Malaysia legislation

Section 65

of GEOGRAPHICAL INDICATIONS ACT 2022

Section 65

Compounding of offences

(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 Controller may, with the consent in writing of the

Public Prosecutor, at any time before a prosecution is being instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence to compound the offence upon payment to the Controller of 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.

(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 Controller 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.

Geographical Indications 61

(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

Controller may forfeit or return the goods, document, material, article or thing seized in connection with the offence, subject to such terms as the Controller thinks fit.

(5)

All sums of money received by the Controller under this section shall be paid into and form part of the Federal Consolidated Fund.

Principal liable for acts of servant or agent