Malaysian Biofuel Industry Act 2007

Original Language Title: Malaysian Biofuel Industry Act 2007

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Malaysian biofuel industry 1 laws of MALAYSIA Act REPRINTING 666 Malaysian biofuel industry Act 2007 As at 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act 666 date of Assent...... July 18, 2007 date published in the Gazette and. .. 26 July 2007 Malaysian biofuel industry 3 laws of MALAYSIA Act 666 Malaysian biofuel industry Act 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. The laws that prevail over part II SET and LICENSING 4. Activity set 5. Requirements for licence 6. Licensing authorities 7. Application for licence 8. Issuance of licence 9. License shall be displayed and submitted 10. Transfer of licence 11. Assignees a licence 12. Cancellation or suspension of licence 13. The appeal 14. Power of Minister to give directions 15. Power of Minister to make regulations about licensing of 4 laws of Malaysia Act 666 part III POWERS RELATING to enforcement, SEIZURE, ARREST, etc.
Section 16. Appointment of enforcement officers 17. Power of investigation 18. Card power 19. Power to arrest 20. Search and seizure warrants with 21. Search and seizure without a warrant 22. Power to enter the premises of 23. Access to computerized data 24. Seizure of objects, etc.
25. The authority to stop, search and seize the carrier 26. List of things seized 27. Temporary return of carrier, etc.
28. The sale and disposal of fuel seized 29. The power to require the attendance of the person who knew the case 30. Examination of person who knew the case 31. Admissibility of statements as evidence 32. Forfeiture of fuel, etc., seized 33. Property rights on fuel, etc., that dilucuthakkan 34. Fuel emissions, etc., seized 35. Enforcement officers can get help to check things related to offences 36. Authorized to collect a sample of 37. Procedure for taking a sample of 38. The appointment of 39 analysts. Certificate of analysis of 40. Inspection or testing fuel seized 41. The cost of holding the fuel, etc., seized 42. There are no costs or damages arising from seizure can be obtained 43. The power of the licensing authority to require information about the fuel, etc.
Malaysian biofuel industry 5 44. The extra power 45. Mengamang or prevent enforcement officers become offences part IV GENERAL 46. Compounding of offences 47. An initial prosecution 48. Mergers offence 49. Offences by body corporate 50. The whistleblower protection 51. Protection from legal action and legal proceedings 52. 53 public servants. Power to exclude 54. Amendment of schedule 55. Rules 56. The transitional provisions of the first schedule Second Schedule section 6 laws of Malaysia Act 666 Malaysian biofuel industry 7 laws of MALAYSIA Act 666 Malaysian biofuel industry Act 2007 an act to provide the mandatory use of biofuel, licensing activities relating to biofuel and for matters related and incidental to it.
[1 August 2008; P.u. (B) 331/2008] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian biofuel industry Act 2007.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the coming into operation of different provisions of this Act in different parts in the country.
Interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"biofuel" means any fuel, whether solid, liquid or carbonated, produced from biomass;
8 laws of Malaysia Act 666 "biomass" means the biodegradable fraction of any release, waste and waste from agriculture (including crop and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;
"prescribed" means prescribed by regulations made under this Act;
"sea" includes inland waters;
"licence" means a licence issued under section 8;
"Minister" means the Minister charged with the responsibility for biofuel;
"enforcement officer" means any person appointed under section 16;
"licensee" means the person to whom a licence issued under section 8;
"carrier" means any vehicle, vessel, ship, aircraft or any other means of transportation, whether by air, sea or land;
"licensing authority" means authorities of licensing referred to in section 6.
The laws that prevail over 3. (1) the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law relating to fuel.
(2) in the event of any conflict or inconsistency between the provisions of this Act with the provisions of any other written law relating to biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel, the provisions of this Act shall apply, to the extent of the inconsistency or conflict.
