Weights and Measures Act 1972 Part V — GENERAL

Regulations

s 29

(1) The Minister may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power to make regulations, such regulations may provide for all or any of the following: (a) prescribing the procurement, preparation, maintenance, certification, verification, comparison and authentication of the Working Standards; (b) prescribing the place, manner of custody and the security of the Working Standards; (c) prescribing the limits of error which may be tolerated in respect of weights or measures or instruments for weighing or measuring; (d) prescribing the manner in which the Working Standards are to be marked and certified for identification; (e) prescribing— (i) the duties of the Chief Inspector, Deputy Chief Inspectors and Inspectors; (ii) the tests to be applied for the purpose of ascertaining the accuracy and efficiency of weights and measures and instruments for weighing or measuring and the limits of error to be allowed on verification or inspection; and (iii) the type of stamp to be used by an Inspector in the stamping of weights and measures and instruments for weighing or measuring for use for trade and the manner of such stamping; (f) prescribing the fees to be charged in connection with— (i) licences issued under section 27; (ii) testings and verification of weights and measures and instruments for weighing or measuring; (iii) the issue of any certificate under this Act; and (iv) any other service provided by an Inspector; (g) prescribing forms, books, registers or cards to be used under this Act; (ga) limiting the purposes and transactions for which certain weights, measures or instruments for weighing or measuring may lawfully be used; (gb) prescribing the accuracy class of certain weights, measures or instruments for weighing or measuring to be used for trade; (gc) prohibiting the use of any particular kind of weights, measures or instruments for weighing or measuring either absolutely or except in compliance with the conditions set out in any regulations made under this Act; (gd) prescribing the classes of weights to be used on certain kinds of weighing instruments; (ge) providing for the registration, periodic inspection of public weighing or measuring instruments and generally providing for their supervision and control; (gf) prescribing the procedures for application, tests and examinations to be taken for the issuance of certificates to attend to any public weighing or measuring instrument; (gg) prescribing the offences under this Act or any regulations made thereunder which may be compounded, the procedure to be followed and the forms to be used in compounding; (gh) prescribing the manner in which packages should be marked with any particulars, statement or any other requirement in relation to any weight or measure; (gi) prescribing the denomination of weights in which certain goods may be packed or sold; (h) prescribing for any other matter required to be prescribed by this Act or generally for the better carrying into effect of the purpose or provisions of this Act.

Permissible margin of errors

s 30

(1) Any weight or measure or instrument for weighing or measuring shall not have a greater error than the limits of error prescribed by regulations made under this Act. (2) Any weight or measure or instrument for weighing or measuring which is within the prescribed limits of error shall be deemed to be just and true for all purposes of this Act.

Powers of exemption and making of regulations to remove difficulties

s 31

(1) Notwithstanding anything in this Act, the Minister may, if he considers it necessary or expedient in the national or public interest, by order exempt, either absolutely or subject to any condition which may be prescribed in the order, any class of undertakings or transactions or any class of movable or immovable properties from any or all of the provisions of this Act. (2) The Minister may by regulations make such provisions as he may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act or any of its provisions and any such regulations may be made so as to have effect as from the commencement of this Act or any of its provisions.

Transitional provisions

s 32

(1) Where any or all of the provisions of this Act have come into force in respect of any State in Malaysia or any class of undertakings or transactions or any class of movable or immovable properties the Minister may, from time to time by notification in the Gazette, permit the continuance of the use of such units of measurement or such weights or measures or instruments for weighing or measuring as may be specified in the notification in respect of the State in Malaysia, class of undertakings or transactions or class of movable or immovable properties as the case may be in addition to the use of the units of the International System of Units and the weights and measures specified in the Second Schedule for such period not exceeding five years from the date of the publication of the notification as the Minister may determine: Provided that the Minister shall not determine a period in any notification made pursuant to this subsection such that the date of the expiry of the period will be inconsistent with the proviso to subsection 1(4). (2) Where a notification is made by the Minister permitting the continuance of the use of any units of measurement, or any weights or measures or instruments for weighing or measuring pursuant to subsection (1), the use of such units of measurement or weights or measures or instruments for weighing or measuring in the manner and during the period specified in that notification shall have legal force and validity and nothing in Part III of this Act shall subject a person to a penalty for such use.

s 33

(Deleted by Act A1309).

s 34

(Deleted by Act A1309).

Compounding of offences

s 34A

(1) The Chief Inspector may, with the consent in writing of the Public Prosecutor, offer to company any offence under any provision of this Act or under regulations made under this Act by accepting from the person reasonably suspected of having committed the offence such amount of money not exceeding the maximum fine to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed and where the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Chief Inspector may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made. (3) Upon receipt of the amount under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

Repeal and savings

s 35

(1) The laws specified in the Fourth Schedule and all subsidiary legislations made thereunder shall be repealed and such repeal shall take effect on such date or dates and to such extent as the Minister may by order published in the Gazette prescribe. (2) Notwithstanding the making of an order pursuant to subsection (1) to repeal any of the laws specified in the Fourth Schedule or any subsidiary legislations made thereunder any authority or person exercising, immediately before the commencement of this Act or any of its provisions, functions corresponding to those conferred on the Custodian, Chief Inspector, Deputy Chief Inspector, or Inspector by this Act, shall in respect of the area in which that authority or person was empowered to exercise such functions continue to do so until the Minister by notification in the Gazette otherwise directs. First Schedule (Deleted by Act A1309)