*STANDARDS OF MALAYSIA ACT 1996

This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for the coming into force of different provisions of the Act.

Interpretation

all movable and immovable property and all interests, rights and liabilities, whether equitable or legal in, to or out of such property, chose in action, investments, money and goodwill; and

all rights and liabilities in respect of contracts in relation to the construction of buildings, and “vested”, in relation to property, includes rights to property which are future or contingent;

“provisional Malaysian Standard” means a standard which has not undergone the formal procedures of technical committees deliberation and public comment and —

which in the opinion of the Council is urgently needed; or

in respect of which the Minister considers that trial use thereof is necessary before it can be finalised;

“recognized body”, in relation to standard, means a legal or administrative entity that has specific tasks and composition, with acknowledged authority for publishing standards;

“regulations” means regulations made under section 22;

“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

“standard” means a document established by consensus and approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for activities or their

10 Laws of Malaysia ACT 549

results, aimed at the achievement of the optimum degree of order in a given context, with which compliance is not mandatory;

“standardization” means the activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context;

“successor company” means the company limited by shares incorporated under the Companies Act 1965 [Act 125] and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in;

“technical regulation” means any written law that provides for technical requirements, either directly or by referring to or incorporating the content of a standard, technical specification or code of practice;

“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).

Any land held in the name of the Federal Lands Commissioner and which immediately before the vesting date is occupied by the

Institute shall continue to be occupied by the successor company under a lease at a rental and on such terms to be agreed upon by the

Federal Lands Commissioner and the successor company.

Standards of Malaysia 11

Notwithstanding subsection (1), only the functions of the

Institute which under this Act are not vested in the Director General and any other body shall be transferred to the successor company.

Every property vested by virtue of subsection (1) in the successor company shall be so vested in the company for the like title or interest as the same was vested or held immediately before the vesting date.

Every chose in action vested by virtue of subsection (1) in the successor company may, after the vesting date, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Institute to give notice to the person bound by the chose in action of the vesting effected by subsection (1).

Every right and liability vested by subsection (1) in the successor company may, on or after the vesting date, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Institute to give notice to the person whose rights and liabilities are affected by the vesting under subsection (1).

Any pending legal proceedings by or against the Institute which relate to any property, right and liability transferred to and vested in the successor company by virtue of subsection (1) may, on or after the vesting date, be continued by or against the successor company.

In the case of rights and liabilities arising under any loans which vest in the successor company on the vesting date, the company may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any third party.

On or after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the successor company under subsection (1) to which the Institute was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Institute, shall have effect as if the company had been a party to the agreement.

Notwithstanding subsection (9), any agreement entered into by the Institute, the subject matter of which relates to any matter falling

12 Laws of Malaysia ACT 549

within the powers and functions of the Director General under this

Act, shall, upon the vesting date devolve upon the Government and shall have effect as if the Government had been a party to the agreement.

Where by virtue of subsection (1), any property is transferred to and vested in the successor company, the provisions in Part Thirty of the National Land Code [Act 56 of 1965] shall, for the purpose of effecting the registration of such vesting, apply to the successor company, as if it were a public authority.

Initial Government holding in the successor company

Securities required to be issued in pursuance of this section shall be issued or allotted at such times and on such terms, as to allotment, as the Minister of Finance may, after consultation with the

Minister, direct.

Securities under this section—

Any dividends or other sums received by the Minister of

Finance by virtue of this section shall be paid into the Consolidated

Fund.

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Government investment in further issues of shares of the successor company

Any expenses incurred by the Minister of Finance in consequence of the provisions of this section shall be treated as investments and be authorized under subparagraph 8(3)(a)(iv) of the

Financial Procedure Act 1957 [Act 61].

Any dividends or other sums received by the Minister of

Finance under this section shall be paid into the Consolidated Fund.

Stamp duty shall not be chargeable in respect of any increase in the capital of the successor company which—

Every such person who opts under subsection (1) to serve as an employee of the successor company shall be employed by such company on terms and conditions of service not less favourable than the terms and conditions of service to which he was entitled immediately before the appointed date.

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Government of Malaysia to hold all shares in the successor company

Shares in the successor company held by the Minister of

Finance shall be held by the Minister of Finance Incorporated under the Minister of Finance (Incorporation) Act 1957 [Act 375].

Notwithstanding any other written law or rule of law, it shall not be necessary to complete or register a transfer of shares of the kind referred to in subsection (2) consequent upon a change in the person holding the office of the Minister of Finance.

The Minister of Finance may exercise all the rights and powers attaching to the shares in the successor company held by him.