Malaysian biofuel industry 9 part II SET and LICENSING Activity set 4. The Minister may prescribe — (a) the type of biofuel that is specified in the first schedule and peratusannya by volume for mixed in any fuel; or (b) any activity for which the use of biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel should be made mandatory.
Requirements for licences 5. (1) No person shall — (a) start to build any plant or plant biofuel blending biofuel;
(b) remove any biofuel;
(c) blending any biofuel with any fuel or other biofuel;
(d) exporting any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel;
(e) import any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel;
(f) carry any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel-related upstream activities;
(g) saving any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel-related upstream activities;
10 laws of Malaysia Act 666 (h) measure any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel; or (i) examine any biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel, without a valid license issued under this Act.
(2) for the purposes of subsection (1), "biofuel" refers to biofuel as specified in the first schedule.
(3) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
6 licensing authorities. Persons specified in the first column of the Second Schedule shall be the licensing authority in respect of biofuels of the second space appearing with him.
application for licence 7. (1) an application for a licence shall be made in writing to the licensing authority in the prescribed manner.
(2) every application under subsection (1) shall be accompanied by any document or information that may be prescribed.
(3) the licensing authority may in writing at any time after receipt of the application and before the application is determined, require the applicant provide any document or additional information within the time specified by the licensing authority.
(4) If subsection (1), (2) or (3) are not complied with, the application for such licence shall be deemed to be forfeited and cannot be Malaysian biofuel industry 11 continue, but without prejudice to new applications made by the applicant.
issuance of licence 8. (1) after giving due consideration to an application made pursuant to section 7, the licensing authority can approve or reject the application.
(2) If an application for a licence is approved, the licence shall be issued with the payment of the prescribed fee.
(3) the license shall be issued subject to such conditions or restrictions as it thinks fit imposed by the licensing authority.
License shall be displayed and submitted 9. (1) the licensee shall at all times display his/her license in a conspicuous place in the premises of the business carried out and shall submit the license if required to do so by the licensing authority or any enforcement officers.

(2) a licensee that fails to display or submit his/her license under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
transfer of licence 10. (1) no license shall be transferred from the holder of a licence to any person without the prior approval in writing of the licensing authority.
(2) a licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
12 laws of Malaysia Act 666 (3) the licensing authority may approve the transfer of ownership of a licence if — (a) the licensee dies or becomes disabled or bankrupt;
(b) in the case of a company, the holder of the licence has been wound up or a receiver or Manager has been appointed in respect of the business of the licensee; or (c) for any reason the licensing authority is satisfied that it is not fair if the license does not transfer ownership.
(4) an application for the transfer of a licence shall be made in writing to the licensing authority.
Assignees a licence 11. (1) licensee may not assign any rights, duties, liabilities or obligations under his/her license to others.
(2) a licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
cancellation or suspension of licence 12. (1) the licensing authority may revoke or suspend any license if the licensing authority is satisfied that — (a) any provision of this Act or any other written law or that any license terms are not complied with;
(b) the issuance of a licence is due to a false representation of fact by or on behalf of the licensee;
(c) the original purpose of such licence issued no longer exist; or the Malaysian biofuel industry 13 (d) the licensee has ceased carrying on or conducting any activity biofuel for which the license was issued.
(2) Notwithstanding subsection (1), the licensing authority may not revoke or suspend a licence by reason of the breach referred to in subsection (1) unless the licensing authority is satisfied, after giving the licensee an opportunity to make representations in writing that he wishes to make, that the license should be revoked or suspended.
(3) where a licence has been cancelled or suspended, the license is no longer in force from the date of cancellation or during the period of suspension, as the case may be.
the appeal 13. (1) any person aggrieved — (a) by the refusal of the licensing authority to issue the licence; or (b) the cancellation or suspension of licences, may, within thirty days after being notified in writing of the refusal, cancellation or suspension, appeal in writing against such decision to the Minister.
(2) the Minister may, after considering an appeal is made under subsection (1), confirm or set aside the decision of the dirayukan, and the decision of the Minister shall be final.
