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Trade Descriptions Act 2011 Part VI — Power to define terms, to require information to be given, etc

s 28–s 29 · 2 sections

Definition orders

s 28

(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 have that meaning when used as mentioned in paragraph (A) or, as the case may be, paragraph (B). (2) It is an offence for any person who uses the expression which has been defined in the order specified in subsection (1) as a trade description of goods or services, in order to mislead or confuse the person who wants to buy or obtain the goods or services, as if the goods or services were supplied according to the definition given to that expression. (3) Any person who commits an offence under this section shall, on conviction, be liable— (a) if such person is a body corporate, to a fine not exceeding five million ringgit, and for a second or subsequent offence, to a fine not exceeding ten million ringgit; or (b) if such person is not a body corporate, to a fine not exceeding one million 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 million ringgit or to imprisonment for a term not exceeding five years or to both.

Informative marking and certification orders

s 29

(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) certifies; (b) marks; (c) supplies; or (d) offers to supply, goods of that description in contravention of the order commits an offence and shall, on conviction, be liable— (A) if such person is a body corporate, to a fine not exceeding two hundred 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 a term not exceeding five years or to both. (3) For the purpose of this section, “competent authority” means a competent authority named by the Minister after obtaining the agreement of the competent authority.

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).

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