Malaysia legislation

Section 28

of *TRADE DESCRIPTIONS ACT 2011

Section 28

(a)

that it would be in the interest of persons to whom any goods are supplied or any services are provided; or

(b)

that it would be in the interest of persons by whom any goods are exported and would not be contrary to the interest of persons to whom such goods are supplied in

Malaysia, that any expression used in relation to the goods or services should be understood as having definite meanings, the Minister may by order, assign such meanings either—

(A)

to those expressions when used in the course of trade or business as, or as part of, a trade description applied to the goods or services; or

(B)

to those expressions when so used in such circumstances as may be specified in the order, and where such a meaning is so assigned to an expression it shall be deemed for the purposes of this Act to have that meaning when used as mentioned in paragraph (A) or, as the case may be, paragraph (B).

(2)

It is an offence for any person who uses the expression which has been defined in the order specified in subsection (1) as a trade description of goods or services, in order to mislead or confuse the person who wants to buy or obtain the goods or services, as if the goods or services were supplied according to the definition given to that expression.

Trade Descriptions 27

(3)

Any person who commits an offence under this section shall, on conviction, be liable—

(a)

if such person is a body corporate, to a fine not exceeding five million ringgit, and for a second or subsequent offence, to a fine not exceeding ten million ringgit; or

(b)

if such person is not a body corporate, to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding five million ringgit or to imprisonment for a term not exceeding five years or to both.

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