(3) an appeal made under this section shall be accompanied by the prescribed fee.
Power of Minister to give directions 14. (1) the licensing authority shall be responsible to the Minister.
(2) the Minister may give general instructions that are consistent with this Act to licensing authorities.
14 laws of Malaysia Act 666 (3) the licensing authority shall perform all instructions given under this section as soon as possible.
Power of Minister to make regulations about licensing 15. (1) the Minister may make regulations for all or any of the following purposes: (a) prescribing the manner of applying for a licence under this Act, the fee required to be paid to him, conditions to be imposed and the power to restrict the number of licenses;
(b) establish a procedure about the cancellation and suspension of license; and (c) establish a procedure of appeal.
(2) regulations made under subsection (1) may provide that any act in violation of the regulations to be an offence and may prescribe punishment of a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or both for the offence.
Part III Of The POWERS RELATING To Enforcement, SEIZURE, ARREST, Etc.
appointment of enforcement officers 16. The Minister may in writing appoint any number of enforcement officers who are necessary for the purposes of this Act.
Power of investigation 17. Someone enforcement officers shall have all the powers necessary to carry out an investigation under this Act.
Malaysian biofuel industry 15 Card power 18. (1) there shall be issued to each enforcement officers a power card shall be signed by the Minister.
(2) whenever the enforcement officer exercising any power under this Act, he shall, when requested, submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
Power to arrest 19. (1) an enforcement officers may arrest without warrant any person — (a) who is found committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act; or (b) reasonably suspected by enforcement officers as involved in committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act.
(2) an enforcement officers who made the arrest under subsection (1) shall, without unnecessary delay is not necessary, bring the person arrested to the nearest police station, and thereupon such person shall be dealt with according to the law relating to criminal procedure currently in force.
Search and seizure warrants with 20. (1) where it appears in the magistrate's Court, based on the written information with vowed and after such inquiry as he may deem necessary, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or 16 laws of Malaysia Act 666 (b) in any premises evidence necessary for the conduct of investigations of the Commission of an offence, under this Act, the Magistrate may issue a warrant to authorise any enforcement officers named in the warrant, at any reasonable time either during the day or night and with or without the help of , enter the premises by force if necessary.
(2) a warrant issued under subsection (1) may authorize enforcement officers to — (a) search the premises and seize or remove from the premises any fuel, transport, machinery, tools, equipment, books, records, documents or other things reasonably believed to give evidence of the Commission of the offence;
(b) take samples of any fuel or anything found in the premises for the purpose of ascertaining, by testing or otherwise, whether it was committed; and (c) make copies of or take extracts from any books, records, documents or other things found in the premises.
(3) an enforcement officers entering any premises under this section may bring with him any person and other equipment as it deems necessary.
(4) an officer pengua t power bo., in the exercise of its powers under this section, if required to do so, — (a) break open any door or in the premises or any fences, blockades, gates or other barriers to the premises to get into the premises;
(b) remove by force any barriers to entry, search, seizure and removal which he is empowered to implement them under this section; Malaysian biofuel industry and 17 (c) detain any person found in such premises until the search is completed.
(5) where, by reason of the type, size or its recoverable amount, it is not practical to move any fuel, transport, machinery, tools, equipment, books, records, documents or other thing seized under this section, the enforcement officer shall, in any way, prevent fuel, transport, machinery, tools, equipment, books, records, documents or other things that in the premises or in the container in which it was found.
(6) any person who, without lawful authority broke, interfere with or damage lak referred to in subsection (5) or transferring fuel, transport, machinery, tools, equipment, books, records, documents or other things dilak or try to do so commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Search and seizure without a warrant

21. Where a enforcement officers had reasonable cause to believe that any fuel, transport, machinery, tools, equipment, books, records, documents or other things in respect of which an offence under this Act has been committed may be found in or on any premises, place, person, or carrier and that by reason of delay in obtaining a warrant under section 20 goal a search may be terkecewa , he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the place or premises;
(b) stop and inspect the person or carrier; and (c) seize any fuel, transport, machinery, tools, equipment, books, records, documents or other things may be found and can be a description of the offence.
