(4) Wherenosafetystandardhasbeenprescribedundersubsection (1), the person supplying or offering to supply the goods or services shall adopt and observe a reasonable standard of safety to be expected by a reasonable consumer, due regard being had to the nature of the goods or services concerned.
(5) In this section, “competent agency” means any person, body or authority that has determined or has the expertise to determine safety standards for any goods or services.
(6) This Part shall not apply to healthcare goods and food.
(7) For the purpose of this Part, “healthcare goods” means any goods used or intended to be used, provided or intended to be provided or prescribed or intended to be prescribed in the provision of healthcare services.
Compliance with safety standards
20. No person shall supply, or offer to or advertise for supply, any goods or services which do not comply with the safety standards determined under section 19.
General safety requirement for goods
21. In addition and without prejudice to section 20, no person shall supply, or offer to or advertise for supply, any goods which are not reasonably safe having regard to all the circumstances, including—
(a) the manner in which, and the purposes for which, the goods are being or will be marketed;
(b) the get-up of the goods;
(c) the use of any mark in relation to the goods; and
(d) instructions or warnings in respect of the keeping, use or consumption of the goods.
Defence
22. (1) Goodsorservicesshallnotberegardedasfailingtocomply with the requirements of section 20 or 21, or both, as the case may be, where it is shown that—
(a) the alleged failure is attributable to compliance with a requirement imposed under any written law; or
Consumer Protection 29
(b) the alleged failure is a failure to do more in relation to any matter than may be required under sections 20 and 21.
(2) In any proceedings for an offence under this Part, it shall be a defence for the person charged to show that at the time he supplied, or offered or agreed to supply, or exposed or possessed for supply, the goods or services, he—
(a) had no knowledge; and
(b) had no reasonable ground to believe,
that the goods or services failed to comply with the requirements of section 20 or 21, or both, as the case may be.
(3) Subsection (2) shall not apply in relation to manufacturers.
Prohibition against unsafe goods
23. (1) TheMinistermay,ontherecommendationoftheController, by order published in the Gazette, declare any goods or any class of goods to be prohibited goods where the goods or goods of that class have caused or are likely to cause injury to any person or property or is otherwise unsafe.
(2) Anordermadeundersubsection(1)mayrequirethesupplier, in such manner and within such period as may be specified in the order, and at the supplier’s own expense, to do any or all of the following:
(a) recall the prohibited goods;
(b) stop the supply of, or the offer to supply, the prohibited
goods;
(c) stop the advertisement of the prohibited goods;
(d) disclose to the public any information relating to—
(i) the characteristics of the prohibited goods which
render them unsafe;
(ii) the circumstances in which use of the prohibited goods are unsafe;
30 Laws of Malaysia ACT 599 (iii) any other matter relating to the prohibited goods or
the use of the prohibited goods as may be specified; (e) repair or replace the prohibited goods;
(f) refund to any person to whom the prohibited goods were supplied the price paid or the value of the consideration given for the prohibited goods or any lesser amount as may be reasonable having regard to the use that that person has had of the prohibited goods.
(3) Where an order is made under subsection (1), the Controller shall, by notice to the supplier, require the supplier to take any or all of the actions referred to in the order.
(4) A notice under subsection (3) need not be provided directly to the supplier and may be provided by general methods, including placing notices in the public news media, as the Controller thinks fit, provided that the notice is clear and reasonable.
(5) The supplier shall comply with all the requirements of any order and notice made under this section.
(6) Further and without prejudice to the foregoing, where an order under subsection (1) is in effect—
(a) no person shall supply, or offer to or advertise for supply, any prohibited goods; and
(b) no supplier shall—
(i) where the notice identifies a defect in, or a dangerous characteristic of, the prohibited goods, supply goods of a kind to which the order relates which contain the defect or have the characteristic; or
(ii) in any other case, supply goods of a kind to which the order relates.
Prohibition of importation of goods or services
24. The importation of any goods or services or any class of goods or services which do not comply with the provisions of this Part is prohibited.
Consumer Protection 31 PART IV
OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III
Contravention of Parts II and III to be an offence
25. (1) Any person who contravenes any of the provisions of Parts II and III commits an offence and shall on conviction be liable—
(a) if such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit;
(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 six years or to both.
(2) In the case of a continuing offence, the offender shall, in addition to the penalties under subsection (1), be liable to a fine not exceeding one thousand ringgit for each day or part of a day during which the offence continues after conviction.
Offence caused by act or default of another person
26. Where an offence under Part II or III is due to the act or default of another person, that other person shall be deemed to have committed of the offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned person.
Defence of mistake, accident, etc.
27. In any proceedings for an offence under section 25, it shall
be a defence for the person charged to prove— (a) that the contravention was due to—
(i) a reasonable mistake on his part;
(ii) reasonablerelianceoninformationsuppliedtohim;