) subject to section 43, reject them in accordance with section 45.
Meet the requirements so that correct the failure of 42. (1) a supplier can meet the requirements under section 41 in order to correct any failure to comply with a guarantee of the goods with — (a) the repair of the goods, if the failure is not related to the title;
(b) remedy any defect of title, if the failure is related to the title;
(c) replace the goods with goods of the same kind; or (d) provide a refund of any money paid or other consideration has been given by the user in respect of the goods if the supplier cannot reasonably practicable, with required repair or replace the goods or recover any defect of title.
Consumer protection 55 (2) If a user gets the goods to replace the defective goods under paragraph (1) (c), the replacement goods shall, for the purposes of this Act, be deemed to have been supplied by suppliers and guarantee and obligations under this Act in relation to the supply of goods to a user shall be applicable for the replacement items.
(3) a refund under paragraph (1) (d) the means of repayment in cash money paid or the value of any other consideration given, or both, in accordance with the requirements of the situation.
Loss of right to reject goods 43. (1) the right conferred under this Act to reject goods does not apply if —

(a) the right is not used in a reasonable time;
(b) goods that have been written off by the user;
(c) the goods have been lost or destroyed while in the possession of a person other than the supplier;
(d) the goods have been damaged after dihantarserahkan to users for reasons that do not relate to the condition or nature time included; or (e) goods that have been attached to or combined with any immovable or movable property and goods that cannot be separated or segregated without merosakkannya.
(2) for the purposes of paragraph (1) (a), the "reasonable time" means the period from the time of the supply of goods within the period that is reasonable to expect the defect will be significant with regard to — (a) the type of goods;
(b) use that for him the user might be using them;
(c) a reasonable period of time for the used goods; and (d) the amount of reasonable use for it before the defect becomes apparent.
56 laws of Malaysia Act 599 Failure of a substantial 44. For the purposes of paragraph 41 (1) (b), failure to comply with this guarantee is substantial if — (a) the goods are not likely to be obtained by reasonable users who know fully the nature and extent of that failure;
(b) in a sense important or more of them does not meet the description of the goods which, if supplied or supplied by reference to the sample or model demonstration, does not meet the sample or model show that way;
(c) the goods — (i) on substantially is not suitable for the purpose for which goods of the kind in question habitually included; or (ii) if subsection 33 (1) applies, is not suitable for the particular purpose made known to the supplier or specified by the supplier as the purpose for which the appropriate items, and items that cannot be fixed easily and in a reasonable time for making it suitable for that purpose; or (d) the quality of the goods is not an acceptable quality within the meaning of section 32 as it is not secure.
Deducting goods 45. (1) the user shall use the rights granted under this Act to reject a certain way to tell suppliers about the decision to reject the goods and about the reason or reasons for such rejection.
Consumer protection 57 (2) If a user uses the right to reject the goods, the customer shall return the goods less that to the provider unless — (a) by reason of — (i) the nature of the failure to comply with this guarantee in respect of which users have the right to reject the goods; or (ii) the size or height or its installation, the goods cannot be returned or transferred or transported without cost to the user, and in that case the supplier shall take the goods at the cost of his own;
(b) by reason of the manner of assembling the items cannot be returned or transferred without extensive damage to immovable property or movable property to which the item is turned on, and in that case the supplier shall indemnify the user for any loss or damage caused by or as a result of the transfer; or (c) the goods have been returned to, or restored by the supplier.
(3) if the ownership of the goods have been moved to the user before the user use right of refusal, the ownership in goods is located right on the provider with the rejection notification.
selection of users to get a refund or replacement of 46. (1) if the user use right to reject goods provided under this Act, the user can choose to get — (a) refund of any monies paid or any other consideration given by the consumer in respect of the rejected goods; or 58 laws of Malaysia Act 599 (b) goods of the same kind and similar value to replace the rejected goods if the goods can be found reasonably by suppliers as part of stock suppliers, and supplier shall make appropriate provision.
(2) the refund referred to in paragraph (1) (a) means a refund in cash money paid or the value of any other consideration given, or both, in accordance with the requirements of the situation.
(3) the obligation to repay the money could not be met by allowing users to acquire other goods from suppliers.
(4) if the user got the goods to replace the rejected goods under paragraph (1) (b), the replacement goods shall, for the purposes of this Act, be deemed to have been supplied by suppliers, and guarantee and obligations under this Act in relation to the supply of the goods to the consumer shall be applicable for the replacement items.
Assessment of damages in the case of hire purchase agreement 47. Damages available to users for failure of goods supplied under a hire purchase agreement to comply with the guarantee under this Act shall be assessed, in the absence of evidence to the contrary, on the basis that the user will complete the purchase of goods or will complete the purchase if the goods comply with the guarantee.
Liability for the representations 48. (1) if the items to be obtained for diserahhakkan or diserahhakkan to the supplier by someone acting in trade ("distributor") supplied to the user, every representations are made to the user by the consumer protection 59 or a person acting on behalf of the distributor in connection with, or in the course of negotiations leading to, supply the goods shall give users — (a) against the provider, subject to section 49 , the same rights as would be found by the user under this Act if the representations that have been made by the supplier himself; and (b) against distributors who make representations and any other person on his behalf distributors Act in making the representation, the same right against any of them or all of itself as will be found by users probably will get under this Act if the person has been supplying the goods to the consumer as a result of the negotiations.
(2) without prejudice to any other rights or remedies which the supplier may be entitled to it, the supplier shall be entitled, if the representations made without truth is express or implied, to indemnified by distributors who make representations and by any person on his behalf that distributors Act in it, for any loss incurred by the supplier through the effect of subsection (1).
Liability of the assignee and financiers 49. (1) this section shall apply only in respect of the hire purchase agreement.
(2) liability under this Act for assigns the right supplier under a contract supply does not exceed the amount owed by the customer under the contract at the date of assignment.
(3) liability under this Act for financiers who have lend money based on the security of goods supplied to the consumer shall not exceed the amount owed by the customer at the date of the borrowing.
60 laws of Malaysia Act 599 (4) If assigns referred to in subsection (2) or financial institution referred to in subsection (3) has incurred any losses due to liability to user under this Act, the assignee or grantee shall, subject to any agreement with suppliers, reserves the right to indemnified by the supplier against the losses.
(5) no assignment of rights under a contract supply can affect usage of any right or remedy provided under this Act against the supplier.
Part Vii RIGHT to the MANUFACTURER with RESPECT to GUARANTEE the SUPPLY of GOODS the right user against manufacturers of reclaimed and loss of 50. This section gives the user rights to redeem and loss against the manufacturers of goods if — (a) the goods failed to comply with the implied guarantee of the quality of the recoverable under section 32;
(b) the goods failed to comply with the implied guarantee about similarities with the description under section 34 of the goods caused by failure to match his description of material used for the goods by or on behalf of the manufacturer or with the consent of the manufacturer's express or implied;
(c) the goods failed to comply with the implicit guarantee on repair and spares under section 37;
(d) the goods fails, within the period of the guarantee, to comply with any real guarantee given by the manufacturer that binding the manufacturer in accordance with section 38.
61 the consumer protection to the right to redeem Exception loss against manufacturers of 51. Notwithstanding section 50, then does not have rights to redeem and loss against a manufacturer under this Act in respect of goods which fail to comply with the implied guarantee under section 32 or 34 if such failure is caused by — (a) an Act, default or omission, or any representations made by, a person other than a manufacturer; or (b) a reason beyond the control of man, which occur after the goods are no longer under the control of the manufacturer.
the choice of the manufacturer if the goods do not comply with this guarantee 52. (1) if the user has rights to redeem and loss against a manufacturer under this section in respect of any failure to comply with this guarantee items under part V, the user may obtain damages from the manufacturer — (a) for any diminution in value of the goods as a result of the failure of the manufacturer that is —

(i) decrease below the price paid or payable by the consumer for the goods; or (ii) drop down retail average price for the goods at the time of supply, whichever is the lower price;
(b) for any loss or damage to the user as a result of the failure of the manufacturer, other than loss or damage by reason of the decline in the value of the goods, which are proven as a result or effect of the failure.
62 laws of Malaysia Act 599 (2) if the user is entitled to through real guarantee given by the manufacturer to require the manufacturer to correct the failure with — (a) the repair of the goods; or (b) replace the goods with goods of a similar kind, no action shall be instituted under paragraph (1) (a) unless the user requires the manufacturer so that correct the failure and manufacturer has refused to ignore or to correct the failure, or have not managed to correct the failure, in a reasonable time.
