WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIMYS/C!2 
23 November 2001 
(01-5957) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
MALAYSIA 
The present document reproduces the texe of the Optical Discs Act 2000 (Act 606) and 
Regulations, as notified by Malaysia under Article 63.2 of the Agreement (see document 
{PlNn IMYS/l). 
ConseH des aspects des droits de propriete 
inteHectueHe qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
MALAISIE 
Le present document contient le texte1 de la Loi de 2000 sur les disques optiques (Loi n° 606) 
et de la reglementation, notifiees par Ja Malaisie au titre de l'article 63:2 de l'Accord (voir le document 
IPINIJ IMYSIl). 
Conse.jo de ios Aspectos de ios Derechos de Propiedad 
Intdectual relacionados con cl Comcrcio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PA.RRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
MALASIA 
En el presente documento se reproduce el texto1 de la Ley sobre Discos Opticos de 2000 
(Ley 606) y Reglamentos, que Malasia notifieD de eonformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease et doeumento IPINIl IMYSI 1 ). 
t In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/N/lIMYS/CI2 
Page 2 
OPTICAL DISCS ACT 2000 
(Act 606) 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
1. Short title and commencement. 
2. Interpretation. 
PARTH 
CONTROLLER OF OPTICAL DISCS, ETe. 
3. Appointments of Controller, etc. 
PART HI 
LICENSING, ETe. 
4. Licence to manufacture optical discs. 
5. Unlicensed premises. 
6. Application for licence. 
7. Grant or refusal of a licence. 
8. Validity of licence. 
9. Powerto vary conditions. 
10. Revocation of licence. 
11. Surrender of licence. 
12. Effect of revocation, surrender or expiry of licence. 
13. Transfer of licence. 
14. Renewal of licence. 
15. Display of licence. 
16. Register. 
17. Maintenance of records. 
18. Appeal. PARTlY 
MANUFACTURER'S CODE 
19. Optical discs to be marked with manufacturer's code. 
20. Marking standards. 
21. Applying false manufacturer's code. 
PART V 
CODE OF CONDUCT 
22. Controller may issue code of conduct 
23. Revocation, etc., of code of conduct. 
24. Civil penalty for non-compliance. 
25. Compliance with code of conduct a legal defence. 
PART V! 
OFFENCES AND PENALTY 
26. Penalty. 
27. Offences with respect to information. 
28. Disappearance or destruction of article, etc., to be seized. 
29. Disclosure of confidential information. 
30. Offences by director, manager, secretary, etc. 
31. Offences by employee or agent. 
32. Obstruction of officers. 
33. General Penalty. 
34. Compounding of offences. 
35. Power of enforcement. 
36. Power of investigation. 
37. Additional powers. 
38. Search by warrant PART VII 
ENFORCEMENT 
39. Search and seizure without warrant. 
40. List of things seized. IPINIlIMYS/C/2 
Page 3 IP INIlIMYS/C/2 
Page 4 
41. Warrant admissible notwithstanding defects. 
42. Access to computerised data. 
43. Power to require attendance of person acquainted with case. 
44. Examination of person acquainted with case. 
45. Statement to be admissible in evidence. 
46. Forfeiture of articles, etc. 
47. Cost of holding article, etc., seized. 
48. No costs or damages arising from seizure to be recoverable. 
49. Protection of informers. 
50. Reward for information. 
51. Power to exempt. 
52. Protection of officers. PART VIII 
MISCELLANEOUS 
53. Institution of prosecution. 
54. Jurisdiction to try offences. 
55. Service of records, etc. 
56. Regulations. 
57. Savings and transitional. 
SCHEDULE 1 OPTICAL DISCS ACT 2000 
(Act 606) IPINI1IMYS/C/2 
Page 5 
An Act to provide for the licensing and regulation of the manufacture 
of optical discs, and for matters connected therewith. 
[ 
ENACTED by the Parliament of Malaysia as follows: 
PART I 
PRELIMINARY 
1. Short title and commencement. ] 
(1) This Act may be cited as the Optical Discs Act 2000. 
(2) This Act shall come into operation on a date to be appointed 
by the Minister by notification in the Gazette, and the Minister 
may appoint different dates for different provisions of this Act. 
