WM laws of MALAYSIA Act 128 PRINT PETROLEUM and ELECTRICITY ACT (CONTROL of SUPPLIES) Act 1974 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT Royal Assent Date 128............ 8 March 1974 the date of publication in the Gazette of ... ... more 14 March 1974 REPRINT BEFORE Reprinting the first............ 1995 Reprinting the second............ PETROLEUM and ELECTRICITY ACT 2000 (CONTROL of SUPPLIES) Act 1974 Petroleum and electricity (control of supplies) 3 laws of MALAYSIA Act 128 PETROLEUM and ELECTRICITY ACT (CONTROL of SUPPLIES) Act 1974 ARRANGEMENT of SECTIONS section 1. Short title, application and commencement 2. Interpretation 3. Regulations 4. Authorisation to the person to exercise the powers under this Act or under regulations made thereunder 5. The power of arrest, seize, investigate and prosecute 6. Power to enter premises 7. Power of court to seize 8. Cancellation or suspension of driving licence 9. Cancellation or suspension of vehicle licence 10. The Court's jurisdiction 11. Mergers error 12. The whistleblower protection 13. Duty to provide information and use the statement as evidence 14. Provision of evidence 15. Liability of partners, directors, etc.
16. Power to compound 17. Disapplication of certain laws for petroleum 18. Saving 4 laws of Malaysia ACT 128 Petroleum and electricity (control of supplies) 5 laws of MALAYSIA Act 128 PETROLEUM and ELECTRICITY ACT (CONTROL of SUPPLIES) Act 1974 an act to make temporary provisions for controlling the supply of petroleum and electricity.
 BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title, application and commencement 1. (1) this Act may be cited as the Petroleum and electricity Act (control of supplies) Act 1974 and shall apply throughout Malaysia.
(2) this Act shall come into force on such date as may be determined by the Yang di-Pertuan Agong by notification in the Gazette and shall remain in force for a period of one year from that date; and if the Yang di-Pertuan Agong decides that it is necessary in the interest of the country so that this Act extended effect, the Yang di-Pertuan Agong may from time to time by notification in the Gazette provide that this Act remain in force for a further period of not more than one year at a time.
Interpretation 2. In this Act, unless the context otherwise requires — "electric" means electrical power when generated, delivered, supplied or used for any purpose except for the purpose of sending any communications or signals;
6 laws of Malaysia ACT 128 "road" means any road and any other way maintained at the expense of public;
"vehicle" means a structure which may move or be moved or used to bring any person or thing;
"motor vehicle" means all types of vehicles driven by machinery contained in the body of the vehicle itself and built or adapted to be used on the road and includes a trailer;
"offence against this Act" includes any breach of or failure to comply with any regulations made under this Act and any breach of or failure to comply with the terms and conditions of any licence or permit issued or the powers conferred under this Act or under the regulations made thereunder and any failure to comply with any demand or direction made or given thereunder legally on the side of the law;
"driving licence" has the meaning assigned to it under the law of the relevant road traffic;
"Minister" means the Minister is named by the Prime Minister for the purposes of this Act;
"authorized person" means any person authorized under section 4;
"Registrar" means the Director for road transport under the road transport act 1987 [Act 333];
"petroleum" termaksuklah petroleum and crude oil made from petroleum, coal, peat, organizes or another bitumen and other petroleum products;
"the laws of road traffic related" means the road transport act 1987.
Regulations 3. (1) subject to the provisions of this section, the Minister may make such regulations as it considers desirable or expedient to restrict supply, distribution and use of petroleum and electricity.
