JUE 100 ENGLISH

¹Ministry of Domestic Trade and Consumerism are to enforce nine acts consist of Price Control Act 1946, Control of Supplies Act 1961, Hire Purchase Act 1967, Weights and Measures Act 1972, Trade Descriptions Act 1972, Copyright Act 1987, Direct Sales Act 1993, Consumer Protection Act 1999 and Optical Discs Labeling Act 2000. In addition there are ancillary tasks required such as Counter Station, supervision and monitoring of Perai Port as well as inspection program of nanotag for diesel.

¹Counter station

I begin my tasks at the counter at 8.00 am. As a counter officer, I am required to monitor the present of the entire officer for the respective day by checking the punch card. Besides that, I am responsible in handling all complaints from the walk-in customer as for example, petroleum licensing, price tag, piracy cds, all fraud involving consumer case, get rich quick scheme, expired date stamping for the weighing tools, fakes services and other types relevant to the consumerism matters. In addition, I am also responsible for the Consumer Claim Tribunal whereas all the process for the complaint is done by me. The counter closed at 5.00 pm on working days.

¹Static Operation at Perai Port.

¹I begin my task at 7.00 pm together with another officer. A total of two officers in place at the port at one time. The main function for stationing the officers is to ensure the port is monitored and supervised for any type of legal activities taking place. Legal activities means any controlled item or controlled goods is downloaded to the ship by the permission of the officer in charge. Usually, my job is to check the invoice for delivery. If the transaction is illegal then I am ordered to investigate to prevent any smuggling or fraudulent delivery. Besides that, I am also involved in running a random chemical test for diesel in a process we call checking the nanotag “mark” of MTK-02 chemical present for petroleum liquid. If the chemical do present, then I am ordered to further investigation into the matters. The job ended at 12.00 pm.

¹Inspection program of nanotag for diesel

¹Misuse and smuggling of diesel oil resulted in huge losses to the government over recent years. As a result, the government has introduced a marking program on diesel fuel from April 2006. Core chemicals Sdn Bhd have been appointed to running a chemical test for especially diesel oil. I am accompany by the Core chemicals Sdn Bhd officers during taking sampling of diesel oils. The duty for inspection and tested sampling done by the core chemicals officers. The task starts at 8.00 am. The selected premises for routine test are factories for various of business. If the result of testing is positive which mean the chemical for marking the subsidized diesel present, then I am ordered to investigate the situation and might taking action under the Supply and Control act 1961. The duty ended at 5.00 pm.

²I worked with the Ministry of Domestic Trade and consumerism as Assistant Enforcement officer. My job requested me to report all my responsibilities to Head of branch Enforcement Officer everyday. Besides writing reports for daily, weekly and monthly, I am also involved in scheduled operation or ad hoc operation by the branch office. As an enforcement officer, I am tied to the law based on acts that have been enacted under the ministry. At the same time, I am also monitoring and supervising enforcement officer designated under me.

²For the time being, I am responsible for the act namely, Supply Control Act 1961, Hire Purchase Act 1967 and Weight and Measures Act 1972. In other words, I am responsible to take action against all offences under those acts by conducting an investigation to gather evident, and assist the prosecutor to charge them in court later on.

²Supply Control Act 1961

²Supply control Act 1961 passed by parliament in 1961 and came into enforcement in Peninsular Malaysia on July 1, 1963. As a matter of fact, Sabah and Sarawak, the act came into enforcement on March 5, 1964. The objective of this act is to supervise the supply for controlled items. What is controlled item? Control item is actually household used such as sugar, flour, cooking oil and several more items which government take note only during festive period in Malaysia. Nevertheless, why government needs to control the items stated above? This is to ensure no misused or any kind of offence affecting the supply in the country; to stabilize the quantity of controlled item in the market and protect the consumer by the supply and demand structure. Types of offence can be found as possession of controlled item without license, failing to display license, excessive stocks, in possession of controlled item not at the supposedly location in the license and failed to update stock books. The fines are in accordance with section 22 (1) Supply control Act 1961. For the individual offence, for the first time, fine of not more than RM100,000 or imprisonment not exceeding three years or both; and fines of not more than RM250,000 or jailed not more than 5 years or to both; for second time and subsequent offenses. while for the company or Corporation, a fine of not more than RM250,000 for first offense, a fine of not more than RM500,000 for second and subsequent offenses.