Part Viii GUARANTEE in RESPECT of the SUPPLY of SERVICE implied Guarantee of reasonable skills and care is 53. If the services are supplied to the user, there shall be implied a guarantee that the service will be carried out with reasonable skill and care and any materials provided in connection with the service is appropriate for the purposes of the service provided.
Implied guarantee suitability for particular 54. (1) if the services are supplied to the user, there shall be implied a guarantee that the service, and any output as a result of the service, will — (a) reasonably fit for any particular purpose; and (b) of the types and quality of which reasonably could be expected to achieve any particular result, as disclosed by the user to the provider, before or at the time the contract is made for the supply of the service, as the specific purpose for which such services or the results that the user wishes to access it.
Consumer protection 63 (2) implied Guarantee referred to in subsection (1) does not apply if the circumstances show that — (a) users do not rely on skills or considerations suppliers; or (b) it is not reasonable for users to rely on skills or considerations suppliers.
Implied guarantee regarding standby 55. If the services are supplied to the user, there shall be implied a guarantee that the service will be completed within a reasonable time if the time for the service to be carried out, it is not — (a) determined by the contract;
(b) are left to be determined in the manner agreed by the contract; or (c) are left to be determined in accordance with the course of business between the parties.
Implied guarantee regarding price 56. (1) if the services are supplied to the user, there shall be implied a guarantee that users are not liable to pay the supplier of more than a reasonable price for the service if the service is not price — (a) determined by the contract;
(b) are left to be determined in the manner agreed by the contract; or (c) are left to be determined in accordance with the course of business between the parties.
(2) if there is a failure to comply with this guarantee implied under subsection (1), the right of redemption or loss for users is just to refuse to pay more than the reasonable price.
64 the laws of Malaysia Act 599 (3) no anything in part IX can be considered as giving the user any right of redeem another loss.
(4) for the purposes of this section, what is said to be "reasonable price" is a question of fact which depends on the circumstances of each particular case, and if the price had been determined under any written law, reasonable price shall be as set out under the written law.
Part iX RIGHTS to the SUPPLIER in RESPECT of the SUPPLY of SERVICES GUARANTEE Rights redeemable preference shares and loss of user 57 suppliers. This section gives the user rights to redeem and loss of your service provider if the service or product as a result of the service fails to comply with any implied guarantee under section 53 to 55.
Exception to the right to redeem the losers to the supplier in respect of 58 service. Notwithstanding section 57, then does not have rights to redeem and loss against a supplier under this Act in respect of the failure of the service or any products as a result of the service to comply with the implied guarantee under section 54 or 55 if the failure is caused by — (a) an Act, default or omission, or any representations made by, a person other than the supplier; or (b) a reason beyond the control of humans.
Contract work and 59. There is nothing in section 57 may limit or affect the user rights under part VI or VII if the contract is a contract involving work and material.
Consumer protection against provider if 65 options services do not comply with the 60 guarantee. (1) if the user has rights to redeem and loss against a supplier under this section in respect of the failure of any services or any products as a result of the service to comply with the guarantee under part VIII, the user can use the following remedies: (a) if the failure is a failure that can be corrected, the user may require the supplier to correct the failure within a reasonable time;
(b) if the failure was a failure that cannot be corrected or substantial in nature within the meaning of section 62, users can — (i) subject to section 61, cancel the contract for the supply of the service in accordance with section 63; or (ii) obtain compensation from suppliers as compensation for any impairment release as a result of the service down charges paid or payable by the user for the service.
(2) in addition to the remedies under subsection (1), users can get damages from the supplier for any loss or damage suffered by users other than loss or damage by reason of the decrease in output as a result of the service that is proven as a result of or as a result of the failure.
(3) if the supplier refuses or ignore to correct kegaga lan as the imana ikehendak i d i d under paragraph (1) (a), or refuse or ignore to do so within a reasonable time, the user may — (a) correct the failures elsewhere and seek all reasonable costs incurred in correcting the failure of suppliers; or (b) subject to section 61, cancel the contract for the supply of the service in accordance with section 63.
66 laws of Malaysia Act 599 Lose the right to cancel the contract of 61. The rights granted under this Act to cancel the contract shall not apply if — (a) services provided under the contract is only incidental to the supply of goods; and (b) users have or have had the right to reject the goods under section 41, whether or not he used that right.
Failure of a substantial 62. For the purposes of paragraph 60 (1) (b), failure to comply with this guarantee is substantial if — (a) issue as a result of the service — (i) on substantially is not suitable for the purpose for which type of service in question habitually included; or (ii) if subsection 54 (1) apply — (A) is not suitable for a particular purpose made known to the supplier; or (B) is such that the type and quality until the release could not be expected to achieve a certain result made known to the supplier, and the issue cannot be fixed easily and in a reasonable time for making it suitable for a specific purpose, or to achieve certain results of that; or (b) issue as a result of the service was not secure.
67 consumer protection rules applicable to the cancellation of the contract of 63. (1) a cancellation of the contract for the supply of the service shall not be in force — (a) before the time the cancellation is notified to the supplier; or (b) if the provider cannot be contacted with reasonable means, to be implemented prior to the time the user indicates to the provider, in a way that is reasonable in the circumstances, his intention to cancel the contract.
(2) subject to subsection (3), cancellation of the contract can be informed by words or conduct or both indicating the intention of the user to cancel the contract, and it is not necessary to use any particular word, as long as the intention to cancel the contract is clear.
(3) If a supplier can be reached in a way that reasonably exercised, subsection (2) shall have effect subject to any provision in the contract that expressly requires notice of cancellation in writing.
The effect of the cancellation of a contract of 64. (1) If a user uses the rights granted under this Act to cancel the contract for the supply of services — (a) the user has the right to get a refund of any monies paid or any other consideration has been given in respect of the service unless the Court or Tribunal, as the case may be, order that the supplier can store all or any part of the money paid or any other consideration that has been given by the user;

(b) in so far as the contract has been implemented at the time of cancellation, no party may by reason of the revocation of his rights on the dilucut any property transferred 68 laws of Malaysia Act 599 or money payable under the contract, except as provided under paragraph (a); and (c) in so far as the contract has not been implemented at the time of cancellation, no party is obliged or entitled to carry it out further.
(2) no nothing da lam subsection (1) bo. touching — (a) the right of a party to seek damages in respect of misrepresentation or repudiation or breach of contract by the other party;
(b) user rights to obtain damages under subparagraph 60 (1) (b) (ii) or subsection 60 (2) for failure to comply with this guarantee; or (c) user rights under this Act to reject goods supplied in connection with the service.
Power of court to grant relief side 65. (1) if the user cancel a contract for the supply of services under this Act, the Court, in any proceedings or on application made in that behalf, shall make such order or orders give relief under this section as it may deem fair and practical to do so.
(2) application for an order under this section may be made by — (a) users;
(b) a supplier; or (c) any other person who has incurred a loss.
(3) an order under this section shall — (a) vest at any party to the proceedings the whole or any part of any immovable property or movable property that is the subject of the contract or is the whole or part of the consideration therefor;
Consumer protection 69 (b) order any party to the proceedings so as to transfer or assign to any other parties or to give him ownership of the whole or any part of any immovable property or movable property that is the subject of the contract or is the whole or part of the consideration therefor;
(c) without prejudice to any right to obtain damages, direct any party to the proceedings to pay to any other party any sum of money that the Court considers fair; or (d) allow suppliers keep the whole or any part of any money paid or any other replies provided in respect of service under the contract.
(4) an order under subsection (1) or any of its provisions, can be made upon and subject to such terms or conditions as it thinks fit by the Court, which is not a term or condition that has the effect of preventing claims for damages by either party.
(5) in considering whether to make an order under this section, and in considering the terms and conditions that the Court intends to mengenakannya, the Court shall take into account the following: (a) any benefit or advantage obtained by the consumer by reason of anything done by the provider or for the purposes of the supply of such services;
(b) the value, in the opinion of the Court, any work or service carried out by the supplier in or for the purposes of the supply of such services;
(c) any expenses incurred by the user or supplier within or for the purposes of the implementation of the service;
70 laws of Malaysia Act 599 (d) the extent of the supplier or the user has or may have the contract as a whole or in part; and (e) any other matters the Court may think fit.