2. Interpretation. 
(1) In this Act, unless the context otherwise requires-
"article" includes device, contrivance, machine or equipment; 
"Assistant Controller" means an Assistant Controller of Optical 
Discs appointed under section 3; 
"code of conduct" means the code of conduct issued under 
section 22; 
"Controller" means the Controller of Optical Discs appointed 
under section 3; 
"copyright" has the meaning assigned to it by the Copyright Act 
1987; 
"Deputy Controller" means a Deputy Controller of Optical Discs 
appointed under section 3: IP/N/IIMYS/C/2 
Page 6 
"infringing copy" has the meaning assigned to it by the Copyright 
Act 1987; 
"licence" means a licence granted under section 7; 
"licensed premises" means any premises specified in a licence 
in which optical discs are authorised to be manufactured; 
"licensee" means a person to whom a licence is granted under 
section 7; 
"manufacture" means the processes and activities involved in 
the manufacturing of optical discs, including mastering or replicating 
or both; 
"manufacturer's code" means the manufacturer's code assigned 
to a licensee under paragraph 7(2)(b); 
"Minister" means the Minister responsible for domestic trade 
and consumer affairs; 
"optical disc" means-
(a) any medium or device listed in Schedule 1; or 
(b) any other medium or device on which data may be stored 
in digital form and read by means of a laser, 
and includes any such medium or device manufactured for any 
purpose, whether or not any data readable by means of a laser or 
any other means has been stored on it; 
"owner of copyright" means the owner of copyright within the 
meaning of the Copyright Act 1987; 
"place" means any area on land or water and includes any 
building, structure or enclosure, whether moveable or not; 
"prescribed" means prescribed by regulations made under this 
Act; 
"register" means the register kept by the Controller under this 
Act; 
"this Act" includes any regulation made under this Act. IP INI1IMYS/C/2 
Page 7 
(2) For the purpose of this Act, a person is engaged in the 
manufacture of optical discs if he owns, directs, manages or 
otherwise has control of a business which undertakes the manufacture 
of optical discs. 
PARTTI 
CONTROLLER OF OPTICAL DISCS. ETe. 
3. Appointments of Controller, etc. 
(l) The Minister may appoint, from amongst public officers, 
a Controller of Optical Discs, such number of Deputy Controllers 
of Optical Discs, Assistant Controllers of Optical Discs and other 
officers as may be necessary for the purposes of this Act. 
(2) The Controller shall, subject to the general direction and 
control of the Minister, perform the functions and duties imposed 
and may exercise the powers conferred upon him under this Act. 
(3) The Deputy Controllers, Assistant Controllers and other 
officers appointed under subsection (1) shall be under the direction 
and control of the Controller. 
(4) The Controller and the Deputy Controllers may perform all 
the functions and duties imposed and may exercise all the powers 
conferred upon an Assistant Controller under this Act. 
(5) A Deputy Controller may perform all the functions and 
duties imposed and may exercise all the powers conferred upon 
the Controller under this Act except the powers under Part Ill. 
(6) Notwithstanding subsection (5), the Controller may delegate 
to a Deputy Controller any of his powers under Part Ill, and when 
so delegated such power shall be exercised by the Deputy Controller 
under the control of and subject to such directions and restrictions 
as may be specified by the Controller. 
(7) A delegation under subsection (6) may be revoked at any 
time by the Controller and shall not prevent the Controller from 
himself exercising the delegated powers. 
(8) All officers appointed under this section shall be deemed to 
be public servants within the meaning of the Penal Code. IPINIlIMYS/C/2 
Page 8 
PART 
LICENSING, EYe. 
4. Licence to manufacture optical discs. 
Any person who manufactures optical discs without a valid 
licence under this Act commits an offence. 
'5.-Unlicensed premises. 
A licensee who manufactures optical discs in a place other 
than the licensed premises commits an offence. 
6. Application for licence. 
(I) An application for a licence under this Act shall be made 
in writing to the Controller in such form, and shall be accompanied 
by such documents or information, as may be prescribed. 
(2) Where a person proposes to manufacture optical discs at 
more than one place, he may make one application for a licence 
in respect of all those places. 
(3) The Controller may, at any time after receiving the 
application under subsection (1) and before it is determined, by 
a written notice require the applicant to provide such additional 
documents or information as the Controller deems necessary. 
(4) ,Where any additional document or information required 
under subsection (3) is not provided by the applicant within the 
time specified in the notice or any extension thereof granted by 
the Controller, the application shall be deemed to be withdrawn 
and shall not be further proceeded with, but without prejudice to 
a fresh application being made by the applicant. 
(5) An application under this section may be withdrawn at any 
time before it is granted or refused. 
7. Grant 01" refusal of a licence. 
(1) Upon receipt of an application together with the documents 
and information required under section 6, the Controller may grant 
the licence or refuse to grant the licence. 
(2) If the Controller grants a licence under subsection (1), he 
shall-IPINI1IMYS/C/2 
Page 9 
(a) require the licensee to pay the prescribed fees the 
prescribed period; 
(b) assign to the licensee a manufacturer's code which shall 
consist of-
0) one or more letters or numbers; 
(H) a mark, sign, symbol or device; or 
OH) any combination of letters, numbers, marks, signs, 
symbols or devices, 
as may be prescribed; 
(c) impose such conditions as he thinks fit for the purpose 
of-
(i) preventing the manufacture of infringing copies of 
works in which copyright subsists; and 
(H) protecting the rights of owners of copyright and 
other persons to whom rights are conferred under 
the Copyright Act 1987; and 
(d) impose such other conditions as he deems fit. 
(3) A licence shall be deemed to have not been granted if the 
fees required under paragraph (2)( a) are not paid within the 
prescribed period. 
(4) Where the Controller refuses to grant a licence, he shall 
immediately notify the applicant in writing of his refusal without 
assigning any reason for the refusaL 
(5) Where the Controller grants a licence in respect of the 
application made under subsection 6(2), the Controller shall issue 
a separate licence for each place of manufacture. 
