KUALA LUMPUR – Nine major commercial associations have come together to collectively express their support and relief at the withholding of the amendments to the Prevention and Control of Infectious Diseases 1988 (Act 342).
They claimed that the proposed amendments, which would have brought about “unreasonable fines for non-compliance”, had caught all parties by surprise as no consultation whatsoever was conducted with the stakeholders prior to the bill’s drafting.
They said that they welcomed the decision to postpone the tabling to the next Parliament session as they believe the amendments can be improved further.
The statement was issued today by the Building Management Association of Malaysia, Bumiputera Retailers Organisation, Industries Unite, Malaysia REIT Managers Association, Malaysia Retail Chain Association, Malaysia Retailers Association, Malaysian Association of Theme Park and Family Attractions, Malaysia Shopping Malls Association, and the Real Estate and Housing Developers Association.
They urged for a comprehensive review to the amendments made to the bill, characterising the fines to be tabled as “harsh”.
“To date after the withholding of the bill for further review, no consultations have yet been forthcoming.
“We therefore suggest that these amendments be thoroughly studied through consultations with all stakeholders under the Good Regulatory Practice Regulations, and the requisite and due process of Regulatory Impact Assessment be conducted thoroughly.
“We propose that this bill be withdrawn to conduct this requisite process,” they said in the statement.
In addition, they said that some of the proposed amendments are considered irrelevant as both the pandemic and the understanding of it are constantly changing.
They especially disagreed with the use of hefty fines, adding that regulations should be created based on fairness, equity, and practicality, and must be unambiguous.
Moreover, they said, the harsh regulations would only result in fear among the public, which could lead to a domino effect of further problems.
“Good regulations must be perceived by the public as necessary, fair, and reasonable, for the good of the community and nation,” they said, adding that “draconian and abusive regulations” would cause a political backlash and create a hateful and rebellious citizenry.
Describing the proposed penalties as “totally overkill and draconian”, they said that these would not only put undue fear in the people, leading to dampened enthusiasm for their daily lives, but also injure the viability of businesses, leading to failures, bankruptcies, and national economic disaster.
“Hefty fines encourage abuse and corruption and will spur underground activities and protection rackets,” they said.
The implementation of the amendments would see an increase in the maximum compound on individuals and corporate organisations that violate the law.
It involves an increase in compound fine from RM1,000 to RM 1 million for corporate bodies and an increase to RM10,000 for offences by individuals. – The Vibes, January 19, 2022
