LAWS OF MALAYSIA

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ONLINE VERSION
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Act 599

CONSUMER PROTECTION
ACT 1999
As at 1 September 2016
2

CONSUMER PROTECTION ACT 1999

Date of Royal Assent 27 August 1999

Date of publication in the Gazette 9 September 1999

Latest amendment made by

Act A1498 which came
into operation on 1 March 2016

PREVIOUS REPRINTS
First Reprint 2001
Second Reprint 2006
Third Reprint 2013
 3

LAWS OF MALAYSIA

Act 599

CONSUMER PROTECTION ACT 1999

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title and commencement
2. Application
3. Interpretation
4. Ouster of choice of law
5. Savings for other relevant legislation
6. No contracting out
7. Appointment of Controller, Deputy Controllers, etc.

PART II
MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION
AND UNFAIR PRACTICE

8. Interpretation
9. Misleading conduct
10. False or misleading representation
11. False representation and other misleading conduct in relation to land
12. Misleading indication as to price
13. Bait advertising
14. Gifts, prizes, free offers, etc.
15. Claim that goods are limited
4 Laws of Malaysia ACT 599

Section
16. Demanding or accepting payment without intending to supply
17. Future services contract
18. Presumption of liability for advertisement

PART III
SAFETY OF GOODS AND SERVICES

19. Safety standards

20. Compliance with safety standards
21. General safety requirement for goods
21A. General safety requirement for services
22. Defences
23. Prohibition against unsafe goods and services
24. Prohibition of importation of goods or services

PART IIIA
UNFAIR CONTRACT TERMS

24A. Interpretation for purposes of Part IIIA

24B. Application of Part IIIA
24C. General procedural unfairness
24D. General substantive unfairness
24E. Burden of proof
24F. Power to raise an issue of unfairness
24G. Effect of unfair terms
24H. Executed contracts
24 I. Contravention of Part IIIA to be an offence
24J. Regulations relating to unfair contract terms
 Consumer Protection 5

PART IV
OFFENCES, DEFENCES AND REMEDIES
IN RELATION TO PARTS II AND III

Section
25. Contravention of Parts II and III to be an offence
26. Offence caused by act or default of another person
27. Defence of mistake, accident, etc.
28. Defence of innocent publication of advertisement
29. Power of court to grant ancillary relief

PART V
GUARANTEES IN RESPECT OF SUPPLY OF GOODS

30. Application
31. Implied guarantee as to title
32. Implied guarantee as to acceptable quality
33. Implied guarantee as to fitness for particular purpose
34. Implied guarantee that goods comply with description
35. Implied guarantee that goods comply with sample
36. Implied guarantee as to price
37. Implied guarantee as to repairs and spare parts
38. Manufacturers express guarantee

PART VI
RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES
IN THE SUPPLY OF GOODS

39. Consumers right of redress against suppliers

40. Exception in respect of implied guarantee as to acceptable quality
41. Options against suppliers where goods do not comply with guarantees
42. Satisfaction of requirement to remedy a failure
43. Loss of right to reject goods
44. Failure of substantial character
45. Manner of rejecting goods
6 Laws of Malaysia ACT 599

Section
46. Consumers option of refund or replacement
47. Assessment of damages in case of hire-purchase agreements
48. Liability for representation
49. Liability of assignees and financiers

PART VII
RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES
IN THE SUPPLY OF GOODS

50. Consumers right of redress against manufacturers

51. Exceptions to right of redress against manufacturers
52. Options against manufacturers where goods do not comply with guarantees

PART VIII
GUARANTEES IN RESPECT OF SUPPLY OF SERVICES

53. Implied guarantee as to reasonable care and skill

54. Implied guarantee as to fitness for particular purpose
55. Implied guarantee as to time of completion
56. Implied guarantee as to price

PART IX
RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES
IN THE SUPPLY OF SERVICES

57. Consumers right of redress against suppliers

58. Exceptions to right of redress against supplier in relation to services
59. Contracts of work and materials
60. Options against suppliers where services do not comply with guarantees
61. Loss of right to cancel contract
62. Failure of substantial character
63. Rules applying to cancellation of contract
64. Effect of cancellation of contract
65. Power of court to grant ancillary relief
 Consumer Protection 7

PART X
PRODUCT LIABILITY

Section
66. Interpretation
67. Meaning of defect
68. Liability for defective products
69. Extent of liability for loss or damage
70. Application of other written law
71. Prohibition on exclusion from liability
72. Defences

PART XI
THE NATIONAL CONSUMER ADVISORY COUNCIL

73. Establishment of the National Consumer Advisory Council

74. Membership of Council
75. Temporary exercise of functions of Chairman
76. Vacation of office
77. Revocation of appointment
78. Resignation
79. Filling of vacancy
80. Secretary to Council and other officers
81. Allowance
82. Council may invite others to meetings
83. Validity of acts and proceedings
84. Regulations relating to the Council

PART XIA
COMMITTEE ON ADVERTISEMENT

84A. Committee on Advertisement

84B. Membership of Committee on Advertisement
84C. Provisions of Schedule to apply to Committee on Advertisement
 8 Laws of Malaysia ACT 599

Section
84D. Regulations relating to the Committee on Advertisement

PART XII
THE TRIBUNAL FOR CONSUMER CLAIMS

85. Establishment of the Tribunal for Consumer Claims

86. Membership of Tribunal
87. Temporary exercise of functions of Chairman
88. Vacation of office
89. Revocation of appointment
90. Resignation
91. Filling of vacancy
92. Remuneration
93. Secretary to Tribunal and other officers
94. Public servant
95. No action to lie against Tribunal
96. Sittings of Tribunal
97. Commencement of proceedings
98. Jurisdiction of Tribunal
99. Limitation of jurisdiction
100. Extension of jurisdiction by agreement
101. Abandonment to bring claim within jurisdiction
102. Cause of action not to be split
103. (Deleted)
104. Exclusion of jurisdiction of court
105. Disposal of perishable goods
106. Notice of claim and hearing
107. Negotiation for settlement
108. Right to appear at hearings
109. Proceedings to be public
109A. Procedure to be reduced into writing
110. Evidence
 Consumer Protection 9

Section
111. Tribunal may act in absence of party
112. Awards of Tribunal
113. Reference to a Judge of the High Court on a question of law
114. Reasons for decision
115. Orders and settlements to be recorded in writing
116. Decisions of Tribunal to be final
117. Criminal penalty for failure to comply
118. Procedure where no provision is made
119. Want of form
120. Disposal of documents, etc.
121. Act or omission done in good faith
122. Regulations in respect of the Tribunal

PART XIII
ENFORCEMENT

123. Power of investigation

124. Authority cards
125. Search by warrant
126. Search and seizure without warrant
127. List of things seized
128. Power to require attendance of person acquainted with case
129. Examination of person acquainted with case
130. Statement to be admissible in evidence
131. Forfeiture of goods, etc., seized
132. Cost of holding goods, etc., seized
133. No costs or damages arising from seizure to be recoverable
134. Protection of informers
135. Reward for information
136. Disappearance or destruction of goods, etc., to be seized
137. Offences with respect to information
138. Obstruction of Assistant Controller
10 Laws of Malaysia ACT 599

Section
139. Use of confidential information

PART XIV
GENERAL AND MISCELLANEOUS

140. Receipts
141. Power to order compliance
142. Failure to comply with lawful order
143. Offences by body corporate
144. Offences by employees, agents or employees of agents
145. General penalty
146. Compounding of offences
147. Institution of prosecution
148. Jurisdiction to try offences
149. Protection of officers
150. Regulations
SCHEDULE
 11

LAWS OF MALAYSIA

Act 599

CONSUMER PROTECTION ACT 1999

An Act to provide for the protection of consumers, the establishment

of the National Consumer Advisory Council and the Tribunal for
Consumer Claims, and for matters connected therewith.

[15 November 1999, P.U. (B) 415/1999]

BE IT ENACTED by the Parliament of Malaysia as follows:

PART I
PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Consumer Protection Act 1999.

(2) This Act shall came into operation on a date to be appointed by

the Minister, by notification in the Gazette, and the Minister may
appoint different dates for different provisions of this Act.

Application

2. (1) Subject to subsection (2), this Act shall apply in respect of all
goods and services that are offered or supplied to one or more
consumers in trade including any trade transaction conducted through
electronic means.

(2) This Act shall not apply

12 Laws of Malaysia ACT 599
*
(a) to securities as defined in the Securities Industry Act
1983 [Act 280];

(b) to futures contracts as defined in the Futures Industry Act

1993 [Act 499];

(c) to contracts made before the date on which this Act comes
into operation;

(d) in relation to land or interests in land except as may be

expressly provided in this Act;

(e) to services provided by professionals who are regulated by

any written law; and

(f) to healthcare services provided or to be provided by

healthcare professionals or healthcare facilitie

(g) (Deleted by Act A1298).

(3) (Deleted by Act A1381).

(4) The application of this Act shall be supplemental in nature

and without prejudice to any other law regulating contractual
relations.

Interpretation

3. (1) In this Act, unless the context otherwise requires

acquiring, in relation to

(a) goods, includes obtaining goods by way of purchase,

exchange or taken on lease, hire or hire-purchase;

(b) services, includes accepting a service in any manner,

*
NOTEThis Act has since been repealed by Capital Market and Services Act 2007 [Act 671] which
comes into operation on 28 September 2007 except Division 2 of Part VIwhich comes into operation on
1 April 2010see subsection 381(2) Act 671, P.U. (B) 342/2007 and P.U. (B) 143/2010.
 Consumer Protection 13

and acquire and acquisition shall be construed accordingly;

advertisement includes every form of advertisement, whether or

not accompanied by or in association with spoken or written words or
other writing or sounds and whether or not contained or issued in a
publication, and includes advertisement

(a) by the display of notices;

(b) by means of catalogues, price lists, circulars, labels, cards

or other documents or materials;

(c) by the exhibition of films or of pictures or photographs; or

(d) by means of radio, television, telecommunication or any

other similar means;

business means any undertaking that is carried on whether for

gain or reward or not and in the course of which goods or services are
acquired or supplied whether at a price or otherwise;

consumer means a person who

(a) acquires or uses goods or services of a kind ordinarily

acquired for personal, domestic or household purpose, use
or consumption; and

(b) does not acquire or use the goods or services, or hold

himself out as acquiring or using the goods or services,
primarily for the purpose of

(i) resupplying them in trade;

(ii) consuming them in the course of a manufacturing

process; or

(iii) in the case of goods, repairing or treating, in trade,

other goods or fixtures on land;
14 Laws of Malaysia ACT 599

Controller, Deputy Controller and Assistant Controller mean

persons appointed as such under section 7;

Council or National Consumer Advisory Council means the

council established under section 73;

credit instrument means any agreement, oral or written,

acknowledging an obligation to pay a sum or sums of money on
demand, or at any future time or times;

goods means goods which are primarily purchased, used or

consumed for personal, domestic or household purposes, and
includes

(a) goods attached to, or incorporated in, any real or personal

property;

(b) animals, including fish;

(c) vessels and vehicles;

(d) utilities; and

(e) trees, plants and crops whether on, under or attached to

land or not,

but does not include choses in action, including negotiable

instruments, shares, debentures and money;

healthcare facility means any premises in which one or more

members of the public receive healthcare services;

healthcare professional includes a medical practitioner, dental

practitioner, pharmacist, clinical psychologist, nurse, midwife,
medical assistant, physiotherapist, occupational therapist and other
allied healthcare professional and any other person involved in the
giving of medical, health, dental, pharmaceutical or any other
healthcare services;

healthcare services includes

 Consumer Protection 15

(a) medical, dental, nursing, midwifery, allied health,

pharmacy, and ambulance services and any other service
provided by a healthcare professional;

(b) accommodation for the purpose of any healthcare service;

(c) any service for the screening, diagnosis or treatment of

persons suffering from, or believed to be suffering from
any disease, injury or disability of mind or body;

(d) any service for preventive or promotive health purpose;

(e) any service by any healthcare para-profesional;

(f) any service for curing or alleviating any abnormal

condition of the human body by the application of any
apparatus, equipment, instrument or device or any other
medical technology; or

(g) any health related services including alternative and

traditional medical services;

manufacturer means a person who carries on a business of

assembling, producing or processing goods, and includes

(a) any person who holds himself out to the public as a

manufacturer of the goods;

(b) any person who affixes his brand or mark, or causes or

permits his brand or mark to be affixed, to the goods; and

(c) where goods are manufactured outside Malaysia and the

foreign manufacturer of the goods does not have an
ordinary place of business in Malaysia, a person who
imports or distributes those goods;

premises means any place, building or vehicle, whether

permanent or temporary;
16 Laws of Malaysia ACT 599

prescribed means prescribed by or under this Act or any

regulations made under this Act, and where no mode is mentioned,
means prescribed from time to time by order published in the
Gazette;

price includes consideration in any form, whether direct or

indirect, and includes any consideration that in effect relates to the
acquisition or supply of goods or services although ostensibly
relating to any other matter or thing;

publication includes advertisement to the public or any member

of the public by any means, and publish shall be construed
accordingly;

record includes account books, bank books, vouchers, receipts,

correspondence and any other document regardless of whether the
record is on paper or is in electronic, photographic or other form but
does not include patient medical record;

regulations means regulations made under this Act;

security includes any charge or encumbrance;

services includes any rights, benefits, privileges or facilities that

are or are to be provided, granted or conferred under any contract but
does not include rights, benefits or privileges in the form of the
supply of goods or the performance of work under a contract of
service;

subsidiary has the same meaning as given in the Companies Act

1965 [Act 125];

supplier means a person who, in trade

(a) supplies goods to a consumer by transferring the ownership

or the possession of the goods under a contract of sale,
exchange, lease, hire or hire-purchase to which that person
is a party; or

(b) supplies services to a consumer, and includes

 Consumer Protection 17

(i) where the rights of the supplier have been

transferred by assignment or by operation of law, the
person for the time being entitled to those rights;

(ii) a financier who has lent money on the security of

goods supplied to a consumer, if the whole or any
part of the price of the goods is to be paid out of the
proceeds of the loan and if the loan was arranged by
a person who, in trade, supplied the goods;

(iii) a person who, in trade, assigns or procures the

assignment of goods to a financier to enable the
financier to supply those goods, or goods of that
kind, to the consumer; and

(iv) a person who, in trade, is acting as agent for another

person where that other person is not supplying in
trade;

supply, in relation to

(a) goods, means to supply or resupply by way of sale,

exchange, lease, hire or hire-purchase;

(b) services, means to provide, grant or confer;

this Act includes any subsidiary legislation made under this Act;

trade means any trade, business, industry, profession, occupation,

activity of commerce or undertaking relating to the supply or
acquisition of goods or services;

Tribunal means the Tribunal for Consumer Claims established

under section 85.