(6) no order under paragraph (3) (a) may be made if it would have the effect of depriving it from someone, who is not a party to the contract, ownership, or any estate or interest in, any property that diperolehnya in good faith and for valuable consideration.
(7) no order may be made under this section in respect of any property if any party to the contract has changed its position in relation to the property with such appearance, whether before or after the cancellation of the contract, taking into account all relevant circumstances, so that, in the opinion of the Court, it is not fair to any party to make such an order.
Part X LIABILITY RELEASE Interpretation Of 66. (1) in this part, unless the context otherwise requires — "agricultural products" means any revenue from land, livestock breeding or fisheries;
"products" means any goods and, subject to subsection (2), including a product contained in a product, whether by being a component parts, raw materials or otherwise;
"damage" means death or personal injury, or for any loss or damage to any property, including land, in accordance with the requirements of the State;
Consumer protection 71 "dependants" have the same meaning as in the civil law Act 1956 [Act 67];
"producer" in relation to a product, means — (a) the person mengilangkannya;
(b) in the case of a substance that is not manufactured, but are mined or abstracted, the mining or menyarikan such materials;
(c) in the case of a product that is not manufactured, mined or abstracted but importance characteristics was caused by an industrial process or another process which has been carried out, the person who has carried out the process.
(2) for the purposes of this part, a person who provides any output that therein contained products, whether by being a component parts, raw materials or otherwise, shall not be regarded as the supply of products contained in this release that's just because he supplies the product.
the meaning of "disability" 67. (1) subject to subsection (2) and (3), defects in a product for the purposes of this section if the security issue is not as expected by a person generally.
(2) in determining what is entitled to expect of a person generally in relation to a product, all the relevant circumstances must be taken into consideration include — (a) the manner in which, and the purposes for which, the product has been marketed;
(b) the methods of manufacturing such products;
(c) the use of any mark in relation to the product;
72 the laws of Malaysia Act 599 (d) instructions for or warning in respect of doing or not doing anything with or in connection with the product;
(e) what reasonably might be expected to be done by, or in connection with the product; and (f) the release time is supplied by the producer to others.
(3) no nothing in this section shall require the particular defect concluded just based on the fact that the safety of a product that came later was better than the security issue in question.
(4) for the purposes of this section, "security", in respect of products, shall include — (a) security in respect of the product contained therein;
(b) security in the context of the risk of damage to property; and (c) security in the context of the risk of death or personal injury.
Liability for defects of issue 68. (1) if any damage is caused wholly or partly by a defect in a product, the following person shall be liable for the defects: (a) the manufacturer of the product;
(b) a person who, by putting his name on the release or use of a trade mark or mark other differential in relation to the product, has submitted itself as the manufacturer of the product; and (c) the person who in the course of its business has been importing the product into Malaysia to supply it to someone others.
Consumer protection 73 (2) if damage is caused wholly or partly by a defect in a product, the person suffering the damage can in reasonable period after such damage occur ask suppliers so that to identify any or all of the persons referred to in subsection (1), whether he or she or they still exist or not.
(3) for the purposes of subsection (2), it is not important whether the supplier supplying defective products to — (a) the person suffering damage;
(b) the manufacturer of a product that contains the defective products; or (c) any other person.
(4) where a supplier fails to perform the request under subsection (2) within a reasonable time having regard to all the circumstances, the supplier shall be liable for the loss or damage.
(5) this section shall not apply to the person in respect of any defect in the products if the only supply of agricultural products by that person to another person has been made at the time of the agricultural products has not undergone any process industry.
(6) If two or more persons liable under this section for the same damage, liability shall be separate and in association.
(7) this section shall not affect any liability arising other than by means provided for under this section.

(8) the Minister may, by order published in the Gazette, declare that no proceedings may be brought before the Tribunal or any court in respect of any defect in any goods after the expiry of such period calculated from the date of manufacture of the goods or any class or group of such goods as specified in the order; and when the Declaration is made there are no proceedings may be brought in respect of the defect before the Tribunal or any court.
74 laws of Malaysia Act 599 extent of liability for loss or damage to 69. (1) if any damage is caused in whole or in part by a defect in a product, the liability of the person who is liable for such damage under section 68 shall not include any loss of or damage to — (a) the defective products;
(b) the whole or any part of the output that contains the defective products; or (c) any property that at the time of the lost or damaged property is not — (i) the property of a type ordinarily intended for adoption, occupancy or private consumption; and (ii) intended by the person who suffered the loss or damage is solely for adoption, occupancy or use your own.
(2) for the purposes of paragraph (1) (c), property loss or damage shall be deemed to have occurred at the time of the earliest people who have interests on the property have a knowledge of the material facts of the loss or damage.
(3) for the purposes of subsection (2) — (a) the material facts of any loss or damage to any property is any fact about loss or damage can cause a person of reasonable importance regarding the property assumes the loss or damage is sufficiently serious to warrant proceedings to seek damages against the defendant does not dispute the person discharging and able to satisfy a judgment against him;
Consumer protection 75 (b) a person's knowledge includes knowledge which he might reasonably expect to be memperolehnya — (i) from the fact that can be seen or ascertained by him; or (ii) of the facts confirmed by him with the help of appropriate expert advice which is reasonable for her to retrieve it: provided that a person shall not be deemed to have knowledge of the sesua tu the dapa fax ta t d t o lehnya ipas fish only with the help of expert advice only unless he failed to take all reasonable steps to obtain and , if appropriate, to act on the advice.
application of other written law 70. (1) for the purposes of a claim under the civil law Act 1956, any damage for which a person is liable under section 68 shall be deemed to have been caused by the Act, neglect or default of one of the person.
(2) if the person suffering damage caused wholly or partly by a defect in a product off after incurring such damage, the request to the supplier under subsection 68 (3) may, for the purposes of a claim under the civil law Act 1956 made by the personal representatives or dependants the dead, as the case may be.
(3) if any damage is caused in part by a defect in a product and partly by the fault of the person suffering the damage, civil law Act 1956 shall have effect as if the defect was the offence of every person who is liable under this part for damage caused by the defect.
76 laws of Malaysia Act 599 (4) for the purposes of any law which gives jurisdiction in any court in respect of any matter, liability for damages under this section shall be deemed to be liability in tort.
(5) for the purposes of subsection (3), "offence" has the same meaning as in the civil law Act 1956.
Prohibition exemption from liability is 71. The liability of a person under this section to a person who has to bear the damage caused in whole or in part of a defect in a product, or to the dependants of that person, shall not be limited or excluded by any of the terms of the contract, notice or other provisions.
Defense 72. (1) in any civil proceedings under this section against any person in respect of a defect in a product, it shall be a defence if the person is showing — (a) that the defect is due to compliance with any requirement imposed under any written law;
(b) that he did not at any time provide the defective products to others;
(c) that the defect did not exist at the output at the time related;
(d) that the level of scientific and technical knowledge at the relevant time is not such a manufacturer or product with the same product in question can be reliably expected to detect the defect if the defect existed at the time of issue of the issuances under his control; or consumer protection 77 (e) that the defect that — (i) is a defect in a product contained therein applicable products ("next release"); and (ii) caused wholly by — (A) the design of the next release; or (B) compliance with the instructions given by the manufacturer of the next release by the manufacturer of the product concerned.
(2) for the purposes of subsection (1), the "relevant time" — (a) in relation to electricity, means the time the electricity generated, i.e. time before electricity is delivered or distributed; and (b) in relation to any other output, means — (i) if section 68 applies, the manufacturer supplying the release time to another person; and (ii) if section 68 does not apply, the release time is supplied by a person on whom the section 68 applies to another person.
Part Xi of the NATIONAL CONSUMER ADVISORY COUNCIL the establishment of the National Consumer Advisory Council 73. The Minister may establish an Advisory Council of Consumer Countries to advising it on the following matters: (a) in respect of consumer issues and the implementation of this Act;
(b) promotion of consumer protection and awareness in Consumer Affairs; and (c) any other matters that may be referred to it by the Minister for the proper and effective implementation of this Act and for consumer protection.
78 laws of Malaysia Act 599 Membership Council 74. (1) the Council shall consist of the following members: (a) the Secretary-General of the Ministry responsible for consumer affairs or his representative; and (b) not more than sixteen others representing the interests of consumers, manufacturers, suppliers, other non-governmental organizations and academic members.
