1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Trade Descriptions Act 2011 .

(2) This Act comes into operation on a date to be appointed by the Minister, by notification in the Gazette .

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires::

  "this Act"  includes any subsidiary legislation made under this Act;

["this Act" Ins. Act A1545:s.2]

  "goods"  includes ships, aircrafts, vehicles, animals, plants and crops and all kinds of movable property;

  "electronic"  means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology;

  "advertisement"  means every form of advertising (whether or not accompanied by or in association with spoken or written words or other writing or sounds and whether or not contained or issued in a publication) by the display of notices or by means of catalogues, price lists, circulars, labels, cards or other documents or ma

3 PART I PRELIMINARY-3. Appointment of Controller, Deputy Controller, Assistant Controllers, etc .

(1) The Minister may appoint, from among public officers, a Controller, such number of Deputy Controllers, Assistant Controllers and other officers as may be necessary for the purposes of this Act.

(2) The Controller shall perform the duties imposed and exercise the powers conferred on him subject to the general direction and control of the Minister.

(3) The Deputy Controllers, Assistant Controllers and other officers appointed under subsection (1) shall be under the direction and control of the Controller.

(4) The Deputy Controllers may perform all the duties imposed and exercise all the powers conferred on the Controller.

(5) The Controller and Deputy Controllers may perform all the duties imposed and exercise all the powers conferred on the Assistant Controllers.

(6) An officer appointed under this section when acting against any person under this Act shall, on demand, declare his office and produce to the per

4 PART I PRELIMINARY-4. [Deleted by Act A1607].

5 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-5. Prohibition of false trade description.

(1) Any person who::

(a) applies a false trade description to any goods;

(b) supplies or offers to supply any goods to which a false trade description is applied; or

(c) exposes for supply or has in his possession, custody or control for supply any goods to which a false trade description is applied,

commits an offence and shall, on conviction, be liable::

(A) if such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit; or

(B) if such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for

6 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-6. Trade description.

(1) A trade description is an indication, whether direct or indirect and by any means given, of any of the following matters with respect to any goods or parts of goods:

[Am. Act A1607]

(a) nature or designation;

(b) quantity, length, width, height, area, volume, capacity, weight, size or gauge;

(c) method of manufacture, production, processing or reconditioning;

(d) composition;

(e) fitness for purpose, strength, performance, behaviour or accuracy;

(f) the standard of fineness of articles made of precious metal;

(g) any physical or technological characteristics not included in the preceding paragraphs;

(h) date of expiration of the goods;

(i) testing by any person and results thereof;

(j) quality otherwise than as specified in the preceding

7 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-7. False trade description.

(1) A false trade description is a trade description which is false to a material degree.

(2) A trade description which, though not false, is misleading, that is to say, likely to be taken for an indication of any of the matters specified in section 6 as would be false to a material degree, is deemed to be a false trade description.

(3) Anything which, though not a trade description, that is to say, likely to be taken for an indication of any of the matters specified in section 6 as would be false to a material degree, is deemed to be a false trade description.

(4) A false indication, or anything likely to be taken as an indication which would be false, that any goods comply with a standard specified or recognized by any person or implied by the approval of any person is deemed to be a false trade description, if there is no such person or no standard so specified, recognized or implied.

8 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-8. [Deleted by Am. Act A1607]

9 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-9. [Deleted by Act A1607].

10 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-10. Applying a trade description to goods.

(1) A person applies a trade description to goods if he or any person authorized by him::

(a) affixes or annexes it to or in any manner marks it on or incorporates it with::

(i) the goods themselves; or

(ii) anything in, on or with which the goods are supplied;

(b) places the goods in, on or with anything which the trade description has been affixed or annexed to, marked on or incorporated with, or places any such thing with the goods; or

(c) uses the trade description in any manner likely to be taken as referring to the goods.

(2) For the purpose of this Act, an oral statement may amount to the use of a trade description.

(3) Where goods are supplied in pursuance of a request in which a trade description is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corr

11 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-11. [Deleted by Act A1607].

12 PART II PROHIBITION OF FALSE TRADE DESCRIPTIONS-12. Possession for supply.

A person having in his possession three or more of the same goods of similar description and bearing the same trade description mentioned under sections 6 is deemed to have in possession the goods for supply.

[Am. Act A1607]

13 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-13. Interpretation.

For the purpose of this Part,   "false" or "misleading"  means any conduct, representation, statement or practice which is capable of leading any person into error.