18 laws of Malaysia Act 666 Power to enter premises 22. Notwithstanding sections 20 and 21, an enforcement officers may at any time enter any premises for the purpose of — (a) inspect any fuel, transport, machinery, tools, equipment, books, records, documents or other things as he may deem necessary;
(b) verify the accuracy of the records or statements or any information provided to enforcement officers; or (c) collecting samples of any fuel.
Access to computerized data 23. (1) any enforcement officers carrying out the search under this Act shall be given access to computerised data either stored in a computer or otherwise.
(2) for the purposes of this section, access shall be provided with a password, encryption, encrypting code code, software or hardware to be and any other means necessary to allow computerised data understandable.
seizure of objects, etc.
24. Without prejudice to subsection 20 (2) and section 21, any fuel, transport, machinery, tools, equipment, books, records, documents or other things reasonably suspected by an officer power amplifier has been used or will be used in the Commission of any offence under this Act may be seized and detained by the enforcement officers.
The power to stop, search and seize carriers 25. (1) where an enforcement officers had reasonable cause to suspect that any carrier that carries any fuel, machinery, tools, equipment, books, records, documents or other things in respect of a Malaysian biofuel industry 19 offences under this Act is being or has been committed, he may stop and inspect the carrier and may, if upon examination she had reasonable cause to believe that the carrier is being or has been used to commit the offence the transport and seal, and any fuel, machinery, tools, equipment, books, records, documents or other things found in the carrier reasonably believed to give evidence of the Commission of the offence.
(2) those who control or keep the carrier shall, if required to do so by enforcement officers — (a) discontinue the carrier and allow enforcement officers can inspect them; and (b) open all parts of the carrier for inspection and take all necessary measures to enable or facilitate the conduct of the examination as may be deemed necessary by the enforcement officers.
(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
List of things seized 26. (1) where any seizure made under this Act, enforcement officers making the seizure shall provide a list of fuel, transport, machinery, tools, equipment, books, records, documents or other things seized and free fuel, transport, machinery, tools, equipment, books, records, documents or other things that have been found and shall sign the list.
(2) the list provided in accordance with subsection (1) shall be submitted immediately to — (a) the occupier of the place or premises free of fuel, machinery, tools, equipment, books, records, documents or other things seized is found; and 20 laws of Malaysia Act 666 (b) those who control or keep the carrier if the seizure made under section 25.
(3) where seizure is made in or from any place or premises which are unoccupied, the enforcement officers shall be any may post up the list of things seized it so easily seen in a place or premises that.
(4) if the fuel, transport, machinery, tools, equipment, books, records, documents or other things seized other than in or from any place or premises, enforcement officers making the seizure shall give a notice in writing of the seizure and grounds of the seizure to the owner of the fuel, transport, machinery, tools, equipment, books, records, documents or other things seized it by submitting a copy of the notice to the owner itself or by post to the place of business or residence.
(5) notice under subsection (4) is not to be given if the seizure is made in the presence of or with the knowledge of the owner.
temporary return of carrier, etc.
27. (1) if any carrier, machinery, apparatus or equipment seized under this Act, the Court may temporarily return transport, machinery, apparatus or equipment to the owner of the carrier, the machinery, equipment or the equipment or person of the possession, custody or control it seized, subject to such terms and conditions as may be imposed by the Court, and is subject, however, to guarantee adequate given until the Court is satisfied that the carrier equipment, machinery, or equipment shall be surrendered to the Court when requested and that the terms and conditions, if any, shall be complied with.
