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In forceUpdated to 2 Jan 2025Read it in Bahasa Malaysia
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Part XVI · Enforcement and Penalties

260. Offence committed by any person acting in official capacity

(1)

Where an offence is committed by a body corporate or unincorporate, a person—

(a)

who is its director, controller, officer or partner, or was purporting to act in any such capacity; or

(b)

who is concerned in the management of its affairs, at the time of the commission of the offence is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.

(2)

An individual may be prosecuted for an offence under subsection (1) notwithstanding that the body corporate or unincorporate has not been convicted of the offence whether or not a prosecution has been initiated or a conviction has been obtained against the body corporate or unincorporate.

(3)

Subsection (1) shall not affect the criminal liability of the body corporate or unincorporate for the offence referred to in that subsection.

(4)

The penalty of imprisonment for an offence applies to an individual convicted of an offence by virtue of subsection (1), notwithstanding that the imprisonment does not apply to the body corporate or unincorporate by virtue of section 258.

236

Report

Read on from s 261

Part XVII

General Provisions

Read on from Part XVII

Part XVIII

Repeal, Savings and Transitional

Read on from Part XVIII

Schedules