Section 26B

any offence under this Act or any regulations made under this

Act as an offence which may be compounded; and

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*NOTE—Previously “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both”–see paragraph 11(b) of the Highway Authority Malaysia (Incorporation) (Amendment) Act 2024 [Act A1710].

**NOTE—Previously “five thousand ringgit”–see section 12 of the Highway Authority Malaysia

(Incorporation) (Amendment) Act 2024 [Act A1710].

Highway Authority Malaysia (Incorporation) 25

the method and procedure for compounding such offence.

The Director General or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

The written 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, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

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 the Director

General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.

All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.

Obligation of secrecy