14 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-14. False or misleading indication as to price of goods.

(1) A person who offers to supply any goods shall not make any false or misleading indication, by any means, whether direct or indirect::

(a) that the price at which the goods are offered is equal to or less than the recommended price;

(b) that the goods are being offered at a price less than that at which they are in fact being offered; or

(c) that the goods are being offered at a price less than being offered by any other person.

(2) Where any person is charged with an offence under this section, the onus of proving that::

(a) the price of the goods offered by him is less than the price offered by any other person; or

(b) the existence and terms of any recommended price relied upon or that the requirements of subsection (3) have been complied with,

shall be upon the person charged.

(3) For

15 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-15. Price deemed to include tax.

Where in any advertisement the price of any goods or services is quoted, such price shall, unless the contrary appears, be deemed to include all eligible government taxes and duties and any other charges.

16 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-16. False representation as to supply or approval of goods or services.

(1) No person shall make any false representation by any means, whether direct or indirect, that any goods or services supplied by him or any methods adopted by him are of a kind supplied to or approved by any person including any government or government department or agency or any international body or agency whether in Malaysia or abroad.

(2) Subsection (1) shall have effect without prejudice to the provisions of any written law prohibiting or restricting the use of any name, emblem, insignia, seal, flag, pennant, title, coat-of-arms, sign, words or letters or any other form of description in the course of trade, business, calling or profession.

17 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-17. False or misleading statements as to services, etc .

(1) No person shall::

(a) make a statement which he knows to be false;

(b) recklessly make a statement which is false; or

(c) make any statement which is likely to deceive or mislead any person,

as to any of the following matters::

(A) the provision of any services, accommodation or facilities;

(B) the nature of any services, accommodation or facilities;

(C) the time at which, manner in which or persons by whom any services, accommodation or facilities are so provided;

(D) the examination, approval or evaluation by any person of any services, accommodation or facilities are so provided;

(E) the location or amenities of any accommodation are so provided; or

(F) the rates or charges for any services, accommodation or facilities are so provided.

(2) For the purpose of this section::

18 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-18. False or misleading statement in advertisement.

(1) No person shall make any false or misleading statement in any advertisement in relation to any goods or services.

(2) Where any person is charged with an offence under this section, the onus of proving that the statement made by him is true or not misleading shall be upon the person charged.

19 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-19. Presumption of liability on advertisers, etc .

The following persons shall, unless the contrary is proved, be deemed to have given a false or misleading statement in any advertisement::

(a) the person who directly or indirectly offers to supply the goods or services;

(b) the person on whose behalf the advertisement is made.

20 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-20. False or misleading statement in relation to contest, games, etc .

No person shall make any false or misleading statement::

(a) that the goods or services offered by him are able to facilitate winning in any contest or game of chance; or

(b) that any person has already won, will win, or will, on doing a particular act, win a prize or other equivalent benefit, where in fact::

(i) there is no prize or other equivalent benefit;

(ii) the prize or other equivalent benefit is not provided as offered; or

(iii) taking any action in relation to claiming the prize or other equivalent benefit is subject to that person paying money, incurring cost or any unreasonable condition.

21 PART III MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS-21. Contravention of part III to be an offence.

Any person who contravenes any of the provisions of this Part commits an offence and shall, on conviction, be liable::

(a) if such person is a body corporate, to a fine not exceeding five hundred thousand ringgit and for a second or subsequent offence, to a fine not exceeding one million ringgit; or

(b) if such person is not a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

22 PART IV DEFENCES-22. Offences due to fault of another person.

(1) Where the commission of an offence by any person (referred to in this section as the "first-mentioned person") is due to the act or default of another person, that other person who commits the act or default shall, on conviction, be guilty of the offence.

(2) For the purpose of subsection (1), any person may be charged with and convicted of the offence, whether or not proceedings are taken against the first-mentioned person.

23 PART IV DEFENCES-23. Defence of personal or domestic use.

(1) In any proceedings for an offence, it shall be a defence for the person charged to prove that the commission of the offence was for the purpose of personal or domestic use.

(2) Where a body corporate is charged with an offence under this Act, such body corporate shall not be entitled to rely on the defence referred to in this section.

