Malaysia legislation

Section 43

of ELECTRICITY SUPPLY ACT 1990

Section 43

Compounding

(a)

any offence under this Act or its subsidiary legislation as an offence which may be compounded;

(b)

criteria for compounding such offence; and

(c)

method and procedure for compounding such offence.

(2)

The Commission may, with the consent in writing of the

Public Prosecutor, at any time before a charge is being instituted compound any of the offences prescribed in the regulations as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Commission of a sum of money not exceeding fifty per centum of the amount of 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 his written offer.

(3)

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

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(4)

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 any document or thing seized in connection with the offence may be released by the Commission, subject to such terms and conditions as it thinks fit.

(5)

All sums of moneys received by the Commission under this section shall be paid into and form part of the

Federal Consolidated Fund.

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