(2) In this Act, a reference to

(a) engaging in a conduct shall be read as a reference to doing

or refusing to do an act, and includes
18 Laws of Malaysia ACT 599

(i) omitting to do an act; or

(ii) making it known that an act will or, as the case may
be, will not, be done;

(b) the acquisition of goods includes a reference to the

acquisition of property in or rights in relation to goods
pursuant to a supply of the goods;

(c) the supply or acquisition of goods or services includes a

reference to the agreement to supply or acquire goods or
services;

(d) the supply or acquisition of goods includes a reference to

the supply or acquisition of goods together with other
goods or services or both;

(e) the supply or acquisition of services includes a reference to

the supply or acquisition of services together with other
goods or services or both;

(f) the resupply of goods acquired from a person includes a

reference to

(i) a supply of goods to another person in an altered

form or condition; and

(ii) a supply to another person of other goods in which

the acquired goods have been incorporated.

(3) In this Act, where it is necessary to determine the time at

which a guarantee commences to apply

(a) goods shall be treated as supplied at the time when the

consumer acquires the right to possess the goods;

(b) services shall be treated as supplied at the time when the

services are provided, granted or conferred.
 Consumer Protection 19

(4) For the purposes of this Act, an undertaking, assertion or

representation by any name shall be deemed to be an express
guarantee if it has the same or substantially the same effect as an
express guarantee.

Ouster of choice of law

4. This Act shall have effect notwithstanding any contract term

which applies or purports to apply the law of another country where
the term appears to the court to have been imposed wholly or mainly
for the purpose of enabling the party imposing it to evade the
operation of this Act.

Savings for other relevant legislation

5. Nothing in this Act shall remove or restrict the effect of, or

prevent reliance on

(a) any written law which imposes on the supplier a duty

stricter than that imposed under this Act;

(b) any written law by which any term not inconsistent with
this Act is to be implied in a contract for the supply of any
goods or services;

(c) any written law relating to contracts of employment or

contracts of apprenticeship; or

(d) any term in any agreement in writing between a supplier

and a consumer to the extent that the term

(i) imposes a stricter duty on the supplier than that

imposed under this Act; or

(ii) provides a remedy more advantageous to the

consumer than the remedies provided under this Act.
20 Laws of Malaysia ACT 599

No contracting out

6. (1) The provisions of this Act shall have effect notwithstanding

anything to the contrary in any agreement.

(2) Every supplier and every manufacturer who purports to

contract out of any provision of this Act commits an offence.

(3) Nothing in subsection (1) shall prevent a consumer who has a

claim under this Act from agreeing to settle or compromise that
claim.

Appointment of Controller, Deputy Controllers, etc.

7. (1) The Minister may appoint, from among public officers, a

Controller of Consumer Affairs and such number of Deputy
Controllers of Consumer Affairs, Assistant Controllers of Consumer
Affairs and other officers as may be necessary for the purposes of this
Act.

(2) The Controller shall, subject to the general direction and

control of the Minister, perform the functions and duties imposed and
exercise the powers conferred upon him under this Act.

(3) The Deputy Controllers, Assistant Controllers and other

officers appointed under subsection (1) shall be under the direction
and control of the Controller.

(4) A Deputy Controller may perform all the functions and duties
imposed and exercise all the powers conferred upon the Controller
under this Act.

(5) All officers appointed under this section shall be deemed to be

public servants within the meaning of the Penal Code [Act 574].
 Consumer Protection 21

PART II
MISLEADING AND DECEPTIVE CONDUCT, FALSE
REPRESENTATION AND UNFAIR PRACTICE

Interpretation

8. For the purposes of this Part

(a) false, misleading or deceptive, in relation to conduct,

representation or practice, includes conduct, representation
or practice which is capable of leading a consumer into
error; and

(b) price, in relation to any goods or services, in addition and

without prejudice to the generality of the definition of
price in section 3, means

(i) the aggregate of the sums required to be paid by a

consumer for or otherwise in respect of the supply of
the goods or services; or

(ii) except in subsections 12(3) and (4), any method

which will be or has been applied for the purpose of
determining the aggregate.

Misleading conduct

9. No person shall engage in conduct that

(a) in relation to goods, is misleading or deceptive, or is likely

to mislead or deceive, the public as to the nature,
manufacturing process, characteristics, suitability for a
purpose, availability or quantity, of the goods; or

(b) in relation to services, is misleading or deceptive, or is

likely to mislead or deceive, the public as to the nature,
characteristics, suitability for a purpose, availability or
quantity, of the services.
22 Laws of Malaysia ACT 599

False or misleading representation

10. (1) No person shall make a false or misleading representation

that

(a) the goods are of a particular kind, standard, quality, grade,

quantity, composition, style or model;

(b) the goods have had a particular history or particular

previous use;

(c) the services are of a particular kind, standard, quality or

quantity;

(d) the services are supplied by any particular person or by any

person of a particular trade, qualification or skill;

(e) a particular person has agreed to acquire the goods or

services;

(f) the goods are new or reconditioned;

(g) the goods were manufactured, produced, processed or

reconditioned at a particular time;

(h) the goods or services have any sponsorship, approval,

endorsement, performance characteristics, accessories, uses
or benefits;

(i) the person has any sponsorship, approval, endorsement or

affiliation;

(j) concerns the need for any goods or services;

(k) concerns the existence, exclusion or effect of any

condition, guarantee, right or remedy; or

(l) concerns the place of origin of the goods.

 Consumer Protection 23

(2) In this section, quantity includes length, width, height, area,

volume, capacity, weight and number.

False representation and other misleading conduct in relation to

land

11. (1) No person shall in connection with the sale or grant or

possible sale or grant of an interest in land or with the promotion by
any means of the sale or grant of an interest in land

(a) falsely represent that any person has any sponsorship,

approval, endorsement or affiliation; or

(b) make a false or misleading representation concerning any

or all of the following:

(i) the nature of the interest in the land;

(ii) the price payable for the land;

(iii) the location of the land;

(iv) the characteristics of the land;

(v) the use to which the land is capable of being put or

may lawfully be put;

(vi) the existence or availability of facilities associated

with the land.

(2) In this section, interest, in relation to land, means a

registered or registrable interest in the land, and includes

(a) a right of occupancy of the land or of a building or part of a

building erected on the land, arising by virtue of the
holding of shares or by virtue of a contract to purchase
shares in a company that owns the land or building; or
24 Laws of Malaysia ACT 599

(b) a right, power or privilege over or in connection with the

land.

(3) This section does not apply to housing accommodation as

provided under the Housing Developers (Control and Licensing)
Act 1966 [Act 118].

Misleading indication as to price

12. (1) A person commits an offence

(a) if he gives to a consumer an indication which is misleading

as to the price at which any goods or services are available;
or

(b) if an indication given by him to a consumer as to the price

at which any goods or services are available becomes
misleading and he fails to take reasonable steps to prevent
the consumer from relying on the indication.

(2) For the purposes of subsection (1), it shall be immaterial

(a) whether the person who gives the indication is acting on

his own behalf or on behalf of another;

(b) whether or not the person who gives the indication is the
person or included among the persons from whom the
goods or services are available;

(c) whether the indication is or becomes misleading in relation

to all the consumers to whom it is given or only in relation
to some of them.

(3) For the purposes of this section, an indication given to a

consumer is misleading as to a price or a method of determining a
price if what is conveyed by the indication, or what the consumer
may reasonably be expected to infer from the indication or any
omission from it, includes any of the following:
 Consumer Protection 25

(a) that the price or method is not what in fact it is;

(b) that the applicability of the price or method does not

depend on facts or circumstances on which it does in fact
depend;

(c) that the price covers or the method takes into account
matters in respect of which an additional charge is in fact
made;

(d) that a person who in fact has no such expectation,

expects

(i) the price to be increased or reduced, whether or not

at a particular time or by a particular amount;

(ii) the price, or the price as increased or reduced, as the

case may be, to be maintained, whether or not for a
particular period;

(iii) the method to be altered, whether or not at a

particular time or in a particular respect; or

(iv) the method or the method as altered, as the case may

be, to remain unaltered, whether or not for a
particular period;

(e) that the facts or circumstances by reference to which the

consumer may reasonably be expected to judge the validity
of any relevant comparison made or implied by the
indication are not what they in fact are.

(4) For the purposes of paragraph (3)(e), a comparison is a

relevant comparison in relation to a price or a method of determining
a price, as the case may be, if the comparison is made between that
price or method or any price which has been or may be determined by
that method, and

(a) any price or value that is stated or implied to be or to have

been or to be likely to be attributed or attributable to the
26 Laws of Malaysia ACT 599

goods or services in question, or to any other goods or

services; or

(b) any method or other method that is stated or implied to be

or to have been or to be likely to be applied or applicable
for the determination of the price or value of the goods or
services in question, or of the price or value of any other
goods or services.

Bait advertising

13. (1) No person shall advertise for supply at a specified price

goods or services which that person

(a) does not intend to offer for supply; or

(b) does not have reasonable grounds for believing can be

supplied,

at that price for a period that is, and in quantities that are, reasonable
having regard to the nature of the market in which the person carries
on business and the nature of the advertisement.

(2) In a prosecution for a failure to offer goods or services to a

consumer in accordance with subsection (1), it shall be a defence if
the person charged proves that

(a) he offered to supply or to procure another person to supply,

to the consumer, within a reasonable time, goods or
services of the kind advertised, in a reasonable quantity and
at the advertised price, and where the offer is accepted by
the consumer, that the person has so supplied or procured
another person to supply, the goods or services; or

(b) he offered to supply to the consumer immediately, or to

procure another person to supply to the consumer within a
reasonable time, equivalent goods or services, in a
reasonable quantity and at the advertised price, and where
the offer is accepted by the consumer, that the person has
 Consumer Protection 27

so supplied or procured another person to supply, such

equivalent goods or services.

Gifts, prizes, free offers, etc.

14. (1) No person shall offer any gift, prize or other free item

(a) with the intention of not providing it; or

(b) with the intention of not providing it as offered.

(2) No person shall in offering any gift, prize or other free item
with the purchase of any goods or services, whether or not contingent
on the purchase of other goods or services

(a) charge more than the regular price for the goods or services
to be purchased; or

(b) reduce the quantity or quality of the goods or services to be

purchased.

(3) A person who offers a gift, prize or other free item may
impose any reasonable condition on the offer.

(4) Where a person imposes a condition on the offer, he shall

(a) describe the condition clearly;

(b) ensure that the description of the condition is

conspicuously placed near the expression free or free
offer, as the case may be; and

(c) ensure that the print of the description of the condition is at

least half as large as the print used for the expression free
or free offer.

(5) For the purposes of this section

free or free offer includes any expression of similar meaning;

28 Laws of Malaysia ACT 599

regular price means the price at which similar goods or services

are regularly sold on the market.

Claim that goods are limited

15. (1) No person shall, in supplying or offering to supply goods

for sale to consumers, describe the goods as limited unless their
edition, printing, minting, crafting or production is restricted to

(a) a pre-determined maximum quantity; or

(b) the actual quantity ordered or subscribed to within a

specified and reasonably short period of time.

(2) A claim that goods are limited shall state clearly

(a) the maximum quantity of goods which are offered for sale;
and

(b) the specific time period or dates for which the goods are
offered for sale.

(3) The statements required under subsection (2) shall be

conspicuously placed near the claim.

Demanding or accepting payment without intending to supply

16. No person shall demand for or accept, any payment or other

consideration for goods or services, if at the time of the demand or
acceptance that person

(a) does not intend to supply the goods or services;

(b) intends to supply goods or services materially different

from the goods or services in respect of which the payment
or other consideration is demanded for or accepted; or
 Consumer Protection 29

(c) does not have reasonable grounds to believe he will be able

to supply the goods or services within any specified period,
or where no period is specified, within a reasonable time.

Future services contract

17. (1) For the purposes of this section, future services contract
means a contract for consumer services that will be provided on a
continuing basis and as prescribed by the Minister from time to time.

(2) A consumer who cancels a future services contract may be

charged by the supplier the following amount:

(a) five percent of the full contract price;

(b) the cost of any goods the consumer used or is keeping; or

(c) the portion of the full contract price representing services

received by the consumer.

(3) Where the consumer has paid the supplier more money than
the supplier is entitled to charge under paragraph (2)(a), (b) or (c), the
supplier shall refund the extra payment or make a refund available,
within fourteen days of cancellation.

(4) A cancellation of a future services contract shall take effect

(a) at the time at which the cancellation is communicated to

the supplier; or

(b) where it is not reasonably practicable to communicate with

the supplier, at the time at which the consumer indicates to
the supplier, by means which are reasonable in the
circumstances, his intention to cancel the future services
contract.

(5) Subject to subsection (6), a cancellation of the future services

contract may be communicated by words or conduct or both which
indicate the intention of the consumer to cancel the contract, and it
30 Laws of Malaysia ACT 599

shall not be necessary to use any particular form of words, as long as

the intention to cancel is clear.

(6) Where it is reasonably practicable to communicate with the

supplier, subsection (5) shall take effect subject to any express
provision in the future services contract requiring notice of
cancellation to be in writing.

Presumption of liability for advertisement

18. Where the conduct or representation in relation to any goods or

services is made or published in an advertisement, the advertisement
shall be deemed to have been made by

(a) the person who directly or indirectly claims to supply the

goods or services;

(b) the person on whose behalf the advertisement is made; or

(c) both of them,

as the case may require, unless the contrary is proved.

PART III
SAFETY OF GOODS AND SERVICES

Safety standards

19. (1) The Minister may by regulations prescribe the safety

standards in respect of

(a) any goods or class of goods; and

(b) any services or class of services,

and may prescribe different safety standards for different goods or

services, or classes of goods or services.
 Consumer Protection 31

(2) The safety standard in relation to goods may relate to any or

all of the following matters:

(a) the performance, composition, contents, manufacture,

processing, design, construction, finish or packaging of the
goods;

(b) the testing of the goods during or after manufacture or

processing;

(c) the form and content of markings, warnings or instructions

to accompany the goods.

(3) For the purposes of subsection (1), the Minister may, on the
recommendation of the Controller and with consultation with the
competent agency

(a) adopt in whole or in part the safety standard used by the

competent agency; or

(b) obtain advice from experts in the relevant field.

(4) Where no safety standard has been prescribed under

subsection (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.
32 Laws of Malaysia ACT 599

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.

General safety requirement for services

21A. In addition and without prejudice to section 20, no person shall

supply, or offer to or advertise for supply, any services which are not
reasonably safe having regard to all the circumstances, including

(a) the nature of the service, and composition and mode of

provision;

(b) its effect on human life and health, and property;

(c) the appearance, design, labelling, instructions for

installation or use, warnings, instructions for disposal of
the property relating to the service and other information
provided by the service provider; and
 Consumer Protection 33

(d) whether there are any categories of persons who may be at

risk when using the service..