²Hire purchase Act 1967

²Hire purchase Act 1967 enforced to control the selling and renting nature and content agreement, the rights and responsibilities of all parties involving the lenders and the finance companies, making other provisions related or 'incidental'. This Act covers both new and used vehicle. Common offenses committed are conducting a full loans, taking deposits of more than 1% before the loan is approved, no deposits, failed Puspakom tests, application forms are incomplete or empty, and failed to return the deposit if the pre-application fails. The fines are in accordance with section 46 Hire purchase Act 1967, for the individual case, fine of not more than RM25,000 or imprisonment not exceeding three years or both; for the first offense and fines of not more than RM50,000 or imprisonment not exceeding five years or both; for second and subsequent offenses. However for the company or corporation case, a fine of not more than RM100,000 for first offense, a fine of not more than RM250,000 for second and subsequent offenses.

²Weights and Measures Act 1972

²Weights and Measures Act 1972 were gazetted on 30 March 1972 and became effective on January 1, 1981. The Government has given a 10-year transition period to allow all parties involved to make adjustments and changes to fully understand this Act. This Act enforced to ensure only the units of measurement in the International System of Units (SI) or metric units are currently in use in the country, to ensure all weighing and measuring instruments used for commercial purposes to meet specifications set by the government, verified tools, the measurement tools have been verified by the Verification Officer by stamping, and regulating all manufacturers, repairers and sellers of equipment through the licensing. Common offenses are no stamping from the authority party, modifying the weighing and measuring tools illegally and expired stamping. The selected fines include under Section 28 (2) Weights and Measures Act 1972; A fine of RM1,000 or 6 months imprisonment or both for weighing and measuring errors with no verification or stamping and Under Section 20A (1) (c) Weights and Measures Act 1972: A fine of RM4,000 or 3 years imprisonment or both on offense of modify the authentication mark.

²In conclusion, my job responsibility is to ensure the law is followed accordingly, the penalties is imposed to those who break the law and holds the trust given by my employer to myself to protect the consumer. In addition, to educate consumer the content of the respective acts to provide good understanding and awareness among them.

³My name is Suriana Isa and I am the third writer. I will explain three (3) from nine acts (9) that is enforced by enforcement division. Act that I can share here is Consumer Protection Act 1999, Direct Sales Act 1993 and Trade Descriptions Act 1972. All these three acts are equally essential in protecting consumer from irresponsible traders or business entities. I will explain further on that these acts by dividing it into three different paragraphs.

³Consumer Protection Act 1999

³Consumer Protection Act 1999 is an act that holds allocation for consumer protection, Council of National Advisor for Consumer, Small Claims Tribunal and for other matters on consumer protection. This act will be used in the event of price perplexity. As for example, when users buy any product that has different price tag labelled at the rack and labelled on the product. Such state can be invoke an action under Section 12(1) (a) under Consumer Protection Act 1999 namely on offence of misleading price. The action will be to confiscate the product to carry out further investigation and the shop owner of the premis can be compounded or fined if convicted.

