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In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Part III · Safety of Goods and Services

23. Prohibition against unsafe goods and services

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(1)

The Minister may, on the recommendation of the Controller, by order published in the Gazette, declare any goods or any class of goods to be prohibited goods or any services or class of services to be prohibited services, where the goods or goods of that class or services or services of that class have caused or are likely to cause injury to any person or property or is otherwise unsafe.

(2)

An order made under subsection (1) may require the supplier, in such manner and within such period as may be specified in the order, and at the supplier’s own expense, to do any or all of the following:

(a)

recall the prohibited goods;

(b)

stop the supply of, or the offer to supply, the prohibited goods or prohibited services;

(c)

stop the advertisement of the prohibited goods or prohibited services;

(d)

disclose to the public any information relating to—

(i)

the characteristics of the prohibited goods or prohibited services which render them unsafe;

(ii)

the circumstances in which use of the prohibited goods or prohibited services are unsafe;

(iii)

any other matter relating to the prohibited goods or prohibited services or the use of the prohibited goods or prohibited services as may be specified;

(e)

repair or replace the prohibited goods or prohibited services;

Consumer Protection 35

(f)

refund to any person to whom the prohibited goods or prohibited services were supplied the price paid or the value of the consideration given for the prohibited goods or prohibited services or any lesser amount as may be reasonable having regard to the use that that person has had of the prohibited goods or prohibited services.

(3)

Where an order is made under subsection (1), the Controller shall, by notice to the supplier, require the supplier to take any or all of the actions referred to in the order.

(4)

A notice under subsection (3) need not be provided directly to the supplier and may be provided by general methods, including placing notices in the public news media, as the Controller thinks fit, provided that the notice is clear and reasonable.

(5)

The supplier shall comply with all the requirements of any order and notice made under this section.

(6)

Further and without prejudice to the foregoing, where an order under subsection (1) is in effect—

(a)

no person shall supply, or offer to or advertise for supply, any prohibited goods or prohibited services; and

(b)

no supplier shall—

(i)

where the notice identifies a defect in, or a dangerous characteristic of, the prohibited goods or prohibited services, supply goods or services of a kind to which the order relates which contain the defect or have the characteristic; or

(ii)

in any other case, supply goods or services of a kind to which the order relates.

Report

Part IV

Offences, Defences and Remedies in Relation to Parts II and III

Part V

Guarantees in Respect of Supply of Goods

Part VI

Rights Against Suppliers in Respect of

Part VII

Rights Against Manufacturers in Respect of

Part VIII

Guarantees in Respect of Supply of Services

Part IX

Rights Against Suppliers in Respect of Guarantees in the Supply of Services

Part X

Part XI

The National Consumer Advisory Council

Part XII

The Tribunal for Consumer Claims

Part XIII

Enforcement

Part XIV

General and Miscellaneous

Schedules