Defence

22. (1) Goods or services shall not be regarded as failing to comply

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

(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 and services

23. (1) The Minister may, on the recommendation of the Controller,

by order published in the Gazette, declare any goods or any class of
goods to be prohibited goods or any services or class of services to be
prohibited services, where the goods or goods of that class or services
or services of that class have caused or are likely to cause injury to
any person or property or is otherwise unsafe.
34 Laws of Malaysia ACT 599

(2) An order made under subsection (1) may require the supplier,
in such manner and within such period as may be specified in the
order, and at the suppliers 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 or prohibited services;

(c) stop the advertisement of the prohibited goods or

prohibited services;

(d) disclose to the public any information relating to

(i) the characteristics of the prohibited goods or

prohibited services which render them unsafe;

(ii) the circumstances in which use of the prohibited

goods or prohibited services are unsafe;

(iii) any other matter relating to the prohibited goods or

prohibited services or the use of the prohibited
goods or prohibited services as may be specified;

(e) repair or replace the prohibited goods or prohibited

services;

(f) refund to any person to whom the prohibited goods or

prohibited services were supplied the price paid or the
value of the consideration given for the prohibited goods
or prohibited services or any lesser amount as may be
reasonable having regard to the use that that person has
had of the prohibited goods or prohibited services.

(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.
 Consumer Protection 35

(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 or prohibited services; and

(b) no supplier shall

(i) where the notice identifies a defect in, or a

dangerous characteristic of, the prohibited goods or
prohibited services, supply goods or services of a
kind to which the order relates which contain the
defect or have the characteristic; or

(ii) in any other case, supply goods or services 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.

PART IIIA
UNFAIR CONTRACTTERMS

Interpretation for purposes of Part IIIA

24A. In this Part

36 Laws of Malaysia ACT 599

(a) contract has the same meaning as assigned to it in

section 2 of the Contracts Act 1950 [Act 136];

(b) standard form contract means a consumer contract that

has been drawn up for general use in a particular industry,
whether or not the contract differs from other contracts
normally used in that industry; and

(c) unfair term means a term in a consumer contract which,

with regard to all the circumstances, causes a significant
imbalance in the rights and obligations of the parties
arising under the contract to the detriment of the consumer.

Application of Part IIIA

24B. Without prejudice to the provisions in the Contracts Act 1950,

the Specific Relief Act 1950 [Act 137], the Sale of Goods Act 1957
[Act 382] and the provisions of any other law for the time being in
force, the provisions of this Part shall apply to all contracts.

General procedural unfairness

24C. (1) A contract or a term of a contract is procedurally unfair if it

has resulted in an unjust advantage to the supplier or unjust
disadvantage to the consumer on account of the conduct of the
supplier or the manner in which or circumstances under which the
contract or the term of the contract has been entered into or has been
arrived at by the consumer and supplier.

(2) For the purposes of this section, a court or the Tribunal may
take into account the following circumstances:

(a) the knowledge and understanding of the consumer in

relation to the meaning of the terms of the contract or their
effect;

(b) the bargaining strength of the parties to the contract

relative to each other;
 Consumer Protection 37

(c) reasonable standards of fair dealing;

(d) whether or not, prior to or at the time of entering into the

contract, the terms of the contract were subject to
negotiation or were part of a standard form contract;

(e) whether or not it was reasonably practicable for the

consumer to negotiate for the alteration of the contract or a
term of the contract or to reject the contract or a term of the
contract;

(f) whether expressions contained in the contract are in fine

print or are difficult to read or understand;

(g) whether or not, even if the consumer had the competency

to enter into the contract based on his or her capacity and
soundness of mind, the consumer

(i) was not reasonably able to protect his or her own

interests or of those whom he or she represented at
the time the contract was entered; or

(ii) suffered serious disadvantages in relation to other

parties because the consumer was unable to
appreciate adequately the contract or a term of the
contract or its implications by reason of age,
sickness, or physical, mental, educational or
linguistic disability, or emotional distress or
ignorance of business affairs;

(h) whether or not independent legal or other expert advice

was obtained by the consumer who entered into the
contract;

(i) the extent, if any, to which the provisions of the contract or

a term of the contract or its legal or practical effect was
accurately explained by any person to the consumer who
entered into the contract;
38 Laws of Malaysia ACT 599

(j) the conduct of the parties who entered into the contract in
relation to similar contracts or courses of dealing between
them; and

(k) whether the consumer relied on the skill, care or advice of

the supplier or a person connected with the supplier in
entering into the contract.

General substantive unfairness

24D. (1) A contract or a term of a contract is substantively unfair if

the contract or the term of the contract

(a) is in itself harsh;

(b) is oppressive;

(c) is unconscionable;

(d) excludes or restricts liability for negligence; or

(e) excludes or restricts liability for breach of express or

implied terms of the contract without adequate
justification.

(2) For the purposes of this section, a court or the Tribunal may
take into account the following circumstances:

(a) whether or not the contract or a term of the contract

imposes conditions

(i) which are unreasonably difficult to comply with; or

(ii) which are not reasonably necessary for the

protection of the legitimate interests of the supplier
who is a party to the contract;

(b) whether the contract is oral or wholly or partly in writing;

 Consumer Protection 39

(c) whether the contract is in standard form;

(d) whether the contract or a term of the contract is contrary to

reasonable standards of fair dealing;

(e) whether the contract or a term of the contract has resulted

in a substantially unequal exchange of monetary values or
in a substantive imbalance between the parties;

(f) whether the benefits to be received by the consumer who

entered into the contract are manifestly disproportionate or
inappropriate, to his or her circumstances;

(g) whether the consumer who entered into the contract was in
a fiduciary relationship with the supplier; and

(h) whether the contract or a term of the contract

(i) requires manifestly excessive security for the

performance of contractual obligations;

(ii) imposes penalties which are disproportionate to the

consequences of a breach of contract;

(iii) denies or penalizes the early repayment of debts;

(iv) entitles the supplier to terminate the contract

unilaterally without good reason or without paying
reasonable compensation; or

(v) entitles the supplier to modify the terms of the

contract unilaterally.

Burden of proof

24E. If a contract or a term of a contract excludes or restricts

liability, or excludes rights, duties and liabilities, it is for the supplier
relying on such exclusion or restriction to prove that it is not without
adequate justification.
40 Laws of Malaysia ACT 599

Power to raise an issue of unfairness

24F. A court or the Tribunal may, in proceedings before it, raise an

issue as to whether a contract or its terms are unfair under sections
24C and 24D, even if none of the parties has raised the issue in its
pleadings.

Effect of unfair terms

24G. (1) In this Part, where a court or the Tribunal comes to the
conclusion, having regard to sections 24C and 24D that a contract or a
term of a contract is either procedurally or substantively unfair or
both, the court or the Tribunal may declare the contract or the term of
the contract as unenforceable or void and the court may grant
judgment, and the Tribunal may make an award as provided for under
section 112 of this Act.

(2) A court or the Tribunal may determine if any of the terms of

the contract which are either procedurally or substantially unfair, or
both, are severable, and whether and to what extent and in what
manner, the remaining terms of the contract can be enforced or given
effect to.

Executed contracts

24H. A court may grant judgment, and the Tribunal may make an
award as provided for under section 112 of this Act, notwithstanding
that the contract has been wholly or partly executed and for that
purpose the court or Tribunal may consider

(a) whether and to what extent restitution is possible in the

facts and circumstances of the case; and

(b) where such restitution is not possible, either wholly or

partly, whether any compensation is payable.
 Consumer Protection 41

Contravention of Part IIIA to be an offence

24I. (1) 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

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 two thousand ringgit for each day or part of a day during
which the offence continues after conviction.

Regulations relating to unfair contract terms

24J. The Minister may make such regulations as may be necessary or

expedient in respect of this Part.

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
42 Laws of Malaysia ACT 599

(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 IIor IIIis 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) reasonable reliance on information supplied to him;

(iii) the act or default of another person;

 Consumer Protection 43

(iv) an accident; or

(v) a cause beyond his control; and

(b) that he took reasonable precautions and exercised all due

diligence to avoid such contravention by himself or by any
person under his control.

Defence of innocent publication of advertisement

28. Where an offence under section 25 is committed by the

publication of an advertisement, it shall be a defence in any
proceedings for the offence for the person charged to prove that

(a) his business is that of publishing or arranging for the

publication of advertisements;

(b) he received the advertisement or the information contained

in the advertisement, as the case may be, for publication in
the ordinary course of business; and

(c) he did not know and had no reason to suspect that the
publication of the advertisement would constitute an
offence under section 25.

Power of court to grant ancillary relief

29. (1) Where, in any proceedings under this Part, or on the

application of any person, the court finds that such person, whether or
not he is a party to the proceedings, has suffered or is likely to suffer
loss or damage by the conduct of any other person that constitutes or
would constitute

(a) a contravention of;

(b) aiding, abetting, counselling or procuring the contravention

of;
44 Laws of Malaysia ACT 599

(c) inducing by threats, promises or otherwise the

contravention of;

(d) being in any way knowingly concerned in or party to,

whether directly or indirectly, the contravention of; or

(e) conspiring with any other person in the contravention of,

any of the provisions of Part IIor III, the court may, without prejudice
to any other relief it may grant, make any or all of the orders referred
to in subsection (2).

(2) For the purposes of this section, the court may make the
following orders:

(a) an order declaring

(i) the whole or any part of a contract made between the

person who suffered or is likely to suffer the loss or
damage and the person who engaged in the conduct
referred to in subsection (1); or

(ii) the whole or any part of a collateral arrangement

relating to such a contract,

to be void and, if the court thinks fit, to be void ab initio or

at all times on and after such date, before the date on which
the order is made, as may be specified in the order;

(b) an order varying the contract or arrangement in such

manner as may be specified in the order and, if the court
thinks fit, declaring the contract or arrangement to have
had effect as so varied on and after such date, before the
date on which the order is made, as may be specified in the
order;

(c) an order directing the person who engaged in the conduct

referred to in subsection (1)

(i) to refund the money or return the property;

 Consumer Protection 45

(ii) to pay the amount of the loss or damage;

(iii) at the persons own expense, to repair or provide

parts for goods that have been supplied by him;

(iv) at the persons own expense, to supply specified

services,

to the person who suffered, or is likely to suffer, the loss or

damage, as the case may be.

(3) An order under paragraph (2)(a) or (b) shall not prevent

proceedings from being instituted or maintained under this Part.

(4) In an application for an order against a person under this

section, a finding of fact made in proceedings for an offence under
section 25, being proceedings in which that person was found to have
engaged in conduct of the kind referred to in subsection (1), shall be
prima facie evidence of that fact and the finding may be proved by
the production of a document under the seal of the court in which the
finding was made.

PART V

GUARANTEES IN RESPECT OF SUPPLY OF GOODS

Application

30. The implied guarantees under this Part shall apply whether or
not the goods are supplied in connection with services.

Implied guarantee as to title

31. (1) Subject to subsection (5), the following guarantees shall be

implied where goods are supplied to a consumer:

(a) that the supplier has a right to sell the goods;

46 Laws of Malaysia ACT 599

(b) that the goods are free from any undisclosed security; and
(c) that the consumer has a right to quiet possession of the
goods, except in so far as that right is varied by

(i) a term of the agreement for supply where that

agreement is a hire-purchase agreement within the
meaning of the Hire-Purchase Act 1967 [Act 212];

(ii) a disclosed security; or

(iii) a term of the agreement for supply.

(2) Where subparagraphs (1)(c)(ii) and (iii) apply, the supplier

shall first orally advise the consumer as to the way in which his right
to quiet possession of the goods may be varied.

(3) The advice given by the supplier under subsection (2) shall be
as may be sufficient to enable a reasonable consumer to understand
the general nature and effect of the variation.

(4) Where a consumer has received oral advice under

subsection (2)

(a) the supplier shall give to the consumer a written copy of

the security or agreement for supply or a written copy of
the part thereof which provides for the variation as
explained to the consumer under subsection (2); and

(b) the consumer shall acknowledge receipt thereof in writing.

(5) Where the goods are only hired or leased

(a) paragraphs (1)(a) and (b) shall not apply; and

(b) paragraph (1)(c) shall confer a right to quiet possession of

the goods only for the period of the hire or lease.
 Consumer Protection 47

(6) For the purposes of this section

right to sell means a right to dispose of the ownership of the

goods to the consumer at the time when that ownership is to pass;

undisclosed security means any security that is

(a) not disclosed to the consumer in writing before he agrees to

the supply; and

(b) not created by or with his express consent.

Implied guarantee as to acceptable quality

32. (1) Where goods are supplied to a consumer there shall be

implied a guarantee that the goods are of acceptable quality.

(2) For the purposes of subsection (1), goods shall be deemed to

be of acceptable quality

(a) if they are

(i) fit for all the purposes for which goods of the type in
question are commonly supplied;

(ii) acceptable in appearance and finish;

(iii) free from minor defects;

(iv) safe; and

(v) durable; and

(b) a reasonable consumer fully acquainted with the state and

condition of the goods, including any hidden defects,
would regard the goods as acceptable having regard to

(i) the nature of the goods;

48 Laws of Malaysia ACT 599

(ii) the price;

(iii) any statements made about the goods on any

packaging or label on the goods;
(iv) any representation made about the goods by the
supplier or the manufacturer; and

(v) all other relevant circumstances of the supply of the

goods.

(3) Where any defects in the goods have been specifically drawn
to the consumers attention before he agrees to the supply, then, the
goods shall not be deemed to have failed to comply with the implied
guarantee as to acceptable quality by reason only of those defects.

(4) Where goods are displayed for sale or hire, the defects that are
to be treated as having been specifically drawn to the consumers
attention for the purposes of subsection (3) shall be defects disclosed
on a written notice displayed with the goods.

(5) Goods shall not be deemed to have failed to comply with the
implied guarantee as to acceptable quality if

(a) the goods have been used in a manner or to an extent which

is inconsistent with the manner or extent of use that a
reasonable consumer would expect to obtain from the
goods; and

(b) the goods would have complied with the implied guarantee
as to acceptable quality if they had not been used in that
manner or to that extent.

(6) A reference in subsections (3) and (4) to a defect is a

reference to any failure of the goods to comply with the implied
guarantee as to acceptable quality.
 Consumer Protection 49

Implied guarantee as to fitness for particular purpose

33. (1) Subject to subsection (2), the following guarantees shall be

implied where goods are supplied to a consumer:

(a) that the goods are reasonably fit for any particular purpose
that the consumer makes known, expressly or by
implication, to the supplier as the purpose for which the
goods are being acquired by the consumer; and

(b) that the goods are reasonably fit for any particular purpose
for which the supplier represents that they are or will be fit.

