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Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part XI · General

53. Power to make regulations

(1)

The Minister may make regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act.

Control of Smoking Products For Public Health 43

(2)

Without prejudice to the generality of subsection (1), the

Minister may prescribe—

(a)

all matters relating to the manner of application, cancellation, suspension or withdrawal of the registration of a tobacco product, smoking substance or substitute tobacco product;

(b)

all matters relating to particulars to be provided by an applicant, the manner of approval, the terms, conditions and restrictions of the registration to be imposed on the applicant;

(c)

all fees required by this Act to be prescribed;

(d)

all matters relating to prohibition on the advertisement of tobacco product, smoking substance or substitute tobacco product;

(e)

all matters relating to prohibition on the promotion or sponsorship of tobacco product, smoking substance or substitute tobacco product;

(f)

all matters relating to restriction and prohibition on the sale of tobacco product, smoking substance or substitute tobacco product;

(g)

all matters relating to the retail price or minimum selling price of tobacco product, smoking substance or substitute tobacco product;

(h)

all matters relating to packaging and labelling of tobacco product, smoking substance or substitute tobacco product;

(i)

all matters relating to non-smoking area or place;

(j)

all matters relating to the procedure of taking and dealing with the sample and analysis; and

(k)

any other matters required by this Act to be prescribed.

(3)

Any regulations made under subsection (1) may prescribe any act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both for the offence.

Terms defined in s 2

advertisement
Defined · s 2
“advertisement” includes any representation by any means for the purpose of promoting directly or indirectly any tobacco product, smoking substance or substitute tobacco product;
Open s 2
Minister
Defined · s 2
“Minister” means the Minister charged with the responsibility for health;
Open s 2
prescribed
Defined · s 2
“prescribed” means prescribed by the Minister in the regulations made under this Act;
Open s 2
sale
Defined · s 2
“sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;
Open s 2
smoking
Defined · s 2
“smoking” means inhaling and expelling the smoke or vapour, of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product which is ignited, heated or vaporized or used in any other methods;
Open s 2
smoking substance
Defined · s 2
“smoking substance” means any substance or any combination of substances, used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol;
Open s 2
substitute tobacco product
Defined · s 2
“substitute tobacco product” means any product or processed product, other than a tobacco product, that is capable of being smoked, whether with or without smoking substance;
Open s 2
tobacco product
Defined · s 2
“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;
Open s 2

Report

Part XII

Transitional

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