OPTICAL DISCS ACT 2000

LAWS OF MALAYSIA REPRINT Act 606 OPTICAL DISCS ACT 2000 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 OPTICAL DISCS ACT 2000 Dated of Royal Assent … … … Date of Publication in the Gazette … … 18 August 2000 … … 31 August 2000 ... 2001 PREVIOUS REPRINT First Reprint ... ... ... ... 3 LAWS OF MALAYSIA Act 606 OPTICAL DISCS ACT 2000 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II CONTROLLER OF OPTICAL DISCS, ETC. 3. Appointments of Controller, etc. PART III LICENSING, ETC. 4. Licence to manufacture optical discs 5. Unlicensed premises 6. Application for licence 7. Grant or refusal of a licence 8. Validity of licence 9. Power to vary conditions 10. Revocation of licence 11. Surrender of licence 12. Effect of revocation, surrender or expiry of licence 13. Transfer of licence 14. Renewal of licence 15. Display of licence 4 Laws of Malaysia Section 16. Register 17. Maintenance of records 18. Appeal PART IV MANUFACTURER’S CODE 19. Optical discs to be marked with manufacturer’s code 20. Marking standards 21. Applying false manufacturer’s code PART V CODE OF CONDUCT 22. Controller may issue code of conduct 23. Revocation, etc., of code of conduct 24. Civil penalty for non-compliance 25. Compliance with code of conduct a legal defence PART VI OFFENCES AND PENALTY 26. Penalty 27. Offences with respect to information 28. Disappearance or destruction of article, etc., to be seized 29. Disclosure of confidential information 30. Offences by director, manager, secretary, etc. 31. Offences by employee or agent 32. Obstruction of officers 33. General penalty 34. Compounding of offences ACT 606 Optical Discs PART VII ENFORCEMENT Section 35. Power of enforcement 36. Power of investigation 37. Additional powers 38. Search by warrant 39. Search and seizure without warrant 40. List of things seized 41. Warrant admissible notwithstanding defects 42. Access to computerized data 43. Power to require attendance of person acquainted with case 44. Examination of person acquainted with case 45. Statement to be admissible in evidence 46. Forfeiture of articles, etc. 47. Cost of holding article, etc., seized 48. No costs or damages arising from seizure to be recoverable 49. Protection of informers 50. Reward for information PART VIII MISCELLANEOUS 51. Power to exempt 52. Protection of officers 53. Institution of prosecution 54. Jurisdiction to try offences 55. Service of records, etc. 56. Regulations 57. Savings and transitional SCHEDULE 1 5 6 Laws of Malaysia ACT 606 Optical Discs 7 LAWS OF MALAYSIA Act 606 OPTICAL DISCS ACT 2000 An Act to provide for the licensing and regulation of the manufacture of optical discs, and for matters connected therewith. [15 September 2000, P.U. (B) 327/2000] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Optical Discs Act 2000. (2) This Act shall come 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. Interpretation 2. (1) In this Act, unless the context otherwise requires— “article” includes device, contrivance, machine or equipment; “Assistant Controller” means an Assistant Controller of Optical Discs appointed under section 3; “code of conduct” means the code of conduct issued under section 22; “Controller” means the Controller of Optical Discs appointed under section 3; 8 Laws of Malaysia ACT 606 “copyright” has the meaning assigned to it by the Copyright Act 1987 [Act 332]; “Deputy Controller” means a Deputy Controller of Optical Discs appointed under section 3; “infringing copy” has the meaning assigned to it by the Copyright Act 1987; “licence” means a licence granted under section 7; “licensed premises” means any premises specified in a licence in which optical discs are authorized to be manufactured; “licensee” means a person to whom a licence is granted under section 7; “manufacture” means the processes and activities involved in the manufacturing of optical discs, including mastering or replicating or both; “manufacturer’s code” means the manufacturer’s code assigned to a licensee under paragraph 7(2)(b); “Minister” means the Minister responsible for domestic trade and consumer affairs; “optical disc” means— (a) any medium or device listed in Schedule 1; or (b) any other medium or device on which data may be stored in digital form and read by means of a laser, and includes any such medium or device manufactured for any purpose, whether or not any data readable by means of a laser or any other means has been stored on it; “owner of copyright” means the owner of copyright within the meaning of the Copyright Act 1987; “place” means any area on land or water and includes a building, structure or enclosure, whether movable or not; Optical Discs 9 “prescribed” means prescribed by regulations made under this Act; “register” means the register kept by the Controller under this Act; “this Act” includes any regulation made under this Act. (2) For the purpose of this Act, a person is engaged in the manufacture of optical discs if he owns, directs, manages or otherwise has control of a business which undertakes the manufacture of optical discs. PART II CONTROLLER OF OPTICAL DISCS, ETC. Appointments of Controller, etc. 3. (1) The Minister may appoint, from amongst public officers, a Controller of Optical Discs, such number of Deputy Controllers of Optical Discs, Assistant Controllers of Optical Discs and other officers as maybe 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 may 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) The Controller and the Deputy Controllers may perform all the functions and duties imposed and may exercise all the powers conferred upon an Assistant Controller under this Act. (5) A Deputy Controller may perform all the functions and duties imposed and may exercise all the powers conferred upon the Controller under this Act except the powers under Part III. (6) Notwithstanding subsection (5), the Controller may delegate to a Deputy Controller any of his powers under Part III, and when so delegated such power shall be exercised by the Deputy Controller under the control of and subject to such directions and restrictions as may be specified by the Controller. 