24 PART IV DEFENCES-24. Defence of mistake, accident, etc .

(1) Subject to subsection (2), in any proceedings for an offence, it shall be a defence for the person charged to prove that the commission of the offence was due to::

(a) a mistake on his part;

(b) reliance on information supplied to him;

(c) the act or default of another person; or

(d) an accident or some other cause beyond his control,

and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such offence by himself or any person under his control.

(2) If in any case the defence involves the allegation that the commission of the offence was due to a mistake on his part or to reliance on information supplied to him or to the act or default of another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence unless, within a period of fourteen days of his

25 PART IV DEFENCES-25. Innocent publication of advertisement.

In any proceedings for an offence committed by reason of publication of an advertisement, it shall be a defence for the person charged to prove::

(a) that he is a person whose business is to publish or arrange for the publication of advertisement;

(b) that he received the advertisement for publication in the ordinary course of business; and

(c) that he did not know or had no reason to suspect that its publication would amount to an offence under this Act.

26 PART V PROHIBITION OF IMPORTATION OF CERTAIN GOODS, ETC.-26. Prohibition of importation of goods bearing false indication of origin.

The Minister may make an order prohibiting the importation of goods into Malaysia where a false trade description is applied to any goods outside Malaysia and the false indication, or one of the false indications, given, or likely to be taken as given, is an indication of the place of manufacture, production, processing or reconditioning of the goods or any part of the goods.

27 PART V PROHIBITION OF IMPORTATION OF CERTAIN GOODS, ETC.-27. Abetting of offences committed abroad.

(1) subject to subsection (2), any person who, in Malaysia, assists in or induces the commission of an act in any other country in respect of goods which if the act were committed in Malaysia would be an offence under section 5, commits an offence, if::

(a) the false trade description concerned is an indication (or anything likely to be taken as an indication) that the goods or any part thereof were manufactured, produced, processed or reconditioned in Malaysia; or

(b) the false trade description concerned::

(i) consists of or comprises an expression (or anything likely to be taken as an expression) to which a meaning is assigned by an order made under paragraph 28(1) (b) ; and

(ii) where that meaning is so assigned only in circumstances specified in the order, the trade description is used in those circumstances.

(2) A person does not

28 PART VI POWER TO DEFINE TERMS, TO REQUIRE INFORMATION TO BE GIVEN, ETC.-28. Definition orders.

(1) Where it appears to the Minister::

(a) that it would be in the interest of persons to whom any goods are supplied or any services are provided; or

(b) that it would be in the interest of persons by whom any goods are exported and would not be contrary to the interest of persons to whom such goods are supplied in Malaysia,

that any expression used in relation to the goods or services should be understood as having definite meanings, the Minister may by order, assign such meanings either::

(A) to those expressions when used in the course of trade or business as, or as part of, a trade description applied to the goods or services; or

(B) to those expressions when so used in such circumstances as may be specified in the order,

and where such a meaning is so assigned to an expression it shall be deemed for the purposes of this Act to h

29 PART VI POWER TO DEFINE TERMS, TO REQUIRE INFORMATION TO BE GIVEN, ETC.-29. Informative marking and certification orders.

(1) Where it appears to the Minister necessary or expedient in the interest of persons to whom any goods or any services in relation to that goods are supplied that the goods should be::

(a) certified by a competent authority;

(b) marked with a mark determined by the Minister; or

(c) accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods,

the Minister may, by order, impose requirements for securing that the goods are so certified, marked or accompanied and regulate or prohibit the supply of the goods and the requirements may extend to the form and manner in which the information or instruction is to be given.

(2) Where an order under this section is in force with respect to goods of any description, any person who, in the course of any trade or business::

(a)

30 PART VII INVESTIGATION AND ENFORCEMENT Chapter 1 - Investigation and complaints-30. Investigation by the Assistant Controller.

Where the Assistant Controller has reasonable grounds to suspect that any offence is or will be committed under this Act, the Assistant Controller may conduct such investigation as the Assistant Controller thinks expedient for the due administration of this Act.

31 PART VII INVESTIGATION AND ENFORCEMENT Chapter 1 - Investigation and complaints-31. Complaints to the Assistant Controller.

(1) The Assistant Controller may, upon a complaint by a person, conduct an investigation on any person who has committed or is committing any offence under this Act.

(2) The complaint shall specify the person against whom the complaint is made or the premises where the alleged offence is committed and details of the alleged offence under this Act.

