Malaysia legislation
Section 23
Section 23
(2)
An order made under subsection (1) may require the supplier, in such manner and within such period as may be specified in the order, and at the supplier’s own expense, to do any or all of the following:
(a)
recall the prohibited goods;
(b)
stop the supply of, or the offer to supply, the prohibited goods or prohibited services;
(c)
stop the advertisement of the prohibited goods or prohibited services;
(d)
disclose to the public any information relating to—
(i)
the characteristics of the prohibited goods or prohibited services which render them unsafe;
(ii)
the circumstances in which use of the prohibited goods or prohibited services are unsafe;
(iii)
any other matter relating to the prohibited goods or prohibited services or the use of the prohibited goods or prohibited services as may be specified;
(e)
repair or replace the prohibited goods or prohibited services;
WJW21/1045 Act 599.indd 34 18/03/2022 6:42 PM
Consumer Protection 35
(f)
refund to any person to whom the prohibited goods or prohibited services were supplied the price paid or the value of the consideration given for the prohibited goods or prohibited services or any lesser amount as may be reasonable having regard to the use that that person has had of the prohibited goods or prohibited services.
(3)
Where an order is made under subsection (1), the Controller shall, by notice to the supplier, require the supplier to take any or all of the actions referred to in the order.
(4)
A notice under subsection (3) need not be provided directly to the supplier and may be provided by general methods, including placing notices in the public news media, as the Controller thinks fit, provided that the notice is clear and reasonable.
(5)
The supplier shall comply with all the requirements of any order and notice made under this section.
(6)
Further and without prejudice to the foregoing, where an order under subsection (1) is in effect—
(a)
no person shall supply, or offer to or advertise for supply, any prohibited goods or prohibited services; and
(b)
no supplier shall—
(i)
where the notice identifies a defect in, or a dangerous characteristic of, the prohibited goods or prohibited services, supply goods or services of a kind to which the order relates which contain the defect or have the characteristic; or
(ii)
in any other case, supply goods or services of a kind to which the order relates.
Prohibition of importation of goods or services