Standards of Malaysia Act 1996 · Updated to 30 Apr 2012 · Part VII · Repeal and Transitional Provisions
24. Continuance of criminal and civil proceedings
Official textFrom Laws of Malaysia Online, unchanged
Neither the repeal under section 23 nor anything contained in this Act shall affect the liability of any person to be punished or prosecuted for offences committed under the repealed Act before the commencement of this Act or shall affect any proceedings brought before that commencement in respect of such offences.
Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the vesting date by or against the Institute or any person acting on its behalf may be continued or instituted by or against the successor company as if such proceedings had been instituted by or against the Institute or such person if this
vesting date
“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).
Act had not been passed:
Provided that if such proceedings relate to matters pertaining to any accreditation agreements, such proceedings shall be continued or instituted by or against the Government.
accreditation
“accreditation” means a procedure by which the Department gives attestation that a conformity assessment body is competent to carry out specific conformity assessment activity;
Any appeal brought or any leave to appeal applied for on or after the vesting date against a decision given before that date in any legal proceedings to which the Institute was a party may be brought by or against the successor company:
Institute
“Institute” means the Standards and Industrial Research Institute of Malaysia established under the Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975;
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Provided that if such appeal relates to matters pertaining to any accreditation agreements, then the appeal shall be brought by or against the Government.
Terms defined in s 2
accreditation
Defined · s 2“accreditation” means a procedure by which the Department gives attestation that a conformity assessment body is competent to carry out specific conformity assessment activity;
Institute
Defined · s 2“Institute” means the Standards and Industrial Research Institute of Malaysia established under the Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975;
successor company
Defined · s 2“successor company” means the company limited by shares incorporated under the Companies Act 1965 and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in;
vesting date
Defined · s 2“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).