Malaysia legislation

Section 62

of MALAYSIAN PEPPER BOARD ACT 2006

Section 62

Offence committed by body corporate

(a)

may be charged severally or jointly in the same proceedings with the body corporate; and

(b)

where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

(2)

Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every

Act 656

such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—

(a)

by his employee in the course of his employment;

(b)

by the agent when acting on his behalf; or

(c)

by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

Abetments and attempts punishable as offences