Malaysia legislation
Section 15
Section 15
“Power to fix tariffs and charges
The principal Act is amended by inserting after section 13
the following sections:
“Obligation to submit business plan 13a. (1) Subject to the terms and conditions of a licence, the Commission may request a regasification, transportation or distribution licensee to submit a five year, or such other period as determined by the Commission, rolling business plan relating to licensed activities updated on an annual basis or any other time period as determined by the Commission according to procedures provided in the guidelines issued by the Commission.
(2)
Any licensee referred to in subsection (1) who contravenes this section commits an offence.
Gas Supply (Amendment)
23
Standards of performance of supply of gas and services by licensee 13b. (1) The Commission may issue guidelines on such standards of performance in connection with the—
(a)
supply of gas and provision of services to consumers by retail licensee; and
(b)
services in relation to the activities of regasification, transportation or distribution licensee.
(2)
The standards referred to in subsection (1) include such consumer service standards to be implemented by the licensee and procedures for—
(a)
reasonably meeting consumer requirements;
(b)
the handling of consumer complaints and disputes;
(c)
procedures for the compensation of consumers in case of a breach of the standards of performance, consumer service standards or for a breach of any of its obligations under the Act that affects consumers; and
(d)
the protection of consumer information.
(3)
The licensees referred to in subsection (1) shall publish their own consumer service standards in accordance with the guidelines issued by the Commission under this section.
(4)
Any action taken by the Commission under this section in respect of any failure by any licensee to meet the published standards shall not prejudice or affect any other remedy which may be available in respect of the act or omission of such licensee which constituted that failure under any other law including the Consumer Protection
Act 1999 [Act 599].
(5)
Any licensee who contravenes this section commits an offence and shall, on conviction, be liable for a fine—
(a)
in the case of a retail licensee, not exceeding three hundred thousand ringgit and a further fine of one thousand ringgit for every day the offence is continued after conviction, and compensation for any loss incurred for the amount of which to be fixed by the court under section 30d; and
(b)
in the case of regasification, transportation or distribution licensee, not exceeding one million ringgit and to a further fine not exceeding ten thousand ringgit for every day or part of a day during which the offence continues after conviction, and compensation for any loss incurred for the amount of which to be fixed by the court under section 30d.
Separate account for activities under the licence 13c. (1) In respect of its licensed activities, a licensee shall maintain proper annual accounts separate from the licensee’s other business and the Commission may request the licensee to submit such report to the Commission from time to time.
(2)
Such separate accounts shall contain sufficient details of any revenues, costs, assets, liabilities, reserves, provisions or any other matter which have been either—
(a)
charged from or to any other business; or
(b)
determined by allocation or apportionment attributable and identifiable to the licensed activity or activities, or any other information deemed necessary by the
Commission.
(3)
Any licensee who contravenes this section commits an offence and shall, on conviction, be liable to a fine of not exceeding five hundred thousand ringgit and a further fine of one thousand ringgit for every day the offence is continued after conviction.
Gas Supply (Amendment)
25
Requirements on licensing 13d. (1) Notwithstanding any other provisions of this Act, if at any time it appears to the Commission that a licensee has failed to comply with any requirement of or to meet any of its duties or obligations under this Act or under any of its subsidiary legislation or the terms or conditions of the licence, the Commission may issue a direction requiring the licensee to rectify the failure or to comply with the requirements, duties or obligations or terms or conditions of the licence within a specified period as the Commission may determine.
(2)
The licensee shall take all reasonable measures to comply and submit periodic compliance reports on the measures taken to the satisfaction of the Commission.
(3)
Any licensee who contravenes subsection (2) commits an offence.”.
Substitution of section 14