Do update me if you guys got latest acts some how in the future.
Wanted - anyone got info about online trading in Malaysia?
CONSUMER PROTECTION ACT 1999 - Everything you should know about selling and buying between supplier, seller and customers.
Long Title & Preamble
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PART I - PRELIMINARY
Section 1. Short title and commencement
Section 2. Application
Section 3. Interpretation
Section 4. Ouster of choice of law
Section 5. Savings for other relevant legislation
Section 6. No contracting out
Section 7. Appointment of Controller, Deputy Controllers, etc.
PART II - MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR
PRACTICE
Section 8. Interpretation
Section 9. Misleading conduct
Section 10. False or misleading representation
Section 11. False representation and other misleading conduct in relation to land
Section 12. Misleading indication as to price
Section 13. Bait advertising
Section 14. Gifts, prizes, free offers, etc.
Section 15. Claim that goods are limited
Section 16. Demanding or accepting payment without intending to supply
Section 17. Future services contract
Section 18. Presumption of liability for advertisement
PART III - SAFETY OF GOODS AND SERVICES
Section 19. Safety standards
Section 20. Compliance with safety standards
Section 21. General safety requirement for goods
Section 22. Defence
Section 23. Prohibition against unsafe goods
Section 24. Prohibition of importation of goods or services
PART IV - OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III
Section 25. Contravention of Parts II and III to be an offence
Section 26. Offence caused by act or default of another person
Section 27. Defence of mistake, accident, etc.
Section 28. Defence of innocent publication of advertisement
Section 29. Power of court to grant ancillary relief
PART V - GUARANTEES IN RESPECT OF SUPPLY OF GOODS
Section 30. Application
Section 31. Implied guarantee as to title
Section 32. Implied guarantee as to acceptable quality
Section 33. Implied guarantee as to fitness for particular purpose 2 of 50
Section 34. Implied guarantee that goods comply with description
Section 35. Implied guarantee that goods comply with sample
Section 36. Implied guarantee as to price
Section 37. Implied guarantee as to repairs and spare parts
Section 38. Manufacturer's express guarantee
PART VI - RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS
Section 39. Consumer's right of redress against suppliers
Section 40. Exception in respect of implied guarantee as to acceptable quality
Section 41. Options against suppliers where goods do not comply with guarantees
Section 42. Satisfaction of requirement to remedy a failure
Section 43. Loss of right to reject goods
Section 44. Failure of substantial character
Section 45. Manner of rejecting goods
Section 46. Consumer's option of refund or replacement
Section 47. Assessment of damages in case of hire-purchase agreements
Section 48. Liability for representation
Section 49. Liability of assignees and financiers
PART VII - RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF
GOODS
Section 50. Consumer's right of redress against manufacturers
Section 51. Exceptions to right of redress against manufacturers
Section 52. Options against manufacturers where goods do not comply with guarantees
PART VIII - GUARANTEES IN RESPECT OF SUPPLY OF SERVICES
Section 53. Implied guarantee as to reasonable care and skill
Section 54. Implied guarantee as to fitness for particular purpose
Section 55. Implied guarantee as to time of completion
Section 56. Implied guarantee as to price
PART IX - RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF
SERVICES
Section 57. Consumer's right of redress against suppliers
Section 58. Exceptions to right of redress against supplier in relation to services
Section 59. Contracts of work and materials
Section 60. Options against suppliers where services do not comply with guarantees
Section 61. Loss of right to cancel contract
Section 62. Failure of substantial character
Section 63. Rules applying to cancellation of contract
Section 64. Effect of cancellation of contract
Section 65. Power of court to grant ancillary relief
PART X - PRODUCT LIABILITY
Section 66. Interpretation
Section 67. Meaning of "defect"
Section 68. Liability for defective products
Section 69. Extent of liability for loss or damage
Section 70. Application of other written law
Section 71. Prohibition on exclusion from liability
Section 72. Defences
PART XI - THE NATIONAL CONSUMER ADVISORY COUNCIL
Section 73. Establishment of the National Consumer Advisory Council
Section 74. Membership of Council
Section 75. Temporary exercise of functions of Chairman
Section 76. Vacation of office
Section 77. Revocation of appointment
Section 78. Resignation
Section 79. Filling of vacancy 3 of 50
Section 80. Secretary to Council and other officers
Section 81. Allowance
Section 82. Council may invite others to meetings
Section 83. Validity of acts and proceedings
Section 84. Regulations relating to the Council
PART XII - THE TRIBUNAL FOR CONSUMER CLAIMS
Section 85. Establishment of the Tribunal for Consumer Claims
Section 86. Membership of Tribunal
Section 87. Temporary exercise of functions of Chairman
Section 88. Vacation of office
Section 89. Revocation of appointment
Section 90. Resignation
Section 91. Filling of vacancy
Section 92. Remuneration
Section 93. Secretary to Tribunal and other officers
Section 94. Public servant
Section 95. No action to lie against Tribunal
Section 96. Sittings of Tribunal
Section 97. Commencement of proceedings
Section 98. Jurisdiction of Tribunal
Section 99. Limitation of jurisdiction
Section 100. Extension of jurisdiction by agreement
Section 101. Abandonment to bring claim within jurisdiction
Section 102. Cause of action not to be split
Section 103. Additional jurisdiction of the Tribunal
Section 104. Exclusion of jurisdiction of court
Section 105. Disposal of perishable goods
Section 106. Notice of claim and hearing
Section 107. Negotiation for settlement
Section 108. Right to appear at hearings
Section 109. Proceedings to be public
Section 110. Evidence
Section 111. Tribunal may act in absence of party
Section 112. Awards of Tribunal
Section 113. Reference to a Judge of the High Court on a question of law
Section 114. Reasons for decision
Section 115. Orders and settlements to be recorded in writing
Section 116. Decisions of Tribunal to be final
Section 117. Criminal penalty for failure to comply
Section 118. Procedure where no provision is made
Section 119. Want of form
Section 120. Disposal of documents, etc.