The Minister of Finance may, at any time, by written notice to the Company Secretary of the successor company, authorize, on such terms and conditions as are specified in the notice, any person as he thinks fit to act as his representative at any or all of the meetings of shareholders of the successor company or of any class of shareholders, and any person so authorized shall be entitled to exercise the same powers, on behalf of the Minister of Finance, as the

Minister of Finance could exercise if present in person at the meeting.

Minister of Finance to hold shares

sell or otherwise dispose of any shares in the successor company held by him to any person; or

permit shares in the successor company to be allotted to any person.

Nothing in subsection (1) shall apply to redeemable preference shares that—

The Director General shall hold office for such term and subject to such conditions as the Minister may, after consultation with the

Public Services Commission, determine.

The Director General shall have an official seal to be published in the Gazette for the authentication of documents required for the purposes of his duties and functions under this Act.

Duties and functions of the Director General

In discharging his duties and functions under subsection (1), the

Director General may—

Any delegation made under this section shall not prevent the

Director General himself from performing the duty or exercising the function so delegated.

Power of the Minister to give directions

a Chairman;

a Deputy Chairman;

a representative of the successor company;

five representatives of the Government; and

not more than twelve other members who, in the opinion of the Minister, have wide experience or special knowledge in matters relating to standardization and accreditation.

The Director General shall be an ex officio member of the

Council.

Subject to the direction and control of the Minister, the duties of the Council shall be —

A member of the Council shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of three years and shall be eligible for reappointment for any successive periods not exceeding three years.

The Minister may appoint, on the nomination of a member, not more than one person to be an alternate member of the member to attend meetings of the Council in place of the member when the member is for any reason unable to attend.

When attending meetings of the Council in place of a member, an alternate member shall be deemed to be a member of the Council.

In the event of the Chairman being absent or unable to act due to illness or any other cause or if the office of the Chairman is vacant, the Deputy Chairman shall carry out the duties and functions of the

Chairman.

In the event of an equal division of votes on any matter before the Council, the Chairman shall have the casting vote.

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Committees

Where a standard has been declared to be a provisional

Malaysian Standard, the expression “Provisional” or “P” shall be included in the title or number of the Malaysian Standard.

No standard shall be declared to be a Malaysian Standard, and no Malaysian Standard shall be amended, revised or withdrawn, unless the Minister is satisfied that the persons who may be affected by the declaration, amendment, revision or withdrawal have had an opportunity to consider it and to comment thereon through a mechanism as the Council may determine.

The declaration, amendment, revision or withdrawal of a

Malaysian Standard shall be made in the manner prescribed by regulations or, if no such regulations have been made, in such manner as may be determined by the Council.

(Deleted by Act A1425).

(Deleted by Act A1425).

Standards of Malaysia 21

Accreditation certificates

Where the Director General, after considering the application made under subsection (1), is satisfied that the criteria and procedures relating to accreditation are fulfilled, he may grant to the applicant an accreditation certificate as prescribed by regulations, or if no such regulations have been made, as may be determined by the Council.

An accreditation or registration certificate under this section shall be granted for a period as specified by the Director General but so long as the terms and conditions of the accreditation certificate are complied with, the accreditation certificate may from time to time be renewed by the Director General for such periods as he may specify.

Every person who applies for an accreditation certificate under this section and every person to whom an accreditation certificate is so granted shall, if he is at any time required by the Director General to do so, submit—

For the purpose of accreditation under this section, there shall be payable to the Director General by the applicant or accreditation certificate holder, the prescribed accreditation fees and such other costs as may reasonably be incurred in connection with accreditation.

The Director General shall keep a register to record the details of every accreditation certificate granted under this section and the register shall be made available to the public.

The Director General may at any time suspend or revoke an accreditation certificate granted under this section if, in his opinion, any terms and conditions attached to the accreditation certificate have

22 Laws of Malaysia ACT 549

been breached, but an accreditation certificate holder whose accreditation certificate has been suspended or revoked may appeal to the Council.

Restriction on the use of words

Where any written law provides for the registration of any body of persons, the registering authority may refuse registration if in its opinion the use of the name by which the body desires to be registered is prohibited under subsection (1).

This section shall, with the necessary modifications, apply to an individual person carrying on business under any name or style other than his own.

Any body of persons that, or any person who, does any act in contravention of this section shall, unless it is proved that the act was not done for gain or with intent to defraud, be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Miscellaneous offences

makes any statement or representation, whether in writing or otherwise, with reference to any conformity assessment that conveys or is likely to convey the impression that a person who is not accredited under this Act with reference to that conformity assessment activity is so accredited;

makes any statement or representation, whether in writing or otherwise, that conveys or is likely to convey the impression that a conformity assessment complies with the

Standards of Malaysia 23

requirements of accreditation when it does not so comply;

or

having been accredited to use the accreditation symbol, uses the accreditation certificate after its withdrawal, or during its suspension, or otherwise in contravention of the terms and conditions of the accreditation certificate, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and, for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

Ownership of Malaysian Standards

Whenever the authorized officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Power of investigation

In any case relating to the commission of an offence under this

Act, an authorized officer carrying out an investigation may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].

