Malaysian Cocoa Board (Incorporation) Act 1988 · s 23Y

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23Y.
Power to compound
(1) The Director General may compound any offence committed by any person under this Act that is prescribed to be a compoundable offence by regulations made under this Act by making a written offer to the person reasonably suspected to have committed the offence to compound the offence upon payment to the Director
General of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within the period specified in the offer.
(2)
An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the period specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3)
If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer was made and any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in connection with the offence may be released or forfeited by the
Director General, subject to such conditions as the Director General thinks fit.

42                                     Laws of Malaysia                          ACT 343
(4)
All moneys received by the Director General under this section shall be paid into and form part of the Fund.

Institution and conduct of prosecution

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s 23YPower to compound

(1)

The Director General may compound any offence committed by any person under this Act that is prescribed to be a compoundable offence by regulations made under this Act by making a written offer to the person reasonably suspected to have committed the offence to compound the offence upon payment to the Director

General of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within the period specified in the offer.

(2)

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the period specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(3)

If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer was made and any cocoa or the proceeds of sale of any cocoa, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in connection with the offence may be released or forfeited by the

Director General, subject to such conditions as the Director General thinks fit.

42 Laws of Malaysia ACT 343

(4)

All moneys received by the Director General under this section shall be paid into and form part of the Fund.

Institution and conduct of prosecution