(2) a Member referred to in paragraph (1) (b) — (a) shall be appointed by the Minister for a term not exceeding two years; and (b) shall be eligible for re-election after the expiration of his Office.
(3) the Minister shall appoint a Chairman and a Deputy Chairman from among the members of the Council.
temporary exercise of the functions of Chairman of the 75. (1) If for any reason the Chairman is unable to perform its functions or during any period of vacancy the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
(2) If for any reason the Chairman and Deputy Chairman of both is unable to perform the functions of the Chairman or during any period of vacancy the Chairman and Deputy Chairman, the Minister may appoint any member of the Council to carry out the functions of the Chairman.
(3) the Deputy Chairman or a member appointed under subsection (2), as the case may be, shall, within the period of he function of Chairman under this section, be deemed to be the Chairman.
Consumer protection 79 vacation of post 76. Office of a member of the Council referred to in paragraph 74 (1) (b) shall be empty — (a) when the member dies;
(b) when the member resigns with a letter addressed to the Minister; or (c) upon the expiry of his Office.
revocation of appointment of 77. The Minister may revoke the appointment of a member of the Council referred to in paragraph 74 (1) (b) — (a) if his actions, whether related to its obligations as a member of the Council or otherwise, is such a way that the worst is the name of the Council;
(b) if he becomes unable to perform his duties properly as a member of the Council;
(c) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years;
(d) if he is sentenced to bankrupt;
(e) if he is found or confirmed not of unsound mind or is otherwise incapable of managing his affairs; or (f) if he fails to attend meetings of the Council three times in a row without getting permission from the Chairman of the Council.
80 laws of Malaysia Act 599 resignation

78. A member of the Council appointed under paragraph 74 (1) (b) may at any time resign his Office by letter addressed to the Minister.
filling vacancy 79. If a member appointed under paragraph 74 (1) (b) cease to be a member of the Council, the Minister may appoint another person to fill the vacancy for the balance of the period for which the members clear the posts were appointed.
Secretary to the Council and the other officer 80. There shall be appointed a Secretary to the Council and other officers as may be necessary to assist the Council.
allowance of 81. Members of the Council appointed under paragraph 74 (1) (b) shall be paid such allowance as determined by the Minister.
The Council may invite others to attend meetings 82. (1) the Council may invite others to meetings or penimbangtel i t ian Majl is for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or the penimbangtelitian.
(2) any person invited under subsection (1) shall be paid such fees as determined by the Council.
Consumer protection the legitimacy of actions and proceedings 81 83. No action done or proceeding taken under this Act may be questioned on the ground — (a) a vacancy in the membership of, or defects in the formation of the Council; or (b) an omission, defect or ketidakteraturan that are not touching the merits of a case.
regulations relating to Council 84. The Minister may make such regulations as he may deem necessary or expedient with respect to this section.
Part Xia ADVERTISING COMMITTEE Committee advertising 84A. The Minister may establish a Committee known as the advertising Committee shall have the following functions: (a) to advise the Minister in any aspect in relation to advertising, including ads as opposed to part II of this Act;
(b) to examine complaints relating to advertisements;
(c) to issue or publish information relating to the nature and the characteristics of the goods or services that may affect the rights or cause damage to the user; and (d) to undertake such other matters as it deems fit by it in the performance of its functions in the most efficient or incidental to the performance of its functions.
82 the laws of Malaysia Act 599 Manning advertising Committee 84b. (1) the Committee shall consist of members of the Advertising of the following: (a) the Secretary General for the Ministry responsible for consumer affairs or his representative; and (b) not less than seven and not more than thirteen others, representing the interests of consumers, and any others, as may be deemed eligible by the Minister.
(2) a Member referred to in paragraph (1) (b) — (a) shall be appointed by the Minister for a term not exceeding three years; and (b) shall be eligible for re-election after the expiration of his Office.
(3) the Minister shall appoint from among the members Advertising a Chairman and Deputy Chairman.
the provisions of the Schedule apply to advertising Committee 84. (1) the provisions of the Schedule shall apply to members of the Advertising Committee.
(2) the Minister may, by order published in the Gazette, amend the provisions of the schedule.
regulations relating to advertising Committee extra-territorial effect. The Minister may make regulations that it considers necessary or expedient by him for the purpose of giving full effect to the provisions of this section.
Consumer protection 83 part Xii CONSUMER CLAIMS TRIBUNAL establishment of consumer Claims Tribunal 85. A tribunal known as the "consumer Claims Tribunal" shall be established.
Membership Of The Tribunal 86. (1) the Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a Chairman and a Deputy Chairman from among the members of the judicial and legal service; and (b) not less than five members — (i) that is a member of the judicial and legal service or a qualified person within the meaning of the legal profession Act 1976 [Act 166], the advocate Ordinance Sabah [Chapter 2] or the Sarawak Advocates Ordinance [Cap. 110], in accordance with the requirements of the State;
(ii) persons not included in subparagraph (i) but holds or held the position specified in the Fourth Schedule to the subordinate Courts Act 1948 [Act 92]; or (iii) any combination of members from subparagraph (i) or (ii).
(2) a Member referred to in paragraph (1) (b) — (a) shall hold office for a term not exceeding three years; and (b) shall be eligible for reappointment upon the expiry of his Office but not be appointed for more than three consecutive period.
84 laws of Malaysia Act 599 temporary exercise of functions of Chairman of the 87. If for any reason the Chairman is unable to perform its functions or during any period of vacancy the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
vacation of Office 88. The Office of a member of the Tribunal shall be vacated: (a) when the member dies;
(b) when the member resigns by written notice of three months to the Minister; or (c) upon the expiry of his Office.
revocation of appointment of 89. The Minister may revoke the appointment of a member of the Tribunal appointed under paragraph 86 (1) (b) — (a) if his actions, whether related to its obligations as a member of the Tribunal or otherwise, is such a way that the worst is the name of the Tribunal;
(b) if he becomes unable to perform his duties properly as a member of the Tribunal;
(c) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years;
Consumer protection 85 (d) if he is sentenced to bankrupt;
(e) if he is found or confirmed not of unsound mind or is otherwise incapable of managing his affairs; or (f) if he did not attend the trial Tribunal three times consecutive-also without getting permission from the Chairman.
the resignation of 90. A member of the Tribunal appointed under paragraph 86 (1) (b) may at any time resign his Office by giving notice in writing three months to the Minister.
filling vacancy 91. If a member cease to be a member of the Tribunal, the Minister may appoint another person to fill the vacancy for the balance of the period for which the members clear the posts were appointed.
The remuneration of 92. (1) the members of the Tribunal appointed under paragraph 86 (1) (a) shall be paid such allowances and other allowances as determined by the Minister.
(2) the members of the Tribunal appointed under paragraph 86 (1) (b) shall be paid: (a) daily allowance during the session the presiding Tribunal; and (b) received allowances for accommodation, travel and living, as determined by the Minister.
(3) Remuneration provided under subsection (1) and (2) shall be charged on the consolidated fund.
86 the laws of Malaysia Act 599 Secretary Tribunal and other officers 93. (1) a Secretary shall be appointed to the Tribunal and any number of officers necessary for carrying out the functions of the Tribunal.
(2) the Chairman shall have general control over the Tribunal officers.
(3) for the purposes of this Act, the Secretary of the Tribunal shall be deemed to be an officer of the Tribunal.
94 public servants. All employees and officers of the Tribunal, while on their obligations as members and such officer, shall be deemed to be public servants within the meaning of the Penal Code.
No action against Tribunal 95. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings to the Tribunals or against any member or officer of the Tribunal in respect of any act, neglect or default made or done by him upon such property.
The Trial Tribunal 96. (1) the jurisdiction of the Tribunal shall be exercised by any person the following sitting alone: (a) the Chairman of the Tribunal;
(b) the Deputy Chairman of the Tribunal; or (c) any member of the Tribunal elected by the Chairman.
Consumer protection 87 (2) the Tribunal may meet in two or more conferences on the day and time and place as determined by the Chairman.
(3) if the Chair of any proceedings in respect of a claim dies or becomes disabled, or for any other reason will not be able to complete the hearing or membereskan the proceedings, the proceedings shall be heard by one member of the other Tribunal, unless the parties agreed the proceedings be continued by one other Member of the Tribunal.
