Malaysia legislation
Section 63
Section 63
(a)
a member of the board of directors;
(b)
an officer;
(c)
an employee; or
(d)
an agent, of the skills training provider, the skills training provider shall be deemed to have also committed that offence.
(2)
In a prosecution against a skills training provider under subsection (1) by virtue of an offence committed by—
(a)
a member of the board of directors;
(b)
an officer;
(c)
an employee; or
(d)
an agent,
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Act 652
of the skills training provider, it shall be a defence for any skills training provider prosecuted under subsection (1) if the skills training provider proves—
(aa) that the offence was committed without the knowledge or connivance of the skills training provider; or
(ab) that the skills training provider—
(i)
took all reasonable precautions; and
(ii)
exercised all due diligence, to prevent the commission of the offence as the skills training provider ought to have taken and exercised, having regard to the nature of the functions of the member of the board of directors, officer, employee or agent in that capacity and to all the circumstances.
Compounding of offences