(2) if any carrier, machinery, apparatus or equipment seized temporarily returned under subsection (1), a person who — (a) not surrender the carrier, the machinery, equipment or fittings thereof to the Court when requested; or the Malaysian biofuel industry 21 (b) contravenes any term or condition imposed under subsection (1), commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
sale and disposal of fuel seized 28. (1) enforcement officers may at any time direct that any fuel seized under this Act the disposal proceeds sale and held pending the results of any prosecution under this Act if — (a) the fuel had easy declined;
(b) care of the fuel expense and trouble involved unreasonable;
(c) there is a lack or absence of adequate or appropriate facilities to store the fuel; or (d) the fuel is believed to cause obstruction or danger to the public.
(2) Notwithstanding subsection (1), if an analyst appointed under section 38 certifies, or if the test results as certified by the analyst to prove, that the fuel tested contaminated by it, the enforcement officers can keep them in care or, if no prosecution was initiated in respect of the fuel, resulting in that the fuel is disposed of in the manner specified by the enforcement officers.
The power to require the attendance of the person who knew the case 29. (1) an enforcement officers making an investigation under this Act may, by order in writing, require any person who in the opinion of the enforcement officer to know the facts and circumstances of the case so as to appear before it, and such person shall attend as required.
22 laws of Malaysia Act 666 (2) if any person refuses to attend as required by an order made under subsection (1), the enforcement officers can report the refusal to the Magistrate who shall issue a warrant to secure the attendance of such person as required by the order.
examination of person who knew 30 cases. (1) an enforcement officers making an investigation under this Act may examine orally any person who expected to find out the facts and circumstances of the case.
(2) such person shall be bound to answer all questions relating to the case submitted to it by the enforcement officers, but he can refuse to answer any question that the answer may 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 whole or in part to answer such questions.
(4) an enforcement officers examining 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 shall, whenever possible, reduced to writing and signed by the person making it or affixed with cap head jarinya, as the case may be, after —

(a) the statement was read out to him in the language of the statement made by him; and (b) he is given the opportunity to make any corrections he wanted.
Malaysian biofuel industry 23 Admissibility statement in evidence 31. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to confessions or not, 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 as a whole or in part at answering the questions , by an accused person to or heard by any enforcement officers, whether or not translated to him by any other enforcement officers or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and If the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) no statement made under subsection (1) may be admitted or used as provided in that subsection 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 against the person that comes from people in authority and sufficient in the opinion of the Court to give such person a reasonable excuse in its opinion to expect that by making the statement he will get any interest or avoid any comes to the worldly related with proceedings against him.
(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be served on him a notice in writing which shall be explained to him that means as follows: "you have been arrested/given that you might be prosecuted on............ (an offence under this Act that may be charged). Do you want to say anything? If there is any facts you want to use in the defense of you in court, you advised 24 laws of Malaysia Act 666 mention it now. If you don't mention it until you go to court, the possibility of description you will be less reliable and this will bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible as evidence simply because no such notice has been served on that person if such notices served on it as soon as reasonably possible thereafter.
(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
(6) where in any criminal proceedings against someone on an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for it, failed to declare any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence charged with , can make any conclusions from the failure as in its opinion should be; and that failure can, based on the conclusions, considered, or as can be is about addressing to, support any evidence against the accused related to it the failure was a matter of material.
(7) no nothing in subsection (6) may, in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused during the Malaysian biofuel industry 25 anything alleged in its presence in relation to conduct in respect of which he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions that can be made in addition to the accused by virtue of that subsection.
forfeiture of fuel, etc., seized 32. (1) any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things seized in exercise of any power conferred under this Act shall be dilucuthakkan.
(2) an order for forfeiture of fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things shall be made if it is proved to the Court is satisfied that an offence under this Act has been committed and that the fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that matter for or used in the Commission of the offence , although no one has been convicted of the offence.
(3) if there is no prosecution in respect of any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act, the fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things shall be taken and deemed to be forfeited at the end of a period of one calendar month from the date of delivery of the notice to the address last known to the person from whom the fuel or the proceeds of disposal , or any carrier, machinery, tools, equipment, books, records, documents or other things is seized stating that no prosecution in respect of fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things unless before the expiry of such a claim had been made in the manner specified in subsection (4), (5), (6) and (7).