³What is Direct Sales Act 1993

³What is Direct Sales Act? This act is an act to monitor and promote healthy direct selling business development. It was enforced in 1993 and was aimed to licensing direct selling business and controls the industry including matters related to it. It was also put in place to deter from unhealthy and unethical modus operandi such as collecting deposit without producing product, inferior product or selling products that are health hazards, promoting pyramid or quick rich scheme. Direct selling under Malaysian Law will have the meaning as promoting a product or service by means of ‘door to door’ or/and by 'postal order' or making phone calls. Sales by ‘door to door’ means meeting people that are prepared to do contract as buyer for products or services at their place or appointed place of meeting. Direct selling industry is mushrooming quickly and is one of the fastest growing business models in Malaysia. Its success in providing business opportunity or as an additional income to Malaysians cannot be denied. Nevertheless, it must be controlled from turning to become an opportunity to reap profit through illegal methods such as pyramid schemes or any schemes that are unethical. Furthermore, it is also important in educating consumers on how to use their rights and making wise decisions before engaging in any contract or agreeing to buy. As in conclusion, Direct Sales Act 1993 was enforced to protect consumer rights and to monitoring the development of the industry in Malaysia.

³Trade Description Act 1972

³Trade Description Act 1972 was an act to consolidate the laws that will provide provisions prohibiting miss description of goods and miss description of prices in course of trade. It was also enforced to protect business entities that carry their own trademark or trade description that is used as a brand in business. Among the example of these trademarks are Coca-Cola, Levi’s, Pepsi, Coach, Luis Vitton and other brands. The intent is to protect Malaysia’s competition edge in attracting foreign direct investment into Malaysia by offering protection to their brands from counterfeit products and services.  This act also controls ‘cheap sale’ or any sale that indicated price slash with intend to promote fair and transparent sale. It is paramount to tourism industry to have a genuine product for sale in order to attract visitors and same impact on Malaysians to have a genuine bargain for their money. Random inspection will be conducted at premises offering cheap sale. If random inspection founded out that said dealer failed to display cheap sale notice, action will be taken on said dealer under Rules 3(1) Trade Description Order (Cheap Sale Price) 1997 namely because of failure to give a notice to Controller before promoting a sale.

⁴I worked with the Ministry of Domestic Trade and consumerism for the Seberang Perai Tengah branch at enforcement division as enforcement officer. I have been in this position for five years. My prime task is to enforce nine acts under the domestic trade ministry. Among those are Price Control Act 1946, Optical Disc Act 2000 and Copyrights Act 1987. Under those act, by jurisdiction of law, I am appointed as Controller Assistant which is included the investigation and raiding officer. Sometime, operation leads by raiding officer. As a raiding officer, the main task are to plan the operation in order to gain success by ensuring precise information, team member participation, logistic and time management. This is because without the proper preparation, operation would not be able to be executed successfully. Usually, the information comes from the public sources or internal resources by intelligent unit. The source of information is very important so that no time wasting and money if the operation is unsuccessful.

⁴Planning is important for operation because good plan will resulted in success while bad plan will causing the government a massive lost in terms of money and time consuming. Planning should be discussed during short briefing with all the team members playing the role of photographer, drawing artist, exhibits monitoring, driver and vehicles. The member selected for the respective task will ensure the role is to be comply. After everything is in order, the next step was to locate the target for the operation. The target area should be wisely stationed by the team members surround the area. Furthermore, the lead officer will determine the status of the target. If the time is right, the team will react instantly and directed to the possible crime scene after receiving the signal from the team leader. First foremost is to show the authority card upon raiding and explain the reason of the operation to the suspect. A thorough check up will be conducted and the subject matter of the case should be found in order to charged the suspect later on. If the case exist and subject matter of the case is found within the target premis, the raid officer will produced a check up form and sealed form to the person in charge at the target location for acknowledment of raiding taking place. The selected officer will conduct further investigation by taking photo, counting and checking the exhibits, drawing a location plan and so on. After all the procedure is done, a copy of both forms will be given to the suspect and a police report is to be lodge.

⁴Exhibit would be kept at the store. In addition, after the filecase is ready, only then the exhibits shall be passed up to the investigation officer for further clarification and investigation.