(4) If the period of the appointment of any member of the Tribunal under this section expires during any proceedings pending in respect of a claim, the period of his appointment shall be deemed to have been extended until the claim is disposed of to the final.
commencement of proceedings

97. a user can submit to the Tribunal a claim in the prescribed form together with the prescribed fee claim for any loss incurred on such things about its importance as a consumer under this Act.
The jurisdiction of the Tribunal 98. (1) subject to section 99 and 100, the Tribunal shall have jurisdiction to hear the claim of the user within this Act include claims of any goods and services for which there is no redemption and loss mechanism provided under any other law and if the total amount in respect of which the award Tribunal requested shall not exceed * twenty-five thousand dollars.
* NOTE — Formerly the jurisdiction of the Tribunal "ten thousand dollars" – see the Consumer Protection Act (Amendment) Act 2003 [Act A1199].
88 the laws of Malaysia Act 599 (2) subject to subsection (1), one of the formation to a claim may raise a debt or claim a certain amount as — (a) advocacy; or (b) a counterclaim.
(3) if the opponents raise a debt or claim a certain amount in the manner specified in subsection (2) the Tribunal shall — (a) give effect to the defence; or (b) hear and determine counterclaims that even the original claim has been withdrawn, abandoned or cancelled.
(4) any claim submitted to the Tribunal may include loss or damage arising.
restriction of the jurisdiction of the 99. (1) except as expressly provided under this Act, the Tribunal shall not have jurisdiction with respect to any claim of — (a) for the recovery of lands, or any estate or interest on the land;
(b) the question of title to any land, or any estate or interest on the land, or any franchise;
(c) containing disputes — (i) the right of any person under a last will or provision of, or death due to not bequeath (including death not bequeath partial);
(ii) the name of the good;
Consumer protection 89 (iii) any right in action; or (iv) any trade secret or other intellectual property;
(d) when any tribunal was established through any other written law to hear and determine claims about forming matter the claim.
(2) the jurisdiction of the Tribunal should be limited to a claim based upon a cause of action accrued within three years from the claim.
(3) Nothing in this section shall be deemed to permit the Tribunal to hear a claim arising from personal injury or death.
(4) for the purposes of subsection (1), "land" shall not include fixtures.
the expansion of jurisdiction agreements 100. (1) Although the amount or value of the matter claimed or disputed more than * twenty-five thousand dollars, the Tribunal shall have jurisdiction to hear and determine a claim if the pihak-pihaknya has made an agreement in writing that the Tribunal shall have jurisdiction to hear and determine the claim.
(2) an agreement may be made under subsection (1) — (a) before the claim is submitted under section 97; or (b) If a claim has been made under section 97, there is any time before the Tribunal record agreed solutions in respect of the claim under subsection 107 (3) or have decided the claim under section 112, in accordance with the requirements of the situation.
* NOTE — Formerly "ten thousand dollars" — see the Consumer Protection Act (Amendment) Act 2003 [Act A1199].
90 laws of Malaysia Act 599 relics to bring the claim within the jurisdiction of 101. (1) the claimant can leave any amount of a claim in excess of * twenty-five thousand dollars in order to bring the claim within the jurisdiction of the Tribunal.
(2) If a part of a claim have been abandoned under subsection (1), the Tribunal record for an agreed solution under subsection 107 (3) or the award Tribunal under section 112, in accordance with the requirements of the State, in relation to the claim shall become effective in order to release the person — (a) the parties to the agreed solution; or (b) against whom claims and award due to it being made, from liability in respect of the amount left so.
Cause of action cannot be divided into 102. Claims cannot be divided, or more than one claim brought, in respect of the same thing against the same party for the purpose of bringing it into the jurisdiction of the Tribunal.
103. (Cut by A1381 Act).
removal jurisdiction of the Court 104. (1) where a claim is submitted to the Tribunal and the claim was within the jurisdiction of the Tribunal, the issue in dispute in the claim, either as * RECORDS — Formerly "ten thousand dollars" – see the Consumer Protection Act (Amendment) Act 2003 [Act A1199].
Consumer protection 91 shown in claims first or appeared during the hearing, cannot be a matter in the proceedings between the same parties in any court unless — (a) the proceedings before the Court have been instituted before the claim is submitted to the Tribunal; or (b) a claim in front of the Tribunal has been withdrawn, abandoned or cancelled.
(2) if paragraph (1) (a) applies, the issue in dispute in the proceeding with her claim related, either as shown in claims first or appeared during the hearing, cannot be a matter in the proceedings between the same parties before the Tribunal unless the claim before the Court has been withdrawn, abandoned or cancelled.
disposal of goods easily destroyed 105. If the claim is a matter easily destroyed goods and storage of goods while waiting for the final disposal of the claim involving the expense and complication is not reasonable, the Tribunal may, on the application of a party to the proceedings, may at any time order that — (a) the goods sold; and (b) the proceeds of sale shall be held to comply with the award made by the Tribunal under section 112.
Notice of claim and hearing 106. Apabi la a claim submitted under section 97, the Secretary of the Tribunal shall give notice of the particulars about the day, time and place of the hearing in the prescribed form to the claimant and opponents.
92 the laws of Malaysia Act 599 the negotiations on the settlement of 107. (1) the Tribunal shall, in respect of every claim within its purview, evaluating whether, in all the circumstances, it is proper for the Tribunal to help the parties negotiate an agreed solution in relation to the claim.
(2) without limiting the generality of subsection (1), the Tribunal shall be assessed taking into account any factors which, in the opinion of the Tribunal, may disfigure the ability of one or both parties to negotiate an agreed solution.
(3) if the parties reach a settlement of the dispute, the Tribunal shall agree and record the solution and the solution shall become effective as though the solution was the award of the Tribunal.
(4) where — (a) the Tribunal finds that it is not desirable for him helped the parties negotiate an agreed solution in relation to the claim; or (b) the parties are not able to reach an agreed solution in relation to the claim, the Tribunal shall decide the dispute.
The right to appear at the hearing of 108. (1) on the hearing of a claim every party is entitled to appear and be heard.
(2) no party may be represented by a barrister and solicitor at a hearing.
(3) subject to subsection (2) but notwithstanding section 37 of the legal profession Act 1976 — (a) a corporation or group of persons which are not incorporated can be represented by employees employed full-time;
Consumer protection 93 (b) a minor or any other person who is unable to be represented by the best friend of attorney or guardian ad litemnya.
(4) where a party is represented as provided under subsection (3), the Tribunal may impose such conditions as he may deem necessary to ensure that the other party to the proceedings is not at substantially less condition placed on the well.
proceedings shall be open 109. All proceedings before the Tribunal shall be open to the public.
Procedures shall be entered 109A. (1) subject to the other provisions of this Act, the proceedings of the Tribunal shall be conducted in accordance with the procedures as may be determined by the Tribunal and published under subsection (2).
(2) the Chairman shall cause to procedure determined under subsection (1) is written and published in the Gazette or in any other manner deemed fit by the Chairman.
Evidence of 110. (1) the Tribunal may — (a) seek and receive evidence swear or with a pledge, whether written or verbal, and examine all persons as witnesses, as may be deemed necessary by the Tribunal to be obtained, received or inspected;
(b) require the production of books, papers, documents, records or things in his presence;
(c) operate the oath, affirmation, or statutory declaration, in accordance with the requirements of the State;
94 laws of Malaysia Act 599

(d) seek and accept any evidence and make such other inquiry as he may deem fit;
(e) call for the parties to the proceedings or any others that appear before it to give evidence or produce any document, record or other thing in his possession or otherwise to assist the Tribunal in penimbangtelitiannya;
(f) receiving expert evidence; and (g) generally direct and do all things necessary or expedient for the purpose of speeding up the determination of the claim.
(2) a summons calling issued under this section shall be submitted and enforced as if it a summons issued by the lower courts.
Tribunal can act during the absence of the 111. The Tribunal may hear and determine the claim before it even if any party to the proceedings is not present if it is proved to the Tribunal is satisfied that notice of the hearing has been handed over to the parties is not present it accordingly.
112 The Tribunal Award. (1) the Tribunal shall make awardnya without delay and, if practicable, within sixty days from the first day of the hearing to begin in front of the Tribunal.
