THE increase in compounds in the amendments to the Prevention and Control of Infectious Diseases Act 1988 (Act 342) were just proposals which will be decided in the Dewan Rakyat, Health Director-General Dr Noor Hisham Abdullah said.

He said the final amount of the compounds would be left to the members of Parliament to decide.

“The bill will be debated by the MPs this Thursday for us to get their views and also their consent.

“So, with regard to the amount, we leave it to the members of Parliament to debate it and decide what is the appropriate amount for individuals as well as for companies,” Noor Hisham said at a press conference in Putrajaya today.

Earlier, Health Minister Khairy Jamaluddin had said that Act 342 must  be amended to allow individual offenders to be compounded up to RM10,000 instead of the RM1,000 currently, while increasing the maximum fines for companies and agencies to RM1 million.

This caused an uproar among politicians and civil society groups who described the compounds as “draconian”.

Opposition leader Anwar Ibrahim said Pakatan Harapan will oppose the government’s amendment bill to increase fines, adding that he had conveyed the decision from the opposition to Prime Minister Ismail Sabri Yaakob.

Act 342, which is used to regulate infectious diseases such as dengue and tuberculosis, prior to Covid-19, currently only limits offences to a maximum fine of RM1,000 and does not distinguish offenders between individuals and companies.

According to Noor Hisham, one of the reasons why the act has to be amended is because it is outdated.

“When Act 342 was drafted in 1988, they did not take into account the pandemic situation but were looking into epidemics.

“So, at that time, the maximum fine was RM1,000 for both individuals and companies.

“Maybe, at the time it (fines of RM1,000) was huge, but now there are mega-companies that make millions and it won’t be fair,” he said.

The health director-general said there are five new provisions and five amendments proposed to Act 342.

Noor Hisham said the compounds imposed on individuals and organisations are clearly spelt out in the amendments.

He said the maximum fines will only be imposed on repeat offenders and those who commit offences on a big scale that may have severe impact.

He added the Parliament select committee will discuss and come to agreement on the rules of Act 342.

“Although the fine we suggest is RM10,000, that is the maximum.

“But the offences will be mentioned in detail in the regulations… for example, the wearing of face masks. Surely we are not going to issue a fine of RM10,000 for not wearing a face mask.

“However, if we don’t amend Act 342 now, then the maximum compound to a multi-million dollar company will only be RM1,000 then it will not be a deterrent because they won’t have an issue paying the compound.”

Among the new provisions proposed under the infectious disease act are section 14A – regarding isolation of infected individuals or those suspected of infection at quarantine centres or placed under home quarantine.

Section 15A permits electronic monitoring devices to track the movements of infected persons or suspected cases who are placed under quarantine.

Meanwhile, the proposed section 21B and 21C empower authorised personnel to enforce regulations including investigations.

Section 22A allows for an organisation or body to be punished for breach of regulations.

Among the amendments to Act 342 are section 10, which makes it mandatory for medical officers to report infections at any premises even in the absence of laboratory tests to confirm suspected infections.

Amendments to section 25 will empower authorised local council officers or from other authorised bodies to issue compounds for offences.

Amendments to section 24, meanwhile, fixes the penalties to be imposed on individuals or organisations.

However, the proposed law still gives the court discretion with regard to penalties imposed on offenders. – December 14, 2021.