(2) The implied guarantees referred to in subsection (1) shall not

apply where the circumstances show that

(a) the consumer does not rely on the suppliers skill or

judgment; or

(b) it is unreasonable for the consumer to rely on the suppliers

skill or judgment.

(3) This section shall apply whether or not the purpose is a

purpose as to which the goods are commonly supplied.

Implied guarantee that goods comply with description

34. (1) Where goods are supplied by description to a consumer,

there shall be implied a guarantee that the goods correspond with
description.

(2) A supply of goods is not prevented from being a supply by

description by reason only that, being exposed for sale or hire, they
are selected by a consumer.

(3) If the goods are supplied by reference to a sample or

demonstration model as well as by description, the implied
guarantees in this section and section 35 shall apply.
50 Laws of Malaysia ACT 599

Implied guarantee that goods comply with sample

35. (1) The following guarantees shall be implied where goods are
supplied to a consumer by reference to a sample or demonstration
model:

(a) that the goods correspond with the sample or

demonstration model in quality; and

(b) that the consumer will have a reasonable opportunity to

compare the goods with the sample or demonstration
model.

(2) If the goods are supplied by reference to a description as well

as by a sample or demonstration model, the implied guarantees in this
section and section 34 shall apply.

Implied guarantee as to price

36. (1) Where goods are supplied to a consumer, there shall be

implied a guarantee that the consumer shall not be liable to pay to the
supplier more than the reasonable price of the goods where the price
for the goods is not

(a) determined by the contract;

(b) left to be determined in a manner agreed by the contract; or

(c) left to be determined by the course of dealing between the

parties.

(2) Where there is a failure to comply with the implied guarantee

under subsection (1), the consumers only right of redress shall be to
refuse to pay more than the reasonable price.

(3) Nothing in Part VI shall be taken to confer on the consumer

any other right of redress.
 Consumer Protection 51

(4) For the purposes of this section, what is a reasonable price

shall be a question of fact depending on the circumstances of each
particular case, and where the price has been fixed under any written
law, the reasonable price shall be as may be specified under that
written law.

Implied guarantee as to repairs and spare parts

37. (1) Where imported or locally manufactured goods are supplied

to a consumer, there shall be implied a guarantee that the
manufacturer and the supplier will take reasonable action to ensure
that facilities for the repair of the goods and the supply of spare parts
for the goods are reasonably available for a reasonable period after
the goods are so supplied.

(2) Subsection (1) shall not apply where reasonable action has
been taken to notify the consumer, at or before the time the imported
or locally manufactured goods are supplied, that the manufacturer or
the supplier or both does not undertake that repair facilities and spare
parts will be available for those goods.

(3) Where reasonable action has been taken to notify the

consumer, at or before the time the goods are supplied, that the
manufacturer or supplier or both does not undertake that repair
facilities and spare parts will be available for those goods after the
expiration of a specified period, subsection (1) shall not apply in
relation to the imported or locally manufactured goods after the
expiration of that period.

Manufacturers express guarantee

38. (1) An express guarantee given by a manufacturer of goods

which are supplied to a consumer shall bind the manufacturer to the
extent specified in subsections (2), (3) and (4).

(2) An express guarantee in respect of goods given by a

manufacturer in a document binds the manufacturer where the
document is given to a consumer with the actual or apparent authority
52 Laws of Malaysia ACT 599

of the manufacturer in connection with the supply by a supplier of

those goods to the consumer.

(3) An express guarantee which is included in a document

relating to the goods and which appears to have been made by the
manufacturer of the goods shall, in the absence of proof to the
contrary, be presumed to have been made by the manufacturer.

(4) Proof that a consumer was given a document containing

express guarantees by a manufacturer in respect of goods in
connection with the supply of those goods to the consumer shall, in
the absence of proof to the contrary, constitute proof that the
document was given to the consumer with the authority of the
manufacturer.

(5) For the purposes of this section, express guarantee, in

relation to any goods, means an undertaking, assertion or
representation in relation to

(a) the quality, performance or characteristics of the goods;

(b) the provision of services that are or may at any time be

required in respect of the goods;

(c) the supply of parts that are or may at any time be required
for the goods;

(d) the future availability of identical goods, or of goods

constituting or forming part of a set of which the goods in
relation to which the undertaking, assertion or
representation is given or made form part of; or

(e) the return of money or other consideration should the

goods not meet any undertaking by the guarantor,

given or made in connection with the supply of the goods or in

connection with the promotion by any means of the supply or use of
the goods.
 Consumer Protection 53

PART VI
RIGHTS AGAINST SUPPLIERS IN RESPECT OF
GUARANTEES IN THE SUPPLY OF GOODS

Consumers right of redress against suppliers

39. This Part gives a consumer a right of redress against a supplier

of goods where the goods fail to comply with any of the implied
guarantees under sections 31 to 37.

Exception in respect of implied guarantee as to acceptable quality

40. Notwithstanding section 39, there shall be no right of redress

against the supplier of goods under this Act in respect of the failure of
the goods to comply with the implied guarantee as to acceptable
quality where

(a) the manufacturer makes a representation in respect of the

goods otherwise than by a statement on any packaging or
label; and

(b) the goods would have complied with the implied guarantee
as to acceptable quality if that representation had not been
made.

Options against suppliers where goods do not comply with

guarantees

41. (1) Where a consumer has a right of redress against the supplier
under this Part in respect of the failure of any goods to comply with a
guarantee under Part V, the consumer may exercise the following
remedies:

(a) where the failure is one that can be remedied, the consumer
may require the supplier to remedy the failure within a
reasonable time in accordance with section 42; and
54 Laws of Malaysia ACT 599

(b) where the failure is one that cannot be remedied or is of a

substantial character within the meaning of section 44, the
consumer may

(i) subject to section 43, reject the goods in accordance

with section 45; or

(ii) obtain from the supplier damages in compensation

for any reduction in the value of the goods below the
price paid or payable by the consumer for the goods.

(2) In addition to the remedies under subsection (1), the consumer

may obtain from the supplier damages for any loss or damage
suffered by the consumer, other than loss or damage through a
reduction in the value of the goods, which is proved to be a result or
consequence of the failure.

(3) Where the supplier refuses or neglects to remedy the failure as

required under paragraph (1)(a), or refuses or neglects to do so within
a reasonable time, the consumer may

(a) have the failure remedied elsewhere and obtain from the
supplier all reasonable costs incurred in having the failure
remedied; or

(b) subject to section 43, reject the goods in accordance with

section 45.

Satisfaction of requirement to remedy a failure

42. (1) A supplier may satisfy a requirement under section 41 to

remedy a failure of any goods to comply with a guarantee by

(a) where the failure does not relate to title, repairing the
goods;

(b) where the failure relates to title, curing any defect in title;

(c) replacing the goods with goods of identical type; or

 Consumer Protection 55

(d) providing a refund of any money paid or other

consideration provided by the consumer in respect of the
goods where the supplier cannot reasonably be expected to
repair or replace the goods or cure any defect in title.

(2) Where a consumer obtains goods to replace defective goods

under paragraph (1)(c), the replacement goods shall, for the purposes
of this Act, be deemed to be supplied by the supplier and the
guarantees and obligations under this Act relating to the supply of
goods to a consumer shall apply to the replacement goods.

(3) A refund under paragraph (1)(d) means a refund in cash of the

money paid or the value of any other consideration provided, or both,
as the case may require.

Loss of right to reject goods

43. (1) The right conferred under this Act to reject goods shall not
apply where

(a) the right is not exercised within a reasonable time;

(b) the goods have been disposed of by the consumer;

(c) the goods have been lost or destroyed while in the

possession of a person other than the supplier;

(d) the goods were damaged after delivery to the consumer for
reasons not related to their state or condition at the time of
supply; or

(e) the goods have been attached to or incorporated in any real

or personal property and the goods cannot be detached or
isolated without damaging them.

(2) For the purposes of paragraph (1)(a), reasonable time

means a period from the time of the supply of the goods within which
it would be reasonable to expect the defect to become apparent
having regard to
56 Laws of Malaysia ACT 599

(a) the type of goods;

(b) the use to which a consumer is likely to put the goods;

(c) the length of time for which it is reasonable for the goods
to be used; and

(d) the amount of use to which it is reasonable for the goods to

be put before the defect becomes apparent.

Failure of substantial character

44. For the purposes of paragraph 41(1)(b), a failure to comply with

a guarantee shall be of a substantial character where

(a) the goods would not have been acquired by a reasonable

consumer fully acquainted with the nature and extent of the
failure;

(b) the goods depart in one or more significant respects from

the description by which they were supplied or, where they
were supplied by reference to a sample or demonstration
model, from the sample or demonstration model;

(c) the goods are

(i) substantially unfit for a purpose for which goods of

the type in question are commonly supplied; or

(ii) where subsection 33(1) applies, unfit for a particular

purpose made known to the supplier or represented
by the supplier to be a purpose for which the goods
would be fit,

and the goods cannot easily and within a reasonable time

be remedied to make them fit for such purpose; or

(d) the goods are not of acceptable quality within the meaning
of section 32 because they are unsafe.
 Consumer Protection 57

Manner of rejecting goods

45. (1) The consumer shall exercise the right conferred under this
Act to reject goods by notifying the supplier of the decision to reject
the goods and of the ground or grounds for the rejection.

(2) Where the consumer exercises the right to reject goods, the
consumer shall return the rejected goods to the supplier unless

(a) because of

(i) the nature of the failure to comply with the

guarantee in respect of which the consumer has the
right to reject the goods; or

(ii) the size or height or method of attachment,

the goods cannot be returned or removed or transported

without significant cost to the consumer, in which case the
supplier shall collect the goods at its own expense;

(b) because of the method of attachment, the goods cannot be

returned or removed without significant damage to the real
or personal property to which they are attached, in which
case the supplier shall compensate the consumer for any
loss or damage resulting from or consequent upon such
removal; or

(c) the goods have already been returned to, or retrieved by,
the supplier.

(3) Where the ownership in the goods has passed to the consumer
before the consumer exercises the right of rejection, the ownership in
the goods re-vests in the supplier upon notification of rejection.

Consumers option of refund or replacement

46. (1) Where the consumer exercises the right to reject goods
conferred under this Act, the consumer may choose to have
58 Laws of Malaysia ACT 599

(a) a refund of any money paid or other consideration provided

by the consumer in respect of the rejected goods; or

(b) goods of the same type and of similar value to replace the
rejected goods where such goods are reasonably available
to the supplier as part of the stock of the supplier,

and the supplier shall make provision accordingly.

(2) A refund referred to in paragraph (1)(a) means a refund in

cash of the money paid or the value of any other consideration
provided, or both, as the case may require.

(3) The obligation to refund cannot be satisfied by permitting the

consumer to acquire other goods from the supplier.

(4) Where a consumer obtains goods to replace rejected goods

under paragraph (1)(b), the replacement goods shall, for the purposes
of this Act, be deemed to be supplied by the supplier, and the
guarantees and obligations under this Act relating to the supply of
goods to a consumer shall apply to the replacement goods.

Assessment of damages in case of hire-purchase agreements

47. The damages that a consumer may recover for a failure of

goods supplied under a hire-purchase agreement to comply with a
guarantee under this Act shall be assessed, in the absence of evidence
to the contrary, on the basis that the consumer will complete the
purchase of the goods or would have completed the purchase if the
goods had complied with the guarantee.

Liability for representation

48. (1) Where goods assigned or procured to be assigned to the

supplier by a person acting in trade (the dealer) are supplied to a
consumer, every representation made to the consumer by the dealer
or by any person acting on the dealers behalf in connection with, or
 Consumer Protection 59

in the course of negotiations leading to, the supply of the goods shall
give the consumer

(a) as against the supplier, subject to section 49, the same

rights as the consumer would have had under this Act if the
representation had been made by the supplier personally;
and

(b) as against the dealer who made the representation and any
person on whose behalf the dealer was acting in making it,
the same rights against any or all of them personally as the
consumer would have had under this Act if that person had
supplied the goods to the consumer as a result of the
negotiations.

(2) Without prejudice to any other rights or remedies to which a

supplier may be entitled, a supplier shall be entitled, where the
representation was made without his express or implied authority, to be
indemnified by the dealer who made the representation and by any
person on whose behalf the dealer was acting in making it, against
any damage suffered by the supplier through the operation of
subsection (1).

Liability of assignees and financiers

49. (1) This section shall apply only in respect of hire-purchase

agreements.

(2) The liability under this Act of an assignee of the rights of a

supplier under a contract of supply shall not exceed the amount
owing by the consumer under the contract at the date of the
assignment.

(3) The liability under this Act of a financier who has lent money
on the security of goods supplied to a consumer shall not exceed the
amount owing by the consumer at the date of the loan.

(4) Where the assignee referred to in subsection (2) or the

financier referred to in subsection (3) suffers any losses because of a
60 Laws of Malaysia ACT 599

liability to the consumer under this Act, the assignee or financier

shall, subject to any agreement with the supplier, be entitled to be
indemnified by the supplier against those losses.

(5) No assignment of the rights under a contract of supply shall

affect the exercise of any right or remedy given under this Act against
the supplier.

PART VII
RIGHTS AGAINSTMANUFACTURERS INRESPECTOF
GUARANTEES INTHESUPPLY OF GOODS

Consumers right of redress against manufacturers

50. This Part gives a consumer a right of redress against a

manufacturer of goods where

(a) the goods fail to comply with the implied guarantee as to

acceptable quality under section 32;

(b) the goods fail to comply with the implied guarantee as to

correspondence with description under section 34 due to
the failure of the goods to correspond with a material
description applied to the goods by or on behalf of the
manufacturer or with the express or implied consent of the
manufacturer;

(c) the goods fail to comply with the implied guarantee as to

repairs and spare parts under section 37;

(d) the goods fail, during the currency of the guarantee, to

comply with any express guarantee given by the
manufacturer that is binding on the manufacturer in
accordance with section 38.
 Consumer Protection 61

Exceptions to right of redress against manufacturers

51. Notwithstanding section 50, there shall be no right of redress

against the manufacturer under this Act in respect of goods which fail
to comply with the implied guarantee under section 32 or 34 where
the failure is due to

(a) an act, default or omission of, or any representation made

by, a person other than the manufacturer; or

(b) a cause independent of human control, occurring after the

goods have left the control of the manufacturer.

