Malaysia legislation

Section 58

of Environment Protection Enactment 2002

Section 58

Compounding of offences

(1)

The Director may, compound any offence committed by any person under this Enactment or any regulations made under this Enactment by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding fifty per centum of the amount of the maximum fine for that offence, within the time specified in the offer.

(2)

An offer to compound under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(3)

Where the amount specified in the offer to compound under subsection (1) is not paid within the time specified in the offer, or within such extended period as the

Director may grant, prosecution for that offence may be instituted at any time after such period against the person to whom the offer to compound was made.

(4)

Where an offence has been compounded under subsection (1), no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made and 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, subject to such terms and conditions as may be imposed in accordance with the conditions of the compound.

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(5)

All moneys paid to the Director shall be paid into and form part of the State

Consolidated Fund.

Protection against suit and legal proceedings