Malaysia legislation
Section 44
Section 44
Prosecutor, make regulations prescribing—
In the case of a conviction involving a fine the court imposing the fine may, on the application of the officer conducting the prosecution, direct the payment of any part of the fine but not exceeding one half of such fine in such proportion as the court deems fit to the person who gave the information leading to the conviction.
Use of supply line, etc., for purposes of communications under the Communications and Multimedia Act 1998 44a. (1) Notwithstanding any other provisions of this Act and subject to the provisions of this section and to any terms and conditions as may be prescribed, any supply line, part of an electricity supply infrastructure, installation, plant or equipment may be used for the purposes of communications under the
Communications and Multimedia Act 1998.
(2)
For the purposes of subsection (1), the Commission may issue codes, guidelines or directions.
(3)
Prior to and during the operation of communications, as the case may be, the licensee, non-domestic electrical installation owner or operator, electricity consumer and the person licensed under the Communications and Multimedia Act 1998 shall comply with such regulations, codes, guidelines and directions referred to in subsections (1) and (2).
Act 447
(4)
The licensee, non-domestic electrical installation owner or operator and the person licensed under the Communications and
Multimedia Act 1998 shall be responsible in ensuring that the provision or operation of the communications, as the case may be, is in compliance with the Act.
(5)
Any owner or occupier of an electrical installation in a dwelling premises or electricity consumer may choose to be a customer or otherwise of communication service provided by a person licensed under the Communications and Multimedia Act 1998 who shall obtain the express consent of such owner or occupier or consumer before providing the communication service.
(6)
Notwithstanding any provisions of the Communications and
Multimedia Act 1998, any licensee or person licensed under the
Communications and Multimedia Act 1998 who fails to comply with this section commits an offence.
Part IXa
ELECTRICITY INDUSTRY FUND
Contribution by licensee 44b. (1) A licensee shall, if required by the Minister under any regulations made under this Act or by order published in the
Gazette pursuant to the recommendation made by the Commission, allocate and pay into the Electricity Industry Fund, in such manner and at such rates as may be prescribed in such regulations or order.
(2)
Upon the recommendation of the Commission, the Minister may suspend or revoke such requirement made under subsection (1).
Electricity Industry Fund 44c. (1) A fund to be known as the “Electricity Industry Fund”
is established and shall be administered and controlled by the
Commission.
Electricity Supply 69
(2)
The Electricity Industry Fund shall consist of—
(a)
such sums allocated and paid by a licensee pursuant to section 44b;
(b)
such sums as may be provided by the Parliament for the purposes of the Electricity Industry Fund from time to time;
(c)
all moneys derived as income from investments made from the Electricity Industry Fund, including interest income; and
(d)
all other moneys lawfully received by the Commission on behalf of the Electricity Industry Fund.
(3)
The Electricity Industry Fund shall be expended for the following purposes:
(a)
to manage the impact of electricity tariff on consumers;
or
(b)
such other purposes pertaining to the electricity industry as deemed necessary by the Commission.
Investment 44d. (1) The moneys in the Electricity Industry Fund shall, in so far as they are not required or immediately required to be expended by the Commission for the purposes of subsection 44c(3), be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve.
(2)
The Commission shall open and maintain an account or accounts to hold moneys in the Electricity Industry Fund with such bank or banks in Malaysia as it thinks fit, after consulting the Minister and the Minister of Finance, and every such account shall be operated upon in such manner as may be authorized by the Commission for such purpose from time to time.
Act 447
Accounts 44e. (1) The Commission shall cause proper accounts of the
Electricity Industry Fund and proper reports of its activities in respect of the Fund to be kept and shall, as soon as practicable after the end of the financial year of the Commission, cause to be prepared for that financial year—
(a)
a statement of accounts which shall include a balance sheet and an account of the contributions and expenditure; and
(b)
a statement of its activities.
(2)
The Commission shall as soon as practicable send a copy of the statement of accounts certified by the auditors and a copy of the auditor’s report to the Minister who shall cause them to be laid before both Houses of Parliament.