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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part IX · Enforcement

113. Offence by any person acting in official capacity, etc.

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(1)

Where an offence is committed by a body corporate or unincorporate—

(a)

a person who is its director, controller, officer or partner, or was purporting to act in any such capacity; or

(b)

a person who is concerned in the management of its affairs,

110

at the time of the commission of the offence is deemed to have committed that offence unless that person proves that the offence was committed without his knowledge or without his consent or connivance and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.

(2)

An individual may be prosecuted for an offence under subsection (1) notwithstanding that the body corporate or unincorporate has not been convicted of the offence whether or not a prosecution has been initiated or a conviction has been obtained against the body corporate or unincorporate.

(3)

Subsection (1) shall not affect the criminal liability of the body corporate or unincorporate for the offence referred to in that subsection.

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