8. Validity of licence. 
The licence granted under section 7, unless sooner revoked or 
suspended, shall be valid for such period as may be specified in 
the licence. 
9. Power to vary conditions. 
(1) The Controller may, at any time after a licence is granted­
(a) impose any new or additional conditions on the licence; IPIN/IIMYS/C/2 
Page 10 
(b) vary or revoke any condition imposed on the licence; or 
(c) vary or revoke any condition already varied under 
paragraph (b). 
(2) Where the Controller proposes to take an action under 
subsection (1), he shall give the licensee-
(a) a written notice of his intention; and 
(b) an opportunity to make written representations within 
fourteen days from the date of service of the notice. 
(3) After the expiry of the period of fourteen days, and after 
considering any representation made by the licensee, the Controller 
shall decide whether to impose, vary or revoke any condition 
under subsection (l) or to take no further action. 
(4) The Controller shall give the licensee a written notice of 
his decision under subsection (3). 
10. Revocation of licence. 
(1) The Controller may revoke a licence if he is satisfied 
that-
(a) the licensee has failed to comply with any obligation 
imposed upon him under this Act; 
(b) the licensee has contravened any of the conditions of 
the licence, or any provision of this Act, regardless of 
the fact that there has been no prosecution for an offence 
in respect of such contravention; 
( c) the licensee has been convicted of an offence under this 
Act' , 
(d) the licensee or any person who is or is to be a director, 
manager, secretary or other similar officer of the licensee 
has, either in connection with the application for the 
licence, or at any time after the grant of the licence, 
provided false or misleading or inaccurate information 
to the Controller; or 
( e) the licensee has ceased to carry on the business of 
manufacturing optical discs. 
(2) Before revoking a licence, the Controller shall give the 
licensee a notice in writing of his intention to do so and require 
the licensee to show cause within fourteen days as to why the 
licence should not be revoked. IPIN!] IMYS!C!2 
Page 11 
(3) After the expiry of the period of fourteen days and after 
considering any representations made by the licensee, the Controller 
shall decide whether to revoke the licence or to take no further 
action. 
(4) The Controller shall give the licensee written notice of his 
decision under subsection (3). 
(5) The revocation of a licence shall take effect-
(a) where there is no appeal against such revocation, on the 
expiration of fourteen days from the date on which the 
notice of revocation is served on the licensee; or 
(b) where there is an appeal against such revocation, when 
the revocation is confirmed by the Minister. 
11. Surrender of licence. 
(1) A licensee may surrender his licence by forwarding it to 
the Controller with a written notice of its surrender. 
(2) The surrender shall take effect on the date the Controller 
receives the licence and the notice under subsection (1) or where 
a later date is specified in the notice, on that later date. 
12. Effect of revocation, surrender or expiry of licence. 
Upon the revocation of a licence under section 9 or its surrender 
under section 10 taking effect, or upon the expiry of the licence, 
the licensee shall immediately cease to manufacture optical discs. 
13. Transfer of licence. 
(1) A licence is not transferable except with the approval of 
the Controller. 
(2) A licensee who transfers his licence to another person without 
the approval of the Controller commits an offence. 
(3) The Controller may approve the transfer of the licence 
if-
(a) the licensee dies or becomes incapacitated or a bankrupt; 
(b) in the case of a company, the licensee is wound up or 
a receiver or manager is appointed in respect of the 
business of the licensee; or 
(c) for any reason the Controller is satisfied it would be 
unjust not to transfer the licence. IPINIlIMYS/C/2 
Page 12 
(4) An application for the transfer of a licence shall be made 
in writing to the Controller. 
14. Renewal of licence. 
A licensee shall apply to the Controller for the renewal of a 
licence not less than one month before the date of the expiry of 
the existing licence. 
15. Display of licence. 
(1) A licensee shall at all times display his licence m a 
conspicuous place at his licensed premises. 
(2) A licensee who contravenes subsection (1) commits an 
offence. 
16. Register. 
(1) The Controller shall establish and maintain a register in 
such form as may be prescribed of the licences granted under this 
Act. 
(2) The Controller shall make the register available for public 
inspection subject to such conditions as he thinks fit. 
17. Maintenance of records. 
(1) A licensee shall keep and maintain a proper records in 
such form and containing such information as may be prescribed, 
concerning the operation of his business in relation to the 
manufacture of optical discs. 
(2) The records shall be-
( a) kept solely for the purpose of entering the records required 
under this Act; 
(b) available at all times for the examination of any Assistant 
Controller; and 
( c) kept up to date and in good order and condition. 
(3) A licensee shall submit the records and furnish other relevant 
documents and information as and when required by the Controller 
within such time as may be specified by the Controller, except 
where any trade secret would be disclosed if the document or 
information is so furnished. IPINI1IMYS/C/2 
Page 13 
(4) A licensee who contravenes subsection (1), (2) or (3) commits 
an offence. 
18. Appeal. 
(1) Any person who is aggrieved by any decision of the 
Controller under this Part may appeal to the Minister in the 
prescribed manner within one month from the date the decision is 
communicated to such person. 
(2) The Minister may confirm, reverse or vary the decision of 
the Controller appealed against. 
