Electricity Supply Compounding Offences…

Section 1

(1)

These regulations may be cited as the Electricity Supply (Compounding of Offences) Regulations 2024.

(2)

These Regulations come into operation on 3 January 2024.

Section 2

Compoundable offences

The offences specified in the First Schedule are prescribed to be compoundable offences.

Section 3

Offer and acceptance of compound

(1)

An offer to compound an offence shall be made in Form 1 of the Second

Schedule.

(2)

A person who accepts an offer to compound a compoundable offence shall accept the offer in Form 2 of the Second Schedule.

Section 4

Payment of compound

(1)

If an offer to compound an offence is accepted by the person to whom the offer is made, he may pay the compound —

3

(a)

by cash and such payment shall be delivered personally to the

Commission; or

(b)

by money order, postal order, cashier’s order, banker’s cheque or bank draft payable to the Commission and crossed with the words “Account

Payee Only”.

(2)

If the payment is made under paragraph (1)(b), it shall be delivered personally or sent by registered post addressed to the Commission.

(3)

The Commission shall issue an official receipt for every payment received under this regulation to the person to whom the offer to compound is made.

(4)

Notwithstanding subregulation (1), the person to whom the offer to compound an offence is made may make payment by electronic means as determined by the

Commission from time to time.

4

FIRST SCHEDULE

[Regulation 2]

COMPOUNDABLE OFFENCES

The following offences are prescribed to be offences which may be compounded:

(a)

the offences committed under the Electricity Supply Enactment 2024 as follows:

(i)

subsection 4(1);

(ii)

paragraph 8(7)(a);

(iii)

paragraph 8(7)(b);

(iv)

subsection 8(8);

(v)

subsection 12(3);

(vi)

subsection 14(2);

(vii)

subsection 15(5);

(viii)

section 16;

(ix)

section 17;

(x)

subsection 28(4);

(xi)

subsection 28(6);

(xii)

subsection 28(7);

(xiii)

subsection 29(1);

(xiv)

subsection 29(3);

(xv)

subsection 30(3);

(xvi)

subsection 31(3);

(xvii)

subsection 32(2);

(xviii)

subsection 37(6);

(xix)

subsection 39(4);

(xx)

subsection 39(6);

(xxi)

subsection 44(2);

(xxii)

subsection 45(4);

(xxiii)

subsection 51(6);

(xxiv)

subsection 52(3);

(xxiv)

subsection 53(4);

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(xxv)

subsection 54(2);

(xxvi)

subsection 55(2);

(xxvii)

subsection 56(2);

(xxviii)

paragraph 61(3)(i);

(xxix)

subsection 61(4);

(xxx)

subsection 61(5);

(xxxi)

subsection 61(6);

(xxxii)

subsection 61(7);

(xxxiii)

subsection 55(1);

(xxxiv)

subsection 61(8);

(xxxv)

subsection 61(9);

(xxxvi)

section 62;

(xxxvii)

subsection 63(1);

(xxxviii)

xxxviii

subsection 63(3);

(xxxix)

subsection 63(7);

(xl)

subsection 67(6);

(xli)

section 83;

(xlii)

subsection 90(2);

(xliii)

subsection 91(4);

(xliv)

subsection 91(5);

(xlv)

subsection 91(6);

(xlvi)

subsection 96(2);

(xlvii)

subsection 97(6);

(xlviii)

subsection 98(2);

(xlix)

subsection 100(1);

(l)

section 103;

(li)

subsection 106(5);

(lii)

subsection 107(3); and

(liii)

subsection 108(4);

(b)

all offences committed under the Electricity Supply Regulations 2024; and

(c)

all offences committed under the Efficient Management of Electrical Energy

Regulations 2024.

6

SECOND SCHEDULE

FORM 1

[Subregulation 3(1)]

OFFER TO COMPOUND OFFENCE

When replying please quote:

Reference no.: ……………......

Date: ………………………….

Energy Commission of Sabah

………………………………...

To:

………………………………...

Sir/Madam,

Section 1

An investigation has been conducted against you ……………………………………

and you are found to have committed under the Electricity Supply Enactment 2024/

regulations made under the Enactment with the following particulars:

(a)

relevant provision of the Enactment/regulations*:

…………………………………………………………………………………

(b)

date: ………………………………...

(c)

time: ………………………………...

(d)

place: ……………………………….

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(e)

particulars of the offence:

…………………………………………………………………………………

Section 2

Section 3

If this offer is accepted, payment may be made by cash/money order/postal order/

cashier’s order/banker’s cheque/bank draft/electronic means** payable to the Energy

Commission of Sabah and crossed with the words “Account Payee Only” and shall be delivered personally or sent by registered post to the following address:

…………………………………………………………………………………………

Section 4

An official receipt shall be issued on receipt of payment of the compound.

Section 5

This offer shall be valid until ………………………………………………..

Section 6

If no payment is received within the said period, prosecution for the offence may be instituted against you without further notice.

Date:

Official stamp:

…..…………………………..

Chief Executive Officer

*

Insert citation of relevant legislation

** Delete whichever is inapplicable

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FORM 2

[Subregulation 3(2)]

ACCEPTANCE OF OFFER TO COMPOUND OFFENCE

To:

Energy Commission of Sabah

…………………………………

Sir,

I refer to the Offer to Compound Offences bearing the Reference No. ……………………

dated ………………………………..

Section 2

I accept the offer and enclosed herewith the payment in the form of cash/money order/postal order/cashier’s order/banker’s cheque/bank draft/electronic means* No.:…………………….

for the sum of RM ………………………. (Ringgit Malaysia: ................................... only)

as full settlement of the sum stipulated in paragraph 2 of the Offer to Compound Offences.

Signature

: .....……………………………………………………

Name (in capital letter)

:…………………………………………………………

Address

:…………………………………………………………

...………………………………………………………

Date

:…………………………………………………………

* Delete whichever is inapplicable

Made this 3 January 2024.

DATUK SERI PANGLIMA HAJI HAJIJI BIN HAJI NOOR,

Chief Minister of Sabah.

Electricity Supply Compounding Offences Regulations 2024

(2)

(2)

(a)

(b)

(2)

(3)

(4)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

(xv)

(xvi)

(xvii)

(xviii)

(xix)

(xx)

(xxi)

(xxii)

(xxiii)

(xxiv)

(xxiv)

(xxv)

(xxvi)

(xxvii)

(xxviii)

(xxix)

(xxx)

(xxxi)

(xxxii)

(xxxiii)

(xxxiv)

(xxxv)

(xxxvi)

(xxxvii)

(xxxviii)

(xxxix)

(xl)

(xli)

(xlii)

(xliii)

(xliv)

(xlv)

(xlvi)

(xlvii)

(xlviii)

(xlix)

(l)

(li)

(lii)

(liii)

(b)

(c)

(a)

(b)

(c)

(d)

(e)

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