20. Regulations

(1)

The Minister may, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, make such regulations which are necessary or expedient for giving effect to and carrying out the provisions of this Act, including the prescription of any fees or other thing required to be or which may be prescribed under this Act, and for the due administration thereof.

(2)

Without prejudice to the generality of subsection (1), the Minister may make regulations —

(a)

exempting any class of supplier or any class of goods or services or transactions from the application of this Act or any provision of this Act, and imposing conditions for that exemption;

(b)

modifying the application of any provision of this Act to any class of supplier or any class of goods or services or transactions;

(c)

controlling or prohibiting any practice in relation to any consumer transaction;

(d)

prescribing information or notices that must be provided to consumers by suppliers with respect to any consumer transaction;

(e)

prescribing the form or terms of contracts to be used in any consumer transaction and any information to be contained therein;

Consumer Protection

(Fair Trading)

(f)

requiring suppliers to maintain books, accounts (including trust accounts) or records in relation to any consumer transaction, and prescribing the form and mode of keeping such books, accounts and records;

(g)

prescribing or adopting, with or without modification, codes, standards or rules governing the conduct of suppliers engaged in any consumer transaction;

(h)

prescribing the rights and obligations of parties in relation to a consumer transaction involving any practice regulated under this Act or any regulations made thereunder, including the right to sue for the purpose of enforcing such rights or obligations in circumstances specified therein;

(i)

specifying limitation periods for any action under this Act or any regulations made thereunder;

(j)

specifying, for the purposes of section 7(1)(d), actions under provisions in any regulations made under this section;

(k)

modifying the application of section 6(2), in relation to any class of supplier or any class of goods or services or transactions, where multiple actions involving the same unfair practice are commenced under section 6(1) by the same consumer.

Consumer Protection

(Fair Trading)

Terms defined in s 2

consumer
Defined · s 2
“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
Open s 2
consumer transaction
Defined · s 2
“consumer transaction” means — (a) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or (b) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
Open s 2
goods
Defined · s 2
“goods” means — (a) any personal property, whether tangible or intangible, and includes — (i) chattels that are attached or intended to be attached to real property on or after delivery; and Consumer Protection (Fair Trading) (ii) credit, including credit extended solely on the security of land; (b) any residential property; or (c) a voucher;
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Minister
Defined · s 2
“Minister” means the Minister responsible for the administration of this Act;
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services
Defined · s 2
“services” includes — (a) a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property; (b) a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners; (c) the right to use time share accommodation under a time share contract;
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supplier
Defined · s 2
“supplier” means a person who, in the course of the person’s business — (a) provides goods or services to consumers; (b) manufactures, assembles or produces goods; (c) promotes the use or purchase of goods or services; or (d) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
Open s 2
unfair practice
Defined · s 2
“unfair practice” means an unfair practice within the meaning of section 4;
Open s 2

20. Regulations

Terms defined in s 2

Schedules