(3) The decision of the Minister under subsection (2) shall be 
final. 
PARTlY 
MANUFACTURER'S CODE 
19. Optical discs to be marked with manufacturer's code. 
(1) A licensee shall cause each optical disc manufactured 
by him to be marked with the manufacturer's code assigned to 
him under paragraph 7(2)(b). 
(2) A licensee who contravenes subsection (1) commits an 
offence. 
(3) In this section, "marked" means to be marked in accordance 
with the standards prescribed under section 20. 
20. Marking standards. 
(1) The Minister may prescribe standards for the marking 
of the manufacturer's code on optical discs. 
(2) Without limiting the generality of subsection (1), the Minister 
may prescribe-
(a) different standards in relation to different classes or 
descriptions of optical discs; or 
(b) standards relating to the manner in which, and the means 
by which, manufacturer's code are to be marked on optical 
discs or on optical discs of any class or description. IPIN/1/MYS/CI2 
Page 14 
21. Applying false manufacturer's code. 
(1) Any person who-
(a) forges a manufacturer's code; 
(b) falsely applies to an optical disc a manufacturer's code 
or any -mark so resembling a manufacturer's code as to 
be calculated to deceive; 
( c) makes any die, block, machine or other instrument for 
the purpose of forging, or which is capable of being 
used for forging, a manufacturer's code; 
(d) disposes of or has in his possession any die, block, machine 
or other instrument for the purpose of forging a 
manufacturer's code; or 
(e) causes to be done anything referred to in paragraph (a), 
(b), (c) or (d), 
commits an offence. 
(2) In any proceedings for an offence under subsection (1), it 
shall be a defence for the person charged to prove that he acted 
without intent to deceive or defraud. 
PART V 
CODE OF CONDUCT 
22. Controller may issue code of conduct. 
(1) The Controller may issue a code of conduct dealing with 
the conduct of any person connected with the business of 
manufacturing optical discs. 
(2) The Controller may, before issuing a code of conduct under 
subsection (1), consult with such body representing the persons 
to whom the code of conduct will apply and other interested persons 
as he thinks fit. 
(3) The code of conduct issued by the Controller under subsection 
(1) shall be published in the Gazette. 23. Revocation, etc., of code of conduct. IPINI1IMYS/C/2 
Page 15 
(1) The Controller may revoke, amend or revise, whether in 
whole or in part, a code of conduct if he is satisfied that the code 
of conduct, whether in whole and in part, is no longer consistent 
with the provisions of this Act. 
(2) The Controller may, before revoking, amending or revising 
a code of conduct, consult with such body representing the persons 
to whom the code of conduct applies and other interested persons 
as he thinks fit. 
(3) The provisions of the code of conduct revoked, amended 
or revised by the Controller under subsection (1) shall be published 
in the Gazette. 
24. Civil penalty for non-compliance. 
(1) Notwithstanding Part VI, a person who fails to comply 
with any provisions of a code of conduct shall be liable to pay to 
the Controller a fine not exceeding two hundred 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 a civil debt. 
25. Compliance with code of conduct a legal defence. 
Compliance with a code of conduct shall be a defence against 
any prosecution, action or proceedings of any nature, whether in 
a court or otherwise, taken against a person who is subject to the 
code of conduct regarding a matter dealt with in that code of 
conduct. 
26. Penalty. PART VI 
OFFENCES AND PENALTY 
(1) Any person who commits an offence under Part III except 
under section 15 shall on conviction be liable-
(a) if such person is a body corporate, to a fine not exceeding 
five hundred thousand ringgit, and for a second or 
subsequent offence to a fine not exceeding one million 
ringgit; or IP!NIIIMYS/C/2 
Page 16 
(b) if such person is not a body corporate, to a fine not 
exceeding two hundred and fifty thousand ringgit or to 
imprisonment for a term not exceeding three years or to 
both, and for a second or subsequent offence to a fine 
not exceeding five hundred thousand ringgit or to 
imprisonment for a term not exceeding six years or both. 
(2) Where a person being a director, manager, secretary or 
other similar officer of a body corporate is guilty of an offence 
under subsection (1) by virtue of section 30, he shall on conviction 
be liable to the penalty provided for in paragraph (l)(b). 
27. Offences with respect to information. 
(1) Any person who submits false or misleading information 
in any application, report or other document for any purpose under 
this Act commits an offence and shall on conviction be liable-
( a) if such person is a body corporate, to a fine not exceeding 
five hundred thousand ringgit, and for a second or 
subsequent offence to a fine not exceeding one million 
ringgit; or 
(b) if such person is not a body corporate, to a fine not 
exceeding two hundred and fifty thousand ringgit or to 
imprisonment for a term not exceeding three years or to 
both, and for a second or subsequent offence to a fine 
not exceeding five hundred thousand ringgit or to 
imprisonment for a term not exceeding six years or both. 
