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Section 126

Compounding of offences

of Wildlife Conservation Act 2010

ActIn forceProvision 126 of 150
Section 126
(1)

The Director General may, with the consent of the Public

Prosecutor, offer to compound any offence committed by any person under this Act or any of its subsidiary legislation and prescribed to be a compoundable offence by regulations made under this Act.

(2)

Notwithstanding subsection (1), the offences specified under paragraphs 68(2)(b) and (c), subsections 69(2), 70(2), 72(2) and 72(3)

shall not be compoundable offences.

(3)

An offer under subsection (1) may be made by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the offer.

(4)

An offer under subsection (3) 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 under subsection (1) is not paid within the time specified in the offer, or within such extended time 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.

(5)

Where an offence has been compounded under subsection (3), no prosecution shall after that be instituted in respect of such offence against the person to whom the offer to compound was made and any wildlife, part or derivative of any wildlife, snare, trap, bait, poisoned bait, arms, conveyance, book, record, document or thing seized in connection with the offence may be released or forfeited by the

Director General, subject to such terms and conditions as the Director

General thinks fit to impose in accordance with the conditions of the compound.

74 Laws of Malaysia