KUALA LUMPUR: The Control of Tobacco Product and Smoking Bill, also known as tobacco generational endgame (GEG) law, aimed at snuffing out smoking habit and protecting the health of Malaysians, was tabled at the Dewan Rakyat today.
Tabled for the first reading by Health Minister Khairy Jamaluddin, the law will apply to those born in 2007 onwards, and not 2005 as initially proposed.
"The second reading (debate) and third reading will be done in this meeting," he said.
If passed, Malaysia will not only ban smoking but also prohibit the ownership of tobacco and vape products by those born in 2007 onwards.
The Bill is divided into 12 parts with 55 clauses.
Section 13 of the proposed Act (in Part Four on control of sale) comprises prohibition of tobacco product sale or services for smoking to individuals born on Jan 1, 2007 onwards and penalties.
The first offence carries a maximum penalty of RM20,000 fine and one years' jail for individuals; and RM100,000 fine and two years' jail for a corporate body.
For the second or subsequence offence, an individual could face a maximum RM30,000 fine and two-year imprisonment, while a corporate body face a maximum RM300,000 fine and three-year imprisonment.
The Bill reads: "No person who was born on Jan 1, 2007, onwards shall purchase any tobacco product, smoking substance, substitute tobacco product or smoking device (under Section 13(3)).
"Any person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding RM5,000," it reads.
Part Six covers prohibition of smoking in non-smoking area or place, with offenders facing a RM5,000 maximum fine each.
Under Section 17, individuals born in 2007 onwards are prohibited from smoking any tobacco product, substitute tobacco product or use any smoking device.
The offence carries a maximum of RM5,000 fine.
Building owners and occupiers have a duty to display no-smoking sign and prohibited from providing "smoking equipment, facilities or any method intended to encourage any person to smoke".
They shall take all reasonable measures to prevent any person from smoking in the building or vehicle, or at the place or area. Those found violating the subsection are liable to a fine of up to RM5,000.
The health minister will be allowed to appoint any person as an analyst and approve laboratories to implement certain provisions in the Act.
Any approved laboratory shall be issued with a certificate of approval, which in any legal proceedings under this Act, shall be admissible in evidence as prima facie proof of the facts stated in the certificate.
Part Nine of the proposed act deals with provisions relating to enforcement.
"An authorised officer shall have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code (Act 593) in relation to investigation," reads Section 25 of the Bill on power of investigation.
Section 30 allows the authorised officer to open any baggage, package, or any other container and may examine any tobacco product, smoking substance, substitute tobacco product, smoking device or their imitations.