Malaysia legislation
Section 101
Section 101
In any inquiry, investigation, entry or inspection made by the Director General, or by any officer lawfully exercising the powers of the Director General under this Act, any person committing with respect to such inquiry, investigation, entry or inspection any offence described in Chapter X of the
Penal Code shall on conviction be punished as prescribed in such Chapter.
WJW23/0686 Act 265.indd 100 04/10/2023 5:25 PM
Employment 101
Power to compound offences 101a. (1) The Director General, Deputy Director General or any officer authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by a person which is punishable under this
Act or any regulation made under this Act.
(2)
The Director General, Deputy Director General or any officer authorized in writing by the Director General may, in a case where he deems it fit and proper so to do, compound an offence by making a written offer to the person who has committed the offence to compound the offence on payment to the Director General, Deputy
Director General or any officer authorized in writing by the Director
General, as the case may be, within such time as may be specified in the offer, of such sum of money, as may be specified in the offer, which shall not exceed fifty per centum of the amount of the maximum fine (including the daily fine, if any, in the case of a continuing offence) to which the person would have been liable if he had been convicted of the offence.
(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, and where the amount specified in the offer is not paid within the time specified in the offer, or within such extended period as the Director General, Deputy Director
General or any officer authorized in writing by the Director
General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection (2)—
(a)
no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any book, register or document seized in connection with the offence shall be released immediately.
(5)
Any moneys paid to the Director General, Deputy Director
General or any officer authorized in writing by the Director
General pursuant to subsection (2) shall be paid into and form part of the Federal Consolidated Fund.
WJW23/0686 Act 265.indd 101 04/10/2023 5:25 PM
Act 265
Offence by body corporate, etc.