32 Chapter 2 - Information gathering powers-32. Power of the Assistant Controller to require provision of information

(1) This section applies if the Assistant Controller in carrying out an investigation under this Part has reason to believe that any person::

(a) has any information or any document that is relevant to the performance of the Assistant Controller's powers and functions under this Act; or

(b) is capable of giving any evidence which the Assistant Controller has reason to believe is relevant to the performance of the Assistant Controller's powers and functions under this Act.

(2) Notwithstanding any provision of any other written law, the Assistant Controller, by written notice, may direct any person::

(a) to provide the Assistant Controller, within the period and in the manner and form specified in the notice, any information or document referred to in subsection (1);

(b) to produce to the Assistant Controller, within the period and in the m

33 Chapter 2 - Information gathering powers-33. Assistant Controller may retain documents.

(1) The Assistant Controller may take and retain for such duration as he deems necessary, possession of any document obtained under this Part.

(2) The person who provided the document is entitled to be supplied, as soon as practicable, with a copy certified by the Assistant Controller to be a true copy of the document.

(3) Notwithstanding the provisions of any other written law, the certified copy of the document shall be admissible as evidence as if it was the original document.

(4) If the Assistant Controller is satisfied that the retaining of the document is no longer necessary, the Assistant Controller may return the document to the person who provided the document, as soon as practicable.

34 Chapter 2 - Information gathering powers-34. Access to records.

(1) Any person shall, if at any time directed by the Assistant Controller, allow the Assistant Controller access to his books, records, accounts, documents, computerized data, goods or thing for the purpose of carrying out any of the Assistant Controller's functions or powers under this Act.

(2) Any person who fails to comply with the direction under subsection (1) commits an offence.

35 Chapter 2 - Information gathering powers-35. Confidentiality.

(1) Any person who discloses or makes use of any confidential information or document with respect to a particular enterprise or the affairs of an individual obtained by virtue of any provision of this Act commits an offence.

(2) Nothing in subsection (1) shall operate to prevent the disclosure of information where::

(a) the disclosure is made with the consent of the person from whom the information or document was obtained;

(b) the disclosure is made in circumstances where the information provided is framed in such a manner that the source of the information could not be ascertained;

(c) the information is already in the public domain;

(d) the disclosure is made to facilitate the performance of the functions or powers of the Controller, Deputy Controller or Assistant Controller;

(e) the disclosure is reasonably made during any proceedings under th

36 Chapter 2 - Information gathering powers-36. Privileged communication.

(1) No person shall be required, under any provision of this Part, to produce or disclose any communication between a professional legal adviser and his client which would be protected from disclosure in accordance with section 126 of the Evidence Act 1950 [Act 56] .

(2) Where::

(a) the Controller makes a requirement under section 33 of an advocate and solicitor in respect of any information or document; and

(b) the information or document contains a privileged communication made by or on behalf of or to the advocate and solicitor in his capacity as an advocate and solicitor,

the advocate and solicitor is entitled to refuse to comply with the requirement unless the person to whom or by or on behalf of whom the communication was made or, if the person is a body corporate that is under receivership or is in the course of being wound up, the receiver or the liquidator, as

37 Chapter 2 - Information gathering powers-37. Giving false or misleading information, evidence or document.

A person who fails to disclose or omits to give any relevant information, evidence or document, or provides any information, evidence or document that he knows or has reason to believe is false or misleading, in the course of investigation by the Assistant Controller, commits an offence.

38 Chapter 2 - Information gathering powers-38. Destruction, concealment, mutilation and alteration of records.

A person who::

(a) destroys, conceals, mutilates or alters; or

(b) sends or attempts to send or conspires with any other person to remove from his premises or send out of Malaysia,

any book, record, accounts, document, computerized data, goods or thing kept or maintained with intent to defraud the Assistant Controller or to prevent, delay or obstruct the carrying out of an investigation or the exercise of any power by the Assistant Controller under this Act commits an offence.

39 Chapter 3 - Powers of arrest, search and seizure-39. [Deleted by Act A1607].

39A Chapter 3 - Powers of arrest, search and seizure-39A. Power of arrest.

(1) An Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit any offence under section 5, 16, 17, 20 or 51 of this Act.

(2) An Assistant Controller making an arrest under subsection (1) shall without unnecessary delay take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the Criminal Procedure Code [Act 593] as if he had been arrested by a police officer.

[39A. Ins. Act A1639:s.3]

40 Chapter 3 - Powers of arrest, search and seizure-40. Power to enter premises and inspect and seize goods and documents.

