Malaysia legislation

Section 11

of *MEDICAL DEVICE AUTHORITY ACT 2012

Section 11

(2)

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or the committee, as the case may be, in which the matter is discussed and, after the disclosure the member—

(a)

shall not be present or take part in any discussion or decision of the Authority or committee, as the case may be, about the matter; and

(b)

shall be disregarded for the purpose of constituting a quorum of the meeting of the Authority or committee, as the case may be, when the matter is discussed or decided upon.

(3)

A member of the Authority or committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

14 Laws of Malaysia ACT 738

(4)

No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section.

(5)

For the purposes of subsection (1)—

“a member of his family” includes—

(a)

his spouse;

(b)

his parent (including a parent of his spouse);

(c)

his child (including an adopted child or stepchild);

(d)

his brother or sister (including a brother or sister of his spouse); and

(e)

a spouse of his child, brother or sister; and

“associate” means—

(a)

a person who is a nominee or an employee of the member;

(b)

a firm of which the member or any nominee of his is a partner;

(c)

a partner of the member;

(d)

a trustee of a trust under which the member or a member of his family is a beneficiary; or

(e)

any corporation within the meaning of the

Companies Act 1965 [Act 125], of which the member or any nominee of his or a member of the

 NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017―see subsection 620(1) of Act 777.

Medical Device Authority 15

member’s family is a director or has a substantial shareholding in the corporation.