KKM just confirmed that the law enforcing COVID-19 SOP and fines is still valid, and is not related to the Emergency Ordinance.
Here is what you need to know…
Malaysia Extends COVID-19 Law + Fines To December 2021!
On 21 July 2021, the Malaysia Minister of Health, Dr. Adham Baba issued an extension to the Prevention and Control of Infectious Diseases (Declaration of Infected Local Areas) Order 2020.
Gazetted on 22 July 2021, this order extends the powers conferred by Section 11 of the Prevention and Control of Infectious Diseases Act 1988 [Act 342] from 2 August 2021 until 31 December 2021.
KKM : Law Enforcing COVID-19 SOP Valid, Not EO-Related
When the extension was announced, there was some confusion over whether it was valid, as the Emergency Proclamation was allegedly revoked on 21 July 2021.
On 31 July 2021, the Malaysia Ministry of Health (KKM) clarified that the extension order was made under the Prevention and Control of Infectious Diseases Act 1988 [Act 342].
Subsection 11(1) of Act 342 allows the Minister of Health to declare that there is an outbreak of an infectious disease in any area.
He can then prescribe measures to be taken to “control or prevent the spread of any infectious disease within or from an infected local area“.
The order was meant to extend the infected local area declaration that was first enforced on 18 March 2020, with a new extended period of 2 August until 31 December 2021.
Under the order, all states and federal territories in Malaysia are considered as “infected local areas”.
KKM explained that this is different from the Emergency Proclamation that was declared under Article 150 of the Federal Constitution, which allowed the Agong to declare an Emergency across Malaysia from 11 January until 1 August 2021.
Revoking the Emergency Ordinance will not impede or affect the powers of Act 342.
No Changes To Current COVID-19 Law + Fines In Malaysia
The new order only extends the current COVID-19 law and fines to 31 December 2021.
There is no change to the law, or the fines announced previously, but let’s do a quick round-up of what was announced earlier.
On 25 February 2021, the Malaysian government introduced amendments to the law that increased fines for non-compliance with COVID-19 measures :
- Individuals who commit an offence : Up to RM 10,000
- Companies that commit an offence : Up to RM 50,000
- Possible additional penalties : Up to 50,000 and/or up to 6 months imprisonment
- Offences, for which no penalty is expressly provided : Up to RM 100,000 and/or up to 7 years imprisonment
The Act was also amended to allow the government to order a person to wear a “tracing device”, also known as a tracking device.
These changes came into effect on 11 March 2021, and will continue to apply until 31 December 2021.
Read more : Malaysia Announces COVID-19 Fines Of RM10K ~ RM100K!
Read more : National Recovery Plan Phase 1 SOP : 19 July 2021 Edition
Read more : National Recovery Plan Phase 2 SOP : 19 July 2021 Edition
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