Petroleum and electricity (control of supplies) 7 (2) without prejudice to the generality of the powers conferred by subsection (1) regulations made under this section may provide for — (a) prohibit or restrict the use of motor vehicles or the use of any class or type of motor vehicle on all or any specified path either generally or in a particular day or;
(b) prescribing a maximum speed limit for all or any class or type of motor vehicle on all or any specified way;
(c) prohibit or restrict the supply, distribution or use of electricity for any purpose or purposes specified either generally or within the specified time;
(d) restrict the time in which any factories, shops, offices, cinemas, theatres, hotels, restaurants, bars, cabarets, night clubs, amusement parks, entertainment venues, or any business premises can be opened for business;
(e) prohibit, restrict or otherwise regulate the purchase, sale, storage, or transportation of any petroleum;
(f) regulating and controlling petroleum rationing and, without prejudice to the general power, provide for the registration of all or any person or any class of persons, for the purpose of rationing and for issuing document ration;
(g) exceptions, either absolutely or subject to such conditions as may be imposed, from all or any of the regulations;
(h) prescribing any fees or charges as may be necessary for the purposes of this Act; and (i) an offence against this Act shall be sentenced to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
8 laws of Malaysia ACT 128 (3) regulations made under paragraph (2) (c) may provide for giving power to any Board lektrik to reduce or cut any electricity supply to any person who, in the opinion of the Board that, contravenes or fails to comply with the provisions of the regulations notwithstanding any agreement made with the person for the supply of electricity; and there are no legal proceedings can be instituted against the Board or any member or any of its employees, or any kind of other people acting under the instructions of the Board that, as a consequence of a reduction or deletion of any electricity supply made by the Board in accordance with the regulations made as is mentioned earlier.
(4) All regulations made under this section shall be set out in both the Parliament as soon as may be after it is made and if not cancelled in advance, the regulations shall cease to have effect if a resolution passed by both the Parliament revoke the regulations, but without touching anything that has been done previously by virtue of the regulations or without prejudice to the Minister's power to make new regulations.
(5) for the purposes of this section, "electrical Board" means the successor company under the electricity supply Act (successor company) order 1990 [Act 448] and includes (if such is provided for expressly by the regulations made under this section) a person to whom a licence is issued to supply electricity to or for the use of any person other than any installation.
Authorisation to the person to exercise the powers under this Act or under regulations made thereunder 4. (1) the Minister may authorize, by name or Office, any public officer or employee statutory authority or local authority to exercise all or any powers under this Act or under any regulations made thereunder.
Petroleum and electricity (control of supplies) 9 (2) any authorisation granted under this section shall be published in the Gazette.
(3) in the exercise of any power under this Act or under any regulations made hereunder an authorized person such shall when requested to submit the authorisation card issued to him to the person against whom he is acting under this Act or under any regulations made thereunder.
The power of arrest, seize, investigate and prosecute 5. (1) any authorized person, police officers and customs officers may —
(a) arrest without warrant any person whom he has reason to believe have committed an offence against this Act, if the person refuses to provide your name and address or, if that person gives an address outside Malaysia or there is reasonable cause to believe that he had given a false name or address or that he might escape: provided that when any person is arrested as aforesaid action should be taken against that person as provided by Criminal procedure code [Act 593]; and (b) seize any petroleum with which he has reason to believe an offence has been committed or any vehicle, vessel or goods thereto any such offence has been committed or which he has reason to believe is proposed to be used for committing the offence.
(2) where any vehicle or vessel has been seized under subsection (1) the person authorized, a police officer not below the rank of Inspector or a low customs officers may, in its discretion, return the vehicle or the vessel for a while to the owner when the guarantee is given to the satisfaction of the officer that the vehicle or the vessel will be surrendered to it whenever required.
10 laws of Malaysia ACT 128 (3) any authorized person, any police officer not below the rank of Inspector and low any officer of Customs may, in connection with any investigation of any offence against this Act, order the public prosecutor to carry out special powers in relation to the investigation of police given by the criminal procedure code in any case can capture.
(4) without prejudice to the criminal procedure code relating to prosecution, any prosecution of an offence against this Act may be exercised by a person who is duly authorized.
Power to enter premises 6. (1) where any authorized person, any police officer not below the rank of inspector or any customs officer have reasonable cause to believe that an offence has been committed against this Act, the authorised officer, police officer or customs officer, after submitting to the residents of the power card issued to him, may enter any premises and can carry out any inspections (including examining books) which it considers necessary and may seize and detain any book , document or other thing or the petroleum found in the premises that could give evidence as to the Commission of an offence against this Act.
