Malaysia legislation
Section 28
Section 28
Protection of authorized person
No proceedings shall be instituted under this Act against a person duly authorized in that behalf by the Director General who has knowingly done or omitted to do any act which would, but for the provisions of this section, have been an offence:
Provided that he has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act or any regulation made thereunder.
Compounding of offences 28a. (1) The Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—
(a)
any offence under this Act or any regulations made under this Act as an offence which may be compounded; and
(b)
the method and procedure for compounding such offence.
(2)
The Director General may, with the consent in writing of the
Public Prosecutor, at any time before a charge is being instituted, compound any offence prescribed as an offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Director General of a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.
(4)
If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Director
General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
Control of Padi and Rice 27
(5)
Where an offence has been compounded under this section—
(a)
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any document or thing seized in connection with the offence may be released by the Director General, subject to such terms as the Director General thinks fit.
(6)
All sums of moneys received by the Director General under this section shall be paid into and form part of the Federal
Consolidated Fund.