(2) Any person who-
(a) furnishes or causes to be furnished to any Assistant 
Controller or police officer not below the rank of Inspector 
any false or misleading particular, information or statement 
in respect of any matter which such officer requires to 
be given under this Act; 
(b) refuses to answer or gives a false answer to any question 
put to him by any Assistant Controller or police officer 
not below the rank of Inspector for the purpose of obtaining 
any particulars, information or statement required to be 
gi ven under this Act; or 
(c) fails or refuses to produce any document as may be 
required by any Assistant Controller or police officer 
not below the rank of Inspector, 
commits an offence. IPINIIIMYS/C/2 
Page 17 
(3) Where a person being a director, manager, secretary or 
other similar officer of a body corporate is gUilty of an offence 
under subsection (1) by virtue of section 30, he shall on conviction 
be liable to the penalty provided for in paragraph (l)( b). 
(4) Nothing in this section shall be construed as requiring a 
person to answer any question or to give any information if the 
answer or information would have a tendency to expose him to a 
criminal charge, penalty or forfeiture. 
28. Disappearance or destruction of article, etc., to be seized. 
Any person who causes the disappearance or destruction of 
any article, optical disc, thing, book or document liable to be 
seized under this Act with the intent to prevent the seizure thereof 
commits an offence. 
29. Disclosure of confidential information. 
(1) Any person who makes use of or discloses to any other 
person any confidential information obtained by virtue of the 
provisions of this Act commits an offence. 
(2) Nothing in subsection (1) shall operate to prevent the 
disclosure of information where the disclosure is made-
(a) for or in connection with the due administration of this 
Act; 
(b) for the purpose of any legal proceedings; 
(c) for the purpose of any investigation conducted under 
this Act; 
(d) to any person or any officer who is approved in writing 
by the Minister as a proper person to receive the 
information; or 
(e) for or in connection with the preparation by the 
Government of statistics in respect of the operation of 
this Act. IP /Nil /MYS/C/2 
Page 18 
30. Offences by director, manager, secretary, etc. 
Where any offence against any provision of this Act has 
been committed by a body corporate, any person who at the time 
of the commission of the offence was a director, manager, secretary 
or other similar officer of the body corporate or was purporting 
to act in any such capacity, or was in any manner or to any extent 
responsible for the management of any of the affairs of such body 
corporate, or was assisting in such management, shall also be 
guilty of that offence unless he proves that the offence was 
committed without his consent or connivance and that he exercised 
all such diligence to prevent the commission of the offence as he 
ought to have exercised, having regard to the nature of his functions 
in that capacity and to all the circumstances. 
31. Offences by employee or agent. 
Where any person ("the principal") would be liable under 
this Act to any punishment or penalty for any act, omission, neglect 
or default, he shall be liable to the same punishment or penalty 
for every such act, omission, neglect of default of any employee 
or agent of his, or the employee of such agent, if such act, omission, 
neglect or default was committed by the principal's employee in 
the course of his employment, or by the agent when acting on 
behalf of the principal, or by the employee of such agent in the 
course of his employment by such agent or otherwise on behalf 
of the agent. 
32. Obstruction of officers. 
Any person who obstructs, impedes, assaults or interferes 
with any Assistant Controller or police officer not below the rank 
of Inspector in the performance of his functions under this Act 
commits an offence. 
33. General Penalty. 
(1) Any person who commits an offence under this Act for 
which no penalty is expressly provided shall on conviction be 
liable to a fine not exceeding one hundred and fifty thousand 
ringgit or to imprisonment for a term not exceeding three years 
or to both, and for a second or subsequent offence he shall be 
liable to a fine not exceeding three hundred thousand ringgit or 
to imprisonment for a term not exceeding five years or to both. IPINIIIMYS/C/2 
Page 19 
(2) Any body corporate which commits an offence under this 
Act for which no penalty is expressly provided shall on conviction, 
be liable to a fine not exceeding two hundred and fifty thousand 
ringgit, and for a second or subsequent offence it shall be liable 
to a fine not exceeding five hundred thousand ringgit. 
(3) Where a person being a director, manager, secretary or 
other similar officer of a body corporate is gUilty of an offence 
under this Act by virtue of section 30, and no penalty is expressly 
provided for such offence, he shall be liable to the penalty provided 
for in subsection (1). 
34. Compounding of offences. 
(1) The Controller or a Deputy Controller or any person 
authorised in writing by the Controller may with the consent of 
the Public Prosecutor compound any offence under this Act which 
is prescribed to be a compoundable offence committed by any 
person by making a written offer to such person to compound the 
offence upon payment to the Controller or the Deputy Controller 
or any person authorised in writing by the Controller of an amount 
not exceeding fifty per centum of the amount of maximum fine 
for that offence within such time as may be specified in the offer. 
(2) An offer under subsection (1) may be made at any time 
after the offence has been committed, but before any prosecution 
for it has been instituted, and where the amount specified in the 
offer is not paid within the time specified in the offer or within 
such extended period as the Controller or a Deputy Controller or 
any person authorised in writing by the Controller may grant, 
prosecution for the offence may be instituted at any time thereafter 
against the person to whom the offer was made. 
