Malaysia legislation
Section 11
Section 11
Power of Minister to make regulations
The Minister may after consultation with the Board, make regulations for the proper and effective carrying out of the purposes and provisions of this Act, and in particular and without prejudice to the generality of the foregoing, such regulations may—
(a)
require the registration and licensing of persons in respect of any or all activities that fall within the scope of the functions of the Board;
(b)
provide for matters relating to registration and licensing including the manner of applying for registration and licences, the fees payable for licences, the imposition or variation of conditions and restrictions of licences, and the revocation or suspension of such licences;
Malaysian Cocoa Board (Incorporation) 19
(c)
provide for matters relating to appeals;
(d)
regulate any or all activities that fall within the scope of the functions of the Board in any manner apart from or in addition to registration and licensing;
(e)
provide for the practices to be observed or avoided in the cocoa industry;
(f)
provide for the registration of contracts of sale including the details of such contracts, relating to the export of cocoa and cocoa products;
(g)
for the purposes of ensuring that the quality of cocoa to be exported is of such standard as may be prescribed and for the prevention of fraud in connection herewith, provide for the control and supervision of such standards including the prescribing of marks to be stamped or otherwise inscribed on cocoa packed for export;
(h)
prescribe the fees to be charged in respect of any research, investigation, test, advice or other services that the Board is requested to carry out, render or perform under these regulations;
(i)
prescribe penalties for the contravention of the provisions of any regulations made under this section with imprisonment not exceeding two years or a fine not exceeding
*fifty thousand ringgit or of both such imprisonment and fine;
(j)
prescribe the standards of processing and methods of fermenting, drying, grading or packaging cocoa and cocoa products;
(k)
prescribe the procedure for the import and export of cocoa beans and cocoa products;
*NOTE—Previously “ten thousand ringgit”–see the Malaysian Cocoa Board (Incorporation)
(Amendment) Act 2001 [Act A1103]
(f)
(i)
(j)
(k)
20 Laws of Malaysia ACT 343
(l)
prescribe the offences that may be compounded;
(m)
prescribe the records and documents to be kept and the returns to be submitted;
(n)
provide for such other matters as are contemplated by, or necessary for giving full effect to, this Act and for its due administration.
Appeals to the Minister