26 laws of Malaysia Act 666 (4) any person who asserts that he is the owner of the fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (3) and that fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things can not be dilucuthakkan can, give personally or by his agent authorized in writing notice to enforcement officers who in his possession of fuel or results of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that held that he was demanding fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that.
(5) when the notice referred to in subsection (4) is received, enforcement officers shall refer the claim to a Magistrate of the first Class to get the decision.
(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 the fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things the person from whom it was seized to appear before the Magistrate and when they are present or when they are not present , having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter.
(7) if it is proved that an offence under this Act has been committed and that the fuel or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (6) is a matter for or was used in the Commission of the offence, then the Magistrate shall order that the fuel or the proceeds of disposal or transport, machinery, equipment , equipment, books, records, documents or other things that dilucuthakkan, and shall, in the absence of such proof, ordered its divestment.
(8) any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents, Malaysian biofuel industry 27 or other things dilucuthakkan or be deemed to be forfeited shall be dihantarserahkan to the enforcement officers and shall be disposed of in accordance with the directions of the magistrate.
(9) the licensing authority shall not be liable to any person for any deterioration, no matter howsoever occurring, the quality of fuel that is seized under this Act.
property rights on fuel, etc., that dilucuthakkan

33. any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things dilucuthakkan or be deemed to be dilucuthakkan under this Act shall be the property of the licensing authority.
fuel emissions, etc., seized 34. Notwithstanding section 32, the licensing authority may, if he thinks fit, at any time, direct that any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act to the person who released from the possession, custody or control of fuel or the proceeds of disposal, or any carrier, machinery, equipment, fittings , books, records, documents or other things seized.
enforcement officers can get help to check things related to offences 35. One enforcement officers can get help any person to inspect any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things seized or detained under this Act if the person has the necessary credentials to check the fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things for the purposes of an investigation under this Act.
28 laws of Malaysia Act 666 authorized to collect a sample of 36. (1) An enforcement officers can request, choose, take or acquire a sample of any suspected fuel is or contains biofuel for the analyzed without any payment from any person who manufactures, sells or possesses the fuel or agent or pekhidmatnya from whom the sample is obtained.
(2) the sample requested, selected, taken or obtained under subsection (1) shall be accepted in any court.
(3) any person who refuses to comply with any request made by an enforcement officers under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or both of each.
Procedure for taking a sample of 37. (1) if enforcement officers intend to submit any sample suspected fuel is or contains biofuel for analyzed, the enforcement officers get the sample shall notify the person who manufactures, sells or possesses the fuel or agent or pekhidmatnya from whom the sample is obtained, that he intends to get the samples to be analysed by the analyst.
(2) the Procedure for recruitment and dealing with samples shall be as prescribed by the regulations.
the appointment of analyst 38. Licensing authorities may appoint any person qualified to be an analyst for the purpose of conducting an analysis on any fuel and to recognise the situation, types, processes, quality, standards and grednya.
Malaysian biofuel industry 29 certificate of analysis 39. (1) a certificate signed by an analysis analyst shall, upon submission by the Prosecutor in any proceedings under this Act, be sufficient evidence of the facts stated in the certificate unless the accused requires that the analyst called as a witness, that in that case he shall give a written notice to the Prosecutor not less than three clear days before the commencement of the trial.
(2) if the public prosecutor intends to give in evidence any certificate referred to in subsection (1) he shall deliver a copy of the certificate to the accused not less than ten clear days before the commencement of the trial.
inspection or testing fuel seized 40. If it was found necessary to inspect or test any fuel seized under this Act, it is sufficient to examine or test only a sample of the fuel representatif or of any type or description of different fuel or, if the fuel is wrapped in different packaging, of the contents of each package.