Options against manufacturers where goods do not comply with

guarantees

52. (1) Where a consumer has a right of redress against the

manufacturer under this Part in respect of the failure of any goods to
comply with a guarantee under Part V, the consumer may obtain
damages from the manufacturer

(a) for the reduction in the value of the goods resulting from
the manufacturers failure, namely

(i) the reduction below the price paid or payable by the

consumer for the goods; or

(ii) the reduction below the average retail price of the

goods at the time of supply,

whichever price is lower;

(b) for any loss or damage to the consumer resulting from the
manufacturers failure, other than loss or damage through a
reduction in the value of the goods, which is proved to be a
result or consequence of the failure.
62 Laws of Malaysia ACT 599

(2) Where the consumer is entitled by an express guarantee given

by the manufacturer to require the manufacturer to remedy the failure
by

(a) repairing the goods; or

(b) replacing the goods with goods of identical type,

no action shall be commenced under paragraph (1)(a) unless the

consumer has required the manufacturer to remedy the failure and the
manufacturer has refused or neglected to remedy, or has not
succeeded in remedying, the failure within a reasonable time.

PART VIII
GUARANTEES INRESPECTOF SUPPLY OF SERVICES

Implied guarantee as to reasonable care and skill

53. Where services are supplied to a consumer, there shall be

implied a guarantee that the services will be carried out with
reasonable care and skill and that any material supplied in connection
with such services will be fit for the purpose for which it is supplied.

Implied guarantee as to fitness for particular purpose

54. (1) Where services are supplied to a consumer, there shall be

implied a guarantee that the services, and any product resulting from
the services, will be

(a) reasonably fit for any particular purpose; and

(b) of such nature and quality that it can reasonably be

expected to achieve any particular result,

that the consumer makes known to the supplier, before or at the time
of the making of the contract for the supply of the services, as the
particular purpose for which the services are required or the result
that the consumer desires to achieve.
 Consumer Protection 63

(2) The implied guarantees referred to in subsection (1) shall not

apply where the circumstances show that

(a) the consumer does not rely on the suppliers skill or

judgment; or

(b) it is unreasonable for the consumer to rely on the suppliers

skill or judgment.

Implied guarantee as to time of completion

55. Where services are supplied to a consumer, there shall be

implied a guarantee that the services will be completed within a
reasonable time where the time for the services to be carried out is
not

(a) determined by the contract;

(b) left to be determined in a manner agreed by the contract; or

(c) left to be determined by the course of dealing between the

parties.

Implied guarantee as to price

56. (1) Where services are supplied to a consumer, there shall be

implied a guarantee that the consumer shall not be liable to pay to the
supplier more than the reasonable price for the services where the
price for the services is not

(a) determined by the contract;

(b) left to be determined in a manner agreed by the contract; or

(c) left to be determined by the course of dealing between the

parties.
64 Laws of Malaysia ACT 599

(2) Where there is a failure to comply with the implied guarantee

under subsection (1), the consumers only right of redress shall be to
refuse to pay more than the reasonable price.

(3) Nothing in Part IX shall be taken to confer on the consumer

any other right of redress.

(4) For the purposes of this section, what is a reasonable price

shall be a question of fact depending on the circumstances of each
particular case, and where the price has been fixed under any written
law, the reasonable price shall be as may be specified under that
written law.

PART IX
RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES
IN THE SUPPLY OF SERVICES

Consumers right of redress against suppliers

57. This Part gives a consumer a right of redress against a supplier

of services where the services or product resulting from the services
fail to comply with any of the implied guarantees under sections 53 to
55.

Exceptions to right of redress against supplier in relation to

services

58. Notwithstanding section 57, there shall be no right of redress

against the supplier under this Act in respect of the failure of the
services or any product resulting from the services to comply with the
implied guarantee under section 54 or 55 where the failure is due
to

(a) an act, default or omission of, or any representation made

by, a person other than the supplier; or

(b) a cause independent of human control.

 Consumer Protection 65

Contracts of work and materials

59. Nothing in section 57 shall limit or affect the rights of a

consumer under Part VIor VIIwhere the contract is one involving
work and materials.

Options against suppliers where services do not comply with

guarantees

60. (1) Where a consumer has a right of redress against the supplier
under this Part in respect of the failure of any services or any product
resulting from the services to comply with a guarantee under
Part VIII, the consumer may exercise the following remedies:

(a) where the failure is one that can be remedied, the consumer
may require the supplier to remedy the failure within a
reasonable time;

(b) where the failure is one that cannot be remedied or is of a

substantial character within the meaning of section 62, the
consumer may

(i) subject to section 61, cancel the contract for the

supply of the services in accordance with section 63;
or

(ii) obtain from the supplier damages in compensation

for any reduction in the value of the product
resulting from the services below the charge paid or
payable by the consumer for the services.

(2) In addition to the remedies under subsection (1), the consumer

may obtain from the supplier damages for any loss or damage
suffered by the consumer, other than loss or damage through a
reduction in the value of the product resulting from the services,
which is proved to be a result or consequence of the failure.
66 Laws of Malaysia ACT 599

(3) Where the supplier refuses or neglects to remedy the failure as

required under paragraph (1)(a), or refuses or neglects to do so within
a reasonable time, the consumer may

(a) have the failure remedied elsewhere and obtain from the
supplier all reasonable costs incurred in having the failure
remedied; or

(b) subject to section 61, cancel the contract for the supply of
the services in accordance with section 63.

Loss of right to cancel contract

61. The right conferred under this Act to cancel a contract shall not
apply where

(a) the services supplied under the contract is merely

incidental to the supply of the goods; and

(b) the consumer has or had the right to reject the goods under
section 41, whether or not he exercises that right.

Failure of substantial character

62. For the purposes of paragraph 60(1)(b), a failure to comply with

a guarantee shall be of a substantial character where

(a) the product resulting from the services

(i) is substantially unfit for a purpose for which services

of the type in question are commonly supplied; or

(ii) where subsection 54(1) applies

(A) is unfit for a particular purpose made known

to the supplier; or
 Consumer Protection 67

(B) of such a nature and quality that the product

cannot be expected to achieve a particular
result made known to the supplier,

and the product cannot easily and within a reasonable time

be remedied to make it fit for the particular purpose or to
achieve the particular result; or

(b) the product resulting from the services is unsafe.

Rules applying to cancellation of contract

63. (1) A cancellation of a contract for the supply of services shall

not take effect

(a) before the time at which the cancellation is communicated

to the supplier; or

(b) where it is not reasonably practicable to communicate with

the supplier, before the time at which the consumer
indicates to the supplier, by means which are reasonable in
the circumstances, his intention to cancel the contract.

(2) Subject to subsection (3), a cancellation of the contract may

be communicated by words or conduct or both which indicate the
intention of the consumer to cancel the contract, and it shall not be
necessary to use any particular form of words, as long as the intention
to cancel is clear.

(3) Where it is reasonably practicable to communicate with the

supplier, subsection (2) shall take effect subject to any express
provision in the contract requiring notice of cancellation to be in
writing.
68 Laws of Malaysia ACT 599

Effect of cancellation of contract

64. (1) Where the consumer exercises the right conferred under this
Act to cancel a contract for the supply of services

(a) the consumer shall be entitled to obtain from the supplier a

refund of any money paid or other consideration provided
in respect of the services unless a court or the Tribunal, as
the case may be, orders that the supplier may retain the
whole or any part of the money paid or other consideration
provided by the consumer;

(b) in so far as the contract has been performed at the time of

the cancellation, no party shall by reason of the
cancellation be divested of any property transferred or
money paid under the contract, except as provided under
paragraph (a); and

(c) in so far as the contract remains unperformed at the time of

the cancellation, no party shall be obliged or entitled to
perform it further.

(2) Nothing in subsection (1) shall affect

(a) the right of a party to recover damages in respect of a

misrepresentation or the repudiation or breach of the
contract by another party;

(b) the right of the consumer to obtain damages under

subparagraph 60(1)(b)(ii) or subsection 60(2) for failure to
comply with a guarantee; or

(c) the right of the consumer under this Act to reject goods
supplied in connection with the services.

Power of court to grant ancillary relief

65. (1) Where the consumer cancels a contract for the supply of
services under this Act, a court, in any proceedings or on an
 Consumer Protection 69

application made for the purpose, may make any order or orders
granting relief under this section as it thinks just and practicable to do
so.

(2) An application for an order under this section may be made

by

(a) the consumer;

(b) the supplier; or

(c) any other person who has suffered loss.

(3) An order under this section may

(a) vest in any party to the proceedings the whole or any part
of any real or personal property that was the subject of the
contract or was the whole or part of the consideration for it;

(b) direct any party to the proceedings to transfer or assign to

any other such party or to give him the possession of the
whole or any part of any real or personal property that was
the subject of the contract or was the whole or part of the
consideration for it;

(c) without prejudice to any right to recover damages, direct

any party to the proceedings to pay to any other such party
such sum as the court thinks just; or

(d) permit a supplier to retain the whole or any part of any

money paid or other consideration provided in respect of
the services under the contract.

(4) An order under subsection (1) or any provision of it, may be

made on and subject to such terms and conditions as the court thinks
fit, not being a term or condition that would have the effect of
preventing a claim for damages by any party.
70 Laws of Malaysia ACT 599

(5) In considering whether to make an order under this section,

and in considering the terms and conditions it proposes to impose, the
court shall have regard to the following:

(a) any benefit or advantage obtained by the consumer by

reason of anything done by the supplier in or for the
purpose of supplying the services;

(b) the value, in the opinion of the court, of any work or

services performed by the supplier in or for the purpose of
supplying the services;
(c) any expenditure incurred by the consumer or the supplier
in or for the purpose of the performance of the services;

(d) the extent to which the supplier or the consumer was or

would have been able to perform the contract in whole or
in part; and

(e) such other matters as the court thinks fit.

(6) No order under paragraph (3)(a) shall be made if it would have

the effect of depriving a person, not being a party to the contract, of the
possession of, or any estate or interest in, any property acquired by him
in good faith and for valuable consideration.

(7) No order shall be made under this section in respect of any

property if any party to the contract has so altered his position in
relation to the property, whether before or after the cancellation of the
contract, that having regard to all the relevant circumstances, it
would, in the opinion of the court, be inequitable to any party to
make such an order.

PART X
PRODUCT LIABILITY

Interpretation

66. (1) In this Part, unless the context otherwise requires

 Consumer Protection 71

agricultural produce means any produce of the soil, of stock

farming or of fisheries;

damage means death or personal injury, or any loss of or damage

to any property, including land, as the case may require;

dependant has the same meaning as in the Civil Law Act 1956
[Act 67];

producer, in relation to a product, means

(a) the person who manufactured it;

(b) in the case of a substance which is not manufactured but is

won or abstracted, the person who won or abstracted it;

(c) in the case of a product which is not manufactured, won or

abstracted but the essential characteristics of which are
attributable to an industrial or other process having been
carried out, the person who carried out that process;.

product means any goods and, subject to subsection (2), includes

a product which is comprised in another product, whether by virtue of
being a component part, raw material or otherwise.

(2) For the purposes of this Part, a person who supplies any
product in which other products are comprised therein, whether by
virtue of being a component part, raw material or otherwise, shall not
be treated by reason only of his supply of that product as supplying
any of the products so comprised therein.

Meaning of defect

67. (1) Subject to subsections (2) and (3), there is a defect in a

product for the purposes of this Part if the safety of the product is not
such as a person is generally entitled to expect.
72 Laws of Malaysia ACT 599

(2) In determining what a person is generally entitled to expect in

relation to a product, all relevant circumstances shall be taken into
account including

(a) the manner in which, and the purposes for which, the
product has been marketed;

(b) the get-up of the product;

(c) the use of any mark in relation to the product;

(d) instructions for or warnings with respect to doing or

refraining from doing anything with or in relation to the
product;

(e) what may reasonably be expected to be done with, or in

relation to, the product; and

(f) the time when the product was supplied by its producer to
another person.

(3) Nothing in this section shall require a defect to be inferred

from the mere fact that the safety of a product which is subsequently
supplied is greater than the safety of the product in question.

(4) For the purposes of this section, safety, in relation to a

product, shall include

(a) safety with respect to products comprised therein;

(b) safety in the context of risk of damage to property; and

(c) safety in the context of risk of death or personal injury.

Liability for defective products

68. (1) Where any damage is caused wholly or partly by a defect in

a product, the following persons shall be liable for the damage:
 Consumer Protection 73

(a) the producer of the product;

(b) the person who, by putting his name on the product or

using a trade mark or other distinguishing mark in relation
to the product, has held himself out to be the producer of
the product; and

(c) the person who has, in the course of his business, imported
the product into Malaysia in order to supply it to another
person.

(2) Where damage is caused wholly or partly by a defect in a

product, the person who suffered the damage may within a reasonable
period after the damage occurs request the supplier to identify any or
all of the persons referred to in subsection (1), whether or not he is or
they are still in existence.

(3) For the purpose of subsection (2), it is immaterial whether the

supplier supplied the defective product to

(a) the person who suffered the damage;

(b) the producer of a product in which the defective product is

comprised therein; or

(c) any other person.

(4) Where the supplier fails to comply with a request under

subsection (2) within a reasonable time having regard to all the
circumstances, the supplier shall be held liable for the loss or damage.

(5) This section shall not apply to a person in respect of any

defect in agricultural produce if the only supply of the agricultural
produce by the person to another person was at a time when the
agricultural produce has not undergone any industrial process.

(6) Where two or more persons are liable under this Part for the
same damage, their liability shall be joint and several.
74 Laws of Malaysia ACT 599

(7) This section shall be without prejudice to any liability arising

otherwise than under this Part.

(8) The Minister may, by order published in the Gazette, declare

that no proceeding shall be brought before the Tribunal or any court
in respect of any defect in any goods after the expiry of such period
calculated from the date of manufacture of such goods or class or
both of such goods as may be specified in the order; and upon the
making of such declaration, no proceeding shall be brought in respect
of such defect before the Tribunal or any court.

Extent of liability for loss or damage

69. (1) Where any damage is caused wholly or partly by a defect in

a product, the liability of the person liable for the damage under
section 68 shall not include the loss of or damage to

(a) the defective product;

(b) the whole or any part of the product which comprises the
defective product; or

(c) any property which at the time it is lost or damaged is

not

(i) of a description of property ordinarily intended for

private use, occupation or consumption; and

(ii) intended by the person suffering the loss or damage

mainly for his own private use, occupation or
consumption.

(2) For the purposes of paragraph (1)(c), loss or damage to

property shall be deemed to have occurred at the earliest time at
which a person with an interest in the property has knowledge of the
material facts about the loss or damage.

(3) For the purposes of subsection (2)

 Consumer Protection 75

(a) the material facts about any loss of or damage to any

property are such facts about the loss or damage as would
lead a reasonable person with an interest in the property to
consider the loss or damage sufficiently serious to justify
his instituting proceedings for damages against a defendant
who does not dispute liability and is able to satisfy a
judgment against him;

(b) a persons knowledge includes knowledge which he may

reasonably be expected to acquire

(i) from facts observable or ascertainable by him; or

(ii) from facts ascertainable by him with the help of

appropriate expert advice which it is reasonable for
him to seek:

Provided that a person shall not be deemed to have

knowledge of a fact ascertainable by him only with the
help of expert advice unless he has failed to take all
reasonable steps to obtain and where appropriate, to act on
that advice.

