Malaysia legislation
Section 53
Section 53
The principal Act is amended by inserting after section 40
the following section:
“Compounding of offences 40a. (1) The Minister may, with the approval of Public
(a)
any offence under this Act as an offence which may be compounded; and
(b)
the method and procedure for compounding such offence.
(2)
The appropriate authority may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act prescribed to be compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the appropriate authority an amount of money not exceeding fifty per centum of the maximum fine for that offence within such time as may be specified in the written offer.
(3)
An 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.
(4)
If the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the appropriate authority may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
Atomic Energy Licensing (Amendment)
(5)
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 any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing seized under this Act in relation to the offence may be released by the appropriate authority, subject to such conditions as it thinks fit to impose.
(6)
All sums of money received by the appropriate authority under this section shall be paid into the Federal
Consolidated Fund.”.
New Part VIIIa