10 Laws of Malaysia ACT 606 (7) A delegation under subsection (6) may be revoked at any time by the Controller and shall not prevent the Controller from himself exercising the delegated powers. (8) All officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. PART III LICENSING, ETC. Licence to manufacture optical discs 4. Any person who manufactures optical discs without a valid licence under this Act commits an offence. Unlicensed premises 5. A licensee who manufactures optical discs in a place other than the licensed premises commits an offence. Application for licence 6. (1) An application for a licence under this Act shall be made in writing to the Controller in such form, and shall be accompanied by such documents or information, as may be prescribed. (2) Where a person proposes to manufacture optical discs at more than one place, he may make one application for a licence in respect of all those places. (3) The Controller may, at any time after receiving the application under subsection (1) and before it is determined, by a written notice require the applicant to provide such additional documents or information as the Controller deems necessary. (4) Where any additional document or information required under subsection (3) is not provided by the applicant within the time specified in the notice or any extension thereof granted by the Controller, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without prejudice to a fresh application being made by the applicant. (5) An application under this section may be withdrawn at any time before it is granted or refused. Optical Discs 11 Grant or refusal of a licence 7. (1) Upon receipt of an application together with the documents and information required under section 6, the Controller may grant the licence or refuse to grant the licence. (2) If the Controller grants a licence under subsection (1), he shall— (a) require the licensee to pay the prescribed fees within the prescribed period; (b) assign to the licensee a manufacturer’s code which shall consist of— (i) one or more letters or numbers; (ii) a mark, sign, symbol or device; or (iii) any combination of letters, numbers, marks, signs, symbols or devices, as may be prescribed; (c) impose such conditions as he thinks fit for the purpose of— (i) preventing the manufacture of infringing copies of works in which copyright subsists; and (ii) protecting the rights of owners of copyright and other persons to whom rights are conferred under the Copyright Act 1987; and (d) impose such other conditions as he deems fit. (3) A licence shall be deemed to have not been granted if the fees required under paragraph (2)(a) are not paid within the prescribed period. (4) Where the Controller refuses to grant a licence, he shall immediately notify the applicant in writing of his refusal without assigning any reason for the refusal. (5) Where the Controller grants a licence in respect of the application made under subsection 6(2), the Controller shall issue a separate licence for each place of manufacture. 12 Laws of Malaysia ACT 606 Validity of licence 8. The licence granted under section 7, unless sooner revoked or suspended, shall be valid for such period as may be specified in the licence. Power to vary conditions 9. (1) The Controller may, at any time after a licence is granted— (a) impose any new or additional conditions on the licence; (b) vary or revoke any condition imposed on the licence; or (c) vary or revoke any condition already varied under paragraph (b). (2) Where the Controller proposes to take an action under subsection (1), he shall give the licensee— (a) a written notice of his intention; and (b) an opportunity to make written representations within fourteen days from the date of service of the notice. (3) After the expiry of the period of fourteen days, and after considering any representation made by the licensee, the Controller shall decide whether to impose, vary or revoke any condition under subsection (1) or to take no further action. (4) The Controller shall give the licensee a written notice of his decision under subsection (3). Revocation of licence 10. (1) The Controller may revoke a licence if he is satisfied that— (a) the licensee has failed to comply with any obligation imposed upon him under this Act; (b) the licensee has contravened any of the conditions of the licence, or any provision of this Act, regardless of the fact that there has been no prosecution for an offence in respect of such contravention; Optical Discs 13 (c) the licensee has been convicted of an offence under this Act; (d) the licensee or any person who is or is to be a director, manager, secretary or other similar officer of the licensee has, either in connection with the application for the licence, or at any time after the grant of the licence, provided false or misleading or inaccurate informat