Malaysia legislation

Section 42

of *ALLIED HEALTH PROFESSIONS ACT 2016

Section 42

Compounding of offences

(a)

any offence under this Act and any regulations made under the Act that may be compounded;

(b)

criteria for compounding such offence; and

(c)

method and procedure for compounding such offence.

(2)

The authorized officer may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the authorized officer of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his 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 authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(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 document or thing seized in connection with the offence may be released by the Council, subject to such terms as the Council thinks fit.

Allied Health Professions 35

Public servant

Section 42 — ALLIED HEALTH PROFESSIONS ACT 2016 | mylaw.my