Application of other written law

70. (1) For the purposes of a claim under the Civil Law Act 1956,
any damage for which a person is liable under section 68 shall be
deemed to have been caused by the persons wrongful act, neglect or
default.

(2) Where the person who suffered the damage caused wholly or
partly by a defect in a product dies after suffering the damage, the
request to the supplier under subsection 68(3) may, for the purposes
of a claim under the Civil Law Act 1956, be made by the personal
representative or dependant, as the case may be, of the deceased
person.

(3) Where any damage is caused partly by a defect in a product

and partly by the fault of the person who suffered the damage, the
76 Laws of Malaysia ACT 599

Civil Law Act 1956 shall have effect as if the defect were the fault of
every person liable under this Part for the damage caused by the
defect.

(4) For the purposes of any written law conferring jurisdiction on

any court with respect to any matter, liability for damage under this
Part shall be treated as liability in tort.

(5) For the purposes of subsection (3), fault has the same
meaning as in the Civil Law Act 1956.

Prohibition on exclusion from liability

71. The liability of a person under this Part to a person who has
suffered damage caused wholly or partly by a defect in a product, or
to a dependant of such a person, shall not be limited or excluded by
any contract term, notice or other provision.

Defences

72. (1) In any civil proceeding under this Part against any person
in respect of a defect in a product, it shall be a defence for that person
to show

(a) that the defect is attributable to compliance with any

requirement imposed under any written law;

(b) that he did not at any time supply the defective product to
another person;

(c) that the defect did not exist in the product at the relevant
time;

(d) 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
 Consumer Protection 77

(e) 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) where section 68 applies, the time when the

producer 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. The Minister may establish the National Consumer Advisory

Council to advise him on the following matters:

(a) in respect of consumer issues and the operation of this Act;

78 Laws of Malaysia ACT 599

(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) not more than sixteen other persons to represent the

interests 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
 Consumer Protection 79

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.

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;
80 Laws of Malaysia ACT 599

(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.

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.
 Consumer Protection 81

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.

Regulations relating to the Council

84. The Minister may make such regulations as he thinks necessary

or expedient in respect of this Part.
82 Laws of Malaysia ACT 599

PART XIA
COMMITTEE ON ADVERTISEMENT

Committee on Advertisement

84A. The Minister may establish a committee to be known as the

Committee on Advertisement which shall have the following
functions:

(a) to advise the Minister on any aspect related to

advertisement, including advertisement in contravention of
Part IIof this Act;

(b) to examine complaints related to advertisements;

(c) to issue or publicize information concerning the nature and

characteristics of goods or services which may be
prejudicial to the rights or may cause damage to the
consumers; and

(d) to do any other thing as it deems fit to enable it to perform

its functions effectively or which is incidental to the
performance of its functions.

Membership of Committee on Advertisement

84B. (1) The Committee on Advertisement shall consist of the

following members:

(a) the Secretary General of the Ministry responsible for

consumer affairs or his representative; and

(b) not less than seven and not more than thirteen other
persons to represent the interests of consumers, and any
other person, as the Minister deems fit.

(2) The members referred to in paragraph (1)(b)

 Consumer Protection 83

(a) shall be appointed by the Minister for a term not exceeding

three years; and

(b) shall be eligible for reappointment upon the expiry of his

term of office.

(3) The Minister shall appoint from among the members of the
Committee of Advertisement a Chairman and a Deputy Chairman.

Provisions of Schedule to apply to Committee on Advertisement

84C. (1) The provisions of the Schedule shall apply to the members
of the Committee on Advertisement.

(2) The Minister may, by order published in the Gazette, amend

the provisions of the Schedule.

Regulations relating to the Committee on Advertisement

84D. The Minister may make such regulations as he thinks necessary

or expedient to give full effect to the provisions of this Part.

PART XII
THE TRIBUNAL FOR CONSUMER CLAIMS

Establishment of the Tribunal for Consumer Claims

85. There shall be established a tribunal to be known as the

Tribunal for Consumer Claims.

Membership of Tribunal

86. (1) The Tribunal shall consist of the following members who
shall be appointed by the Minister:
84 Laws of Malaysia ACT 599

(a) a Chairman and a Deputy Chairman from among members

of the Judicial and Legal Service; and

(b) not less than five members

(i) being persons who are members of the Judicial and

Legal Service or who are qualified persons within
the meaning of the Legal Profession Act 1976
[Act 166], Advocates Ordinance Sabah [Sabah
Cap. 2] or Advocates Ordinance Sarawak [Sarawak
Cap. 110], as the case may require;

(ii) persons not falling within subparagraph (i) but are

holding or have held the posts specified in the
Fourth Schedule to the Subordinate Courts Act 1948
[Act 92]; or

(iii) any combination of members from subparagraph (i)

or (ii).

(2) The members referred to in paragraph (1)(b)

(a) shall hold office for a term not exceeding three years; and

(b) shall be eligible for reappointment upon expiry of his term

of office but shall not be appointed for more than three
consecutive terms.

Temporary exercise of functions of Chairman

87. 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.

Vacation of office

88. The office of a member of the Tribunal shall become vacant

 Consumer Protection 85

(a) upon the death of the member;

(b) upon the member resigning from such office by giving

three months written notice to the Minister; or

(c) upon expiration of his term of office.

Revocation of appointment

89. The Minister may revoke the appointment of a member of the

Tribunal appointed under paragraph 86(1)(b)

(a) if his conduct, whether in connection with his duties as a

member of the Tribunal or otherwise, has been such as to
bring discredit to the Tribunal;

(b) if he has become incapable of properly carrying out his

duties as a member of the Tribunal;

(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 sittings of the

Tribunal without leave of the Chairman.
86 Laws of Malaysia ACT 599

Resignation

90. A member of the Tribunal appointed under paragraph 86(1)(b)

may at any time resign his office by giving three months written
notice to the Minister.

Filling of vacancy

91. Where a member ceases to be a member of the Tribunal, the

Minister may appoint another person to fill the vacancy for the
remainder of the term for which the vacating member was appointed.

Remuneration

92. (1) The members of the Tribunal appointed under paragraph

86(1)(a) shall be paid such fixed allowances and other allowances as
the Minister may determine.

(2) The members of the Tribunal appointed under paragraph

86(1)(b) shall be paid

(a) a daily sitting allowance during the sitting of the Tribunal;

and

(b) a lodging, travelling and subsistence allowance,

as the Minister may determine.

(3) The remuneration provided under subsections (1) and (2) shall
be charged on the Consolidated Fund.

Secretary to Tribunal and other officers

93. (1) There shall be appointed a Secretary to the Tribunal and

such number of officers as may be necessary for carrying out the
functions of the Tribunal.
 Consumer Protection 87

(2) The Chairman shall have general control of the officers of the
Tribunal.

(3) For the purposes of this Act, the Secretary to the Tribunal shall
be deemed to be an officer of the Tribunal.

Public servant

94. All members and officers of the Tribunal while discharging their
duties as such members and officers, shall be deemed to be public
servants within the meaning of the Penal Code.

No action to lie against Tribunal

95. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Tribunal or against any member or officer of the Tribunal in respect
of any act, neglect or default done or committed by him in such
capacity.

Sittings of Tribunal

96. (1) The jurisdiction of the Tribunal shall be exercised by any of

the following persons sitting alone:

(a) the Chairman of the Tribunal;

(b) the Deputy Chairman of the Tribunal; or

(c) any member of the Tribunal selected by the Chairman.

(2) The Tribunal may sit in two or more sittings on such day and
at such time and place as the Chairman may determine.

(3) If the person presiding over any proceedings in respect of a

claim dies or becomes incapacitated, or is for any other reason unable
to complete the hearing or dispose of the proceedings, the
88 Laws of Malaysia ACT 599

proceedings shall be heard afresh by another member of the Tribunal,

unless the parties agree that the proceedings be continued by another
member of the Tribunal.

(4) Where the term of appointment of any member of the Tribunal

under this section expires during the pendency of any proceedings in
respect of a claim, the term of his appointment shall be deemed to be
extended until the final disposal of the claim.

Commencement of proceedings

97. A consumer may lodge with the Tribunal a claim in the

prescribed form together with the prescribed fee claiming for any loss
suffered on any matter concerning his interests as a consumer under
this Act.

Jurisdiction of Tribunal

98. (1) Subject to sections 99 and 100, the Tribunal shall have
jurisdiction to hear consumer claims within the ambit of this Act
including claims in respect of all goods and services for which no
redress mechanism is provided for under any other law and where the
total amount in respect of which an award of the Tribunal is sought
does not exceed *twenty-five thousand ringgit.

(2) Subject to subsection (1), a respondent to a claim may raise a

debt or liquidated demand as

(a) a defence; or

(b) a counter-claim.

(3) Where a respondent raises a debt or liquidated claim in the

manner set out in subsection (2) the Tribunal shall

*
NOTEPreviously ten thousand ringgitsee Consumer Protection (Amendment) Act 2003 [Act
A1199].
 Consumer Protection 89

(a) give effect to the defence; or

(b) hear and determine the counter-claim notwithstanding that

the original claim is withdrawn, abandoned or struck out.

(4) Any claim lodged with the Tribunal may include loss or
damage of a consequential nature.

Limitation of jurisdiction

99. (1) Except as expressly provided under this Act, the Tribunal
shall have no jurisdiction in respect of any claim

(a) for the recovery of land, or any estate or interest in land;

(b) in which the title to any land, or any estate or interest in

land, or any franchise, is in question;

(c) in which there is a dispute concerning

(i) the entitlement of any person under a will or

settlement, or on any intestacy (including a partial
intestacy);

(ii) good will;

(iii) any chose in action; or

(iv) any trade secret or other intellectual property;

(ca) which may be lodged by a consumer relating to aviation

service as defined in the Malaysian Aviation Commission
Act 2015 [Act 771];

(d) where any tribunal has been established by any other

written law to hear and determine claims on the matter
which is the subject matter of such claim.
90 Laws of Malaysia ACT 599

(2) The jurisdiction of the Tribunal shall be limited to a claim that

is based on a cause of action which accrues within three years of the
claim.

(3) Nothing in this section shall be deemed to authorize the

Tribunal to deal with a claim arising from personal injury or death.

(4) For the purposes of subsection (1), land does not include
fixtures.

Extension of jurisdiction by agreement

100. (1) Notwithstanding that the amount or value of the subject-

matter claimed or in issue exceeds *twenty-five thousand ringgit, the
Tribunal shall have jurisdiction to hear and determine the claim if the
parties have entered into an agreement in writing that the Tribunal
shall have jurisdiction to hear and determine the claim.

(2) An agreement may be made under subsection (1)

(a) before a claim is lodged under section 97; or

(b) where a claim has been lodged under section 97, at any
time before the Tribunal has recorded an agreed settlement
in respect of the claim under subsection 107(3) or has
determined the claim under section 112, as the case may
require.

Abandonment to bring claim within jurisdiction

101. (1) A claimant may abandon so much of a claim as exceeds

twenty-five thousand ringgit in order to bring the claim within the

jurisdiction of the Tribunal.

*
NOTEPreviously ten thousand ringgitsee the Consumer Protection (Amendment) Act 2003 [Act
A1199].

NOTEPreviously ten thousand ringgitsee the Consumer Protection (Amendment) Act 2003 [Act
A1199].
 Consumer Protection 91

(2) Where a part of a claim has been abandoned under

subsection (1), the Tribunals record of an agreed settlement under
subsection 107(3) or the Tribunals award under section 112, as the
case may require, in relation to the claim shall operate to discharge
the person

(a) who is a party to that agreed settlement; or

(b) against whom the claim and the subsequent award are
made,

from liability in respect of the amount so abandoned.

Cause of action not to be split

102. Claims may not be split, nor more than one claim brought, in
respect of the same matter against the same party for the purpose of
bringing it within the jurisdiction of the Tribunal.

103. (Deleted by Act A1381).

Exclusion of jurisdiction of court

104. (1) Where a claim is lodged with the Tribunal and the claim is
within the Tribunals jurisdiction, the issues in dispute in that claim,
whether as shown in the initial claim or as emerging in the course of
the hearing, shall not be the subject of proceedings between the same
parties in any court unless

(a) the proceedings before the court were commenced before

the claim was lodged with the Tribunal; or

(b) the claim before the Tribunal is withdrawn, abandoned or

struck out.

(2) Where paragraph (1)(a) applies, the issues in dispute in the

claim to which those proceedings relate, whether as shown in the
92 Laws of Malaysia ACT 599

initial claim or emerging in the course of the hearing, shall not be the
subject of proceedings between the same parties before the Tribunal
unless the claim before the court is withdrawn, abandoned or struck
out.

Disposal of perishable goods

105. Where the subject-matter of the claim is goods of perishable

nature and storage of such goods pending final disposal of the claim
involves unreasonable expense and inconvenience, the Tribunal may,
on the application of a party to the proceedings, at any time order
that

(a) the goods be sold; and

(b) the proceeds of the sale be held to abide by the award of

the Tribunal under section 112.

Notice of claim and hearing

106. Upon a claim being lodged under section 97, the Secretary to
the Tribunal shall give notice of the details of the day, time and place
of hearing in the prescribed form to the claimant and the respondent.

Negotiation for settlement

107. (1) The Tribunal shall, as regards every claim within its
jurisdiction, assess whether, in all the circumstances, it is appropriate
for the Tribunal to assist the parties to negotiate an agreed settlement
in relation to the claim.

(2) Without limiting the generality of subsection (1), in making

an assessment the Tribunal shall have regard to any factors that, in
the opinion of the Tribunal, are likely to impair the ability of either or
both of the parties to negotiate an agreed settlement.
 Consumer Protection 93

(3) Where the parties reach an agreed settlement, the Tribunal

shall approve and record the settlement and the settlement shall then
take effect as if it is an award of the Tribunal.

(4) Where

(a) it appears to the Tribunal that it would not be appropriate

for it to assist the parties to negotiate an agreed settlement
in relation to the claim; or

(b) the parties are unable to reach an agreed settlement in

relation to the claim,

the Tribunal shall proceed to determine the dispute.

Right to appear at hearings

108. (1) At the hearing of a claim every party shall be entitled to

attend and be heard.

(2) No party shall be represented by an advocate and solicitor at a

hearing.

(3) Subject to subsection (2) but notwithstanding section 37 of

the Legal Profession Act 1976

(a) a corporation or an unincorporated body of persons may be

represented by its full time paid employee;

(b) a minor or any other person under a disability may be

represented by his next friend or guardian ad litem.