Section 121. Act or omission done in good faith
Section 122. Regulations in respect of the Tribunal
PART XIII - ENFORCEMENT
Section 123. Power of investigation
Section 124. Authority cards
Section 125. Search by warrant
Section 126. Search and seizure without warrant
Section 127. List of things seized
Section 128. Power to require attendance of person acquainted with case
Section 129. Examination of person acquainted with case
Section 130. Statement to be admissible in evidence
Section 131. Forfeiture of goods, etc., seized
Section 132. Cost of holding goods, etc., seized
Section 133. No costs or damages arising from seizure to be recoverable
Section 134. Protection of informers
Section 135. Reward for information 4 of 50
Section 136. Disappearance or destruction of goods, etc., to be seized
Section 137. Offences with respect to information
Section 138. Obstruction of Assistant Controller
Section 139. Use of confidential information
PART XIV - GENERAL AND MISCELLANEOUS
Section 140. Receipts
Section 141. Power to order compliance
Section 142. Failure to comply with lawful order
Section 143. Offences by body corporate
Section 144. Offences by employees, agents or employees of agents
Section 145. General penalty
Section 146. Compounding of offences
Section 147. Institution of prosecution
Section 148. Jurisdiction to try offences
Section 149. Protection of officers
Section 150. Regulations
TRADE DESCRIPTIONS ACT 1972 - Prohibitions, penalties, etc
Long Title & Preamble
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PART I - PRELIMINARY
Section 1. Short title, commencement and application.
Section 2. Interpretation.
PART II - PROHIBITION OF FALSE TRADE DESCRIPTIONS
Section 3. Prohibition of false trade descriptions.
Section 4. Trade descriptions.
Section 5. False trade descriptions.
Section 6. Applying a trade description to goods.
Section 7. Trade descriptions used in advertisements.
Section 7A. Presumption of liability on advertisers, etc.
Section 8. Offer to supply.
Section 9. Trade marks containing trade descriptions.
PART III - POWERS TO DEFINE TERMS AND TO REQUIRE INFORMATION TO BE GIVEN
Section 10. Definition orders.
Section 11. Marking orders.
Section 12. Information, etc., to be given in advertisements.
Section 13. Provisions supplementary to sections 11 and 12.
PART IV - MISSTATEMENTS OTHER THAN FALSE TRADE DESCRIPTIONS
Section 14. False and misleading indications as to price of goods.
Section 14A. Price deemed to include tax.
Section 15. False representation as to supply or approval of goods or services.
Section 15A. False or misleading statements as to services, etc.
Section 16. Trade mark infringement and passing off action.
PART V - PROHIBITION OF IMPORTATION OF CERTAIN GOODS
Section 17. Prohibition of importation of goods bearing false indication of origin.
PART VI - PROVISIONS AS TO OFFENCES
Section 18. Penalty for offences.
Section 19. Time limit for prosecution.
Section 20. Offences by corporations.
Section 20A. Principal liable for acts of servant or agent. 2 of 19
Section 21. Abetting of offences committed abroad.
Section 21A. Compounding of offences.
Section 22. Taking of samples.
PART VII - DEFENCES
Section 23. Offences due to fault of another person.
Section 24. Defence of mistake, accident, etc.
Section 25. Innocent publication of advertisement.
PART VIII - ENFORCEMENT
Section 26. Appointments of Controller, Deputy Controllers and Assistant Controllers.
Section 27. Power to make test purchases.
Section 28. Power to enter premises and inspect and seize goods and documents.
Section 28A. Statement to be admissible in evidence.
Section 28B. Power of arrest, investigation and prosecution.
Section 29. Obstruction of officers.
Section 30. Notice of test and intended prosecution.
PART IX - MISCELLANEOUS AND SUPPLEMENTAL
Section 31. Exemption.
Section 32. Forfeiture of goods.
Section 33. Goods seized may be delivered to owner or other person.
Section 34. No costs or damage arising from seizure to be recoverable.
Section 35. Savings for civil rights.
Section 36. Country of origin.
Section 37. Market research experiments.
Section 38. Consultation prior to making of orders.
Section 38A. Power of Minister to make regulations.
Section 39. Repeal.
FIRST SCHEDULE [Section 4(4)]
SECOND SCHEDULE - [Repealed by Act A539].
LIST OF AMENDMENTS
This post has been edited by Emily Yee: Aug 10 2009, 01:54 PM
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Jul 29 2009, 07:09 PM, updated 17y ago
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