Malaysia legislation

Section 25

of *FEDERAL AGRICULTURAL MARKETING AUTHORITY ACT 1965

Section 25

Offences by body corporate, etc.

(2)

Where a person charged with an offence under this Act or any regulations made thereunder is a body corporate—

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(a)

every person who, at the time of the commission of the offence is a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate; and

(b)

where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to have committed that offence and shall be liable on conviction to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both and, for a second or subsequent offence to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding five years or to both, unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

(3)

Any person who would have been liable under this Act or any regulations made thereunder to any penalty for anything done or omitted if the thing had been done or omitted by him personally, shall be liable to the same penalty if the thing had been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of the thing.

Burden of proof

Section 25 — FEDERAL AGRICULTURAL MARKETING AUTHORITY ACT 1965