(1) Any Assistant Controller may, at all reasonable hours exercise the following powers::

2

(a) he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and enter any premises other than premises used only for dwelling;

(b) if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(c) he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act;

(d) he may, for the purpose of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made u

41 Chapter 3 - Powers of arrest, search and seizure-41. Power to enter premises with search warrant.

(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there are reasonable grounds to believe that any person has committed or is committing an offence under this Act, so that any evidence or thing which is necessary to the conduct of an investigation into any offence may be found in any premises, the Magistrate may issue a warrant authorizing any Assistant Controller named in the warrant to enter the premises at any time, with or without assistance, and if need be by force to search for and seize any such evidence or thing.

(2) An Assistant Controller entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them

42 Chapter 3 - Powers of arrest, search and seizure-42. Power of entry and search and seizure without a warrant.

If the Assistant Controller is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 41 the investigation would be adversely affected or evidence of the commission of an infringement or offence is likely to be tampered with, removed, damaged or destroyed, the Assistant Controller may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 41 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

43 Chapter 3 - Powers of arrest, search and seizure-43. Access to recorded information or computerized data, etc .

(1) Any Assistant Controller exercising his powers under section 41 or 42 shall be given access to any recorded information or computerized or digitalized data, whether stored in a computer or otherwise.

(2) In exercising his powers, the Assistant Controller::

(a) may inspect and check the operation of any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been used in connection with that information or data; and

(b) may require::

(i) the person, by whom or on whose behalf, the officer has reasonable cause to suspect, the computer is or has been so used; or

(ii) the person having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material,

to provide him with such reasonable assistance as he may require for the purposes of this section.

(3)

44 Chapter 3 - Powers of arrest, search and seizure-44. Tipping-off.

(1) Any person who::

(a) knows or has reason to suspect that an Assistant Controller is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or

(b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,

commits an offence.

(2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter::

(a) to his client or the client's represe

45 Chapter 3 - Powers of arrest, search and seizure-45. Warrant admissible notwithstanding defects.

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the warrant or in the application for such warrant and any book, record, accounts, document, computerized data, goods or thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.

46 Chapter 3 - Powers of arrest, search and seizure-46. List of things seized.

(1) Except as provided in subsection (2), where any book, record, accounts, document, computerized data, goods or thing is seized under this Part, the Assistant Controller who effected the seizure shall as soon as practicable prepare a list of the things seized and immediately deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.

(2) Where the premises are unoccupied, the Assistant Controller who effected the seizure shall wherever possible post a list of the things seized conspicuously on the premises.

47 Chapter 3 - Powers of arrest, search and seizure-47. Forfeiture of goods

(1) All goods seized in exercise of any power conferred under this Act shall be liable to forfeiture.

(2) An order for the forfeiture or for the release of any goods seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the goods were the subject matter of or were used in the commission of the offence notwithstanding that no person may have been convicted of such offence.

(3) if there is no prosecution with regard to any goods seized in exercise of any power conferred under this Act, such goods shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim to such goods is made before the date in the manner hereinafter set

48 Chapter 3 - Powers of arrest, search and seizure-48. Release of things seized.

(1) If any book, record, accounts, document, computerized data, goods or thing has been seized under this Act, the Assistant Controller who effected the seizure may release the book, record, accounts, document, computerized data, goods or thing to the person as he determines to be lawfully entitled to it, if he is satisfied that the book, record, accounts, document, computerized data, goods or thing is not otherwise required for the purpose of any proceedings under this Act, or for the purpose of any prosecution under any other written law, and in such event neither the Assistant Controller effecting the seizure, nor the Federal Government, the Controller or any person acting on behalf of the Federal Government or the Controller shall be liable to any proceedings by any person if the seizure and the release of the book, record, accounts, document, computerized data, goods or thing had been effected in good faith.

(2) A record in writing shall b

49 Chapter 3 - Powers of arrest, search and seizure-49. Seizure of perishable goods.

Where any goods seized in exercise of the powers conferred by this Act are of a perishable nature or where the custody of such goods involves unreasonable expense and inconvenience, such goods may be sold by the Assistant Controller at any time and the proceeds of the sale held to abide by the result of any prosecution or claim under this section.

