Malaysia legislation

Section 101

of NATIONAL FORESTRY ACT 1984

Section 101

(2)

The offence which may be compounded under subsection (1)

shall only be in respect of an offence committed for the first time.

59

National Forestry

(3)

Where the offence committed involves the taking of forest produce under section 15 or 40, the Director may, if he thinks fit, in addition to the amount payable under subsection (1), require such person to pay to the State Authority—

(a)

a sum not exceeding ten times the royalty, premium and cess of such forest produce;

(b)

a sum not exceeding ten times the value of such forest produce;

(c)

the costs of repairing any damage in respect of the offence committed; and

(d)

any other charges payable to the State Authority.

(4)

In compounding any offence under subsection (1), any thing seized under this Act shall be forfeited and disposed of in accordance with the direction of the Director.

(5)

An offer under subsection (1) 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 offer is not paid within the time specified in the offer or within such extended period as the Director may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

(6)

Where an offence has been compounded under subsection

(1)

, no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made.

Power of court to order revocation and disqualification