Source

Trade Descriptions Act 2011 Part III — Misstatements other than false trade descriptions

s 13–s 21 · 9 sections

Interpretation

s 13

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.

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 the purposes of this section— (a) an indication as to a recommended price— (i) shall be treated, unless the contrary is expressed, as an indication that it is a price recommended by the manufacturer or producer; and (ii) shall be treated, unless the contrary is expressed, as an indication that it is a price recommended generally for supply by retail in the area where the goods are offered; (b) anything likely to be taken as an indication as to a recommended price shall be treated as such an indication; and (c) any person advertising goods as available for supply shall be taken as offering to supply them.

Price deemed to include tax

s 15

Open ↗

(1) 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. (2) Subsection (1) shall not apply to any advertisement made in the course of a prescribed trade or business under section 10B of the Price Control and Anti-Profiteering Act 2011 [Act 723]. * (3) (Deleted). * (4) (Deleted).

False representation as to supply or approval of goods or services

s 16

Open ↗

(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.

False or misleading statements as to services, etc.

s 17

Open ↗

(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, * NOTE—Subsections 15(3) and (4) are no longer applicable in consequence of the repeal of the Goods and Services Tax Act 2014 [Act 762] which comes into operation on 1 September 2018–see section 3 of the Goods and Services Tax (Repeal) Act 2018 [Act 805]. 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— (a) a statement, whether or not referring to any matter specified in subsection (1), which is likely to be taken as a statement to any of those matters as might be false, is deemed to be a false statement as to that matter; and (b) a statement made regardless of whether it is true or false is deemed to be made recklessly, whether or not the person making it had reason for believing that it might be false. (3) In relation to any services consisting of or including the application of any treatment or process or the carrying out of any repair, the matters specified in subsection (1) shall be taken to include the effect of the treatment, process or repair.

False or misleading statement in advertisement

s 18

Open ↗

(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.

Presumption of liability on advertisers, etc.

s 19

Open ↗

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.

False or misleading statement in relation to contest, games, etc.

s 20

Open ↗

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.

Contravention of Part III to be an offence

s 21

Open ↗

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.

Back to Trade Descriptions Act 2011 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 11 January 2022 (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).

What to look at next

Trade Descriptions Act 2011, full textChapter navigation and full text, so you can read this section in contextMalaysia legislation Malaysia Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and year Malaysia: what this database coversWhich datasets are here, which official source they come from, and how current they areMalaysia overview