50 Chapter 3 - Powers of arrest, search and seizure-50. No cost or damages arising from seizure to be recoverable.

No person shall, in any proceedings before any court in respect of any book, record, accounts, document, computerized data, goods or thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

51 Chapter 3 - Powers of arrest, search and seizure-51. Obstruction.

Any person who::

(a) refuses to give any Assistant Controller access to any premises which the Assistant Controller is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;

(b) assaults, obstructs, hinders or delays any Assistant Controller in effecting any entry which the Assistant Controller is entitled to effect under this Act or in the execution of any duty imposed or power conferred by this Act; or

(c) refuses to give any Assistant Controller any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give,

commits an offence.

52 Chapter 3 - Powers of arrest, search and seizure-52. Power to make test purchases.

Any Assistant Controller shall have the power to make such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Act and order made under this Act are being complied with.

52A Chapter 3 - Powers of arrest, search and seizure-52A. Power to take sample.

(1) An Assistant Controller may, without payment, demand, select, take or obtain samples of any goods for the purposes of analysis from any person manufacturing, producing, selling or importing such goods or from its agent or servant.

(2) Any person who refuses to comply with any demand made by an Assistant Controller under subsection (1) commits an offence.

[52A. Ins. Act A1639:s.4]

53 Chapter 3 - Powers of arrest, search and seizure-53. Evidence of agent provocateur is admissible.

(1) Notwithstanding any rule of law or the provisions of this Act or any other written law to the contrary, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to abet or abetted the commission of an offence by any person under this Act if the attempt to abet or abetment was for the sole purpose of securing evidence against such person.

(2) Notwithstanding any rule of law or the provisions of this Act or any other written law to the contrary, and that the agent provocateur is an Assistant Controller, any statement, whether oral or in writing made to the agent provocateur by any person who subsequently is charged with an offence under this Act shall be admissible as evidence at his trial.

54 Chapter 3 - Powers of arrest, search and seizure-54. Presumption and examination with regards to sample.

[Shoulder note. Subs. Act A1639:s.5]

(1) Where any goods which are the subject matter of an offence under this Act are found in two or more packages or receptacles of the same description, it shall be presumed until the contrary is proved that all the packages or receptacles contain goods of the same nature, quantity and quality.

(2) Where packages or receptacles containing goods which contravene the provisions of this Act or are otherwise liable to seizure have been seized, it shall be sufficient only to open and examine one per centum or not less than five samples, whichever is the lesser, of the contents of each package or receptacle seized.

(3) The court shall presume that the remaining samples contained in the package or receptacle is of the same nature as those samples examined.

55 Chapter 3 - Powers of arrest, search and seizure-55. Power of investigation.

Any Assistant Controller investigating any commission of an offence under this Act may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593] .

56 PART VIII GENERAL-56. Exemption

The Minister may, by order published in the Gazette and subject to such conditions specified in the order, exempt the application of any provision of this Act:

(a) to any person or class of persons; or

(b) to any description of goods which are intended for:

(i) dispatch to a destination outside Malaysia; or

(ii) any specific use or purpose as mentioned in the order.".

[56. Subs. Act A1639:s.6]

56A PART VIII GENERAL-56A. Power to order compliance.

(1) Where the Controller has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene any provision of this Act, the Controller may make an order requiring the person to cease the contravention, refrain from the contravention or refrain from any further contravention.

(2) A copy of the order made under subsection (1) shall be served on every person named in it and the order shall take effect immediately after the order is served.

(3) For the purposes of this section, service may be made by personal service or by A.R. registered post, facsimile transmission or any other means of transmission which results in the order being transmitted in writing to the person named in it.

(4) The power to make an order under subsection (1) may be exercised by the Controller personally or by any officer authorized in writing by the Controller.

(5) Any person who fails to comply with any order

57 PART VIII GENERAL-57. Contract unaffected by contravention.

A contract for the supply of any goods shall not be void or unenforceable by reason only of a contravention of any provision of this Act.

58 PART VIII GENERAL-58. Market research experiments.

(1) in this section,   "market research experiment"  means any activities conducted for the purpose of ascertaining the opinion of persons (referred to in this section as "participants") on::

(a) any goods;

(b) anything in, on or with which the goods are supplied;

(c) the appearance or any other characteristic of the goods or of any such thing; or

(d) the name or description under which the goods are supplied.

