Offence for obstruction
Any person who obstructs or impedes the Director General, any authorized officer or police officer in the lawful exercise of any of his powers under this Act or under any rule made thereunder shall be guilty of an offence under this Act.
General penalty
(1) Any person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence under, or who fails to comply with, any of the provisions of this Act or of any rule made thereunder in respect of which no penalty is expressly provided for, shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding fifteen thousand ringgit or to both and, for a second or subsequent offence, to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand ringgit or to both. (2) Any body corporate which commits an offence under, or fails to comply with, any of the provisions of this Act or of any rule made thereunder shall be liable on conviction to a fine not exceeding twenty-five thousand ringgit and, for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit. (3) Where a person charged with an offence under any of the provisions of this Act or of any rule made thereunder is a body corporate every person who, at the time of the commission of such offence is a director or officer of such body corporate may be charged jointly in the same proceedings with such body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission. (4) Any person who would have been liable under any of the provisions of this Act or of any rule made thereunder to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall be liable to the same penalty if such thing has been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of such thing.
Burden of proof
(1) In any prosecution in respect of an offence under this Act or under any rule made thereunder upon a charge of doing any act which is unlawful unless the person doing such act is entitled to do so by reason of his being the holder of a licence, permit or written permission, consent, authorization or exemption entitling him to do such act, it shall be sufficient for the prosecution to allege and prove his doing such act and the onus shall then be upon the accused to show that he was entitled to do such act. (2) In any prosecution in respect of an offence under this Act or under any rule made thereunder, the production by the person conducting the prosecution of an original invoice or a duplicate invoice proved to have been found in the possession of the seller, shall, where the person conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of all the facts stated in such original invoice or duplicate invoice and notwithstanding the provisions of any law to the contrary for the time being in force, the burden of proving that such sale did not take place or that any fact stated in the original invoice or duplicate invoice is not what it is stated to be, shall lie upon the accused.
Power of Court to confiscate
Where any person is convicted of an offence under this Act or under any rule made thereunder the Court may order the confiscation— (a) in whole or in part of the proceeds of sale of any fish sold under section 15, in respect of which the offence has been committed and which has been seized by, or has otherwise come into the possession of the Director General or any authorized officer or police officer; (b) of any vehicle, vessel or other article the property of the accused by means of which such offence has been committed or which was intended to be used for the commission of an offence under this Act or under any rule made thereunder.
Jurisdiction
Notwithstanding anything to the contrary in any other written law, a Sessions Court shall have jurisdiction to try any offence under this Act or under any rule made thereunder, and to award full punishment for any such offence.
Savings
No proceedings shall be instituted under this Act against any person duly authorized in that behalf by the Director General who has knowingly done or omitted to do any act which would, but for the provisions of this section, have been an offence, provided that he has done or omitted to do such act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act or under any rule made thereunder.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 February 2013 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).