PRICE CONTROL AND ANTI-PROFITEERING ACT 2011

Price Control and Anti-Profiteering LAWS OF MALAYSIA REPRINT Act 723 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 As at 1 November 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Act 723 Laws of Malaysia PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 Date of Royal Assent … … … … 24 January 2011 Date of publication in the Gazette… … … 27 January 2011 Latest amendment made by Act A1544 which came into operation on … … … 1 January 2018 … … Price Control and Anti-Profiteering 3 LAWS OF MALAYSIA Act 723 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Appointment of Price Controller, Deputy Price Controller, Assistant Price Controller, etc. Part II DETERMINATION OF PRICES AND CHARGES 4. Power of the Controller to determine prices of goods 5. Power of the Controller to determine charges for services 6. Power of the Controller to determine prices or charges according to area 7. Power of the Controller to determine the amount of deposit 8. Prices determined to include tax 9. Seller to display list of prices 10. Price marking orders 10a. (Deleted) 10b. Display of prices or charges to include government taxes, etc. 10c. Power of Controller to obtain information 4 Laws of Malaysia Act 723 Part III OFFENCES Section 11. Offence to sell price-controlled goods, provide charge-controlled services, etc., otherwise than in accordance with prices or charges determined 12. Offence to purchase price-controlled goods or obtain charge-controlled services, etc., otherwise than in accordance with prices or charges determined 13. Illegal conditions Part IV ANTI-PROFITEERING 14. Offence to profiteer 15. Mechanism to determine unreasonably high profit 16. Offer to sell 17. Offer to supply Part V PENALTY 18. Penalty Part VI INVESTIGATION AND ENFORCEMENT Chapter 1 Investigation and complaints 19. Investigation by Assistant Controller 20. Complaints to Assistant Controller Chapter 2 Information gathering powers 21. Power of the Assistant Controller to require provision of information 22. Assistant Controller may retain documents Price Control and Anti-Profiteering Section 23. Access to records 24. Confidentiality 25. Privileged communication 26. Giving false or misleading information, evidence or document 27. Destruction, concealment, mutilation and alteration of records Chapter 3 Powers of search and seizure 28. Access to places or premises 29. Power to enter into premises with search warrant 30. Power of entry and search and seizure without a warrant 31. Access to recorded information, computerized data, etc. 32. Tipping-off 33. Warrant admissible notwithstanding defects 34. List of things seized 35. Forfeiture of goods 36. Release of things seized 37. Seizure of perishable goods 38. No cost or damages arising from seizure to be recoverable 39. Obstruction 40. Power of investigation by police officer Part VII PRICE ADVISORY COUNCIL 41. Price Advisory Council 42. Membership of Council 43. Temporary exercise of functions of Chairman 44. Vacation of office 45. Revocation of appointment 46. Resignation 47. Filling of vacancy 48. Secretary to Council and other officers 5 6 Laws of Malaysia Section 49. Allowances 50. Meetings 51. Council may invite others to meetings 52. Validity of acts and proceedings 53. Regulations relating to the Council 53a. Duty to keep records Part VIII GENERAL 54. Jurisdiction to try offences 55. Reward for information 56. Institution of prosecution 57. General penalty 58. Compounding of offences 59. Offences by body corporate 60. Power of Minister to make regulations 60a. Power to amend Schedule 61. Public Authorities Protection Act 1948 62. Protection of officers and other persons 63. Saving and transitional Schedule (Deleted) Act 723 Price Control and Anti-Profiteering 7 LAWS OF MALAYSIA Act 723 PRICE CONTROL AND ANTI-PROFITEERING ACT 2011 An Act to control prices of goods and charges for services and to prohibit profiteering and to provide for matters connected therewith or incidental thereto. [1 April 2011, P.U. (B) 146/2011] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Price Control and Anti-Profiteering Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “goods” means property of every kind, whether tangible or intangible, whether moveable or immoveable, but excludes money and choses-in-action; 8 Laws of Malaysia Act 723 “price-controlled goods” means the goods in respect of which maximum or minimum or fixed prices have been determined under section 4; “charge” means any amount of money or any form of consideration given in exchange for any services; “prescribed” means prescribed by regulations made under this Act; “electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology; “price” means any amount of money or any form of consideration given in exchange for any goods; “sale” includes a sale of goods by an agent on behalf of his principal or by a servant on behalf of his employer, a sale of goods on commission or on consignment for sale and an agreement to sell and offer to sell; “supply” by whatever means, including through electronic transactions— (a) in relation to goods, means the supply, including re-supply, by way of sale, exchange, lease, hire or hire-purchase of the goods; and (b) in relation to services, means the provision by way of sale, grant or conferment of the services; “Minister” means the Minister charged with the responsibility for domestic trade and consumer affairs; “authorized officer” means any public officer or officer of a local authority authorized under subsection 