Section 31

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

Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of such offence against the person to whom the offer to compound was made.

Any offence committed in contravention of paragraph 8(a), subsections 11(3), 11(3A), 15(1) or section 16 read with section 25 or 26 is not compoundable.

Notwithstanding subsections (1) and (2), the Director General may compound any offence under subsection 11(3) or 11(3A) where the fishing appliance in relation to which such offence is committed is a traditional fishing appliance, for a sum not below five hundred ringgit and not exceeding the maximum fine for that offence.

Where a fishing appliance is the subject matter of any offence compounded under subsection (1), such fishing appliance may be confiscated and disposed of as directed by the Director General.

Where any offence committed under this Act has been compounded in accordance with this section, the Director General shall direct that any article of a perishable nature which is the subject matter of any offence be sold and the proceeds of the sale forfeited.

38 Laws of Malaysia ACT 317

Sessions Court and Court of Magistrate of First Class to have full jurisdiction and powers under Act