Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part XI · General
48. Compounding of offences
Feedback & supportThe Minister may, with the approval of the Public
Minister
“Minister” means the Minister charged with the responsibility for health;
Prosecutor, make regulations prescribing—
any offence under this Act or any regulations made under this Act as an offence which may be compounded; and
the method and procedure for compounding such offence.
The Director General or any authorized officer authorized by the Director General may, with the consent in writing of the
Director General
“Director General” means the Director General of Health, Malaysia;
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.
prescribed
“prescribed” means prescribed by the Minister in the regulations made under this Act;
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.
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.
Where an offence has been compounded under this section—
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
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.
All sums of money received by the Director General or authorized officer under this section shall be paid into and form part of the Federal Consolidated Fund.