(2) an award of the Tribunal under subsection (1) may require one or more of the following: (a) that a party to the proceedings pay money to any of the other party;
(b) that the goods supplied or supplied in accordance with this Act or contract that a user may become a party to it;
Consumer protection 95 (c) so that goods supplied or supplied back to the user replaced or repaired;
(d) so that the prices or any other consideration paid or provided by the user or any other person be refunded to the user or the person;
(e) in order for a party to comply with the guarantee;
(f) so that the money awarded to compensate for any loss or damage suffered by the claimant;
(g) so that the contract is modified or waived in whole or in part;
(h) so that the cost for or against any party payable;
(i) so that flowers paid for any amount of money or financial award at a rate not exceeding eight per cent per annum, unless agreed otherwise between the parties;
(j) that the claim is rejected.
(3) no nothing in paragraph (1) (f) shall be deemed to authorize the Tribunal to award any damages for any loss of or damage to non-monetary.
Reference to a Judge of the High Court on a question of law 113. (1) before the Tribunal to make an award under section 112, the Tribunal may, in its discretion, refer to a judge of the High Court a question of law — (a) arising during the proceedings;
(b) which, in the opinion of the Tribunal, are sufficiently important to warrant the reference; and (c) a determination by a Tribunal that evoke, in the opinion of the Tribunal, sufficient doubt to warrant such reference.
96 laws of Malaysia Act 599 (2) if the Tribunal refer any question of law under section (1) of the decision of the High Court judge, the Tribunal shall make awardnya in compliance with the decision.
(3) Federal Counsel authorized by the Attorney General for that purpose can be present on behalf of the Tribunal in any proceedings before a judge of the High Court under this section.
Reasons for decision 114. The Tribunal shall in all proceedings give the reason for the award rendered in such proceedings.
orders and resolutions shall be recorded in writing 115. The Tribunal shall make or cause to be made a written record of the terms — (a) every agreed solutions reached by the parties under subsection 107 (3); and (b) every award made by them under section 112.
The decision of the Tribunal shall be final 116. (1) every solution agreed upon are recorded by the Tribunal under subsection 107 (3) and every award made by the Tribunal under section 112 — (a) shall be final and binding on all parties to the proceedings; and (b) shall be deemed to be the order of the magistrate's Court and enforced as appropriate by any party to the proceedings.
Consumer protection 97 (2) for the purposes of paragraph (1) (b), the Secretary of the Tribunal shall send a copy of the award made by the Tribunal to the magistrate's court having jurisdiction at the place which the award relates or in place of the award is made and the Court shall cause a copy of the note.
criminal penalties for failing to comply with 117. (1) any person who fails after fourteen days to comply with an award made by the Tribunal commits an offence and shall on conviction liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) in the case of continuous offences, offenders may, in addition to the penalties under subsection (1), to a fine not exceeding one thousand dollars for each day or part of a day for the offence continues after conviction.
Procedure where no provision is made 118. Subject to this Act and any regulations, the Tribunal shall adopt procedures it deems fit and proper.
The lack of form of 119. No proceedings Tribunal or award or other document may be waived or cancelled Tribunal due to lack of form.
disposal of documents, etc.
120. (1) the Tribunal may, at the conclusion of the proceedings before it, order that any documents, records, material or other property submitted during the proceedings dihantarserahkan to you punyanya valid or disposed of in such manner as it thinks fit.
98 laws of Malaysia Act 599 (2) If after a period of six months, no person shall take possession of the documents, records, material or other property referred to in subsection (1), ownership of the documents, records, material or other property shall be deemed to have been transferred to and be vested in the Government.
Act or omission made in good faith 121. No action or suit shall be instituted or maintained in any court against — (a) the Tribunal;
(b) the members of the Tribunal;
(c) a person authorized to act for or on behalf of the Tribunal, for any act or omission done in good faith in the performance of its functions and exercise of its powers under this Act.
regulations in respect of Tribunal 122. (1) the Minister may make regulations in respect of the Tribunal as may be necessary or expedient.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) prescribing the responsibilities and control of members of the Tribunal;
(b) establish a procedure Tribunal;
(c) prescribing forms;
(d) fix and impose fees and provide for the manner of collection and payment of the fee;
(e) prescribing any other matter are required to be prescribed under this section.
Consumer protection ENFORCEMENT Authority 99 part Xiii investigation 123. Someone Assistant Controllers shall have the authority to investigate the Commission of any offence under this Act.
Card power 124. Current Controller Assistant someone acting under this Act shall when required to declare his Office and submit to the person against whom he is acting or from whom he asks for any information of any card as instructed by the Controller so that carried by the officer.
inspection with warrant 125. (1) where a Magistrate found, the information given in writing and after such inquiry as he thinks necessary, that there is reasonable cause to believe that in any premises is or has occurred, any breach of this Act, the Magistrate may issue a warrant to authorise any Assistant Controller named in it into the premises at any reasonable time either during the day or night , with or without assistance and if necessary by force, and there — (a) a search and seize any goods, objects, books, documents, records or other things with its reasonable believed to be able to give evidence of a violation of this Act;
(b) take samples of any article or thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed; and the 100 laws of Malaysia Act 599 (c) make copies of or take extracts from any books, documents, records or other things found in the premises.
(2) where, by reason of the type, size or the lesser amount is not practicable to transfer any goods, objects, books, documents, records or other thing seized under subsection (1), the Controller Assistant shall, in any way, prevent goods, objects, books, documents, records or other things is in the premises or in the container in which the goods, objects, books, documents, records or other things that could be found.
(3) it shall be an offence if any person without a valid power break, interfere with or damage lak referred to in subsection (2) or transfer any goods, objects, books, documents, records or other things dilak or attempting to do so.
(4) an Assistant Controller who enters any premises under this section may bring with it people and other equipment as it deems necessary.

(5) an Assistant Controller may, in exercise of its powers under this section, if required to do so — (a) break open any door or in the premises and get into the premises;
(b) forceful entry into the premises and every part of the premises;
(c) transfer with violence any barriers to entry, search, seizure or transfer as he is authorized to do so; and (d) detain every person found in the premises until such place has been searched.
Search and seizure without a warrant 126. If one of the Assistant Controller in any of the circumstances referred to in section 125 has reasonable cause to believe that by reason of delay consumer protection 101 in obtaining a search warrant under section of that investigation will be affected or evidence of infringement that may be interrupted, removed, defaced or destroyed, the officer can get into the premises and perform in, on and in respect of premises that all the powers referred to in section 125 in a way that fully and adequately as if he is authorized to do so by a warrant issued under that section.
Items seized 127. (1) except as provided in subsection (2) and (3), where any goods, objects, books, documents, records or other things seized under this part, the officer shall seize provides a list of the things seized and promptly menghantarserahkan a copy signed by him to the occupier of the premises searched under section 125 or 126, or ask your agent or pekhidmatnya, the premises.
(2) where goods seized from a vending machine that officer shall immediately seize menghantarserahkan a copy of the list signed by him to the person's name and his address stated at the machine as the proprietor of the machine or, if there is no name or address specified, the premises occupants place the machine installed or mounted.
(3) where the premises were unoccupied, officers seize shall where possible patch list things seized it in conspicuous place in the premises.
The power to require the attendance of the person who has knowledge of the case 128. (1) an Assistant Officer who is carrying out an investigation under this Act may by order in writing require the attendance before it of any person who in the opinion of the Assistant Controller has knowledge of the facts and circumstances of the case, and such person shall attend as required.
102 the laws of Malaysia Act 599 (2) if any person refuses to attend as required, Assistant Controller may report such refusal to a magistrate shall issue a summons to ensure the presence of the person required by an order made under subsection (1).
examination of the people with knowledge of the case 129. (1) an Assistant Controller carrying out investigations under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case.
(2) such person shall be legally bound to answer all questions relating to the case addressed to it by the Assistant Controller, but that person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.
(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in total or in part in answering questions.
(4) an Assistant Controller that examine a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section, whether or not a warning was given to it under subsection 130 (2) shall, where may be reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be — (a) after the statement was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.
