Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Substitution of long title
/akn/my/act/amendment_act/2021/A1639
TRADE DESCRIPTIONS (AMENDMENT) 2021
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
- Type
- Amendment Act
- Status
- In force
- Enacted
- 2021
- Sections
- 10
- Languages
- MS · EN
Quick answer
About this amendment act
TRADE DESCRIPTIONS (AMENDMENT) 2021 is Malaysia Amendment Act, cited as Amendment Act A1639 2021, currently marked in force and first recorded in 2021.
Opening note
Preamble
- An Act to amend the Trade Descriptions Act 2011. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
The Trade Descriptions Act 2011 [Act 730], which is referred to as the “principal Act” in this Act, is amended by substituting for the long title the following long title:
“An Act for the purpose of promoting good trade practices by prohibiting false trade descriptions and false or misleading statements, conduct and practices in relation to the supply of goods and services, and by prohibiting, restricting or otherwise regulating or controlling the use of any statement, expression or indication which is likely to discriminate or boycott any product or goods or to discourage, forbid,
TRADE DESCRIPTIONS (AMENDMENT) ACT 2021
4
hinder or influence any person from using or consuming any product or goods in the course of trade or business, and to provide for matters connected therewith or incidental thereto.”.
Section 3
New section 39a
The principal Act is amended by inserting before section 40
the following section:
“Power of arrest 39a. (1) An Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit any offence under section 5, 16, 17,
20 or 51 of this Act.
(2)
An Assistant Controller making an arrest under subsection (1) shall without unnecessary delay take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the Criminal Procedure Code
[Act 593] as if he had been arrested by a police officer.”.
New section 52a
Section 4
The principal Act is amended by inserting after section 52
the following section:
“Power to take sample 52a. (1) An Assistant Controller may, without payment, demand, select, take or obtain samples of any goods for the purposes of analysis from any person manufacturing, producing, selling or importing such goods or from its agent or servant.
(2)
Any person who refuses to comply with any demand made by an Assistant Controller under subsection (1) commits an offence.”.
Trade Descriptions (Amendment)
5
Amendment of section 54
Section 5
Section 54 of the principal Act is amended by substituting for the shoulder note the following shoulder note:
“Presumption and examination with regards to sample”.
Section 6
Substitution of section 56
The principal Act is amended by substituting for section 56
the following section:
Quoted provision
Section 56
The Minister may, by order published in the Gazette and subject to such conditions specified in the order, exempt the application of any provision of this Act—
(i)
dispatch to a destination outside Malaysia; or
Section 7
“Exemption
The principal Act is amended by inserting after section 56
the following section:
“Power to order compliance 56a. (1) Where the Controller has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene any provision of this Act, the Controller may make an order requiring the person to cease the contravention, refrain from the contravention or refrain from any further contravention.
(2)
A copy of the order made under subsection (1) shall be served on every person named in it and the order shall take effect immediately after the order is served.
6
(3)
For the purposes of this section, service may be made by personal service or by A.R. registered post, facsimile transmission or any other means of transmission which results in the order being transmitted in writing to the person named in it.
(4)
The power to make an order under subsection (1)
may be exercised by the Controller personally or by any officer authorized in writing by the Controller.
(5)
Any person who fails to comply with any order issued under this section by the Controller or any officer authorized in writing by the Controller commits an offence.”.
Amendment of section 69
Section 8
Paragraph 69(2)(b) of the principal Act is amended by inserting after the words “the use of any” the words “statement,”.
Section 9
Validation and indemnity
(2)
No action or legal proceedings shall be brought, instituted or maintained against the Government of Malaysia, any officer of the Government of Malaysia, any competent authority named by the Minister under section 29 of the principal Act or any person acting under them in respect of any fees which were charged and collected in respect of certification and marking of halal during the period referred to in subsection (1), and if any action or legal proceedings has been brought, instituted or maintained, it shall be discharged and made void and no refund shall be made in respect of the fees charged and collected.
Common questions
- What is AKTA PERIHAL DAGANGAN (PINDAAN) 2021?
- TRADE DESCRIPTIONS (AMENDMENT) 2021 is Malaysia Amendment Act, cited as Amendment Act A1639 2021, currently marked in force and first recorded in 2021.
- Is AKTA PERIHAL DAGANGAN (PINDAAN) 2021 still in force?
- Yes — AKTA PERIHAL DAGANGAN (PINDAAN) 2021 is currently in force.
- When did AKTA PERIHAL DAGANGAN (PINDAAN) 2021 take effect?
- AKTA PERIHAL DAGANGAN (PINDAAN) 2021 was first recorded in 2021.
- How many sections does AKTA PERIHAL DAGANGAN (PINDAAN) 2021 have?
- AKTA PERIHAL DAGANGAN (PINDAAN) 2021 contains 10 sections.
- Where can I read the official version of AKTA PERIHAL DAGANGAN (PINDAAN) 2021?
- The official text of AKTA PERIHAL DAGANGAN (PINDAAN) 2021 is published at lom.agc.gov.my.