Malaysia legislation
Section 89
Section 89
(a)
any offence under this Act and any regulations made under this Act that may be compounded;
Act 804
(b)
the criteria for compounding such offence; and
(c)
the method and procedure for compounding such offence.
(2)
The authorized officer may, with the written consent of the Public Prosecutor, compound any offence committed by any person under this Act and any regulations made under this
Act and prescribed to be a compoundable offence by making a written offer to the person suspected of committing the offence to compound the offence on payment to the authorized officer of an amount of money not exceeding fifty per cent of the amount of the maximum fine for that offence within the time specified in the offer.
(3)
An 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.
(4)
If the amount specified in the offer is not paid within the time specified in the offer or such extended time as the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(5)
Where an offence has been compounded under this section—
(a)
no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any goods seized in connection with the offence, may be released immediately subject to such terms and conditions as may be imposed.
Delegation of functions and powers