Consumer protection 103 statement is admissible as evidence of 130. (1) if any person charged with an offence under this Act, any statement, whether the statement is about addressing to a confessions or not or orally or in writing, made at any time, whether before or after the person charged and whether the current investigation under this Act or not and whether or not all or in part at answering the questions , by the person to or heard by an Assistant Controller and whether or not translated to him by an Assistant Controller or by some other person, notwithstanding the provisions of any other written law to the contrary, admissible in evidence in his trial and, if the person charged with the submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) a statement referred to in subsection (1) — (a) shall not be received or used under that subsection — (i) if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge that comes from people in authority and sufficient in the opinion of the Court to give the person charged with the reason that in its opinion it is reasonable to expect that by making the statement he will get any interest or avoid any comes to the worldly related with proceedings against him that; or (ii) in the case of a statement made by that person after he was arrested, unless the Court is satisfied that a warning was given to him in the following words or words of similar meaning: "it is my duty to warn you that you are not obliged declare something or answering 104 laws of Malaysia Act 599 any question, but anything you specify , either at answering a question or not, may be given in evidence. "; and (b) if made by any person before there's time for him to be warned, cannot be made to be inadmissible as evidence just because there is no warning given if the alert was given as soon as possible.
(3) Notwithstanding anything to the contrary contained in any law bertul is, a person charged with an offence to which subsection (1) applies is not obliged to answer any questions relating to the case after warning under subsection (2) has been given to him.
forfeiture of goods, etc., seized 131. (1) any goods, objects, books, documents, records or other things seized in exercise of any power conferred under this Act shall be dilucuthakkan.
(2) an order for forfeiture or for the release of any article, things, book, document, record or other thing seized in exercise of any power conferred under this Act shall be made by the Court before which the prosecution in respect of goods, objects, books, documents, records or other things that have been carried out and an order for the forfeiture of goods, objects, books, documents, records or other things shall be made if it is proved to the Court is satisfied that an offence under this Act have been committed and that goods, objects, books, documents, records or other things that matter is or was used in the Commission of the offence, though none has been convicted of the offence.
(3) if there is no prosecution in respect of any goods, objects, books, documents, records or other things seized in exercise of any power conferred under this Act, goods, objects, books, documents, records or other things shall be taken and deemed to have been dilucuthakkan when consumer protection 105 expires one calendar month from the date of service of the notice at the address last known to the person from whom the goods , things, book, document, record or other thing is seized indicating that no prosecution has been made in respect of goods, objects, books, documents, records or other things that, unless a claim thereto made prior to that date in the manner specified in subsection (4), (5) and (6).
(4) any person who asserts that he is the owner of the goods, things, book, document, record or other thing referred to in subsection (3) and that goods, objects, books, documents, records or other thing shall not be dilucuthakkan can give personally or by his agent authorized in writing a notice in writing to the Assistant controller in its custody of goods, objects, books, documents, records or other things that held that he demanded goods , things, books, documents, records or other things.
(5) when the notice referred to in subsection (4) is received, the Assistant Controller shall refer the matter to a Magistrate to get the results.

(6) a magistrate to whom a matter referred to it under subsection (5) shall issue a summons requiring the person who pointed out that he is the owner of goods, objects, books, documents, records or other things and people from whom goods, objects, books, documents, records or other things seized, to appear before the Magistrate, and when they are present or when they are not present, but delivery of summons accordingly has been proved , The Magistrate shall proceed with examination of the matter and when proven that an offence under this Act has been committed and that goods, objects, books, documents, records or other things that matter is or was used in the Commission of that offence, shall order that goods, objects, books, documents, records or other things that dilucuthakkan, and shall, in the absence of such proof, ordered its divestment.
(7) any goods, objects, books, documents, records or other things dilucuthakkan or dilucuthakkan shall be deemed to be dihantarserahkan to the Assistant Controller and shall be disposed of in accordance with the directions of the magistrate.
106 the laws of Malaysia Act 599 (8) If any article, things, book, document, record or other thing seized in exercise of the powers conferred under this Act is of the type that easily destroyed or by tabiinya lekas damaged or if care goods, objects, books, documents, records or other things that involve expense and complication is not reasonable, or is believed to cause interference and dangerous to the public , The controller may direct that goods, objects, books, documents, records or other things is sold at any time and the proceeds held pending the results of any prosecution under this Act.
The cost of holding goods, etc., seized 132. If any article, things, book, document, record or other thing seized under this Act held in the custody of the Government pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding the thing in custody shall, in the event that any person found guilty of an offence, being a debt due to the Government by the person and shall be obtained accordingly.
There are no costs or damages arising from seizure can be obtained 133. No person shall, in any proceedings before any court in respect of the seizure of any goods, objects, books, documents, records or other 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.
the whistleblower protection 134. (1) Save as hereinafter provided, no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause she known.
Consumer protection 107 (2) if any books, documents, records or papers that constitute or that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause she known, the Court shall cause to such closed all paragraphs of sight or deleted only to the extent necessary to protect the informer of the unknown.
(3) if in proceedings for any offence under this Act the Court after a full investigation of the case believe that the informant intentionally make in aduannya a statement material that he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing who the informant , it shall be lawful for the Court to require production of the original complaint, if written, and allow investigations, and require full disclosure of the informant.
Gift for information 135. 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 not exceeding half of the fine in such rate as the Court may think fit to people who provide information leading to the conviction.
Loss or destruction of goods, etc., to be seized 136. Any person causing the loss or destruction of any goods, objects, books, documents, records or other things to be seized under this Act with the intent to prevent seizure is guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both.
108 the laws of Malaysia Act 599 Offences in respect of information 137. (1) any person who — (a) submit false information in any application, report or other document under this Act;
(b) deliver or cause to be given any particulars, information or false statement in respect of any matter to any Assistant Controller required by the officer so given under this Act;
(c) refuses to answer or give a false answer to any question submitted to it by any of the Assistant Controller for the purpose of obtaining any details, information or statements that are required to be given under this Act; or (d) fails or refuses to produce any documents as may be required by any Assistant Controller, commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) no nothing in subsection (1) may be defined as requiring any person to answer any question or give any information if the information or answers may tend to expose him to a criminal charge or penalty or forfeiture.
Obstacles to the Assistant Controller of 138. Any person that prevent, thwart, attack or disturb any of the Assistant Controller in the implementation of its functions under this Act commits an offence.
Consumer protection the use of confidential information 139 109. (1) any person who uses any confidential information obtained by reason of the provisions of this Act commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
(2) no nothing in subsection (1) shall prevent the disclosure of information if the disclosure is made — (a) for or in connection with the proper administration of this Act;
(b) for the purposes of any legal proceedings;
(c) for the purposes of any investigation conducted under this Act;
(d) to any of the consultants to the Government or to any officer or approved in writing by the Minister as the person who should receive the information; or (e) for or in connection with the provision of statistics by the Government in respect of travel of this Act.
Section XiV GENERAL And MISCELLANEOUS Receipts Of 140. (1) a person who supplies or offers to supply any goods or services shall give a receipt to the user for any purchase of goods or services exceeding the specified value.
(2) Notwithstanding anything contained in subsection (1), the user shall be provided a receipt for any purchase of goods or services, if requested by the user.
110 laws of Malaysia Act 599 (3) a receipt issued under this section shall contain the following details: (a) the trade name and address of the supplier;
(b) date of purchase;
(c) the amount of money paid for each item purchased;
(d) the total amount of money that has been paid including a separate statement for any amount paid as tax;
(e) if applicable, the make and model number of the goods; and (f) any other particulars that may be prescribed in the regulations.
(4) the Minister may, by order published in the Gazette, exempt any business or class of business from this section.
(5) any person who contravenes this section commits an offence.
The power to order compliance 141. (1) where the controller has reasonable grounds to believe that someone is violating or has violated, violates this Act almost, the controller may make an order requiring that person — (a) stop the infringement;
(b) abstain so as not to commit a violation or violation deemed think to do that; or (c) refrain from any further violations of this Act.
Consumer protection 111 (2) a copy of an order made under subsection (1) shall be given to all persons named therein together with the written reasons for the order, and that order shall become effective once submitted.
(3) for the purposes of this section, delivery can be made personally, or by registered post, telegram, an acknowledgement of posting facsimile or any other electronic means or any other means of delivery that resulted in the order submitted in writing to the person named therein.

(4) the power to issue an order under subsection (1) may be exercised by the controller or by any person authorized in writing by the Controller.
Failure to comply with a valid order 142. Any person who fails to comply with any written order issued by the controller or any officer authorized in writing by the Controller commits an offence under this Act.
Offences by body corporate 143. If an offence under this Act has been committed by a body corporate, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or purporting to act on any such property, shall, together with the body corporate, be deemed to have committed the offence unless he proves that the offence was committed without the knowledge , consent or pembiarannya and that he has taken reasonable precautions and have carried out due diligence to prevent the Commission of the offence.
