Malaysia legislation
Section 130N
Section 130N
Power to compound offences
(2)
The Director, a Deputy Director of Labour or a Senior Assistant
Director of Labour may, in a case where he deems it fit and proper so to do, compound an offence by making a written offer to the person who has committed the offence to compound the offence on payment to the Director, Deputy Director of Labour or Senior Assistant Director of Labour as the case may be, within such time as may be specified in
Labour 107
the offer, of such sum of money, as may be specified in the offer, which shall not exceed fifty per centum of the amount of the maximum fine
(including the daily fine, if any, in the case of a continuing offence) to which the person would have been liable if he had been convicted of the offence.
(3)
An offer under subsection (2) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or within such extended period as the Director, Deputy Director of Labour or Senior Assistant Director of Labour may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(4)
Where an offence has been compounded under subsection (2)—
(a)
no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made; and
(b)
any book, register or document seized in connection with the offence shall be released immediately.
(5)
Any moneys paid to the Director, Deputy Directors of Labour or Senior Assistant Directors of Labour pursuant to subsection (2), shall be paid into and form part of the Federal Consolidated Fund.
CHAPTER XVIB
Power to make rules