Malaysia

Parliament considers up to RM1 mil penalty for Covid-19 SOP violations

Individuals who flout rules could face RM10,000 fine

Updated 4 years ago · Published on 14 Dec 2021 6:35PM

Parliament considers up to RM1 mil penalty for Covid-19 SOP violations
Presently, both individuals and corporate bodies are subjected to a maximum penalty of only RM1,000 for breaking Covid-19 standard operating procedures. – The Vibes file pic, December 14, 2021

by Amar Shah Mohsen

KUALA LUMPUR – The government has tabled a proposed amendment to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) that will see the compound for violation of standard operating procedures (SOPs) significantly increased.

Under the amendment bill, individuals who flout government SOPs will be subject to a maximum RM10,000 fine, while companies that do the same face up to a whopping RM1 million compound.

Presently, both individuals and corporate entities are subjected to a maximum penalty of only RM1,000.

The amendment bill was tabled for the first reading by the deputy health minister in the Dewan Rakyat today, while the second reading is expected this Thursday.

Speaking at a hybrid press conference this evening, Health Director-General Tan Sri Dr Noor Hisham Abdullah said the amendment is necessary to act as a deterrent against offences that could lead to a spike in disease infection.

This is particularly relevant since the emergency ordinance – which previously allowed the government to issue compounds up to RM50,000 – was revoked following the cessation of the emergency declaration.

Dr Noor Hisham said the timing of the bill’s tabling is appropriate, given the emergence of the more transmissible Omicron Covid-19 variant, and that the current Dewan Rakyat sitting will end this Thursday.

“We no longer have the power of the emergency ordinance to impose harsher penalties, and now we have to rely on the 32-year-old Act 342 for enforcement and action,” he said today.

“Back in 1988, the RM1,000 fine may be sufficient, but today, RM1,000 is meagre particularly for larger corporations. That is why we must implement the amendments so there will be better adherence.”

Dr Noor Hisham explained that while the proposed amendment would impose a maximum compound of RM1 million, this will be reserved for repeat offenders and large-scale cases with maximum impact to society.

He said that aside from the compound, details for specific offences will be elaborated in a yet-to-be finalised regulation.

“For instance, we won’t be issuing a RM10,000 compound fine for failing to wear a face mask. We will suggest to the parliamentary select committee on the regulation and the appropriate rates of compound.”

According to Dr Noor Hisham, the Health Ministry will also consider allowing a 50% discount for individuals who clear their compounds within two weeks of issuance, as currently practised.

Other than the two proposed amendments to increase the maximum compound amount and to impose a fine for general penalties, the bill also seeks to introduce five new provisions and three other amendments.

These include authorising certain individuals to issue any order to any infected person to wear or use a tracking device, and granting power to the director-general to issue orders to any person to take measures to prevent and control any infectious disease.

If passed, the amendments will also allow authorised officers to conduct investigations under the act and require any person to furnish any information relating to the prevention and control of infectious diseases.

Dr Noor Hisham said the proposed amendments will ensure continuity of enforcement as provided under the emergency ordinance previously and give Act 342 more bite in controlling the spread of infectious diseases like Covid-19. – The Vibes, December 14, 2021

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