(3) Where an offence has been compounded under subsection 
(1)-
(a) no prosecution shall thereafter be instituted in respect of 
such offence against the person to whom the offer to 
compound was made; and 
(b) any article, optical disc, thing, book or document seized 
in connection with such offence shall be released 
immediately, subject to such conditions as the Controller 
or Deputy Controller or any person authorised in writing 
by the Controller thinks fit to impose. IPfNIl/MYS/C/2 
Page 20 
PART VU 
ENFORCEMENT 
35. Power of enforcement. 
(1) An Assistant Controller or a police officer not below the 
rank of Inspector may exercise all the powers of enforcement 
under this Act. 
(2) Every Assistant Controller or police officer, when acting 
against any person under this Act, shall declare his office and 
shall on demand produce to the person against whom he is acting 
such authority card as the Controller may direct to be carried by 
such Assistant Controller or as the Inspector General of Police 
may direct to be carried by such police officer. 
36. Power of investigation. 
(1) Any Assistant Controller or a police officer not below 
the rank of Inspector shall have the power to investigate any 
offence under this Act. 
(2) For the purposes of subsection (1), the Assistant Controller 
or police officer may issue orders to a licensee to further his 
investigation and secure compliance with this Act. 
(3) In addition to his powers under subsections (1) and (2), an 
Assistant Controller or a police officer not below the rank of 
Inspector investigating an offence under this Act may exercise all 
or any of the powers in relation to police investigation in seizable 
cases given by the Criminal Procedure Code. 
37. Additional powers. 
Any Assistant Controller or police officer not below the rank 
of Inspector may, for the purpose of enforcing this Act, do all or 
any of the following: 
(a) visit, enter, inspect and examine with or without notice 
any licensed premises at any reasonable hour; IPINIlIMYS/CI2 
Page 21 
(b) require the production of record, books, accounts, 
computerised data or documents kept by the licensee 
and inspect, examine and copy any of them; 
(c) require the production of any identification document 
from any person in relation to any case or offence under 
this Act; or 
(d) make such inquiry as may be necessary to ascertain 
whether the provisions of this Act have been complied 
with. 
38. Search by warrant. 
(I) If it appears to a Magistrate, upon written information 
on oath and after such inquiry as he considers necessary, that 
there is reasonable cause to believe that an offence under this Act 
is being or has been committed on any premises, the Magistrate 
may issue a warrant authorising any Assistant Controller or police 
officer not below the rank of Inspector named therein to enter the 
premises at any reasonable time by day or by night, with or without 
assistance and if need be by force. 
(2) An Assistant Controller or a police officer not below the 
rank of Inspector may, in the premises entered under subsection 
(1), search and seize any article, optical disc, thing, book or 
document, including computerised data, which contain or is 
reasonably believed to contain information as to any offence 
suspected to have been committed and is likely to disclose evidence 
of the commission of any offence under this Act. 
(3) An Assistant Controller or a police officer not below the 
rank of Inspector conducting a search under subsection (1) may, 
if in his opinion it is reasonably necessary to do so for the purpose 
of investigating into the offence, search any person who is in or 
on such premises but no female person shall be searched except 
by another female person. 
(4) An Assistant Controller or a police officer not below the 
rank of Inspector entering any premises by virtue of this section 
may take with him such other persons and such equipment as may 
appear to him necessary. 
(5) An Assistant Controller or a police officer not below the 
rank of Inspector shall, on leaving any premises, if the premises 
are unoccupied or the occupier is temporarily absent, leave the 
premIses as effectively secured against trespassers as he found 
them. IP/NIl/MYS/C/2 
Page 22 
(6) An Assistant Controller or a police officer not below the 
rank of Inspector making a search of a person under subsection 
(3) may seize, detain or take possession of any article, optical 
disc, thing, book or document found on such person for the purpose 
of the investigation being carried out by such officer. 
(7) Where, by reason of its nature, size or amount, it is not 
practicable to remove any article, optical disc, thing, book or 
document, seized under this section, the seizing officer shall, by 
any means seal the article, optical disc, thing, book or document 
in the premises or container in which it is found. 
(8) A person who, without lawful authority, breaks, tampers 
with or damages the seal referred to in subsection (7) or removes 
any article, optical disc, thing, book or document under seal or 
attempts to do so commits an offence. 
39. Search and seizure withou.t warrant. 
Where an Assistant Controller or a police officer not below 
the rank of Inspector in any of the circumstances referred to in 
section 38 has reasonable grounds for believing that by reason of 
the delay in obtaining a search warrant under that section the 
investigation would be adversely affected or evidence of the 
commission of an offence is likely to be tampered with, removed, 
damaged or destroyed, the Assistant Controller or police officer 
not below the rank of Inspector may enter the premises,and exercise 
all the powers referred to in section 38 in as full and ample a 
manner as if he were authorised to do so by a warrant issued 
under that section. 
40. List of things seized. 
(1) Except as provided in subsection (2), where any article, 
optical disc, thing, book or document is seized under this Part, 
the seizing officer shall prepare a list of the things seized and 
immediately deliver a copy signed by him to the occupier of the 
premises which has been searched, or to his agent or servant, at 
those premises. 