(4) Where a party is represented as provided under subsection (3),

the Tribunal may impose such conditions as it considers necessary to
ensure that the other party to the proceedings is not substantially
disadvantaged.
94 Laws of Malaysia ACT 599

Proceedings to be public

109. All proceedings before the Tribunal shall be open to the public.

Procedure to be reduced into writing

109A. (1) Subject to the other provisions of this Act, the proceedings
of the Tribunal shall be conducted in accordance with such procedure
as may be determined by the Tribunal and published under
subsection (2).

(2) The Chairman shall cause the procedure determined under

subsection (1) to be reduced into writing and published in the Gazette
or in such other manner as the Chairman deems fit.

Evidence

110. (1) The Tribunal may

(a) procure and receive evidence on oath or affirmation,

whether written or oral, and examine all such persons as
witnesses, as the Tribunal thinks necessary to procure,
receive or examine;

(b) require the production before it of books, papers,

documents, records and things;

(c) administer the oath, affirmation or statutory declaration, as

the case may require;

(d) seek and receive such other evidence and make such other
inquiries as it thinks fit;

(e) summon the parties to the proceedings or any other person

to attend before it to give evidence or to produce any
document, records or other thing in his possession or
otherwise to assist the Tribunal in its deliberations;
 Consumer Protection 95

(f) receive expert evidence; and

(g) generally direct and do all such things as may be necessary

or expedient for the expeditious determination of the claim.

(2) A summons issued under this section shall be served and

enforced as if it were a summons issued by a subordinate court.

Tribunal may act in absence of party

111. The Tribunal may hear and determine the claim before it
notwithstanding the absence of any party to the proceedings if it is
proved to the satisfaction of the Tribunal that a notice of the hearing
has been duly served on the absent party

Award Tribunal

112. (1) The Tribunal shall make its award without delay and, where
practicable, within sixty days from the first day the hearing before the
Tribunal commences.

(2) An award of the Tribunal under subsection (1) may require

one or more of the following:

(a) that a party to the proceedings pay money to any other

party;

(b) that goods be supplied or resupplied in accordance with

this Act or the contract to which the consumer is a party;

(c) that goods supplied or resupplied to the consumer be

replaced or repaired;

(d) that the price or other consideration paid or supplied by the

consumer or any other person be refunded to the consumer
or that person;

(e) that a party comply with the guarantee;

96 Laws of Malaysia ACT 599

(f) that money be awarded to compensate for any loss or

damage suffered by the claimant;

(g) that the contract be varied or set aside, wholly or in part;

(h) that costs to or against any party be paid;

(i) that interest be paid on any sum or monetary award at a

rate not exceeding eight per centum per annum, unless it
has been otherwise agreed between the parties;

(j) that the claim is dismissed.

(3) Nothing in paragraph (1)(f) shall be deemed to empower the

Tribunal to award any damages for any non-pecuniary loss or
damage.

Reference to a Judge of the High Court on a question of law

113. (1) Before the Tribunal makes an award under section 112, it
may, in its discretion, refer to a Judge of the High Court a question of
law

(a) which arose in the course of the proceedings;

(b) which, in the opinion of the Tribunal, is of sufficient

importance to merit such reference; and

(c) the determination of which by the Tribunal raises, in the

opinion of the Tribunal, sufficient doubt to merit such
reference.

(2) If the Tribunal refers any question of law under subsection (1)
for the decision of a Judge of the High Court, it shall make its award
in conformity with such decision.

(3) A Federal Counsel authorized by the Attorney General for the

purpose may appear on behalf of the Tribunal in any proceedings
before a Judge of the High Court under this section.
 Consumer Protection 97

Reasons for decision

114. The Tribunal shall in all proceedings give its reasons for its
award in the proceedings.

Orders and settlements to be recorded in writing

115. The Tribunal shall make or cause to be made a written record

of the terms of

(a) every agreed settlement reached by the parties under

subsection 107(3); and

(b) every award made by it under section 112.

Decisions of Tribunal to be final

116. (1) Every agreed settlement recorded by the Tribunal under

subsection 107(3) and every award made by the Tribunal under
section 112

(a) shall be final and binding on all parties to the proceedings;

and

(b) shall be deemed to be an order of a Magistrates Court and

be enforced accordingly by any party to the proceedings.

(2) For the purpose of paragraph (1)(b), the Secretary to the

Tribunal shall send a copy of the award made by the Tribunal to the
Magistrates court having jurisdiction in the place to which the award
relates or in the place where the award was made and the Court shall
cause the copy to be recorded.

Criminal penalty for failure to comply

117. (1) Any person who after fourteen days fails to comply with an
award made by the Tribunal commits an offence and shall on
98 Laws of Malaysia ACT 599

conviction be liable to a fine not exceeding five thousand ringgit or to

imprisonment for a term not exceeding two 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.

Procedure where no provision is made

118. Subject to this Act and to any regulations, the Tribunal shall
adopt such procedure as it thinks fit and proper.

Want of form

119. No proceedings of the Tribunal or award or other document of

the Tribunal shall be set aside or quashed for want of form.

Disposal of documents, etc.

120. (1) The Tribunal may, at the conclusion of the proceedings

before it, order that any document, record, material or other property
produced during the proceedings be delivered to the rightful owner or
be disposed of in such manner as it thinks fit.

(2) Where no person has taken delivery of the document, record,

material or other property referred to in subsection (1) after a period
of six months, the ownership in the document, record, material or
other property shall be deemed to have passed to and become vested
in the Government.

Act or omission done in good faith

121. No action or suit shall be instituted or maintained in any court

against
 Consumer Protection 99

(a) the Tribunal;

(b) a member of the Tribunal;

(c) a person authorized to act for or on behalf of the Tribunal,

for any act or omission done in good faith in the performance of its or
his functions and the exercise of its or his powers under this Act.

Regulations in respect of the Tribunal

122. (1) The Minister may make such regulations as may be

necessary or expedient in respect of the Tribunal.

(2) Without prejudice to the generality of subsection (1),

regulations may be made for

(a) prescribing the responsibilities and control of members of

the Tribunal;

(b) prescribing the procedure of the Tribunal;

(c) prescribing forms;

(d) prescribing and imposing fees and providing for the

manner for collecting and disbursing such fees;

(e) prescribing anything required to be prescribed under this

Part.

PART XIII
ENFORCEMENT

Power of investigation

123. An Assistant Controller shall have the power to investigate

the commission of any offence under this Act.
100 Laws of Malaysia ACT 599

Authority cards

124. An Assistant Controller when acting under this Act shall on

demand declare his office and produce to the person against whom he
is acting or from whom he seeks any information such authority card
as the Controller may direct to be carried by such officer.

Search by warrant

125. (1) If it appears to a Magistrate, upon written information on

oath and after such enquiry as he considers necessary, that there is
reasonable cause to believe that in any premises there is or has been
any contravention of this Act, the Magistrate may issue a warrant
authorizing any Assistant Controller named therein to enter the
premises at any reasonable time by day or by night, with or without
assistance and if need be by force, and there to

(a) search for and seize any goods, thing, book, document,
record or other article that is reasonably believed to furnish
evidence of the contravention of this Act;

(b) take samples of any goods or thing found in the premises

for the purpose of ascertaining, by testing or otherwise,
whether an offence has been committed; and

(c) make copies of or take extracts from any book, document,

record or other article found in the premises.

(2) Where, by reason of their nature, size or amount, it is not

practicable to remove any goods, thing, book, document, record or
other article seized under subsection (1), the Assistant Controller
shall, by any means, seal such goods, thing, book, document, record
or other article in the premises or container in which they are found.

(3) It shall be an offence for any person without lawful authority

to break, tamper with or damage the seal referred to in subsection (2)
or to remove any goods, thing, book, document, record or other
article under seal or to attempt to do so.
 Consumer Protection 101

(4) An Assistant Controller entering any premises under this

section may take with him such other persons and equipment as may
appear to him to be necessary.

(5) An Assistant Controller may in the exercise of his powers

under this section, if it is necessary so to do

(a) break open any outer or inner door of the premises and
enter into the premises;

(b) forcibly enter the premises and every part of the premises;

(c) remove by force any obstruction to entry, search, seizure or

removal as he is empowered to effect; and

(d) detain every person found in the premises until the place
has been searched.

Search and seizure without warrant

126. If an Assistant Controller in any of the circumstances referred

to in section 125 has reasonable cause to believe that by reason of
delay in obtaining a search warrant under that section the
investigation would be adversely affected or evidence of the
contravention is likely to be tampered with, removed, damaged or
destroyed, such officer may enter such premises and exercise in, upon
and in respect of, the premises all the powers referred to in
section 125 in as full and ample a manner as if he were authorized to
do so by a warrant issued under that section.

List of things seized

127. (1) Except as provided in subsections (2) and (3), where any
goods, things, books, documents, records or other articles are seized
under this Part, the seizing officer shall prepare a list of the things
seized and immediately deliver a copy signed by him to the occupier
of the premises which has been searched under section 125 or 126, or
to his agent or servant, at those premises.
102 Laws of Malaysia ACT 599

(2) Where goods are seized from a vending machine, the seizing
officer shall immediately deliver a copy of the list signed by him to
the person whose name and address are stated on the machine as
being the proprietor or, if no name or address is so stated, the
occupier of the premises on which the machine is installed or to
which it is affixed.

(3) Where the premises are unoccupied, the seizing officer shall
whenever possible post a list of the things seized conspicuously on
the premises.

Power to require attendance of person acquainted with case

128. (1) An Assistant Controller making an investigation under this

Act may by order in writing require the attendance before himself of
any person who appears to the Assistant Controller to be acquainted
with the facts and circumstances of the case, and such person shall
attend as so required.

(2) If any such person refuses to attend as so required, the

Assistant Controller may report such refusal to a Magistrate who
shall issue a summons to secure the attendance of such person as may
be required by the order made under subsection (1).

Examination of person acquainted with case

129. (1) An Assistant Controller making an investigation under this

Act may examine orally any person supposed to be acquainted with
the facts and circumstances of the case.

(2) Such person shall be legally bound to answer all questions

relating to such case put to him by the Assistant Controller, but such
person may refuse to answer any question the answer to which would
have a tendency to expose him to a criminal charge or penalty or
forfeiture.
 Consumer Protection 103

(3) A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is
made wholly or partly in answer to questions.

(4) An Assistant Controller examining a person under

subsection (1) shall first inform that person of the provisions of
subsections (2) and (3).

(5) A statement made by any person under this section, whether

or not a caution has been administered to him under subsection
130(2) shall, whenever possible, be reduced into writing and signed
by the person making it or affixed with his thumb-print, as the case
may be

(a) after it has been read to him in the language in which he

made it; and

(b) after he has been given an opportunity to make any

correction he may wish.

Statement to be admissible in evidence

130. (1) Where any person is charged with an offence under this
Act, any statement, whether the statement amounts to a confession or
not or is oral or in writing, made at any time, whether before or after
the person is charged and whether in the course of an investigation
under this Act or not and whether or not wholly or partly in answer to
questions, by that person to or in the hearing of an Assistant
Controller and whether or not interpreted to him by another Assistant
Controller or other person shall, notwithstanding any other written
law to the contrary, be admissible in evidence at his trial and, if the
person charged tenders himself as a witness, any such statement may
be used in cross-examination and for the purpose of impeaching his
credit.

(2) The statement referred to in subsection (1)

(a) shall not be admissible or used under that subsection

104 Laws of Malaysia ACT 599

(i) if the making of the statement appears to the court to

have been caused by any inducement, threat or
promise having reference to the charge proceeding
from a person in authority and sufficient in the
opinion of the court to give the person charged
grounds which would appear to him reasonable for
supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature in
reference to the proceeding against him; or

(ii) in the case of a statement made by the person after

his arrest, unless the court is satisfied that a caution
was administered to him in the following words or
words to the like effect:

It is my duty to warn you that you are not obliged

to say anything or to answer any question, but
anything you say, whether in answer to a question or
not, may be given in evidence.; and

(b) if made by any person before there is time to caution him,

shall not be rendered inadmissible in evidence merely by
reason of no such caution having been administered if it
has been administered as soon as possible.

(3) Notwithstanding anything to the contrary contained in any

written law, a person charged for an offence to which subsection (1)
applies shall not be bound to answer any question relating to the case
after a caution under subsection (2) has been administered to him.

Forfeiture of goods, etc., seized

131. (1) Any goods, thing, book, document, record or other article
seized in exercise of any power conferred under this Act shall be
liable to forfeiture.

(2) An order for the forfeiture or for the release of any goods,
thing, book, document, record or other article seized in exercise of
any power conferred under this Act shall be made by the court before
 Consumer Protection 105

which the prosecution with regard thereto has been held and an order
for the forfeiture of the goods, thing, book, document, record or other
article shall be made if it is proved to the satisfaction of the court that
an offence under this Act has been committed and that the goods,
thing, book, document, record or other article was the subject matter
of or was used in the commission of the offence, notwithstanding that
no person may have been convicted of such offence.

(3) If there is no prosecution with regard to any goods, thing,

book, document, record or other article seized in exercise of any
power conferred under this Act, such goods, thing, book, document,
record or other article shall be taken and deemed to be forfeited at the
expiration of one calendar month from the date of service of a notice
to the last known address of the person from whom the goods, thing,
book, document, record or other article was seized indicating that
there is no prosecution in respect of such goods, thing, book,
document, record or other article, unless before that date a claim
thereto is made in the manner set out in subsections (4), (5) and (6).

(4) Any person asserting that he is the owner of the goods, thing,
book, document, record or other article referred to in subsection (3)
and that they are not liable to forfeiture may personally or by his
agent authorized in writing, give written notice to the Assistant
Controller in whose custody such goods, thing, book, document,
record or other article is held that he claims the same.

(5) On receipt of the notice referred to in subsection (4), the

Assistant Controller shall refer the matter to a Magistrate for a
decision.

(6) The Magistrate to whom a matter is referred under subsection

(5) shall issue a summons requiring the person asserting that he is the
owner of the goods, thing, book, document, record or other article
and the person from whom they were seized, to appear before the
Magistrate and on their appearance or default to appear, due service
of the summons having been proved, the Magistrate shall proceed to
the examination of the matter and on proof that an offence under this
Act has been committed and that such goods, thing, book, document,
record or other article was the subject-matter of or was used in the
106 Laws of Malaysia ACT 599

commission of such offence, shall order the same to be forfeited and

shall, in the absence of such proof, order their release.

(7) Any goods, thing, book, document, record or other article

forfeited or deemed to be forfeited shall be delivered to the Assistant
Controller and shall be disposed of in accordance with the directions
of the Magistrate.