⁴But sometimes, the plan of operation failed because of certain reason. Namely, tonto's who is monitoring the enforcement officer while conducting their duty. Tonto's is actually the "informer" for the crime suspect. They will be notified or seen at the specific location or hotspot where they can inform their partner in crime about the present of enforcement officer.

⁴Enforcement job is very challenging as compared to others job but this duty requires to stand by mentally and phisically anytime needed if operation is going to be conducted at anytime within 24 hours a day.

⁴Price Control Act 1946

⁴Price control act was firstly introduced in the year 1946 through the no.26 ordinance at the same year. The main objective of this act is to control the price of goods. The control means associated with the controlled articles defined in the acts to ensure the consumer will not be pressed for higher price set by the seller of goods. Control price is always taking place during festive season because this is the selected time where demands are higher than supplies. Seller always takes advantage to gain higher profit during the festivals. The act can help government stabilized the price and force the seller to follow the law stated under the act and control the supply of goods in the market. Common offence such as price tag absent, failed to display price tag label on the goods and also selling exceeds the maximum price list. For this offence, fine of not more than RM15,000 or imprisonment not exceeds two years or both for individual for the first offense; a fine of not more than RM25,000 or imprisonment not exceeding five years or both for the second offense. However for the company or corporation a fine of not more than RM25,000 for first offense, a fine of not more than RM50,000 for second and subsequent offenses.

⁴The Optical Disk Labelling Act 2000

⁴The optical disk labelling act passed the parliament in 2000 through act 606. This act was specially come into enforcement of licensing and controlled-monitored factories producing the optical disk. The main reason was to disallowed factories from producing illegal copies of optical disk. Usually, the disk produce would have a signature of the factory in terms of serial number and unique identification of material used. This is procedures used by the entire factory before producing any optical disk in order for controlled reason by the enforcement division. Common offence is no license and using fake identication. For this offence, fine of not more than RM500,000 for the first offense; a fine of not more than RM1,000,000 for the second offense.

⁴The Copyrights Act 1987

⁴The copyrights act enacted in 1987 after obtaining the consent of The King on the advice of the people of the Hall and of the Senate. The main purpose of this act is to protect the copyright owner of Exclusive Rights of the Creator to protect paper-specific work with reproduction and use of the work. Among the works that are protected under this act is the work of literature, music of art, film and soundtrack works. This act is synonymous with piracy. It is important because it can encourage investment and increase income for our country by protecting copyright holders mostly comes from abroad. Common offence is under Section 41(1)(b) is to owned other than a domestic or private use and Section 41(1)(d) which is selling, renting, by exposing or offering for sale or rent of any infringing copies. For an offense under this act shall be a fine not exceeding RM10,000 for each infringing copy or imprisoned not more than 5 years or both, and for the second offense may be a fine not exceeding RM20,000 for each infringing copy or imprisoned not more than 10 years, or both.

References :

Board of Law Research (2010) Direct Sales Act 1993 ( Act 500 ) And Regulations : International Law Book Services.

Board of Law Research (2010) Weights and Measures Act 1972 ( Act 71 ) Regulations and Order : International Law Book Services.

Board of Law Research (2006) Price Control Act 1946 ( Act 121 ) And Regulations : International Law Book Services.

Board of Law Research (2010) Hire Purchase Act 1967 ( Act 212 ) And Regulations : International Law Book Services.

Board of Law Research (2008) Optical Discs Act 2000 ( Act 606 ) And Regulations : International Law Book Services.

Board of Law Research (2009) Trade Description Act 1972 ( Act 87 ) Regulations and Order : International Law Book Services.

Board of Law Research (2008) Control of Supplies Act 1961 ( Act 122 ) Regulations and Order : International Law Book Services.

Board of Law Research (2010) Copyrights Act 1987 ( Act  332 ) Regulations and Order : International Law Book Services.

Board of Law Research (2007) Consumer Protection Act 1999 ( Act 599 ) And Regulations : International Law Book Services.