Malaysia legislation

Section 13

of HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) (AMENDMENT) ACT 2024

Section 13

New sections 26a and 26b

The principal Act is amended by inserting after section 26

the following sections:

“Prosecution 26a.  No prosecution shall be instituted for any offence under this Act or any regulations made under this Act except by or with the written consent of the Public Prosecutor.

Compounding offences 26b.  (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 or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, 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.

Highway Authority Malaysia (Incorporation)

(Amendment)

(3)

The written 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, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the Director General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.

(5)

All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.”.

Substitution of section 27

Section 13 — AKTA LEMBAGA LEBUH RAYA MALAYSIA (PEMERBADANAN) (PINDAAN) 2024