(2) Where the premises are unoccupied, the selzmg officer 
shall whenever possible post a list of the things seized conspicuously 
on the premises. 41. Warrant admissible notwithstanding defects. IPINI1IMYS/C/2 
Page 23 
A search warrant issued under this Act shall be valid and 
admissible notwithstanding any defect, mistake or omission therein 
or in the application for such warrant and any article, optical disc, 
thing, book or document seized under such warrant shall be 
admissible in evidence in any proceedings under this Act. 
42. Access to computerised data. 
(1) An Assistant Controller or a police officer not below the 
rank of Inspector conducting a search under this Act shall be 
given access to computerised data whether stored in a computer 
or otherwise. 
(2) In this section, "access" includes being provided with the 
necessary password, encryption code, decryption code, software 
or hardware and any other means required to enable comprehension 
of computerised data. 
43. Power to require attendance of person acquainted with case. 
(1) An Assistant Controller or a police officer not below the 
rank of Inspector making an investigation under this Act may by 
order in writing require the attendance before himself of any person 
who appears to the Assistant Controller or a police officer not 
below the rank of Inspector to be acquainted with the facts and 
circumstances of the case, and such person shall attend as so 
required. 
(2) If any person refuses to attend as so required, the Assistant 
Controller or police officer not below the rank of Inspector may 
report such refusal to a Magistrate who shall issue a summons to 
secure the attendance of such person as may be required by the 
order made under subsection (1). 
44. Examination of person acquainted with case. 
(1) An Assistant Controller or a police officer not below the 
rank of Inspector making an investigation under this Act may 
examine orally any person supposed to be acquainted with the 
facts and circumstances of the case. 
-(2) The person examined under subsection (1) shall be legally 
bound to answer all questions relating to such case put to him by 
the Assistant Controller or police officer, but such person may 
refuse to answer any question the answer to which would have a 
tendency to expose him to a criminal charge or penalty or forfeiture. IPINIlIMYS/C/2 
Page 24 
(3) A person making a statement under this section shall be 
legally bound to state the truth, whether or not such statement is 
made wholly or partly in answer to the questions. 
(4) An Assistant Controller or a police officer not below the 
rank of Inspector examining a person under subsection (1) shall 
first inform that person of the provisions of subsections (2) and 
(3). 
(5) A statement made by any person under this section, whether 
or not a caution has been administered to him under subsection 
45(2) shall, whenever possible, be reduced into writing and signed 
by the person making it or affixed with his thumb-print, as the 
case may be-
(a) after it has been read to him in the language in which he 
made it; and 
(b) after he has been given an opportunity to make any 
correction he may wish. 
45. Statement to be admissible in evidence. 
(l) Where any person is charged with an offence under this 
Act, any statement, whether the statement amounts to a confession 
or not or is oral or in writing, made at any time, whether before 
or after the person is charged and whether in the course of an 
investigation under this Act or not and whether or not wholly or 
partly in answer to questions, by that person to or in the hearing 
of an Assistant Controller or a police officer not below the rank 
of Inspector and whether or not interpreted to him by another 
Assistant Controller or police officer or other person shall, 
notwithstanding any other written law to the contrary, be admissible 
in evidence at his trial and, if the person charged tenders himself 
as a witness, any such statement may be used in cross-examination 
and for the purpose of impeaching his credit. 
(2) The statement referred to in subsection (l)-
(a) shall not be admissible or used under that subsection-IPIN/IIMYS/C/2 
Page 25 
(i) if the making of the statement appears to the court 
to have been caused by any inducement, threat or 
promise having reference to the charge proceeding 
from a person in authority and sufficient in the 
opinion of the court to give the person charged 
grounds which would appear to him reasonable 
for supposing that by making it he would gain any 
advantage or avoid any evil of a temporal nature 
in reference to the proceeding against him; or 
Oi) in the case of a statement made by the person after 
his arrest, unless the court is satisfied that a caution 
was administered to him in the following words or 
words to the like effect: 
"It is my duty to warn you that you are not 
obliged to say anything or to answer any question, 
but anything you say, whether in answer to a 
question or not, may be given in evidence."; 
and 
(b) if made by any person before there is time to caution 
him, shall not be rendered inadmissible in evidence merely 
by reason of no such caution having been administered 
if it has been administered as soon as possible. 
(3) Notwithstanding anything to the contrary contained in any 
written law, a person in respect of whom subsection (1) applies 
shall not be bound to answer any question relating to the case 
after a caution under subsection (2) has been administered to him. 
46. Forfeiture of articles, etc. 
(1) All articles, optical discs, things, books or documents 
seized in the exercise of any power conferred under this Act shall 
be liable to forfeiture. 
(2) The court trying any person accused of an offence under 
this Act may at the conclusion of the trial, whether he is convicted 
or not, order that the articles, optical discs, things, books or 
documents seized from that person be destroyed or, in the case of 
infringing copies, be delivered up to the first owner of the copyright 
in question, or his assignee or exclusive licensee, as the case may 
be. IPINIlIMYS/C/2 
Page 26 
(3) Where there is no prosecution with regard to any article, 
optical disc, thing, book or document seized in exercise of any 
powers conferred under this Act, the article, optical disc, thing, 
book or document shall be taken and deemed to be forfeited at 
the expiration of one calendar month from the date it was seized 
unless a claim thereto is made before that date in the manner set 
out in subsection (4), (5) and (6). 
