Malaysia legislation

Section 52A

of *FACTORIES AND MACHINERY ACT 1967

Section 52A

Power to compound offences

(2)

The Chief Inspector or any Deputy Chief Inspector or any Senior

Inspector 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 the payment to the Chief Inspector or the Deputy Chief Inspector or the Senior Inspector, 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 is 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 Chief Inspector or the

Deputy Chief Inspector or the Senior Inspector 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) no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made.

(5)

Any money paid to the Chief Inspector or a Deputy Chief Inspector or a Senior Inspector under subsection (2) shall be paid into and form part of the Federal Consolidated Fund.

52 Laws of Malaysia ACT 139

Power to modify agreements