Malaysia legislation

Section 36

of *OPTICAL ACT 1991

Section 36

(2)

Subsection (1) shall not apply to the sale of an optical appliance—

(a)

to a medical practitioner or a registered person;

28 Laws of Malaysia ACT 469

(b)

to a manufacturer of or dealer in optical appliance for the purpose of his business;

(c)

to any authority or person responsible for the management of—

(i)

a hospital;

(ii)

a clinic;

(iii)

a nursing home; or

(iv)

any other institution which provides medical or surgical treatment and which is approved by the Minister;

(d)

to a government department; or

(e)

for the purpose of its export.

(3)

Any person who contravenes subsection (1) commits an offence.

(4)

On any prosecution for selling an optical appliance in contravention of subsection (1), it shall be a defence for the defendant to prove that he sold the appliance as an antique and that he did not know and had no reason to believe that the appliance was bought for the purpose of being used to correct, remedy or relieve a defect of sight.

General penalty

Section 36 — OPTICAL ACT 1991 | mylaw.my