(2) This section applies to any market research experiment with respect to which the following conditions are satisfied::

(a) that any participant to whom any goods are supplied in the course of the experiment is informed, at or before the time at which they are supplied to him, that they are supplied for such a purpose as is mentioned in subsection (1); and

(b)

59 PART VIII GENERAL-59. General penalty.

Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable::

(a) if such person is a body corporate, to a fine not exceeding twenty-five thousand ringgit, and for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit; or

(b) if such person is not a body corporate, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

60 PART VIII GENERAL-60. Jurisdiction to try offences.

Notwithstanding anything to the contrary in any written law, a sessions court shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.

61 PART VIII GENERAL-61. Delegation of powers.

(1) The Controller or the Deputy Controller may in writing delegate all or any of his powers, duties or functions under this Act to any Assistant Controller, and may at any time revoke any such delegation.

(2) The delegation under subsection (1) shall not preclude the Controller or the Deputy Controller from exercising at any time the delegated powers, duties or functions.

62 PART VIII GENERAL-62. Institution of prosecution.

No prosecution for or in relation to any offence under this Act shall be instituted without the consent of the Public Prosecutor.

63 PART VIII GENERAL-63. Compounding of offences.

(1) The Controller may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act by accepting from the person committing such offence, a sum of money not exceeding the maximum fine for that offence within such time as may be specified in the offer to compound.

(2) An offer under subsection (1) 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 such extended time as the Controller may grant, prosecution for the offence may be instituted at the expiry of the time stipulated in the offer against the person to whom the offer was made.

(3) Upon receipt of the payment under subsection (1), no prosecution shall be taken against such person in respect of such offence.

(4) The Controller may forfeit or return the goods s

64 PART VIII GENERAL-64. Principal liable for acts of servant or agent.

Where the servant or agent of a person commits an offence or does anything or omits to do anything (which if done or omitted to be done by that person would constitute an offence under this Act), that person shall, notwithstanding that he has no knowledge of the offence, be deemed to be guilty of the offence and shall be liable to punishment for the offence unless he proves that::

(a) the act or omission complained of was not within the ordinary scope of the employment of the servant or of the agency of the agent; or

(b) the act or omission complained of was done or omitted to be done without his consent or connivance and that he exercised all such diligence to prevent the commission or omission as he ought to have exercised having regard to all the circumstances of the case.

65 PART VIII GENERAL-65. Offences by body corporate.

(1) If a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management::

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves::

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he had taken all reasonable precautions and

66 PART VIII GENERAL-66. Reward for information.

In the case of a conviction involving a fine, the court imposing the fine may, on the application of the prosecuting officer, direct the payment of any part of the fine in such proportion as the court thinks fit but in any case not exceeding one half of such fine to the person who gave the information leading to the conviction.

67 PART VIII GENERAL-67. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Controller, Deputy Controller, Assistant Controller or any officer appointed under section 3 in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.

68 PART VIII GENERAL-68. protection of officers and other persons.

No action or prosecution shall be brought, instituted or maintained in any court against::

(a) the Controller, Deputy Controller, Assistant Controller or any other person in respect of any act ordered or done for the purpose of carrying into effect this Act; and

(b) any other person in respect of any act done or purported to be done by him under the order, direction or instruction of the Controller if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

69 PART VIII GENERAL-69. Power of Minister to make regulations.

(1) The Minister may make any regulations as may be expedient or necessary for the better carrying into effect of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes::

(a) assigning the meaning of any expression or indication used in the course of trade or business;

(b) prohibiting, restricting or otherwise regulating or controlling the use of any statement, expression or indication used in the course of trade or business;

[(b) Am. Act A1639:s.8]

(c) prescribing the fee to be imposed in respect of the use of any expression or indication used in the course of trade or business;

(d) providing for the maintenance of a register or records used in the course of trade or business and prescribing the particulars to be recorded in such register

70 PART VIII GENERAL-70. Repeal.

The Trade Description Act 1972 [Act 87] is repealed.

71 PART VIII GENERAL-71. Savings and transitional.

Notwithstanding the repeal of the Trade Description Act 1972 under section 70::

(a) all persons, things and circumstances appointed or created by or under the Trade Description Act 1972 ("the repealed Act") or existing or continuing under the repealed Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had as if the repealed Act had not been so repealed;

(b) in particular and without affecting the generality of paragraph (a) , such repeal shall not affect appointments, orders, rules and regulations issued or made under or by virtue of the repealed Act and in force immediately before the commencement of this Act and such appointments, orders, rules and regulations shall remain in force and shall continue to remain in force as if every such appointment, order, rule and regulati