[UPDATED] GEG bill: committee agrees to reduce fine from RM5,000 to RM500

KUALA LUMPUR – An amendment to the Control of Tobacco Product and Smoking Bill 2022 will now see the proposed maximum fine of RM5,000 – for those born in 2007 onwards who are caught buying or smoking such products – being reduced by tenfold to RM500.

This is among several amendments that are being made to the Bill by the parliamentary special select committee (PSSC) deliberating the matter, following brickbats from lawmakers and the public over the exorbitant fine proposed previously.

In its report that was released yesterday, the committee said the changes will affect Sections 13(4) and 17(2) of the bill, which stipulate the fine amount.

According to the bill, Section 13 outlaws any person born from January 1, 2007 onwards from purchasing any tobacco or related products, while Section 17 prohibits them from smoking these products.

As a replacement, the committee proposed that those found guilty be ordered to undergo community service.

It also recommended that those caught smoking shall not be imposed a fine for the first three years of the commencement of the act, and that enforcement will be done on an educational basis during this period.

On a similar note, the committee agreed to impose a RM500 fine and community service to those found selling tobacco products to persons born in 2007 onwards, in place of the currently proposed maximum fine of RM10,000 and two years of imprisonment. 

The PSSC, which is chaired by Health Minister Khairy Jamaluddin, also agreed to drop Section 17(1)(c), which criminalises possession of tobacco products, and any other subsections in relation to possession from the bill.

Separately, the committee agreed that enforcement will only be limited for the purpose of manufacturing, packaging, storing, supplying and selling of the products, while authorities are barred from entering homes for the purpose of enforcement, which was previously allowed. 

A new provision will also be included in the bill for the a periodic report to be prepared to study several pertinent aspects of the new law. 

In its report, the PSSC agreed that the implementation of the generational endgame (GEG) is not inconsistent with the federal constitution, as expressed by certain quarters, after obtaining the views of legal experts. 

In this regard, it said that the provision to outlaw the smoking of tobacco products will remain in the bill. 

The GEG Bill is currently included as item number four in today’s Dewan Rakyat order paper. It is unclear if it will be debated and passed in today’s sitting. – The Vibes, October 6, 2022