Section 209F
Power to compound offences
—
The Director, and any other officer duly authorized by the Director by notification in the Gazette, may, subject to rules made under section 213(1)(dd), accept from any person who is reasonably suspected of having committed an offence under, other than an offence under Part X, this Code or any rules made thereunder—
[Am. Cap. A119.]
162
(a)
a sum of money not exceeding two-third of the fine stipulated for the offence; and
(b)
a sum equivalent to—
(i)
any royalty, fee, premium or other levy due and payable under this Code, to the Government at the time of the commission of the offence; and
(ii)
any expense incurred or damage suffered by the Government by reason of the offence committed by that person, such expense or damage shall be assessed by the Director.
(1A)
The Secretary of the State Planning Authority or any officer duly authorized by him by notification in the Gazette may compound an offence under Part X of this Code in the manner and in accordance with the provisions laid out by this section.
[Ins. Cap. A119.]
(2)
Where any property has been seized and is liable to forfeiture as provided in this Part, the officer compounding the offence may release such property:
Provided that the said officer may, prior to the release of the property, require the owner thereof to pay an amount equivalent to the value thereof, as assessed by the Director or any officer duly authorized by him.
[Sub. Cap. A68.]
(3)
On the payment of such sum of money or such value or both, as the case may be, the person reasonably suspected of committing the offence shall be discharged, the property, if any, shall be released and no further proceedings shall be taken against such person or property.
163
(4)
All sums of money received under this section as compensation or in respect of property forfeited under section 209D shall be credited to the Consolidated Fund of Sarawak.
(5)
Any power vested in any officer by notification under subsection (1) may, at any time, be withdrawn by the Director by notification in the Gazette.
[Ins. Ord. No. 3/79; Sub. Cap. A50; Am. Cap. A61.]