3(6); “Controller” means the Price Controller appointed under section 3; “Assistant Controller” means an Assistant Price Controller appointed under section 3; Price Control and Anti-Profiteering 9 “service” means anything done or to be done including the granting, assignment or surrender of any right or the making available of any facility or advantage, but excludes supply of goods or money; “charge-controlled services” means the services in respect of which maximum or minimum or fixed charges have been determined under section 5; “premises” means any place, stationary or otherwise, established or set up by any person, whether such place is with or without enclosure, and includes vehicles, aircrafts, ships and any other vessel; “Deputy Controller” means a Deputy Price Controller appointed under section 3. Appointment of Price Controller, Deputy Price Controller, Assistant Price Controller, etc. 3. (1) The Minister may appoint, from among public officers, a Price Controller, such number of Deputy Price Controllers and such number of Assistant Price Controllers and other officers as may be necessary for the purposes of this Act. (2) The Price Controller shall, subject to the general direction and control of the Minister, perform the duties imposed and exercise the powers conferred upon him under this Act. (3) The Deputy Price Controllers, Assistant Price Controllers and other officers appointed under subsection (1) shall be under the direction and control of the Price Controller. (4) Except as provided in sections 4, 5, 6 and 7, a Deputy Price Controller may perform all the duties imposed and exercise all the powers conferred upon the Price Controller under this Act. (5) The Price Controller and Deputy Price Controller may perform all the duties imposed and exercise all the powers conferred upon an Assistant Price Controller under this Act. (6) The Minister may authorize any public officer or officer of a local authority to exercise all or any of the powers under this Act. 10 Laws of Malaysia Act 723 (7) All officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Part II DETERMINATION OF PRICES AND CHARGES Power of the Controller to determine prices of goods 4. The Controller may, with the approval of the Minister, by order published in the Gazette, determine the maximum, minimum or fixed price for the manufacturing, producing, wholesaling or retailing of— (a) any goods; (b) any particular class or classes of goods; and (c) any unit or quantity of any goods, which may include charges for any service in relation to the supply, delivery, repair, maintenance, packing, carriage or storage of such goods. Power of the Controller to determine charges for services 5. The Controller may, with the approval of the Minister, by order published in the Gazette, determine the maximum, minimum or fixed charges for— (a) any services; (b) any particular class or classes of services; and (c) any unit or quantity of any services. Power of the Controller to determine prices or charges according to area 6. The Controller, in determining prices of goods or charges for services under section 4 or 5, may determine different prices or charges for different areas in respect of like or similar goods or services. Price Control and Anti-Profiteering 11 Power of the Controller to determine the amount of deposit 7. The Controller may determine the amount of the deposit which any person, selling any price-controlled goods subject to the condition that the container of those goods is to be returned, may require in respect of the container, and may prescribe the amount which that person shall, on the return of the container, refund to the person by whom the container is returned and the conditions subject to which the refund shall become payable. Prices determined to include tax 8. Where prices of any goods or charges for any services are determined under this Part, such prices or charges shall include all government taxes, duties and any other charges. Seller to display list of prices 9. (1) Any person who offers to sell any price-controlled goods or offers to supply any charge-controlled services shall display a list of the prices of the price-controlled goods or the charges for the charge-controlled services in a conspicuous position easily read by any person intending to purchase such goods or services. (2) Notwithstanding subsection (1), if it is not practicable to display the list of prices or charges as required under subsection (1), the list of prices or charges shall be displayed in the manner as determined by the Controller. (3) Any person who fails to comply with subsection (1) or (2) commits an offence. Price marking orders 10. (1) Where it appears to the Minister necessary or expedient that any goods or services which are to be supplied should be marked with or accompanied by any information concerning the prices of the goods or the charges for the services, the Minister may, by order published in the Gazette, impose requirements that the goods or services be so marked with or accompanied by such information and the requirements may extend to the form and manner in which the information is to be given. 12 Laws of Malaysia Act 723 (2) The Minister may prescribe a penalty of a fine not exceeding one hundred thousand ringgit for the contravention of or failure to comply with the provision of the order. *10a. (Deleted). Display of prices or charges to include government taxes, etc. 10b. (1) Where in the course of a trade or business prescribed by the Minister, any person displays, advertises,