Malaysia legislation
Section 28
of ACCESS TO BIOLOGICAL RESOURCES AND BENEFIT SHARING ACT 2017
Section 28
(a)
the permit holder has contravened any provisions of this
Act;
(b)
the permit holder has contravened any of the conditions of the permit;
(c)
the permit was issued as a result of false, misleading or inaccurate information;
(d)
the permit was obtained improperly or illegally; or
(e)
the permit holder has been convicted of an offence under this Act.
(2)
Before revoking the permit, the Competent Authority shall give the permit holder an opportunity to be heard.
(3)
Where the Competent Authority revokes the permit under subsection (1), the Competent Authority shall immediately notify the permit holder and the National Competent Authority of the decision and grounds for the revocation.
(4)
Upon such notification, the permit holder shall immediately surrender the permit, any research results and related documents, and the accessed biological resource to the Competent Authority that issued the permit.
(5)
Any permit holder who contravenes subsection (4) commits an offence and shall, on conviction, be liable—
(a)
where such person is an individual, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both, and in the case of a continuing offence, to a further fine not exceeding five thousand ringgit for each day during which the offence continues after conviction; or
Act 795
(b)
where such person is a body corporate, to a fine not exceeding five hundred thousand ringgit, and in the case of a continuing offence, to a further fine not exceeding ten thousand ringgit for each day during which the offence continues after conviction.
Appeal against revocation of permit