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satisfied that the mandatory standard is no longer consistent with all the
matters listed in paragraphs 105(1)(a), (b) and (c).
(2) Any modification or variation of a mandatory standard under
subsection (1) shall be deemed to be a new standard for the purposes of this
Chapter and shall be subject to the provisions of this Chapter.
(3) If a new mandatory standard deals with the same standard as an
existing mandatory standard, then the existing standard is taken to be invalid
to the extent of any conflict with the new mandatory standard.
107. A voluntary industry code,
or an undertaking referred to in Chapter 11 of this Part, is invalid to the
extent of any conflict with a mandatory standard.
108. Compliance with a mandatory
standard shall be a defense against any prosecution, action or proceeding of any
nature, whether in a court or otherwise, taken against a person (who is subject
to the mandatory standard) regarding a matter dealt with in that mandatory
standard.
109. (1)
Notwithstanding section 53, a person who fails to comply with a direction of the
Commission that the person complies with any provision of a mandatory standard
shall be liable to pay the Commission a fine not exceeding two hundred thousand
ringgit.
(2) Notwithstanding the provisions of any other written law, the
fine payable under this section may, without prejudice to any other remedy or
sanction, be recoverable as civil debt.
Chapter 11
Undertakings
110. (1) A person
may provide an undertaking to the Commission regarding any matter which may
be the subject of a voluntary industry code under this Act or for which this
Act makes express provision.
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