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LAWS OF MALAYSIA ACT 87 TRADE DESCRIPTIONS ACT 1972 [REPRINT - 1999] Incorporating latest amendment - Act A880/1994 Date of Royal Assent : 26th September1972 Date of publication in the Gazette : 30th September 1972 Date of coming into operation: 3rd November 1972 [P.U.(B) 442/72] _____________ ARRANGEMENT OF SECTIONS _____________ Long Title & Preamble 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. 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 REGULATIONS