Section 40

Any person who commits an offence under this Act is, on conviction, where no penalty is expressly provided therefor, liable to imprisonment for a term not exceeding ten years or a fine not exceeding one hundred thousand ringgit or both.

Where an offence under this Act is committed by a body corporate, every person who at the time of the commission of the offence was a director or officer of that body corporate commits that offence:

Provided that nothing in this subsection shall render any such person so liable if he proves that he exercised all due diligence and took all reasonable precautions to prevent the commission of such offence and that such offence was committed without his knowledge, consent and connivance.

Any person who would have been liable under this Act to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall be liable to the same penalty if such thing had been done or omitted by his partner, agent or servant, unless he proves that he exercised all due diligence and took all reasonable precautions to prevent the doing or omission of such thing and that such thing was done or omitted without his knowledge, consent and connivance.

Without prejudice to the Criminal Procedure Code [Act 593], the prosecution of any offence committed under this Act may be conducted by the appropriate authority or any senior public officer authorized in writing generally or specially so to do by the appropriate authority.

Atomic Energy Licensing 29

Secrecy