Section 1
(2)
These Regulations come into operation on 10 January 2023.
Compounding of offences
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Quick answer
Gas Supply Compounding Offences Regulations 2023 is Malaysia State Subsidiary Legislation, cited as State Subsidiary Legislation 2023 2023, currently marked in force and first recorded in 2023.
Opening note
These Regulations come into operation on 10 January 2023.
Compounding of offences
A person who accepts an offer to compound shall furnish payment for the compound by using Form 2 of the Schedule.
Payment of compound
The payment under subregulation (1) shall be delivered personally or send by registered post to the address specified in the notice of offer to compound.
Notwithstanding subregulation (1), the person to whom the offer to compound an offence is made may make payment by electronic means as determined by the Commission from time to time.
A receipt shall be issued for every payment received under subregulation (1)
or subregulation (3) to the person to whom the offer to compound is made.
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Offer to compound before institution of prosecution
Where the amount of money stated in the notice of offer to compound is not paid within the time specified in that notice, or any extension of time as may be granted, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made without any further notice.
Service of notice of offer to compound by post
Where a notice of offer to compound is served by prepaid registered post, the notice shall be deemed to have been delivered at the time when it is delivered in the ordinary course of posting.
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Form 1
[Subregulation 2(1)]
NOTICE OF OFFER TO COMPOUND OFFENCES
When replying please quote:
Reference No.: ……………….………
Date :…………………….……………
To:
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
Sir/Madam,
A complaint has been made against you stating that you are reasonably suspected of having committed an offence under the Gas Supply Enactment 2023 with the following particulars:
Relevant provision of the law: ……………......…………………………………
Date: ………………………….. Time. ...................................... a.m. / p.m.*
(c)
Place: ………………………………………………………………………………
Particulars of offence:
…………………………………………………………………………………...
…………………………………………………………………………………..
…………………………………………………………………………………..
2. You are informed that by virtue of the power vested in me by subsection 63(1)
of the Gas Supply Enactment 2023, I hereby offer to compound the offence for the sum of RM .........................(Ringgit Malaysia............................................).
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3. If this offer is accepted, payment should be made by money order, postal order, cashier’s order, banker’s cheque or bank draft made payable to the Chairman of the
Energy Commission and crossed with the words “Account Payee Only” and may be delivered personally or send by prepaid registered post at the following address:
………………………………………………………………………………………………
………………………………………………………………………………………………
…………………………….............................………………………………………………
4. Payment can additionally be made via electronic means through methods as determined by the Commission from time to time.
5. An official receipt will be issued on receipt of payment.
6. This offer to compound remains in force until……………………….and if there is no reply received on or before that date, prosecution proceedings will be instituted against you without further notice.
Date: ……………………………
…………………………………
Chief Executive Officer
Energy Commission of Sabah
*Delete whichever is inapplicable.
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FORM 2
[Subregulation 2(2)]
ACCEPTANCE OF OFFER TO COMPOUND OFFENCES
Report No.:…………….................……….
To:
Chief Executive Officer Energy
Commission of Sabah
I refer to the notice of offer to compound offences bearing the reference number ……………
dated …………………………..
2. I accept the offer and enclose herewith is money order/postal order/cashier’s order/
banker’s cheque/bank draft* No. for the sum of RM………………….
(Ringgit Malaysia: ........................................................................................................... )
as full settlement of the sum stipulated in paragraph 2 of the notice of offer.
Signature ………………………………….……
Name: ………………………………………….
(In capital letter)
Date:……………………….....…
*Delete whichever is inapplicable.
Identity Card Number: …………………...…….
Address:………………………………………...
………………………………………………….
………………………………………………….
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Made this 10 January 2023.
DATUK SERI PANGLIMA HAJI HAJIJI BIN HAJI NOOR,
Chief Minister of Sabah.