Section 105
Compounding of offences
of Malaysian Qualifications Agency Act 2007
(1)
The Agency may, with the consent of the Public
Prosecutor, offer in writing to compound any offence committed by any person under this Act or any regulations made under this
Act and prescribed to be a compoundable offence under this Act by making a written offer to such person to compound the offence upon payment to the Agency of such amount not exceeding fifty per cent of the amount of maximum fine for that offence, within the time specified in the offer.
(2)
An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.
(3)
If the amount specified in the offer under subsection (1)
is not paid within the time specified in the offer or within such extended period as the Agency may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection (1), no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made and where possession has been taken of any books, records or other documents or any other thing, such books, records, documents or things may be released subject to such conditions as may be imposed in accordance with the conditions of the compound.
(5)
The amounts of money received under this section shall be paid into and form part of the Consolidated Fund.