Search and seizure with warrant

to enter the premises and search for, seize and detain any computer, book, record, computerized data, document or other article;

to inspect, make copies of, or take extracts from, any computer, book, record, computerized data, document or other article so seized and detained;

to take possession of, and remove from the premises any computer, book, record, computerized data, document or other article so seized and detain it for such period as may be necessary;

to search any person who is in, or on, such premises and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or

to break open, examine, and search any computer, book, record, computerized data, document or other article.

An authorized officer acting under subsection (1) may, if it is necessary so to do—

If, by the reason of its nature, size or amount, it is not practicable to remove any computer, book, record, computerized data, document or other article seized under this section, the authorized officer shall, by any means, seal such computer, book, record, computerized data, document or other article.

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the computer, book, record, computerized data, document or other article under seal or attempts to do so shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Search and seizure without warrant

For the purposes of this section, an authorized officer shall be provided with the necessary password, encryption code, decryption

Standards of Malaysia 27

code, software or hardware and any other means required to enable comprehension of computerized data.

List of computers, books, records, etc., seized

The list prepared in accordance with subsection (1) shall be delivered immediately to the person in control or in charge of the premises which have been searched.

Examination of persons acquainted with case

Such person shall be bound to answer all questions relating to the case put to him by the authorized officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

The authorized officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2) and

.

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be—

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to an authorized officer in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence

Act 1950.

When any person is charged with any offence in relation to the making or the contents of any statement made by him to an authorized officer in the course of an investigation made under this

Act, that statement may be used as evidence in the prosecution’s case.

Power to require attendance of persons acquainted with case

If any such person refuses or fails to attend as required by an order made under subsection (1), the authorized officer may report his refusal or failure to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.

Standards of Malaysia 29

Release of seized computer, book, record, etc.

A record in writing shall be made by the authorized officer effecting the release of the computer, book, record, computerized data, document or other article under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Director General within seven days of the release.

Cost of holding seized computer, book, record, etc.

to require the production of any computer, book, record, computerized data, document or other article kept by any person and to inspect, examine and make copies from them;

to require the production of any identification document from any person in relation to any act or offence under this

Act;

to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

Obstruction of authorized officers

assaults, obstructs, impedes or interferes with any authorized officer in the performance of his powers under this Act;

refuses any authorized officer access to any premises which the authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act; or

refuses any authorized officer any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Without prejudice to the generality of subsection (1), the

Minister may make regulations for or with respect to all or any of the following matters:

Regulations made under subsection (2) may prescribe any act in contravention of the regulations to be an offence and may prescribe

32 Laws of Malaysia ACT 549

penalties of a fine not exceeding twenty thousand ringgit or imprisonment for a term not exceeding two years or to both.

Notwithstanding subsection (1), all subsidiary legislation made under or in accordance with the repealed Act shall, in so far as they are not inconsistent with this Act, continue in force until modified, revoked or replaced by this Act.

Continuance of criminal and civil proceedings

Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the vesting date by or against the Institute or any person acting on its behalf may be continued or instituted by or against the successor company as if such proceedings had been instituted by or against the Institute or such person if this

Act had not been passed:

Provided that if such proceedings relate to matters pertaining to any accreditation agreements, such proceedings shall be continued or instituted by or against the Government.

Any appeal brought or any leave to appeal applied for on or after the vesting date against a decision given before that date in any legal proceedings to which the Institute was a party may be brought by or against the successor company:

Standards of Malaysia 33

Provided that if such appeal relates to matters pertaining to any accreditation agreements, then the appeal shall be brought by or against the Government.

Saving of standards, marks and licences

All marks registered as certification trade marks by virtue of section 29 of the said Act or deemed to have been registered under section 49 of the said Act and remaining so registered immediately before the commencement of this Act shall continue to remain registered.

(Deleted by Act A1425).

Prevention of anomalies

The Minister shall not exercise the powers conferred by subsection (1) after the expiration of two years from the commencement of this Act.

_______________________________

34

Act 549

LIST OF AMENDMENTS

Amending law

Short Title

Standards of Malaysia (Amendment)

Act 2012

In force from

15-04-2012

_____________

35

Act 549

LIST OF SECTIONS AMENDED

Section

Long title

Amending authority

In force from

15-04-2012

2

15-04-2012

10

13