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Amendment Act

Control of Padi and Rice (Amendment) Act 2022

Amends the Control of Padi and Rice Act 1994

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Control of Padi and Rice

(Amendment) Act 2022.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Amendment of heading of Part II

The Control of Padi and Rice Act 1994 [Act 522], which is referred to as the “principal Act” in this Act, is amended in the heading of Part II by inserting after the words “DIRECTOR

GENERAL” the words “AND DEPUTY DIRECTOR GENERAL”.

CONTROL OF PADI AND RICE (AMENDMENT)

ACT 2022

4

s 3Amendment of section 3

Section 3 of the principal Act is amended—

(a)

in the shoulder note, by inserting after the words “Director

General” the words “and Deputy Director General”;

(b)

in subsection (1)—

(i)

by deleting the words “, by notification in the Gazette,”; and

(ii)

by inserting after the words “Director General”

the words “and one or such numbers of public officers to be the Deputy Directors General”; and

(c)

in subsection (2), by inserting after the words “Director

General” the words “and the Deputy Director General”.

s 4New section 28a

The principal Act is amended by inserting after section 28

the following section:

“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

Control of Padi and Rice (Amendment)

5

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.

(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.”.