Malaysia legislation
Section 13
Section 13
Section 36 of the principal Act is amended by inserting after subsection (3) the following subsections:
“(4) Any company which contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of not less than fifty thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(5)
Where an offence under this section has been committed by a company, 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 company or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the company or was assisting in such management—
(a)
may be charged severally or jointly in the same proceedings with the company; and
(b)
where the company 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.”.
Sports Development (Amendment)
13
Amendment of section 38