Malaysia legislation
Section 32
Section 32
Section 30 of the principal Act is amended—
(a)
in subsection (1)—
(i)
by substituting for the words “supplies gas through pipelines” the words “carries out any activity of retail or use of gas through a piping system”;
(ii)
by substituting for the word “five” the word
“three”; and
(iii)
by substituting for the words “pipeline or installation” the words “piping system”;
(b)
by inserting after subsection (1) the following subsection:
“(1a) Any person who, in contravention of section 11, carries out any activity of import into regasification terminal, regasification, shipping, transportation or distribution of gas through pipelines without any licence commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit, or to imprisonment for a term not exceeding five years or to both and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.”;
(c)
by substituting for subsection (2) the following subsection:
“(2) For the purposes of subsections (1) and (1a), any licensee who, without the express authority from the
Commission, carries on the activity of transportation, distribution, retail or use of gas or lays down any pipeline or constructs any piping system outside the area of supply specified in his licence shall be deemed to be operating without a licence and commits offences under subsections (1) and (1a) accordingly.”;
(d)
in subsection (3), by substituting for the word “five” the word “fifty”;
(e)
by substituting for subsection (4) the following subsection:
“(4) Any import into regasification terminal, shipping, retail or private gas licensee who without lawful excuse fails to comply with any term or condition expressed in the licence commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit and to a further fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.”;
(f)
by inserting after subsection (4) the following subsection:
“(4a) Any regasification, transportation or distribution licensee who without lawful excuse fails to comply with any term or condition expressed in the licence commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit and to a further fine not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction.”;
(g)
in subsection (5), by substituting for the word “fifty” the words “one hundred”;
Gas Supply (Amendment)
(h)
in subsection (6)—
(i)
by substituting for the words “one hundred” the words “five hundred”; and
(ii)
by inserting after the words “to both” the words
“, and shall also be liable to pay compensation for the loss incurred for the amount of which to be fixed by the court under section 30d”;
(i)
in subsection (7)—
(i)
by substituting for the word “five” the words
“one hundred”; and
(ii)
by inserting after the words “to both” the words“, and shall also be liable to pay compensation for the loss incurred for the amount of which to be fixed by the court under section 30d”; and
(j)
in subsection (9)—
(i)
by substituting for the word “five” the word
“fifty”; and
(ii)
by inserting after the words “to both” the words
“, and shall also be liable to pay compensation for the loss incurred for the amount of which to be fixed by the court under section 30d”.
New sections 30a, 30b, 30c, 30d and 30e