What are the key penalty changes in the Act 342 amendments?

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Key Penalty Changes in the Act 342 Amendments

The amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) introduce revised penalty structures for offences, particularly concerning compound fines and general penalties for individuals and corporations. These changes aim to address perceived inadequacies in the existing Act, which were highlighted during the COVID-19 pandemic.
Revisions to Compound Fine Limits

Initial proposals for compound fines set a maximum of RM10,000 for individuals and RM1 million for corporations. However, these figures were subsequently revised. As of December 16, the proposed maximum compound fine for corporations was lowered to RM500,000, and for individuals, it was set at a maximum of RM1,000. The Ministry of Health (MOH) intends to implement a three-tiered penalty system for compound fines, with the specific amount determined by the severity of the offence.
Adjustments to General Penalty Provisions

The draft amendment to Section 24, concerning the general penalty for offences where no specific penalty is outlined, initially proposed a maximum fine of RM100,000 or seven years' imprisonment, or both, for individuals. In response to public concerns, this was adjusted to a maximum of RM2,000 in fines or two years' imprisonment, or both, for individuals. For corporations, the proposed penalty under this general provision is a fine not exceeding RM2 million.
Modifications to Section 31 Penalties

Amendments to Section 31, which pertains to the Minister of Health's power to make regulations, originally suggested that violations of these regulations could incur a fine not exceeding RM50,000 or two years' imprisonment, or both. This has been adjusted to a maximum of RM1,500 or two years' imprisonment, or both, for individuals. For corporations, the maximum fine under Section 31 is set at RM1 million. It is important to note that, with the exception of compound fines, other penalties are determined by the Courts following a trial.

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What are the key penalty changes in the Act 342 amendments?

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