Section 23A — CHEMISTS ACT 1975

(a)

that, immediately before the appointed date, he had

(i)

a degree or any equivalent academic qualification, in chemistry or in any specialized discipline associated with chemistry from any examination of any institution of higher learning in any country, other than an examination listed in the Second Schedule; or

(ii)

a qualification or some other form of formal recognition granted by the Government or by any body corporate established by Federal law, being a qualification or recognition that was generally accepted as qualifying the recipient thereof to perform chemical analyses;

(b)

that, immediately before the appointed date, he was employed by an employer in any occupation involving the performance by him of chemical analyses; and

(c)

that, at the date when the Council is deciding on his application—

(i)

he is still employed by the same employer in any occupation involving the performance by him of chemical analyses; or

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(ii)

he is employed by a different employer, being an employer employment with whom he had applied for before the appointed date, in any occupation involving the performance by him of chemical analyses.

(2)

In granting its authorization under subsection (1), the Council may impose such restrictions or conditions as the Council thinks fit and the Council may at any time thereafter impose additional restrictions or conditions or remove any restriction or condition already imposed.

(3)

Any person who fails to comply with any restriction or condition imposed under subsection (2) in respect of an authorization granted to him under subsestion (1) is guilty of an offence and is liable to a fine of one thousand ringgit.

(4)

The Council may revoke an authorization granted to a person under subsection (1) if the Council, after giving the person an opportunity to be heard, is satisfied that he has failed to comply with any restriction or condition imposed under subsection (2) in respect of the authorization, notwithstanding that no prosecution arising from such failure has been instituted under subsection (3) and, if there has been any such prosecution, notwithstanding the outcome of the prosecution.

(5)

Any person aggrieved by—

(a)

the refusal of the Council to grant him its authorization under subsection (1);

(b)

any restriction or condition imposed under subsection

(2)

in respect of an authorization granted to him; or

(c)

the revocation by the Council under subsection (4) of an authorization granted to him,

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may, within fourteen days after being informed of the decision of the

Council or within such longer period as the Minister may allow, appeal to the Minister.

(6)

In an appeal under subsection (5), the Minister may make such decision as he thinks just and is consistent with this Act; and the decision of the Minister shall be final, shall not be questioned in any court, and shall be binding on the Council.

(7)

The revocation of an authorization under subsection (1) shall not take effect until the period of appeal provided by subsection (5)

has expired or, if an appeal has been lodged within that period, until the revocation is confirmed by the Minister on appeal.

(8)

An authorization granted to any person under subsection (1)

shall, unless it has earlier been effectively revoked under subsections

(4)

and (7), cease to have effect when that person ceases to be employed by the person employing him when the authorization was granted to him.

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