112 laws of Malaysia Act 599 Offences by employees, agents or employees agents 144. If an offence has been committed under this Act — (a) by an employee;
(b) an agent; or (c) an employee agents, any person ("principal"), the principal shall be deemed to have committed the offence unless he proves that — (aa) the offence was committed without his knowledge or that he has taken reasonable precautions to prevent the Commission of the offence; and (bb) the offence done — (i) in the case of an employee, outside the area of its work;
(ii) in the case of an agent, when the agent is not acting on behalf of principals; or (iii) in the case of an employee of the agent, beyond the field of work with the agent or otherwise on behalf of the agent.
penalties am 145. (1) any person who is convicted of an offence under this Act for which no penalty expressly provided for a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both, and for the second time or time can then be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.
Consumer protection 113 (2) any body corporate convicted of an offence under this Act for which no penalty expressly provided for a fine not exceeding one hundred thousand dollars, and for the second time or time can then be liable to a fine not exceeding two hundred thousand dollars.
(3) any person or body corporate who is convicted of an offence under this Act shall, in the case of a continuing offence, liable to a fine, in addition to the penalty provided under this Act, does not exceed one thousand dollars for each day or part of a day such offence continues after conviction.
Compounding of offences 146. (1) the controller or a Deputy Controller, or any person authorized in writing by the Controller, with the written consent of the public prosecutor can mengkompaunkan any offence, committed by any person under this Act, other than under section 138 and 139, by making an offer in writing to that person for the offence mengkompaunkan on payment of an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time specified in the offer to Controller, or Deputy Controller or any person authorized in writing by the Controller.
(2) an offer under subsection (1) may be made at any time after the offence, 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 such extension as may be allowed by the controller or the Deputy Controller or any person authorized in writing by the Controller , a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
114 laws of Malaysia Act 599 (3) where an offence has is compounded under subsection (1) — (a) no prosecution can then started in respect of the offence against a person to whom an offer for mengkompaunkan is made; and (b) any goods, objects, books, documents, records or other thing seized in connection with the offence shall be released immediately.
(4) any money paid to the controller or the Deputy Controller or any person authorized in writing by the Controller, as the case may be, under this section shall be paid into and form part of the Federal Consolidated Fund.
an initial prosecution 147. No prosecution for or in relation to any offence under this Act shall be instituted without the written permission of the public prosecutor.
Jurisdiction to try the offence of 148. Notwithstanding any law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.
protection of officials 149. No action or prosecution can be brought, instituted or maintained in any court against — (a) the controller, Deputy Controller, Assistant Controller or any other officer duly appointed under this Act for or for or in respect of any act which ordered or performed for the purpose of implementing this Act; Consumer protection and 115 (b) of any other person for or for or in respect of any act done or purporting to be done under an order, direction or instruction Controller, Deputy Controller, Assistant Controller or any other officer duly appointed under this Act if the act done in good faith and reasonable belief that the Act necessary for the purposes that are intended to be achieved by it.
150 regulations. (1) the Minister may make regulations as are necessary or expedient for the purpose of carrying out the provisions of this Act.
(2) in particular and without prejudice to the generality of subsection (1), such regulations may — (a) prescribing, in respect of any type of goods or services or any class or classes of goods or services, a standard user information about any or all of the following: (i) disclosure of information, relating to the type, grade, quantity, origin, implementation, maintenance, composition, content, design, construction, use, price, packaging, packaging , promotion or supply of goods or services thereof; and (ii) form or manner that information will be disclosed when made or in respect of or in connection with the supply or supply or promotion of supply of the goods or services;
(b) prescribing any forms for the purposes of this Act;
(c) generally dictate and assign fees under this Act and how to collect and pay the fee;
116 the laws of Malaysia Act 599 (d) prescribing the particulars required to be included in a receipts and the value of transactions for which a receipt is required and for this purpose "can set different values for different transactions; and (e) provide for any matter that under this Act is required or permitted to be prescribed or as are necessary or expedient to set for the implementation of this Act.
table [section 84] ADVERTISING COMMITTEE temporary exercise of the functions of the Chairman 1. (1) If for any reason the Chairman is unable to perform any of its functions or during any period of vacancy the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
(2) If for any reason both the Chairman and the Deputy Chairman is unable to perform the functions of the Chairman or during any period of vacancy the Chairman and Deputy Chairman, the Minister may appoint any member of the Advertising Committee to perform the functions of the Chairman.
(3) the Deputy Chairman or members appointed under subparagraph (2), as the case may be, shall, within the period of he function of the Chairman are deemed to be Chairman.
(4) in this paragraph, "the Chairman" and "Deputy Chairman" means the Chairman and Deputy Chairman of Committee of advertising each masingnya.
vacation of Office 2. Office of a member of the Committee on advertising 84B referred to in paragraph (1) (b) of this Act shall be vacated: (a) when the member dies;
(b) when the member resigns with a letter addressed to the Minister; or (c) upon the expiry of his Office.
Consumer protection 117 revocation of appointment 3. The Minister may revoke the appointment of a member of the advertising Committee referred to in paragraph 84B (1) (b) of this Act — (a) if his actions, whether related to its obligations as a member of Committee of advertising or otherwise, is such a detrimental name Advertising Committee;
(b) if he becomes unable to perform his duties properly as a member of the advertising Committee;

(c) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for a term exceeding two years;
(d) if he is sentenced to bankrupt;
(e) if he is found or confirmed not of unsound mind or is otherwise incapable of managing his affairs; or (f) if he fails to attend meetings of advertising three times in a row without written permission from the Chairman of the advertising.
the resignation of 4. A member of the Advertising Committee appointed under paragraph 84B (1) (b) of this Act may at any time resign his Office by letter addressed to the Minister.
filling vacancy 5. If a member appointed under paragraph 84B (1) (b) of this Act cease to be a member of the Advertising Committee, the Minister may appoint another person to fill the vacancy for the balance of the period for which the members clear the posts were appointed.
Advertising Committee Secretary and other officer 6. The Minister may appoint a Secretary of advertising and other officers as may be necessary to assist the Committee on advertising.
118 laws of Malaysia Act 599 allowance 7. Advertising Committee members appointed under paragraph 84B (1) (b) shall be paid such allowance as determined by the Minister.
8 experts. (1) Advertising Committee may invite experts or experts in the field or certain areas — (a) to attend meetings or deliberations of advertising for the purpose of advising the Committee Advertising on such matters; or (b) to consider or perform any matter entrusted by the advertising and make such other matters as it deems fit and necessary by the advertising Committee.
(2) Expert or experts invited under subparagraph (1) may be paid such fees as determined by the Minister.
Validity of acts and proceedings 9. No action done or proceeding taken under this Act may be questioned on the ground — (a) a vacancy in the membership of, or defects in the formation of the Advertising Committee; or (b) an omission, defect or irregularity which does not affect the merits of a case.
Annual report 10. Advertising Committee shall prepare annual reports concerning the implementation of the Committee's function of advertising to the Minister.
119 the consumer protection laws of MALAYSIA Act 599 consumer protection ACT 1999 LIST AMENDMENT of laws that amend the short title of the Act in force Act A1298 A1199 A1381 Consumer Protection Act Act (Amendment) 2003 Consumer Protection Act 2007 (Amendment) the Consumer Protection Act (Amendment) order 2010 01-09-2003 15-08-2007 01-02-2011 120 laws of Malaysia Act 599 laws of MALAYSIA Act 599 consumer protection ACT 1999 LIST SECTION AMENDED Section Power amend with effect from 2 9 11 23 24a – 21a 24j 53 84a – 86 98 extra-territorial effect
99 100 101 103 146 Table 109a A1298 Act Act Act Act A1381 A1381 A1381 A1381 Act Act Act A1381 A1381 A1381 Act Act Act Act A1381 A1199 A1199 A1199 A1381 Act Act Act Act A1199 A1199 A1199 Act Act Act A1381 A1381 A1381 Act 15-08-2007 01-02-2011 01-02-2011 01-02-2011 01-02-2011 01-02-2011 01-02-2011 01-02-2011 01-02-2011 01-09-2003 01-09-2003 01-02-2011 01-09-2003 01-09-2003 01-09-2003 01-02-2011 01-09-2003 01-02-2011 01-02-2011

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