Private Healthcare Facilities and Services Act 1998 · s 99

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

99.
Compounding of offences
(1)  The Director General may compound any offence committed by a private healthcare facility or service under this Act which is prescribed to be a compoundable offence by making a written offer to the holder of the approval or the licensee or holder of a certificate of registration or a person in charge of a private healthcare facility or service to compound the offence upon the payment to the Director General—
(a) such sum of money as may be specified in the offer but which shall not be more than fifty per centum of the maximum fine to which the holder of the approval or the

78                                    Laws of Malaysia                          ACT 586
licensee or holder of certificate of registration would have been liable if he or it had been convicted of the offence;
and
(b) within such time as may be specified in the offer.
(2)  No offer to compound shall be made without the written consent of the Public Prosecutor.
(3)  An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.
(4)  Where an offence has been compounded—
(a) no further proceedings shall be taken and no prosecution shall be instituted against the holder of the approval, licensee, holder of a certificate of registration or person to whom the offer to compound was made; and
(b) any book, record, document, apparatus, equipment, instrument, material, article, substance or any other thing seized in connection with the offence, may be released subject to such conditions as may be imposed.
(5)  Any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated
Fund.
(6)  Where the amount specified in the offer to compound is not paid within the time specified in the offer, or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time thereafter against the holder of the approval or the licensee or holder of the certificate of registration or the person to whom the offer was made.

Private Healthcare Facilities and Services                 79
Institution and conduct of prosecution

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 99Compounding of offences

(1)

The Director General may compound any offence committed by a private healthcare facility or service under this Act which is prescribed to be a compoundable offence by making a written offer to the holder of the approval or the licensee or holder of a certificate of registration or a person in charge of a private healthcare facility or service to compound the offence upon the payment to the Director General—

(a)

such sum of money as may be specified in the offer but which shall not be more than fifty per centum of the maximum fine to which the holder of the approval or the

78 Laws of Malaysia ACT 586

licensee or holder of certificate of registration would have been liable if he or it had been convicted of the offence;

and

(b)

within such time as may be specified in the offer.

(2)

No offer to compound shall be made without the written consent of the Public Prosecutor.

(3)

An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted.

(4)

Where an offence has been compounded—

(a)

no further proceedings shall be taken and no prosecution shall be instituted against the holder of the approval, licensee, holder of a certificate of registration or person to whom the offer to compound was made; and

(b)

any book, record, document, apparatus, equipment, instrument, material, article, substance or any other thing seized in connection with the offence, may be released subject to such conditions as may be imposed.

(5)

Any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated

Fund.

(6)

Where the amount specified in the offer to compound is not paid within the time specified in the offer, or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time thereafter against the holder of the approval or the licensee or holder of the certificate of registration or the person to whom the offer was made.

Private Healthcare Facilities and Services 79

Institution and conduct of prosecution