Malaysia legislation
Section 142
Section 142
Penalties
(a)
does that which by or under this Act he is forbidden to do;
(b)
does not do that which by or under this Act he is required or directed to do; or
(c)
contravenes or fails to comply with any provision of this
Act, commits an offence under this Act.
(2)
A person who is guilty of an offence against this Act shall be liable on conviction to a penalty or punishment expressly mentioned as the penalty or punishment for the offence, or if a penalty or punishment is not so mentioned, to a penalty not exceeding
*fifty thousand ringgit.
(3)
The penalty or punishment, pecuniary or otherwise, set out in, or at the foot of, any section or part of a section of this Act, shall indicate that the offence is punishable upon conviction by a penalty or punishment not exceeding that so set out, and where the penalty or punishment is expressed to apply to a part only of the section, it shall apply to that part only.
(4)
Where in, or at the foot of, any section or part of a section of this Act there appears the expression “Default penalty”, it shall indicate that a person who is convicted of an offence against this Act
*NOTE—Previously “ten”—see subsection 52(a) of the Labuan Companies (Amendment) Act 2022
182 Laws of Malaysia ACT 441
in relation to that section or part commits a further offence under this
Act if the offence continues after he is so convicted and liable to an additional penalty for each day during which the offence so continues of not more than the amount expressed in the section or part as the amount of the default penalty or, if an amount is not so expressed, of not more than one thousand ringgit.
(5)
Where the offence is committed by a person by reason of his failure to comply with any provision of this Act under which he is required or directed to do anything within a particular period, that offence, for the purposes of subsection (1), shall be deemed to continue so long as the thing required or directed to be done by him remains undone, notwithstanding that the period had elapsed.
(6)
For the purposes of any provisions of this Act which provides that an officer of a Labuan company or a foreign Labuan company which is in default of an offence against this Act or is liable to a penalty or punishment, the expression “officer who is in default” or any like phrase means an officer of the company who knowingly and willfully—
(a)
is guilty of the offence; or
(b)
authorizes or permits the commission of the offence.
Power to impose administrative penalties