PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974

This Act shall come into force on such date as the Yang di-Pertuan Agong may by notification in the Gazette appoint 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 national interest that this Act be continued in force, the Yang di-Pertuan Agong may from time to time by notification in the

Gazette provide that this Act shall remain in force for a further period of not exceeding one year at a time.

Interpretation

Without prejudice to the generality of the powers conferred by subsection (1) the regulations made under this section may provide for—

The regulations made under paragraph (2)(c) may provide for empowering any electricity board to reduce or cut off any supply of electricity to any person who is, in the opinion of the board, contravening or not complying with the provisions of those regulations notwithstanding any agreement made with the person for the supply of electricity; and no legal proceedings shall be instituted against the board or any member or any employee thereof, or any other person whatsoever acting under the direction of the board, arising out of the reduction or cut off of any supply of electricity made by the board in accordance with the regulations made as aforesaid.

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All regulations made under this section shall be laid before both Houses of Parliament as soon as may be after they are made and if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such regulations, but without prejudice to anything previously done by virtue thereof or to the power of the Minister to make new regulations.

For the purpose of this section “electricity board” means the successor company under the Electricity Supply (Successor Company)

Act 1990 [Act 448] and includes (if so expressly provided by the regulations made under this section) a person to whom a licence is issued for the supply of electricity to or for the use of any other person from any installation.

Authorization of persons to exercise powers under this Act or regulations made thereunder

Any authorization given under this section shall be published in the Gazette.

In exercising any of the powers under this Act or any regulation made thereunder, the person so authorized shall on demand produce to the person against whom he is acting under this Act or any regulation made thereunder the authority card issued to him.

Power of arrest, seizure, investigation and prosecution

arrest without warrant any person whom he has reason to believe to have committed an offence against this Act, if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond:

Provided that when any person has been arrested as aforesaid he shall be thereafter dealt with as provided by the Criminal Procedure Code [Act 593]; and

Petroleum and Electricity (Control of Supplies)

seize any petroleum in respect of which he has reason to believe such an offence has been committed or any vehicle, vessel or article by means of which any such offence has been committed or which he has reason to believe is intended to be used for the commission of that offence.

Where any vehicle or vessel has been seized under subsection

the authorized person, a police officer not below the rank of

Inspector or a customs officer may, at his discretion, temporarily return such vehicle or vessel to the owner of the same on security being furnished to the satisfaction of such officer that the vehicle or vessel shall be surrendered to him on demand.

Any authorized person, any police officer not below the rank of Inspector, and any customs officer may in relation to any investigation in respect of any offence against this Act without the order of the Public Prosecutor exercise the special powers in relation to police investigations given by the Criminal Procedure Code in any seizable case.

Without prejudice to the Criminal Procedure Code relating to prosecution any prosecution in respect of an offence against this

Act may be conducted by an authorized person.

Power to enter premises

Any person who obstructs or impedes any authorized person, police officer or customs officer in the lawful exercise of any of his powers under this section shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

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Power of court to confiscate

any petroleum in respect of which the offence has been committed which has been seized by, or has otherwise come into the possession of any authorized person, any police officer or customs officer; or

any vehicle, vessel or article, the property of the accused, by means of which the offence has been committed or which is intended to be used for the commission of an offence against this Act.

Where confiscation is ordered under subsection (1), the court shall deliver the petroleum, vehicle, vessel or article to any authorized person, police officer or customs officer and shall give directions as to its disposal.

Cancellation or suspension of driving licences

Any person who is disqualified from holding or obtaining a driving licence by virtue of an order made under this section shall be deemed to be disqualified under Part II of the relevant road traffic law and the provisions of that law shall apply mutatis mutandis to a disqualification under this section.

A person who by virtue of an order of a court made under this section is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the court may if it thinks fit, pending the appeal, suspend the operation of the order.

Cancellation or suspension of vehicle licences

The provisions in the relevant road traffic law relating to the cancellation of a motor vehicle licence shall apply mutatis mutandis to the cancellation or suspension of a licence for a motor vehicle under this section.

Jurisdiction of courts

If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry in which any informer is named or described or which might lead to the discovery of his identity, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to prevent the discovery of the identity of the informer, but no further.

If in any civil or criminal proceedings whatsoever the court, after full enquiry into the case, is of the opinion that the informer wilfully made in any information furnished by him a material statement which he knew or believed to be false or did not believe to be true, or the court is of the opinion that justice cannot be fully

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done without the discovery of the identity of the informer, it shall be lawful for the court to require the production of the original information, if in writing, and to permit enquiry and require full disclosure concerning the informer.

For the purpose of this section, “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information, oral or documentary, in respect of any offence against this Act alleged to have been committed by any person.

Duty to give information and use of statements as evidence

the owner of the motor vehicle shall give such information as he may be required by an authorized person, a police officer or a customs officer to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person, and if he fails to do so within seven days of the date on which the information was required from him he shall be guilty of an offence against this Act unless he proves to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained the information required; and

any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence against this Act.

Any person who wilfully furnishes any false or misleading information under subsection (1) shall be guilty of an offence against this Act.

Notwithstanding anything contained in any written law to the contrary, any information given under this section by any person charged with any offence against this Act may be used as evidence at the hearing of the charge against him.

Petroleum and Electricity (Control of Supplies)

Notwithstanding any other written law to the contrary any statement made by any person to any authorized person, police officer, or customs officer that a particular motor vehicle was being driven by or belonged to that person or that it belonged to a firm in which such person was a partner or to a corporation of which such person was a director, officer or employee on a particular occasion shall be admissible in evidence for the purpose of determining by whom the vehicle was being driven or to whom it belonged.

Any person who is guilty of an offence under subsection (1)

or (2) shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

For the purpose of this section, “owner”, in relation to a motor vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement.

Provisions as to evidence

Where in any proceedings for an offence it is necessary to prove—

Wherever any agent or servant in the course of his employment does or omits to do any act, the doing of which or omission to do which by his principal or employer would be an offence such agent or servant shall be guilty of that offence.

Any person who would have been liable for an offence against this Act to any penalty for anything done or omitted if the thing had been done or omitted by him personally, shall be liable to the same penalty if the thing has been done or omitted by his partner, agent or servant unless he proves that he took reasonable precautions to prevent the doing or omission of such thing.

Power to compound

The Minister may by regulations made under section 3 prescribe the offences which may be compounded and the method and procedure therefor.

Non-application of certain law to petroleum