Exemption
The Minister may, by order published in the Gazette and subject to such conditions specified in the order, exempt the application of any provision of this Act — (a) to any person or class of persons; or (b) to any description of goods which are intended for— (i) dispatch to a destination outside Malaysia; or (ii) any specific use or purpose as mentioned in the order.
Power to order compliance
(1) Where the Controller has reasonable grounds to believe that a person is contravening, has contravened or is about to contravene any provision of this Act, the Controller may make an order requiring the person to cease the contravention, refrain from the contravention or refrain from any further contravention. (2) A copy of the order made under subsection (1) shall be served on every person named in it and the order shall take effect immediately after the order is served. (3) For the purposes of this section, service may be made by personal service or by A.R. registered post, facsimile transmission or any other means of transmission which results in the order being transmitted in writing to the person named in it. (4) The power to make an order under subsection (1) may be exercised by the Controller personally or by any officer authorized in writing by the Controller. (5) Any person who fails to comply with any order issued under this section by the Controller or any officer authorized in writing by the Controller commits an offence.
Contract unaffected by contravention
A contract for the supply of any goods shall not be void or unenforceable by reason only of a contravention of any provision of this Act.
Market research experiments
(1) In this section, “market research experiment” means any activities conducted for the purpose of ascertaining the opinion of persons (referred to in this section as “participants”) on— (a) any goods; (b) anything in, on or with which the goods are supplied; (c) the appearance or any other characteristic of the goods or of any such thing; or (d) the name or description under which the goods are supplied. (2) This section applies to any market research experiment with respect to which the following conditions are satisfied: (a) that any participant to whom any goods are supplied in the course of the experiment is informed, at or before the time at which they are supplied to him, that they are supplied for such a purpose as is mentioned in subsection (1); and (b) that no consideration in money or money’s worth is given by a participant for the goods or any goods supplied to him for comparison. (3) Sections 5 and 28 shall not apply in relation to goods supplied or offered to be supplied, whether to a participant or any other person, in the course of a market research experiment to which this section applies.
General penalty
Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable— (a) if such person is a body corporate, to a fine not exceeding twenty-five thousand ringgit, and for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit; or (b) if such person is not a body corporate, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Jurisdiction to try offences
Notwithstanding anything to the contrary in any written law, a Sessions Court shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.
Delegation of powers
(1) The Controller or the Deputy Controller may in writing delegate all or any of his powers, duties or functions under this Act to any Assistant Controller, and may at any time revoke any such delegation. (2) The delegation under subsection (1) shall not preclude the Controller or the Deputy Controller from exercising at any time the delegated powers, duties or functions.
Institution of prosecution
No prosecution for or in relation to any offence under this Act shall be instituted without the consent of the Public Prosecutor.
Compounding of offences
(1) The Controller may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act by accepting from the person committing such offence, a sum of money not exceeding the maximum fine for that offence within such time as may be specified in the offer to compound. (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, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Controller may grant, prosecution for the offence may be instituted at the expiry of the time stipulated in the offer against the person to whom the offer was made. (3) Upon receipt of the payment under subsection (1), no prosecution shall be taken against such person in respect of such offence. (4) The Controller may forfeit or return the goods seized during the case upon receipt of the payment under subsection (1). (5) All sums of money accepted under subsection (1) shall be paid into the Federal Consolidated Fund.
Principal liable for acts of servant or agent
Where the servant or agent of a person commits an offence or does anything or omits to do anything (which if done or omitted to be done by that person would constitute an offence under this Act), that person shall, notwithstanding that he has no knowledge of the offence, be deemed to be guilty of the offence and shall be liable to punishment for the offence unless he proves that— (a) the act or omission complained of was not within the ordinary scope of the employment of the servant or of the agency of the agent; or (b) the act or omission complained of was done or omitted to be done without his consent or connivance and that he exercised all such diligence to prevent the commission or omission as he ought to have exercised having regard to all the circumstances of the case.
Offences by body corporate
(1) If a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management— (a) may be charged severally or jointly in the same proceedings with the body corporate; and (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge, consent or connivance; and (ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence. (2) If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed— (a) by that person’s employee in the course of his employment; (b) by the agent when acting on behalf of that person; or (c) by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.
Reward for information
In the case of a conviction involving a fine, the court imposing the fine may, on the application of the prosecuting officer, direct the payment of any part of the fine in such proportion as the court thinks fit but in any case not exceeding one half of such fine to the person who gave the information leading to the conviction.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Controller, Deputy Controller, Assistant Controller or any officer appointed under section 3 in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.
Protection of officers and other persons
No action or prosecution shall be brought, instituted or maintained in any court against— (a) the Controller, Deputy Controller, Assistant Controller or any other person in respect of any act ordered or done for the purpose of carrying into effect this Act; and (b) any other person in respect of any act done or purported to be done by him under the order, direction or instruction of the Controller if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Power of Minister to make regulations
(1) The Minister may make any regulations as may be expedient or necessary for the better carrying into effect of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes: (a) assigning the meaning of any expression or indication used in the course of trade or business; (b) prohibiting, restricting or otherwise regulating or controlling the use of any statement, expression or indication used in the course of trade or business; (c) prescribing the fee to be imposed in respect of the use of any expression or indication used in the course of trade or business; (d) providing for the maintenance of a register or records used in the course of trade or business and prescribing the particulars to be recorded in such register or records; (e) prescribing the forms to be used for the purpose to regulate any matter prescribed under this Act; (f) prescribing the standard of fineness of articles made of precious metals and regulating or controlling the use of any expression or indication used in the course of trade or business in relation to such standard of fineness; and (g) prescribing a penalty of a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding five years for the contravention of or failure to comply with any of the provisions of any regulations made under this Act.
Repeal
The Trade Description Act 1972 [Act 87] is repealed.
Savings and transitional
Notwithstanding the repeal of the Trade Description Act 1972 under section 70— (a) all persons, things and circumstances appointed or created by or under the Trade Description Act 1972 (“the repealed Act”) or existing or continuing under the repealed Act immediately before the commencement of this Act shall, under and subject to this Act, continue to have the same status, operation and effect as they respectively would have had as if the repealed Act had not been so repealed; (b) in particular and without affecting the generality of paragraph (a), such repeal shall not affect appointments, orders, rules and regulations issued or made under or by virtue of the repealed Act and in force immediately before the commencement of this Act and such appointments, orders, rules and regulations shall remain in force and shall continue to remain in force as if every such appointment, order, rule and regulation were issued or made under and by virtue of this Act until replaced or revoked by any appointment, order, rule or regulation issued or made under or by virtue of this Act; (c) nothing shall affect any person’s liability to be prosecuted or punished for offences committed under the repealed Act immediately before the coming into operation of this Act and the prosecution of such offences shall be taken in accordance with the repealed Act; (d) any pending legal proceedings, criminal prosecution, investigation or disciplinary proceedings under the repealed Act shall be continued under the repealed Act; and (e) any reference to the repealed Act in any written law shall be construed as a reference to this Act and any reference to any specific provision of the repealed Act in any written law shall be construed as a reference to a provision of this Act which corresponds as nearly as may be to such specific provision.
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).