Malaysia legislation
Section 8
Section 8
New sections 7a, 7b, 7c and 7d
The principal Act is amended by inserting after section 7
the following sections:
Quoted provision
Section 7a
(2)
The Minister may, for the purposes of subsection (1)
and without prejudice to the generality of subsection (1), make an order published in the Gazette for the following purposes:
(a)
to prescribe the qualification and standards of competency of persons to be employed by a licensed person;
Occupational Safety and Health (Amendment)
(b)
to prescribe the powers of a person employed by a licensed person to carry out the functions of a licensed person;
(c)
to prescribe the records to be kept by a licensed person;
(d)
to prescribe the returns to be submitted by a licensed person to the Director General at certain intervals;
(e)
to regulate the inspection by the Director General of the premises of a licensed person and the records kept thereat;
(f)
to prescribe inspection standards for a licensed person to comply with; and
(g)
to prescribe the functions or duties to be carried out by a licensed person.
(3)
The Minister may, by order published in the Gazette, authorize a licensed person to demand, prescribe, collect and retain charges, fees or levy in respect of the services provided by the licensed person.
(4)
An order made under subsection (3) shall specify—
(a)
the type of services in respect of which charges, fees or levy may be demanded, collected and retained;
and
(b)
the duration of the authorization to demand, collect and retain the charges, fees or levy.
(5)
A licensed person authorized under subsection (3)
shall—
(a)
maintain such account, books and records in respect of the payment and collection of charges, fees or levy as the Director General may require;
(b)
furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the
Director General may require; and
(c)
permit the Director General or any other person authorized in writing by the Director General to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment and collection of charges, fees or levy.
(6)
The authorization of a licensed person under subsection (3) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the licensed person to carry out his obligations under this Act in respect of which charges, fees or levy are demanded, collected and retained.
(7)
If a licensed person contravenes any condition of the licence or any of the provisions of any order made under this section or any of the provisions of subsection (5) with which he is required to comply, the licensed person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(8)
Notwithstanding the licensing of a person under this section, the Minister may give directions to the
Director General to exercise any of the functions which under the terms of the licence are to be carried out by such person.
Revocation of licence 7b. (1) If the Director General is satisfied that a licensed person has breached any condition of the licence, the
Director General may give a notice in writing to the licensed person requiring him to comply with the condition which he has breached and take all measures stipulated in the notice within the period stated in the notice.
(2)
If by the time the period stipulated in the notice expires the licensed person has failed to comply with the notice, the
Director General shall present a report to the Minister on such failure.
Occupational Safety and Health (Amendment)
(3)
If, after considering the report from the
Director General, the Minister is satisfied that the breach is serious in nature or affects or may affect the safety and health of employees or members of the public and that the licensed person has failed or refused to take or has not taken all measures stipulated in the notice for the purpose of ensuring compliance with the condition which the licensed person has breached, the Minister may give the licensed person a notice stating that he proposes to revoke the licence granted to such person and the notice shall also state—
(a)
the breach alleged against the licensed person and the actions or omissions that constitute the breach;
and
(b)
the period (which shall not be less than thirty days from the date of the notice) within which the licensed person may make representations pertaining to the revocation.
(4)
After the expiry of the period stated in the notice and after considering any representations made by the licensed person, the Minister may decide whether to continue with the proposed revocation or take no further action.
(5)
Where the Minister decides to revoke the licence or take no further action, the Minister shall give a notice to the licensed person to inform him of the decision, and the decision shall come into force on the date the notice is delivered to the licensed person.
(6)
A licensed person shall surrender the revoked licence to the Director General within seven days from the date of receipt of the notice under subsection (5).
(7)
Notwithstanding the revocation of the licence, the validity of any certificate of fitness issued by the licensed person shall continue to be valid until the expiry date of the certificate of fitness and the licenced person shall continue to assume any obligation, duty and responsibility imposed by or in connection with the issuance of the certificate of fitness.
Granting of new licence upon revocation 7c. (1) Upon the revocation of a licence under section 7b, the Minister may, after consulting the Director General, appoint another person to carry out, discharge, assume or perform any of the functions, obligations, duties, responsibilities and conditions conferred or imposed by the revoked licence, and to receive any payments, benefits or privileges which the person whose licence is revoked is entitled to receive or enjoy under the terms and conditions of the licence.
(2)
The person whose licence is revoked shall render all necessary assistance and cooperation to the person appointed by the Minister under subsection (1).
Representing as licensed person 7d. (1) A person shall not represent himself as a licensed person if he was never granted a licence under section 7a or the licence granted to him has been revoked under section 7b.
(2)
A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.
Substitution of section 9