Malaysia legislation
Section 51
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 51
(a)
any offence under this Act and any regulations made under the Act that may be compounded;
(b)
the criteria for compounding such offence; and
(c)
the method and procedure for compounding such offence.
(2)
The Competent Authority may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Competent Authority of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.
Act 795
(4)
If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Competent
Authority may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
Where an offence has been compounded under subsection
(2)
, no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any biological resource, conveyance, machinery, contrivance, equipment, book, record, document or other article seized in connection with the offence may be forfeited or released by the
Competent Authority in accordance with sections 44 and 46, subject to such terms and conditions as the Competent Authority thinks fit.
Institution of prosecution