The cost of holding the fuel, etc., seized 41. If any fuel, transport, machinery, tools, equipment, books, records, documents or other thing seized under this Act held licensing authorities in custody pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding it in custody shall, in the case of any person found guilty of an offence, being a debt due to the licensing authority by that person and shall be be obtained accordingly.
There are no costs or damages arising from seizure can be obtained 42. No person shall, in any proceedings before any court in respect of seizure any substance 30 laws of Malaysia Act 666 fire, transport, machinery, tools, equipment, books, records, documents 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 any damages or other relief unless the seizure is made without reasonable cause.
The power of the licensing authority to require information about the fuel, etc.
43. (1) the licensing authority may require any person undertaking any activities that involve the fuel to give the licensing authority information relating to the composition and use of the fuel.
(2) any person who fails to provide any information relating to the composition and use of any fuel that may be required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
The extra power 44. (1) an enforcement officers shall, for the purposes of implementing this Act, have power to do all or any of the following acts: (a) require the production of records, accounts, and documents from any person in respect of any matters or of an offence under this Act and examine, inspect and copy any records, accounts and documents thereof;
(b) require the production of any document identification of any person in respect of any matters or of an offence under this Act; or (c) make such investigations as are necessary to determine whether the provisions of this Act have been complied with.
(2) any person who fails to comply with a request made under subsection (1) commits an offence and Malaysian biofuel industry 31 shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Mengamang or prevent enforcement officers an offence 45. A person who — (a) mengamang, prevent, thwart or disturbing any enforcement officers in the execution of its functions under this Act;
(b) withdraw or seek to take back any fuel, transport, machinery, tools, equipment, books, records, documents or other thing seized under this Act; or (c) before or after any seizure resulted in loss of, or damage or destroy any fuel, transport, machinery, tools, equipment, books, records, documents or other things to prevent its seizure or storage of secure fuel, transport, machinery, tools, equipment, books, records, documents or other things, commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Part IV GENERAL compounding of offence 46. (1) the licensing authority may, with the consent of the Prosecutor, make a written offer to compound any offence committed by any person under this Act and which are designated as offences can is compounded by regulations made under this Act by making an offer in writing to such person 32 laws of Malaysia Act 666 to compound the offence when paid to the licensing authority for an amount not exceeding fifty per cent of the maximum amount of the fine for the offence within the time specified in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.
(3) if the amount specified in the offer under subsection (1) is not paid within the time stated in the offer or in any extended period granted by the licensing authority, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.

(4) J if an offence te lah compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made and any fuel or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized in connection with the offence be released or dilucuthakkan by licensing authorities , subject to such terms and conditions as he thinks fit to impose in accordance with the conditions of the compound by the relevant licensing.
an initial prosecution 47. No prosecution for or in relation to any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
a merger of offences 48. Notwithstanding anything contained in any other written law to the contrary, if someone is accused of committing more than one offence under this Act, he may be charged with and tried in a trial for any number of such offence is committed in any time frame.
Malaysian biofuel industry 33 offences by body corporate 49. (1) where a body corporate commits an offence under this Act, then 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 or in any way or up to any extent responsible of the management of any Affairs of the body corporate or assist in the management of such — (a) can be prosecuted separately or in association in the same proceedings together with such Corporation; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.
(2) if any person can under this Act imposed any penalty or penalties for any act, omission, neglect or default, in which case he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by its employees within its employment;
(b) by the agent while acting on his behalf; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent.
34 the laws of Malaysia Act 666 whistleblower protection 50. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of the whistleblower or fill in the information received from it or declare any matter that may cause the whistleblower known.
