Malaysia legislation
Section 2
Section 2
The Local Government Act 1976 [Act 171], which is referred to as the “principal Act” in this Act, is amended by inserting after section 104 the following section:
“Community service order 104a. (1) Where a person is convicted of an offence for the breach of any by-laws made under subparagraph 73(1)(a)(ii), the court before which such person is convicted may, in addition to the fine that it may impose under such by-laws, make a community service order requiring the convicted person to perform community service not exceeding twelve hours in aggregate within the period not exceeding six months and for such number of hours each day not exceeding four as may be specified in such order.
(2)
Before making a community service order under subsection (1), the court shall—
(a)
consider the physical and mental condition of the convicted person, if it is expedient for him to perform community service; and
Local Government (Amendment)
(b)
explain to the convicted person in ordinary language—
(i)
the effect of the community service order;
and
(ii)
the consequence of failure to comply with the community service order.
(3)
Any officer of a local authority duly authorized in writing shall, after a community service order is made under subsection (1), determine the time and place for the performance of the community service and type of community service to be performed by the convicted person, and take reasonable steps to inform the convicted person ordered to perform the community service of such time and place, and the type of community service to be performed.
(4)
During the period of the community service order, the performance of the community service by the convicted person shall be supervised by an officer of a local authority duly authorized in writing.
(5)
The supervision by the officer of a local authority duly authorized in writing of the performance of the community service by the convicted person under subsection (4)
shall be in such manner as may be prescribed in any by-laws made under this Act.
(6)
A local authority may make by-laws—
(a)
to prescribe the type of community service to be performed under a community service order;
(b)
to prescribe the manner of supervision of the performance of the community service under a community service order.
(7)
Any person who fails to comply with the community service order made under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than two thousand ringgit and not exceeding ten thousand ringgit.
(8)
Where a community service order under subsection (1)
is made against a child found guilty of an offence for the breach of any by-laws made under subparagraph 73(1)(a)(ii), the provisions relating to community service order under the
Child Act 2001 [Act 611] shall apply.
(9)
For the purposes of this section—
(a)
“child” means a person who is under the age of eighteen years;
(b)
“community service” means an unpaid work, service or course of instructions performed or undertaken for the purpose of maintaining or improving cleanliness of a public place.”.
New section 121a