Malaysia legislation
Section 29
Section 29
The principal Act is amended by inserting after section 37
the following sections:
“Offence committed by body corporate 37a. (1) Where an offence against this Act or its subsidiary legislation has been committed by a body corporate, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(2)
If any person would be liable under this Act or any regulations made under this Act to any punishment or penalty for his act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee, servant or agent of his, or of the employee or servant of such agent if the act, omission, neglect or default was committed—
(a)
by that person’s employee or servant in the course of his employment;
(b)
by the agent when acting on behalf of that person;
or
(c)
by the employee or servant of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.
Electricity Supply (Amendment)
33
Offence of attempt and abetment 37b. Where any person—
(a)
aids, abets, assists, incites or induces any other person to make or makes on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act; or
(b)
attempts to make or to make on behalf of another person an incorrect return, account, statement or declaration or to commit any offence punishable under this Act, that person commits an offence and shall, on conviction, be punishable with the punishment provided for such offence under this Act provided that any term of imprisonment imposed shall not exceed one-half of the longest term provided for the offence.”.
Amendment of section 38