(2) where any books, records, accounts, documents or data that becomes evidence or dikomputerkan that can be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the whistleblower known, the Court shall cause to such closed all entries from 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 informer wilfully made in aduannya a statement of material which 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 could not be made solely between the parties in the proceedings without knowing the whistleblower , the Court may require the production of the original complaint, if written, and allow the investigation and require full disclosure, with respect to the informant.
protection from legal action and legal proceedings 51. No action can be taken or prosecution can be brought, instituted or made in any court against — (a) enforcement officers or any other officer duly appointed by the licensing authority; and (b) any other person or due to or in respect of any act done or said to be performed by him under orders, directives or instructions licensing authorities, enforcement officers or any other officer duly appointed by the licensing authority, Malaysian biofuel industry 35 if an act is done in good faith, and with reasonably believing that it is necessary for the purposes that are intended to be achieved through it and for carrying out the provisions of this Act.
52 public servants. Every Member, officers, servants or agents of the authority licensing and enforcement officers while on his duties as members, officers, servants, agents or enforcement officers shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power to exclude 53. (1) the Minister may by order published in the Gazette exempt, subject to such terms and conditions as he thinks fit to impose, any person or class of persons or any activity or class of activities relating to biofuel from all or any provisions of this Act.
(2) the Minister may, at any time, by order published in the Gazette, revoke any order made under subsection (1) if he is satisfied that the exemption is no longer needed.
Amendment of schedule 54. The Minister may, after consultation with licensing authority to amend the first schedule and the second schedule by order published in the Gazette.
regulations 55. (1) the Minister may, after consultation with licensing authority, make regulations as are necessary or expedient to implement fully or carry out the provisions of this Act.
36 laws of Malaysia Act 666 (2) without prejudice to the generality of subsection (1), the Minister may make regulations in respect of — (a) prescribing standards of processing, storage, transport and handling including packaging biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel;
(b) prescribing standards or grade biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel and to make provision for implementing the standards or grades, including provision for or in relation to labelling;
(c) prescribing the procedure to be followed by the exporter in the exporting biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel;
(d) provide for the maintenance of proper standards of conduct in the exercise of the biofuel industry and for managing pelanggarannya;
(e) prescribing the practices to be followed or avoided in the biofuel industry;
(f) specify the name and description to be used for biofuel, biofuel that mixed with any other fuel or biofuel that mixed with any other biofuel;
(g) prescribing offences that can be is compounded;
(h) prescribing the records and documents required to be kept and the statement required to be presented;
(i) prescribing the fees and charges payable to the licensing authority under this Act and the manner of collecting and spending the fees;
(j) provide for regulating all or any activity licensing authority and generally for the implementation of the functions, the exercise of the powers and discharge the duties of the licensing authority under this Act; Malaysian biofuel industry and 37 (k) provide for any other matter intended by, or as may be necessary to carry out the full, the provisions of this Act and for the Administration accordingly.
(3) regulations made under this section may provide that any act in violation of the regulations to be an offence and may prescribe punishment of a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding two years or both for the offence.
transitional provisions 56. (1) any person who, on the effective date of this Act, is pursuing an activity which this Act applies shall, within six months from the effective date of this Act, apply for a licence under section 7 and the application shall be treated as a new application and not as an application for license renewal.
(2) upon receipt of an application under subsection (1) the licensing authority shall issue a receipt to the person pengakuterimaan.
(3) pending the Universiti of the application, that person may continue to operate such activity.
The first schedule [section 4 and 5] TYPES of BIOFUELS 1. Palm oil Olein 2. Metil Ester 38 laws of Malaysia Act 666

Second Schedule [section 6] LICENSING AUTHORITY Licensing Authorities Biofuel Secretary General Ministry of plantations industries and commodities biofuel from Palm oil output or during the absence of the Secretary General of any person duly authorised by the Minister in writing in this schedule — "Palm oil products" have the same meaning assigned to it in the Malaysian Palm oil Board Act 1998 [Act 582].
Malaysian biofuel industry 39 laws of MALAYSIA Act 666 Malaysian biofuel industry Act 2007 LIST AMENDMENT of laws that amend the short title effect from – No – 40 laws of Malaysia Act 666 laws of MALAYSIA Act 666 Malaysian biofuel industry Act 2007 LIST SECTION AMENDED Section Power amend with effect from – THERE are –