(c) (d)
(e)
Laws of Malaysia ACT 599 that the defect did not exist in the product at the relevant
time;
that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question may reasonably be expected to discover the defect if it had existed in his product while it was under his control; or
that the defect—
(i) is a defect in a product in which the product in question is comprised therein (the “subsequent product”); and
(ii) is wholly attributable to—
(A) the design of the subsequent product; or
(B) compliance by the producer of the product in question with instructions given by the producer of the subsequent product.
(2) For the purposes of subsection (1), “relevant time”—
(a) in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed; and
(b) in relation to any other product, means—
(i) wheresection68applies,thetimewhentheproducer
supplied the product to another person; and
(ii) where section 68 does not apply, the time when the product was last supplied by a person to whom section 68 applies to another person.
PART XI
THE NATIONAL CONSUMER ADVISORY COUNCIL
Establishment of the National Consumer Advisory Council 73. (1) TheMinistermayestablishtheNationalConsumerAdvisory
Council to advise him on the following matters:
(a) in respect of consumer issues and the operation of this Act;
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(b) the promotion of consumer protection and awareness in
consumer affairs; and
(c) any other matter which may be referred to it by the Minister for the proper and effective implementation of this Act and for the protection of consumers.
Membership of Council
74. (1) The Council shall consist of the following members:
(a) the Secretary General of the Ministry responsible for consumer affairs or his representative; and
(b) notmorethansixteenotherpersonstorepresenttheinterests of consumers, manufacturers, suppliers, other non- governmental organizations and academicians.
(2) The members referred to in paragraph (1)(b)—
(a) shall be appointed by the Minister for a term not exceeding
two years; and
(b) shall be eligible for reappointment upon expiry of his term of office.
(3) The Minister shall appoint from among the members of the Council a Chairman and a Deputy Chairman.
Temporary exercise of functions of Chairman
75. (1) Where the Chairman is for any reason unable to perform his functions or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman.
(2) Where both the Chairman and the Deputy Chairman are for any reason unable to perform the functions of the Chairman or during any period of vacancy in the offices of the Chairman and Deputy Chairman, the Minister may appoint any member of the Council to perform the functions of the Chairman.
(3) The Deputy Chairman or the member appointed under subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.
62 Laws of Malaysia ACT 599 Vacation of office
76. The office of a member of the Council referred to in paragraph 74(1)(b) shall become vacant—
(a) upon the death of the member;
(b) upon the member resigning from such office by letter
addressed to the Minister; or
(c) upon the expiration of his term of office.
Revocation of appointment
77. The Minister may revoke the appointment of a member of the
Council referred to in paragraph 74(1)(b)—
(a) if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit to the Council;
(b) if he has become incapable of properly carrying out his duties as a member of the Council;
(c) if there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under a law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment for more than two years;
(d) if he is adjudicated a bankrupt;
(e) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs; or
(f) if he absents himself from three consecutive meetings of the Council without obtaining leave in writing from the Chairman of the Council.
Consumer Protection 63
Resignation
78. A member of the Council appointed under paragraph 74(1)(b) may at any time resign his office by a letter addressed to the Minister.
Filling of vacancy
79. Where a member appointed under paragraph 74(1)(b) ceases to be a member of the Council, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
Secretary to Council and other officers
80. There shall be appointed a Secretary to the Council and such
other officers as may be necessary to assist the Council.
Allowance
81. The members of the Council appointed under paragraph 74(1)(b)
shall be paid such allowances as the Minister may determine.
Council may invite others to meetings
82. (1) The Council may invite any person to attend a meeting or deliberation of the Council for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or deliberation.
(2) A person invited under subsection (1) shall be paid such fee as the Council may determine.
Validity of acts and proceedings
83. No act done or proceeding taken under this Act shall be
questioned on the ground of—
(a) a vacancy in the membership of, or a defect in the constitution of, the Council; or
(b) an omission, a defect or an irregularity not affecting the merit of the case.