PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974

LAWS OF MALAYSIA REPRINT Act 128 PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 128 PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974 Date of Royal Assent … … … … … … 8 March 1974 Date of publication in the Gazette … … … 14 March 1974 PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1995 2000 Petroleum and Electricity (Control of Supplies) 3 LAWS OF MALAYSIA Act 128 PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974 ARRANGEMENT OF SECTIONS Section 1. Short title, application and commencement 2. Interpretation 3. Regulations 4. Authorization of persons to exercise powers under this Act or regulations made thereunder 5. Power of arrest, seizure, investigation and prosecution 6. Power to enter premises 7. Power of court to confiscate 8. Cancellation or suspension of driving licences 9. Cancellation or suspension of vehicle licences 10. Jurisdiction of courts 11. Joinder of offences 12. Protection of informers 13. Duty to give information and use of statements as evidence 14. Provisions as to evidence 15. Liability of partners, directors, etc. 16. Power to compound 17. Non-application of certain law to petroleum 18. Saving 4 Laws of Malaysia ACT 128 Petroleum and Electricity (Control of Supplies) 5 LAWS OF MALAYSIA Act 128 PETROLEUM AND ELECTRICITY (CONTROL OF SUPPLIES) ACT 1974 An Act to make temporary provisions for the control of petroleum and electricity supplies. [ ] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title, application and commencement 1. (1) This Act may be cited as the Petroleum and Electricity (Control of Supplies) Act 1974 and shall apply throughout Malaysia. (2) This Act shall come into force on such date as the Yang di-Pertuan Agong may by notification in the Gazette appoint and shall remain in force for a period of one year from that date; and if the Yang di-Pertuan Agong decides that it is necessary in the national interest that this Act be continued in force, the Yang di-Pertuan Agong may from time to time by notification in the Gazette provide that this Act shall remain in force for a further period of not exceeding one year at a time. Interpretation 2. In this Act, unless the context otherwise requires— “authorized person” means any person authorized under section 4; “driving licence” has the meaning assigned to it under the relevant road traffic law; “electricity” means electrical power when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal; 6 Laws of Malaysia ACT 128 “Minister” means the Minister nominated by the Prime Minister for the purposes of this Act; “motor vehicle” means every description of vehicle propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads and includes a trailer; “offence against this Act” includes any contravention of or failure to comply with any regulation made under this Act and any contravention of or failure to comply with the terms and conditions of any licence or permit issued or authority granted under this Act or the regulations made thereunder and any failure to comply with any request or direction lawfully made or given thereunder; “petroleum” includes crude petroleum and oil made from petroleum, coal, shale, peat or other bituminous substances and other products of petroleum; “Registrar” means a Director for Road Transport appointed under the Road Transport Act 1887 [Act 333]; “relevant road traffic law” means the Road Transport Act 1987; “road” means any public road and any other road maintained at the public expense; “vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing. Regulations 3. (1) Subject to the provisions of this section, the Minister may make any regulations whatsoever which he considers desirable or expedient for restricting the supply, distribution and use of petroleum and electricity. (2) Without prejudice to the generality of the powers conferred by subsection (1) the regulations made under this section may provide for— (a) prohibiting or restricting the use of motor vehicles or of any specified class or description of motor vehicles on all or any specified roads either generally or during particular hours or days; Petroleum and Electricity (Control of Supplies) 7 (b) prescribing a maximum speed for all or any specified class or description of motor vehicles on all or any specified roads; (c) prohibiting or restricting the supply, distribution or use of electricity for any purpose or specified purposes either generally or during specified hours; (d) restricting the hours during which any factory, shop, office, cinema, theatre, hotel, restaurant, bar, cabaret, night club, amusement park, place of entertainment or any business premises may be opened for business; (e) prohibiting, restricting or otherwise regulating the purchase, sale, storage or transport of any petroleum; (f) regulating and controlling the rationing of petroleum and, without prejudice to such general power, providing for the registration of all or any persons, or any class of persons, for the purpose of rationing and for the issue of ration documents; (g) exemption, either absolutely or subject to such conditions as may be imposed, from all or any of the regulations; (h) prescribing such fees or charges as may be necessary for the purposes of this Act; and (i) the commission of the offence against this Act to be punishable by a fine not exceeding ten thousand ringgit or with imprisonment for a term not exceeding two years or with both. (3) The regulations made under paragraph (2)(c) may provide for empowering any electricity board to reduce or cut off any supply of electricity to any person who is, in the opinion of the board, contravening or not complying with the provisions of those regulations notwithstanding any agreement made with the person for the supply of electricity; and no legal proceedings shall be instituted against the board or any member or any employee thereof, or any other person whatsoever acting under the direction of the board, arising out of the reduction or cut off of any supply of electricity made by the board in accordance with the regulations made as aforesaid. 