22. Dishonest use of resources to generate electricity

(1)

Any person who in any manner dishonestly generates electricity from a renewable energy installation by using resources other than the renewable resource specified in the feed-in approval applicable to that renewable energy installation in order to receive the payment or higher payment of feed-in tariffs from the distribution licensee commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.

(2)

A written statement by an officer of the Authority or any person authorized by the Authority specifying—

Renewable Energy 25

(a)

the amount of loss to the Fund resulting from the payment or higher payment of feed-in tariff under subsection (1); and

(b)

the person liable for such amount of loss, shall be prima facie evidence of the amount of loss to the Fund and the person liable for such amount of loss.

(3)

The Authority shall require the person referred to in subsection (1) to pay to the Authority the amount of loss to the Fund resulting from the payment or higher payment of feed-in tariffs to that person under subsection (1).

(4)

The amount stated in the written statement under subsection (2) which is not paid shall be treated as a civil debt due to the Authority by such person and shall be recoverable by civil action in court.

Report

Part V

Renewable Energy Fund

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Part VI

Information Gathering Powers

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Part VII

Enforcement

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Part VIII

General

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Part IX

Savings and Transitional

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