Highway Authority Malaysia (Incorporation) (Amendment) Act 2024

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of long title

by inserting after the definition of “Chairman” the following definition:

‘ “Director General” means the Director General of the Highway Authority Malaysia as appointed under section 8;’;

in the definition of “highway”—

by inserting after the words “median strips,”

the words “climbing lanes, overtaking lanes, tunnels, vehicular box culverts, gantries, lay-bys, ancillary facilities, amenities,”; and

by inserting after the definition of “highway” the following definition:

‘ “Minister” means the Minister charged with the responsibility for works;’.

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

The member of the Authority or committee who fails to disclose his interest as required under subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section.

For the purposes of this section—

“a member of his family”, in relation to a member of the Authority or committee, includes—

by renumbering the existing section as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsections:

“(2)  In discharging his duties, the Director General shall act under the general authority and directions of the Authority.

The Authority may appoint temporarily any officer of the Authority to act as the Director General for the period—

in subsection (1)—

by inserting after paragraph (b) the following paragraphs:

“(ba) to advise the Federal Government on any matters relating to highways;

(bb) to formulate, implement and monitor the standard for highways;

(bc) to undertake the planning, design, construction, operation, management and maintenance of highways;

(bd) to improve the information management system relating to traffic on highways;

(be) to improve the infrastructure and facilities for highways;”;

in subsection (2)—

in paragraph (c), by deleting the word “and”

at the end of the paragraph; and

the design, construction, management, operation and maintenance of highways;

other highway-related services;

in subsection (1), by substituting for the words “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit” the words

“commits an offence”; and

in subsection (2), by substituting for the words

“shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both” the words “commits an offence”.

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any offence under this Act or any regulations made under this Act as an offence which may be compounded; and

the method and procedure for compounding such offence.

The Director General or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

Highway Authority Malaysia (Incorporation)

(Amendment)

The written 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, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

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 the Director General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.

All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.”.