(2) any that prevent or impede any person authorized, police officer or customs officer in exercise with the legal laws of any of its powers under this section commits an offence against this Act and shall on conviction liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Power of court to seize 7. (1) where any person is convicted of an offence against this Act the Court may rule the so hijacked — (a) any petroleum of which it was committed, which was seized by, or otherwise have come into the possession of any authorized person, any police officer or customs officer; or Petroleum and electricity (control of supplies) 11 (b) any vehicle, vessel or goods, property of the accused, whom it was committed or proposed to be used for committing an offence against this Act.
(2) if confiscation is ordered under subsection (1), the Court shall deliver petroleum, vehicles, vessels or goods to any authorized person, police officer or customs officer and shall also provide instructions about disposal.
Cancellation or suspension of driving licence 8. (1) where a person is convicted of an offence related to the storage of petroleum that is not allowed, the Court may if it thinks fit order that person lost their entitlement from holding or obtaining a driving licence for all or any types of vehicles during the period that the Court may think fit.
(2) any person who is disqualified to hold or obtain a driver's license by virtue of an order made under this section shall be deemed to be disqualified under section II in road traffic laws and legal provisions shall apply mutatis mutandis for a disqualification under this section.
(3) a person who is disqualified to hold or obtain a driving licence in accordance with a court order made under this section may appeal against the order in the same manner as an appeal against a conviction and the Court may if it thinks fit suspend the effective travel of the order pending the results of the appeal.
Cancellation or suspension of vehicle licence 9. (1) where a person is convicted of an offence related to the storage of petroleum that are not allowed, the Registrar may cancel a licence issued under the road traffic law related on any motor vehicle owned by the person or suspend the licence for a period as the Registrar may think fit.
12 laws of Malaysia ACT 128 (2) the provisions of the laws of the relevant road traffic relating to the cancellation of a licence a motor vehicle shall apply mutatis mutandis for the revocation or suspension of a licence for a motor vehicle under this section.
Jurisdiction of the Court 10. Notwithstanding anything to the contrary in any other written law, a sessions Court shall have jurisdiction to pass such sentence is provided for in this Act for any offence against this Act.
Mergers error 11. Notwithstanding any law to the contrary that is currently in effect, when a person is accused of more than one offence against this Act, that person may be charged with and tried at one time for any number of the offence.
The whistleblower protection 12. (1) Save as hereinafter mentioned, there is no evidence as to any information written or oral regarding any offence allegedly committed against this Act is admissible in evidence in any civil or criminal proceedings, and no witness may be obliged or permitted to disclose the name or address of any informer or declare any matter that may lead to the informant's identity known.
(2) if any books, documents or papers which constitute or which may be inspected in any civil or criminal proceedings whatsoever contains any entry of any informer is named or described or which might lead to an identity known, the Court shall cause to all the hidden out of sight of quotations or deleted to the extent necessary to avoid the informant's identity is known but not more than that.
Petroleum and electricity (control of supplies) 13 (3) where in any civil or criminal proceedings the Court is of the opinion, after a full investigation of the case, that the informer was deliberately made in any of the information provided by him a statement material it is unknown or he as false or true, or he as the Court is of the opinion that justice cannot be done properly without known the identity of the informant is valid in law for the Court to require the submission of the original information that, if given in writing and allow inquiry and require full disclosure concerning the informer.
(4) for the purposes of this section, "information providers" includes every person who was not called as a witness for the prosecution in a criminal case and who has made any complaint or report or provide any information, verbal or dokumentar, of any offence against this Act was said to have been committed by any person.
Duty to provide information and use the statement in evidence 13. (1) where the driver of a motor vehicle is said to be or suspected of having committed an offence against this Act — (a) the owner of the motor vehicle shall provide such information as may be required by an authorized person, a police officer or a customs officer about the identity and address of the person who has to drive the motor vehicle at or about the time the alleged offence and also about the licence held by that person and if he fails to do so within seven days from the date the information required thereof he commits an offence against this Act unless he proves to the satisfaction of the Court that he did not know and could not with reasonable efforts to determine the required information; and 14 laws of Malaysia ACT 128
(b) any other person who has been or should have been taking care of the motor vehicle shall, if so required as aforesaid, give any information in his power to give, and which can lead to known the driver, and if, within seven days from the date the information is required from them, he did not give the information he or she commits an offence against this Act.