(8) Where any goods, thing, book, document, record or other

article seized in exercise of the powers conferred under this Act are
of a perishable nature or is subject to speedy and natural decay or
where the custody of such goods, thing, book, document, record or
other article involves unreasonable expense and inconvenience, or is
believed to cause obstruction or hazard to the public, the Controller
may direct that such goods, thing, book, document, record or other
article be sold at any time and the proceeds of the sale held to abide
by the result of any prosecution under this Act.

Cost of holding goods, etc., seized

132. Where any goods, thing, book, document, record or other

article seized under this Act is held in the custody of the Government
pending completion of any proceedings in respect of an offence under
this Act, the cost of holding such thing in custody shall, in the event
of any person being found guilty of an offence, be a debt due to the
Government by such person and shall be recoverable accordingly.

No costs or damages arising from seizure to be recoverable

133. No person shall, in any proceedings before any court in

respect of the seizure of any goods, thing, book, document, record or
other article seized in the exercise or the purported exercise of any
power conferred under this Act, be entitled to the costs of such
proceedings or to any damages or other relief unless such seizure was
made without reasonable cause.
 Consumer Protection 107

Protection of informers

134. (1) Except as hereinafter provided, no witness in any civil or

criminal proceedings shall be obliged or permitted to disclose the
name or address of any informer or the substance and nature of the
information received from him or to state any matter which may lead
to his discovery.

(2) If any books, documents, records or papers which are in

evidence or are liable to inspection in any civil or criminal
proceedings contain any entry in which any informer is named or
described or which might lead to his discovery, the court shall cause
all such passages to be concealed from view or to be obliterated so far
only as may be necessary to protect the informer from discovery.

(3) If on trial for any offence under this Act the court after full
inquiry into the case believes that the informer wilfully made in his
complaint a material statement which he knew or believed to be false
or did not believe to be true, or if in any other proceeding the court is
of the opinion that justice cannot be fully done between the parties
thereto without the discovery of the informer, it shall be lawful for
the court to require the production of the original complaint, if in
writing, and permit inquiry, and require full disclosure, concerning
the informer.

Reward for information

135. 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 not exceeding one half of
such fine in such proportion as the court thinks fit to the person who
gave the information leading to the conviction.

Disappearance or destruction of goods, etc., to be seized

136. Any person who causes the disappearance or destruction of

any goods, thing, book, document, record or other article to be seized
under this Act with the intent to prevent the seizure thereof commits
108 Laws of Malaysia ACT 599

an offence and shall on conviction be liable to a fine not exceeding

fifty thousand ringgit or to imprisonment for a term not exceeding
three years or to both.

Offences with respect to information

137. (1) Any person who

(a) submits false information in any application, report or

other document under this Act;

(b) furnishes or causes to be furnished to any Assistant

Controller any false particular, information or statement in
respect of any matter which such officer requires to be
given under this Act;

(c) refuses to answer or gives a false answer to any question

put to him by any Assistant Controller for the purpose of
obtaining any particulars, information or statement
required to be given under this Act; or

(d) fails or refuses to produce any document as may be

required by any Assistant Controller,

commits an offence and shall on conviction be liable to a fine not

exceeding two thousand ringgit or to imprisonment for a term not
exceeding six months or to both.

(2) Nothing in subsection (1) shall be construed as requiring a

person to answer any question or to give any information if the
answer or information would have a tendency to expose him to a
criminal charge or penalty or forfeiture.

Obstruction of Assistant Controller

138. Any person who obstructs, impedes, assaults or interferes

with any Assistant Controller in the performance of his functions
under this Act commits an offence.
 Consumer Protection 109

Use of confidential information

139. (1) Any person who makes use of any confidential

information obtained by virtue of the provisions of this Act commits
an offence and shall on conviction be liable to a fine not exceeding
one hundred thousand ringgit or to imprisonment for a term not
exceeding five years or to both.

(2) Nothing in subsection (1) shall operate to prevent the

disclosure of information where the disclosure is made

(a) for or in connection with the due administration of this Act;

(b) for the purpose of any legal proceedings;

(c) for the purpose of any investigation conducted under this

Act;

(d) to any consultant to the Government or to any officer who

is approved in writing by the Minister as a proper person to
receive the information; or

(e) for or in connection with the preparation by the

Government of statistics in respect of the operation of this
Act.

PART XIV
GENERAL AND MISCELLANEOUS

Receipts

140. (1) A person who supplies or offers to supply any goods or

services shall provide the consumer with a receipt for any purchase of
goods or services exceeding the prescribed value.

(2) Notwithstanding anything contained in subsection (1), a

consumer shall be supplied with a receipt for any purchase of goods
or services if the consumer so requests.
110 Laws of Malaysia ACT 599

(3) A receipt issued under this section shall contain the following
particulars:

(a) the trade name and address of the supplier;

(b) the date of purchase;

(c) the amount of money paid for each item of purchase;

(d) the total amount of money paid including a separate

statement of any amount paid as tax;

(e) where applicable, the make and model number of the

goods; and

(f) any other particulars as may be prescribed in the

regulations.

(4) The Minister may, by order published in the Gazette, exempt

any business or class of business from this section.

(5) Any person who contravenes this section commits an offence.

Power to order compliance

141. (1) Where the Controller has reasonable grounds to believe

that a person is contravening, has contravened or is about to
contravene this Act, the Controller may make an order requiring the
person to

(a) cease the contravention;

(b) refrain from the contravention or contemplated

contravention; or

(c) refrain from any further contravention,

of this Act.
 Consumer Protection 111

(2) A copy of the order made under subsection (1) shall be served
on every person named in it together with written reasons for the
order, and such order shall take effect immediately on the service
thereof.

(3) For the purposes of this section, service may be made

personally or by A.R. registered post, telegram, facsimile
transmission or by any other electronic or other means of
transmission which results in the order being transmitted in writing to
the person named in it.

(4) The power to issue an order under subsection (1) may be

exercised by the Controller personally or by any officer authorized in
writing by the Controller.

Failure to comply with lawful order

142. Any person who fails to comply with any written order issued
by the Controller or any officer authorized in writing by the
Controller commits an offence under this Act.

Offences by body corporate

143. Where an offence under this Act has been committed by a body
corporate, any person who at the time of the commission of the
offence was a director, manager, secretary or other similar officer of
the body corporate or who was purporting to act in any such capacity
shall, as well as the body corporate, be deemed to have committed
that offence unless he proves that the offence was committed without
his knowledge, consent or connivance and that he took reasonable
precautions and had exercised due diligence to prevent the
commission of the offence.

Offences by employees, agents or employees of agents

144. Where an offence under this Act has been committed by

112 Laws of Malaysia ACT 599

(a) an employee;

(b) an agent; or

(c) an employee of the agent,

of any person (the principal), the principal shall be deemed to have

committed that offence unless he proves that

(aa) the offence was committed without his knowledge or that

he took reasonable precautions to prevent its commission;
and

(bb) the offence was committed

(i) in the case of an employee, outside the course of his

employment;
(ii) in the case of an agent, when the agent was not
acting on the principals behalf; or

(iii) in the case of an employee of the agent, outside the

course of his employment by the agent or otherwise
on behalf of the agent.

General penalty

145. (1) Any person who is convicted of an offence under this Act
for which no penalty is expressly provided shall be liable to a fine not
exceeding 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 one hundred thousand ringgit or to
imprisonment for a term not exceeding five years or to both.

(2) Any body corporate which is convicted of an offence under

this Act for which no penalty is expressly provided shall be liable to a
fine not exceeding one hundred thousand ringgit, and for a second or
subsequent offence to a fine not exceeding two hundred thousand
ringgit.
 Consumer Protection 113

(3) Any person who or body corporate which is convicted of an

offence under this Act shall, in the case of a continuing offence, in
addition to any fine provided under this Act, 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.

Compounding of offences

146. (1) The Controller or a Deputy Controller or any person

authorized in writing by the Controller, with the consent in writing of
the Public Prosecutor, may compound any offence, except offences
under sections 138 and 139, committed by any person under this Act
by making a written offer to such person to compound the offence
upon payment to the Controller or the Deputy Controller or any
person authorized in writing by the Controller such amount not
exceeding fifty per centum of the amount of maximum fine for that
offence within such time as may be specified in the offer.

(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 within such extended
period as the Controller or the Deputy Controller or any person
authorized in writing by the Controller may grant, prosecution for the
offence may be instituted at any time thereafter against the person to
whom the offer was made.

(3) Where an offence has been compounded under subsection

(1)

(a) no prosecution shall thereafter be instituted in respect of

such offence against the person to whom the offer to
compound was made; and

(b) any goods, thing, book, document, record or other article

seized in connection with such offence shall be released
immediately.
114 Laws of Malaysia ACT 599

(4) Any moneys paid to the Controller or the Deputy Controller or

any person authorized in writing by the Controller, as the case may
be, under this section shall be paid into and form part of the Federal
Consolidated Fund.

Institution of prosecution

147. No prosecution for or in relation to any offence under this Act

shall be instituted without the written consent of the Public
Prosecutor.

Jurisdiction to try offences

148. Notwithstanding any written law to the contrary, a Court of a

Magistrate of the First Class shall have jurisdiction to try any offence
under this Act and to impose the full punishment for any such
offence.

Protection of officers

149. No action or prosecution shall be brought, instituted or

maintained in any court against

(a) the Controller, Deputy Controllers, Assistant Controllers or

any other officer duly appointed under this Act for or on
account of or in respect of any act ordered or done for the
purpose of carrying this Act into effect; and

(b) any other person for or on account of or in respect of any

act done or purported to be done by him under the order,
direction or instruction of the Controller, a Deputy
Controller, an Assistant Controller or any other officer duly
appointed under this Act 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.
 Consumer Protection 115

Regulations

150. (1) The Minister may make such regulations as may be

necessary or expedient for the purpose of carrying into effect the
provisions of this Act.

(2) In particular and without prejudice to the generality of

subsection (1), such regulations may

(a) prescribe, in respect of goods or services of any description

or of any class or classes of goods or services, a consumer
information standard concerning any or all of the following
matters:

(i) the disclosure of information relating to the kind,

grade, quantity, origin, performance, care,
composition, contents, design, construction, use,
price, finish, packaging, promotion or supply of the
goods or services; and

(ii) the form or manner in which the information is to be

disclosed on or in relation to or in connection with
the supply or resupply or promotion of the supply of
the goods or services;

(b) prescribe any forms for the purposes of this Act;

(c) generally prescribe and provide for fees under this Act and
the manner for collecting and disbursing such fees;

(d) prescribe the particulars required to be contained in

receipts and the value of transactions for which receipts
shall be required and for this purpose may prescribe
different values for different transactions; and

(e) provide for any matter which under this Act is required or
permitted to be prescribed or which are necessary or
expedient to be prescribed to give effect to this Act.
116 Laws of Malaysia ACT 599

SCHEDULE

[Section 84C]

COMMITTEE ON ADVERTISEMENT

Temporary exercise of functions of Chairman

1. (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 Committee on Advertisement to perform the functions of the
Chairman.

(3) The Deputy Chairman or the member appointed under subparagraph (2),as
the case may be, shall, during the period in which he is performing the functions of
the Chairman under be deemed to be the Chairman.

(4) In this paragraph, Chairman and Deputy Chairman mean the Chairman
and Deputy Chairman of the Committee on Advertisement respectively.

Vacation of office

2. The office of a member of the Committee on Advertisement referred to in

paragraph 84B(1)(b) of this Act 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

3. The Minister may revoke the appointment of a member of the Committee on

Advertisement referred to in paragraph 84B(1)(b) of this Act

(a) if his conduct, whether in connection with his duties as a member of

the Committee on Advertisement or otherwise, has been such as to
bring discredit to the Committee on Advertisement;
 Consumer Protection 117

(b) if he has become incapable of properly carrying out his duties as a

member of the Committee on Advertisement;

(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 the 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

Committee on Advertisement without obtaining leave in writing from
the Chairman of the Committee on Advertisement.

Resignation

4. A member of the Committee on Advertisement appointed under paragraph

84B(1)(b) of this Act may at any time resign his office by letter addressed to the
Minister.

Filling of vacancy

5. Where a member appointed under paragraph 84 B(1)(b) of this Act ceases to be

a member of the Committee on Advertisement, 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 Committee on Advertisement and other officers

6. The Minister may appoint a Secretary to the Committee and such other officers
as may be necessary to assist the Committee.
118 Laws of Malaysia ACT 599

Allowances

7. The members of the Committee on Advertisement appointed under paragraph

84B(1)(b) may be paid such allowances as the Minister may determine.

Experts

8. (1) The Committee on Advertisement may invite an expert or experts in a

particular field or fields

(a) to attend a meeting or deliberation of the Committee on Advertisement

for the purpose of advising it on any matter under discussion; or

(b) to consider or carry out any matter as entrusted by the Committee on

Advertisement and to do any other thing as the Committee on
Advertisement deems fit or necessary.

(2) An expert or experts invited under subparagraph (1) may be paid such fee as
the Minister may determine.

Validity of acts and proceedings

9. 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
Committee on Advertisement; or

(b) an omission, a defect or an irregularity not affecting the merit of the

case.

Annual report

10. The Committee on Advertisement shall make an annual report on the

discharge of its functions to the Minister.
 119

LAWS OF MALAYSIA

Act 599

CONSUMER PROTECTION ACT 1999

LIST OF AMENDMENTS

Amending law Short title In force from

Act A1199 Consumer Protection (Amendment) 01-09-2003

Act 2003

Act A1298 Consumer Protection (Amendment) 15-08-2007

Act 2007

Act A1381 Consumer Protection (Amendment) 01-02-2011

Act 2010

Act A1498 Consumer Protection (Amendment) 01-03-2016

Act 2015
120

LAWS OF MALAYSIA

Act 599

CONSUMER PROTECTION ACT 1999

LIST OF SECTION AMENDED

Section Amending Authority In force from

2 Act A1298 15-08-2007

Act A1381 01-02-2011

9 Act A1381 01-02-2011

11 Act A1381 01-02-2011

21A Act A1381 01-02-2011

23 Act A1381 01-02-2011

PART IIIA Act A1381 01-02-2011

24A 24J Act A1381 01-02-2011

53 Act A1381 01-02-2011

PART IXA Act A1381 01-02-2011

84A 84D Act A1381 01-02-2011

86 Act A1199 01-09-2003

98 Act A1199 01-09-2003

Act A1381 01-02-2011

99 Act A1199 01-09-2003

Act A1498 01-03-2016

100 Act A1199 01-09-2003

 Consumer Protection 121

Section Amending Authority In force from

101 Act A1199 01-09-2003

103 Act A1381 01-02-2011

109A Act A1199 01-09-2003

146 Act A1381 01-02-2011

Schedule Act A1381 01-02-2011