CONSUMER PROTECTION ACT 1999

Consumer Protection 1 LAWS OF MALAYSIA REPRINT Act 599 CONSUMER PROTECTION ACT 1999 As at 1 November 2021 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2021 WJW21/1045 Act 599.indd 1 18/03/2022 6:42 PM 2 Act 599 Laws of Malaysia 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 A1598 which came into operation on ... ... ... ... 1 October 2019 Previous Reprints WJW21/1045 Act 599.indd 2 First Reprint … … … … 2001 Second Reprint … … … … 2006 Third Reprint … … … … 2013 18/03/2022 6:42 PM Consumer Protection 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 WJW21/1045 Act 599.indd 3 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 16. Demanding or accepting payment without intending to supply 18/03/2022 6:42 PM 4 Laws of Malaysia Act 599 Section 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. Defence 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 24i. Contravention of Part IIIa to be an offence 24j. Regulations relating to unfair contract terms WJW21/1045 Act 599.indd 4 18/03/2022 6:42 PM Consumer Protection 5 Part IIIb CREDIT SALE TRANSACTIONS Section 24k. Application of Part IIIb 24l. Interpretation for purposes of Part IIIb 24m. Power of Minister to prescribe goods 24n. Preconditions of credit sale agreement 24o. Credit sale agreement to be made in writing 24p. Contents of credit sale agreement 24q. Ownership in purchased goods under credit sale agreement 24r. Rights and obligations of purchaser 24s. Rights and obligations of credit facility provider 24t. Limitation on terms charges 24u. Limitation on period of payment of instalments and charges 24v. Default in payment of instalments by purchaser 24w. Surrender of goods 24x. Restriction on disclosure or circulation of personal data 24y. Prohibition on repossession of goods 24z. Contravention of section 24x or 24y to be an offence 24aa. Regulations relating to credit sale transactions Part IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III WJW21/1045 Act 599.indd 5 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 18/03/2022 6:42 PM 6 Laws of Malaysia Act 599 Part V GUARANTEES IN RESPECT OF SUPPLY OF GOODS Section 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. Manufacturer’s express guarantee Part VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS 39. Consumer’s 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 46. Consumer’s 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 WJW21/1045 Act 599.indd 6 18/03/2022 6:42 PM Consumer Protection 7 Part VII RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS Section 50. Consumer’s 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 WJW21/1045 Act 599.indd 7 57. Consumer’s 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 18/03/2022 6:42 PM 8 Laws of Malaysia Act 599 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 WJW21/1045 Act 599.indd 8 18/03/2022 6:42 PM Consumer Protection 9 Section 84c. Provisions of Schedule to apply to Committee on Advertisement 84d. Regulations relating to the Committee on Advertisement Part XII THE TRIBUNAL FOR CONSUMER CLAIMS WJW21/1045 Act 599.indd 9 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 18/03/2022 6:42 PM 10 Laws of Malaysia Act 599 Section 109. Proceedings to be public 109a. Procedure to be reduced into writing 110. Evidence 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 123a. Complaints to Assistant Controller 124. Authority cards 124a. Power of Assistant Controller to require provision of information 124b. Assistant Controller may retain documents 124c. Access to records 124d. Power to enter premises, and inspect goods and documents, etc. 124e. Power of arrest 125. Search by warrant 126. Search and seizure without warrant WJW21/1045 Act 599.indd 10 18/03/2022 6:42 PM Consumer Protection 11 Section 126a. Warrant admissible notwithstanding defects 126b. Access to recorded information, computerized data, etc. 127. List of things seized 128. (Deleted) 129. (Deleted) 130. (Deleted) 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 134a. Evidence of agent provocateur is admissible 134b. Presumption and examination with regards to sample 135. Reward for information 135a. Tipping-off 136. Destruction, concealment, mutilation and alteration of records, etc. 137. Offences with respect to information 138. Obstruction, etc. 139. Use of confidential information Part XIV GENERAL AND MISCELLANEOUS WJW21/1045 Act 599.indd 11 140. 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 18/03/2022 6:42 PM 12 Laws of Malaysia Act 599 Section 147. Institution of prosecution 148. Jurisdiction to try offences 149. Protection of officers 150. Regulations Schedule WJW21/1045 Act 599.indd 12 18/03/2022 6:42 PM Consumer Protection 13 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 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. 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. WJW21/1045 Act 599.indd 13 18/03/2022 6:42 PM 14 Laws of Malaysia Act 599 (2) This Act shall not apply— (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 o