(2) any person who intentionally provide any false or misleading information under subsection (1) commits an offence against this Act.
(3) Notwithstanding any provisions contained in any written law to the contrary, any information provided under this section by any person charged with an offence against this Act may be used as evidence in his trial the charge against him.
(4) Notwithstanding any other law to the contrary, any statement made by any person to any authorized person, police officer or customs officer that a particular motor vehicle being driven or owned by that person or that the motor vehicle is owned by a firm in which such person is a partner of or by a corporation for which that person is an independent officer or employee at any given time is admissible as evidence for the purpose of determining by whom the vehicle is being driven or who have had the vehicle.
(5) any person who commits an offence under subsection (1) or (2) may on conviction liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(6) for the purposes of this section, "owner" in relation to a motor vehicle who lays a rental agreement or hire purchase agreement, means the person in possession of the vehicle under the agreement.
Petroleum and electricity (control of supplies) 15 Provisions regarding evidence 14. (1) any document of registration or licence issued by the Registrar under the road traffic law related on any vehicle shall be prima facie evidence of the registration of the vehicle or about the fact that the vehicle has been granted a licence for the period specified in the licence, as the case may be.
(2) if in any proceedings for an offence it is necessary to prove — (a) that a vehicle has, or has not, registered under the name of any person;
(b) that any person is, or is not, the registered owner of a vehicle; or (c) that any person is, or is not, the holder of a licence granted under the laws of the road traffic related, a certificate purporting to be signed by the Registrar and certifying the matters aforesaid may be received in evidence and shall be prima facie evidence of the facts certified in the certificate without proof of the signature of the Registrar on the certificate.
Liability of partners, directors, etc.
15. (1) where a person charged with an offence against this Act is a body corporate every person who, at the time the offences took place, was a Director or officer of the body corporate may be charged with the same Association in the proceedings with the body corporate, and if the body corporate convicted of the offence charged, every Director or officer shall be deemed to be guilty of such offence unless he proves that it was committed without known by it or that he had take precautions to prevent the occurrence of the offence.
16 laws of Malaysia ACT 128 (2) when any of its agents or servants in the course of his career do or leave from doing any act, which if done or omitted from performed by the principal or his/her employer will become an offence the servants or agents committed such offence.
(3) any person who may be liable to pay any penalty for an offence against this Act because of anything done or omitted from do if the matter was done or omitted than done by himself may be subject to the same penalty if the matter was done or omitted than done by partner, agent or pekhidmatnya, unless he proves that he has taken reasonable precautions to avoid conduct or omission than done his thing.
Power to compound 16. (1) any person authorized may, in its discretion compound any offence against this act as may be prescribed as an offence that can be compounded by the person authorized to collect from the person who reasonably suspected to have been doing it a sum of money not exceeding five hundred ringgit.
(2) the Minister may by regulations made under section 3 of the offenses that can be compounded and methods and procedures for him.
Disapplication of certain laws for petroleum 17. As long as this Act remain in force, the supply control Act 1961 [Act 122] cannot apply to petroleum and the Act shall have effect as if the phrase "call the article" and "rationed article" as defined in the Act excludes pertroleum.
Saving of 18. As far as the provisions of this Act and the regulations made thereunder in respect of the storage and transportation of petroleum, the provision shall be construed as incremental or additional to the Petroleum Act (safety measures) Act 1984 [Act 302] and not as a derogation from the provisions.
Petroleum and electricity (control of supplies) 17 Law Act 128 PETROLEUM and ELECTRICITY ACT (CONTROL of SUPPLIES) Act 1974 LIST AMENDMENT law short title force amend from Act 160 Currency Act 29-08-1975 (dollars) 1975 P.U. (A) 357/1980 order of the subordinate courts act 01-06-198 (extension) 1980 18 laws of Malaysia ACT 128 laws of MALAYSIA Act 128 PETROLEUM and ELECTRICITY ACT (CONTROL of SUPPLIES) Act 1974 LIST SECTION AMENDED Section Power Amend with effect from 6 Act 160 29-08-1975 10 P.U. (A) 357/ 1980 01-06-1981 13 Act 160 29-08-1975 16 Act 160 29-08-1975