Prosecution
s 43
No prosecution in respect of any offence under this Act or any regulations made under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
Film Censorship Act 2002 Part VII — Miscellaneous
Jurisdiction of court of First Class Magistrate
s 44
Notwithstanding anything contained in any written law to the contrary, a court of a First Class Magistrate shall have the jurisdiction to try any offence under this Act and to award the full punishment for any such offence.
Offences committed by body corporate
s 45
Where a person charged with an offence under this Act is a body corporate, every person who, at the time of the commission of such offence, was a managing director, manager or other similar officer of such body corporate, may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such managing director, manager or officer shall also be deemed to have committed the offence and shall be liable to the same penalty as the body corporate, unless he proves that the offence was committed without his knowledge, consent or connivance or that he took reasonable precautions to prevent its commission.
Compounding of offences
s 46
(1) The Secretary may compound any compoundable offence by making a written offer to compound the offence to any person suspected of having committed the offence upon payment to the Board of such amount of money, not exceeding fifty percent of the maximum fine for that offence, within the time specified in the offer. (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. (3) If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Board may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer 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. (5) In this section, “compoundable offence” means an offence which has been prescribed by regulations made under this Act to be an offence which may be compounded.
Presumption
s 47
For the purpose of all proceedings under this Act or any regulations made under this Act— (a) a person shall, until the contrary is proved, be deemed to be the occupier of any premises, or the owner of any vehicle, vessel or conveyance if he has, or appears to have, the care or management of such premises, vehicle, vessel or conveyance; (b) if any film or film-publicity material that has not been approved by the Board or in respect of which an offence under this Act or any regulations made under this Act has been committed is found in any premises, vehicle, vessel or conveyance, it shall be presumed, until the contrary is proved, that the film or film-publicity material is there with the knowledge of the occupier of the premises, or the owner of the vehicle, vessel or conveyance; (c) if any film which has not been approved by the Board is found in any premises, vehicle, vessel or conveyance, the name and address of the person found in or on any part of the film or its cover shall be presumed, until the contrary is proved, to be the name and address of the owner of the film who intends to exhibit, distribute, display, circulate, hire or sell the film.
Decision under the Act not subject to appeal or review
s 48
No decision of the Minister, the Board or the Appeal Committee under this Act or any regulations made under this Act shall be subject to appeal or review by any court on any ground.
Public servants
s 49
Each of the following persons shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]: (a) members of the Board and the Appeal Committee; (b) the Secretary and every Assistant Secretary; (c) Enforcement Officers; and (d) persons employed in the office of the Board and the office of the Appeal Committee.
Immunity from legal action
s 50
No legal proceeding, prosecution or other form of litigation may be instituted or maintained against— (a) any member of the Board; (b) any member of the Appeal Committee; (c) the Secretary or any Assistant Secretary; (d) any Enforcement Officer; or (e) any person employed in the office of the Board or the office of Appeal Committee, in his personal capacity in respect of any bona fide act, decision or statement done or made for the purpose of or incidental to the implementation or proposed implementation of the provisions of this Act or regulations made under this Act.
No liability for loss or damage to film or film-publicity material
s 51
Other than for loss or damage caused by some wilful act on the part of the Board or Appeal Committee or any member of the Board or Appeal Committee, or any officer or other person employed in the office of the Board or Appeal Committee, the Board, the Appeal Committee and the Government shall not be liable for the loss of, or any damage to, any film or film-publicity material submitted to the Board for approval or to the Appeal Committee on an appeal.
Disposal of unclaimed films
s 52
(1) The Board may order any film or film-publicity material to be destroyed or otherwise disposed of as it thinks fit if the film or film-publicity material still remains in its possession after a period of two years has lapsed since— (a) the date of its detention under section 7; (b) if the film or film-publicity material is approved under section 10, the date the Board notifies the owner under subsection 10(2); or (c) where any alteration of a film or film-publicity material is required under section 11, the date the Board notifies the owner to take possession of the film or film-publicity material. (2) For the purposes of subsection (1), any film or film-publicity material under the control of a proper officer of customs by virtue of section 7 shall be deemed to be in the possession of the Board.
Back to Film Censorship Act 2002 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (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).
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