8 Laws of Malaysia ACT 128 (4) All regulations made under this section shall be laid before both Houses of Parliament as soon as may be after they are made and if not sooner revoked, shall cease to have effect if resolutions are passed by both Houses annulling such regulations, but without prejudice to anything previously done by virtue thereof or to the power of the Minister to make new regulations. (5) For the purpose of this section “electricity board” means the successor company under the Electricity Supply (Successor Company) Act 1990 [Act 448] and includes (if so expressly provided by the regulations made under this section) a person to whom a licence is issued for the supply of electricity to or for the use of any other person from any installation. Authorization of persons to exercise powers under this Act or regulations made thereunder 4. (1) The Minister may authorize by name or office, any public officer or employee of a statutory authority or local authority to exercise all or any of the powers under this Act or any regulation made thereunder. (2) Any authorization given under this section shall be published in the Gazette. (3) In exercising any of the powers under this Act or any regulation made thereunder, the person so authorized shall on demand produce to the person against whom he is acting under this Act or any regulation made thereunder the authority card issued to him. Power of arrest, seizure, investigation and prosecution 5. (1) Any authorized person, police officer and customs officer may— (a) arrest without warrant any person whom he has reason to believe to have committed an offence against this Act, if the person refuses to furnish his name and address or furnishes an address out of Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond: Provided that when any person has been arrested as aforesaid he shall be thereafter dealt with as provided by the Criminal Procedure Code [Act 593]; and Petroleum and Electricity (Control of Supplies) 9 (b) seize any petroleum in respect of which he has reason to believe such an offence has been committed or any vehicle, vessel or article by means of which any such offence has been committed or which he has reason to believe is intended to be used for the commission of that offence. (2) Where any vehicle or vessel has been seized under subsection (1) the authorized person, a police officer not below the rank of Inspector or a customs officer may, at his discretion, temporarily return such vehicle or vessel to the owner of the same on security being furnished to the satisfaction of such officer that the vehicle or vessel shall be surrendered to him on demand. (3) Any authorized person, any police officer not below the rank of Inspector, and any customs officer may in relation to any investigation in respect of any offence against this Act without the order of the Public Prosecutor exercise the special powers in relation to police investigations given by the Criminal Procedure Code in any seizable case. (4) Without prejudice to the Criminal Procedure Code relating to prosecution any prosecution in respect of an offence against this Act may be conducted by an authorized person. Power to enter premises 6. (1) Where any authorized person, any police officer not below the rank of Inspector or any customs officer has reasonable grounds for believing that an offence against this Act has been committed, the authorized person, the police officer or the customs officer after producing to the occupier the authority card issued to him, may enter any premises and may carry out such inspections and examinations (including the inspection and examination of books) as he may consider necessary and may seize and detain any books, documents or other things or petroleum found in those premises which may furnish evidence of the commission of an offence against this Act. (2) Any person who obstructs or impedes any authorized person, police officer or customs officer in the lawful exercise of any of his powers under this section shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both. 10 Laws of Malaysia ACT 128 Power of court to confiscate 7. (1) Where any person is convicted of an offence against this Act the court shall order the confiscation of— (a) any petroleum in respect of which the offence has been committed which has been seized by, or has otherwise come into the possession of any authorized person, any police officer or customs officer; or (b) any vehicle, vessel or article, the property of the accused, by means of which the offence has been committed or which is intended to be used for the commission of an offence against this Act. (2) Where confiscation is ordered under subsection (1), the court shall deliver the petroleum, vehicle, vessel or article to any authorized person, police officer or customs officer and shall give directions as to its disposal. Cancellation or suspension of driving licences 8. (1) Where a person is convicted of an offence in conn