Private Healthcare Facilities and Services Act 1998 · Updated to 1 Dec 2015 · Part XVI · Enforcement
99. Compounding of offences
Official textFrom Laws of Malaysia Online, unchanged
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—
Director General
“Director General” means the Director General of Health, Malaysia;
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
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licensee or holder of certificate of registration would have been liable if he or it had been convicted of the offence;
and
within such time as may be specified in the offer.
No offer to compound shall be made without the written consent of the Public Prosecutor.
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.
Where an offence has been compounded—
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
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.
Any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated
Fund.
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.
licensee
“licensee” means a person to whom a licence to operate or provide a private healthcare facility or service other than a private medical clinic or private dental clinic granted under paragraph 19(a);
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Institution and conduct of prosecution
Terms defined in s 2
certificate of registration
Defined · s 2“certificate of registration” means a certificate issued under section 27;
Director General
Defined · s 2“Director General” means the Director General of Health, Malaysia;
licensee
Defined · s 2“licensee” means a person to whom a licence to operate or provide a private healthcare facility or service other than a private medical clinic or private dental clinic granted under paragraph 19(a);
person in charge
Defined · s 2“person in charge” means a person possessing such qualification, training and experience as may be prescribed and who shall be responsible for the management and control of the private healthcare facility or service to which a licence or registration relates;
prescribed
Defined · s 2“prescribed” means prescribed by the Minister by order or regulations made under this Act;
private healthcare facility
Defined · s 2“private healthcare facility” means any premises, other than a Government healthcare facility, used or intended to be used for the provision of healthcare services or health-related services, such as a private hospital, hospice, ambulatory care centre, nursing home, maternity home, psychiatric hospital, psychiatric nursing home, community mental health centre, haemodialysis centre, medical clinic, dental clinic and such other healthcare or health-related premises as the Minister may from time to time, by notification in the Gazette, specify;
Part XVII
Power of Minister
Part XVIII
Miscellaneous
Part XIX