(4) Any person asserting that he is the owner of any article, 
optical disc, thing, book or document seized under this Act and 
that the article, optical disc, thing, book or document is not liable 
to forfeiture may personally or by his agent authorised in writing 
by him give written notice to an Assistant Controller of his claim. 
(5) On receipt of a notice under subsection (4), the Assistant 
Controller shall refer the notice to the Controller who may, after 
such enquiry as may be necessary, direct that such article, optical 
disc, thing, book or document be released or forfeited or refer the 
matter to the Court of a First Class Magistrate for decision. 
(6) The court to which the matter is referred shall issue a 
summons requiring the person asserting that he is the owner of 
the article, optical disc, thing, book or document and the person 
from whom it was seized to appear before the court and upon 
their appearance or default to appear, due service of the summons 
being proved, the court shall proceed to the examination of the 
matter, and on proof that an offence under this Act has been 
committed and that such article, optical disc, thing, book or 
document, was the subject-matter or was used in the commission 
of such offence, shall order the article, optical disc, thing, book 
or document to be forfeited or may, in the absence of such proof, 
order the release of such article, optical disc, thing, book or document 
to the person entitled to it. 
(7) Any article, optical disc, thing, book or document forfeited 
or deemed to be forfeited shall be delivered to the Controller who 
shall dispose of it in a manner he deems fit. 
47. Cost of holding article, etc., seized. 
Where any article, optical disc, thing, book or document, 
seized under this Act is held in the custody of the Government 
pending completion of any proceedings in respect of an offence 
under this Act, the cost of holding such thing in custody shall, in 
the event of any person being found guilty of an offence, be a 
debt due to the Government by such person and shall be recoverable 
accordingly. IPINIIIMYS/C/2 
Page 27 
48. No costs or damages arising from seizure to be recoverable. 
No person shall, in any proceedings before any court in respect 
of any article, optical disc, thing, book or document seized in the 
exercise or the purported exercise of any power conferred under 
this Act, be entitled to the costs of such proceedings or to any 
damages or other relief unless such seizure was made without 
reasonable cause. 
49. Protection of informers. 
(1) Except as provided in this section, no witness in any 
civil or criminal proceedings shall be obliged or permitted to 
disclose the name or address of any informer or the substance and 
nature of the information received from him or to state any matter 
which may lead to his discovery. 
(2) If any book, document, record or paper which is in evidence 
or is liable to inspection in any civil or criminal proceedings 
contains any entry in which any informer is named or described 
or which might lead to his discovery, the court shall cause an 
such entries to be concealed from view or to be obliterated so far 
only as may be necessary to protect the informer from discovery. 
(3) If in a trial for any offence under this Act the court after 
full inquiry into the case believes that the informer wilfully made 
in his complaint a material statement which he knew or believed 
to be false or did not believe to be true, or if in any other proceeding 
the court is of the opinion that justice cannot be fully done between 
the parties to the proceeding without the discovery of the informer, 
it shall be lawful for the court to require the production of the 
original complaint, if in writing, and permit inquiry and require 
full disclosure concerning the informer. 
50. Reward for information. 
In the case of a conviction involving a fine, the court imposing 
the fine may, on the application of the prosecuting officer, direct 
the payment of any part of the fine in such proportion as the court 
thinks fit but in any case not exceeding one half of such fine to 
the person who gave the information leading to the conviction. IP 1Nl 1 IMYS/C/2 
Page 28 
51. Power to exempt. PART VIII 
MISCELLANEOUS 
(1) The Minister may by order published in the Gazette 
exempt, subject to such conditions as he may deem fit to impose, 
any person or class of persons or any business or class of businesses 
from all or any of the provision of this Act. 
(2) The Minister may, at any time by order published in the 
Gazette, revoke any order made under subsection (1) if he is 
satisfied that such exemption should no longer be granted. 
52. Protection of officers. 
No action or prosecution shall be brought. instituted or 
maintained in any court against-
(a) the Controller, a Deputy Controller, an Assistant Controller 
or any officer duly appointed under this Act or a police 
officer for or on account of or in respect of any act 
ordered or done for the purpose of carrying into effect 
this Act; and 
(b) any other person for or an account of or in respect of 
any act done or purported to be done by him under the 
order, direction or instruction of the Controller. a Deputy 
Controller. an Assistant Controller or any officer duly 
appointed under this Act or a police officer if the act 
was done in good faith and in a reasonable belief that it 
was necessary for the purpose intended to be served 
thereby. 
53. Institution of prosecution. 
No prosecution for or in relation to any offence under this 
Act shall be instituted except by or with the written consent of 
the Public Prosecutor. 
54. Jurisdiction to try offences. 
Notwithstanding any written law to the contrary, a court of 
a Magistrate of the First Class shall have jurisdiction to try any 
offence under this Act and to impose the full punishment for any 
such offence. 55. Service of records, etc. IPINI1 IMYS/C/2 
Page 29 
(1) Records, other documents or information pertaining to 
the manufacturing activity of any person required to be submitted 
or furnished or a notice given, a licence issued or a decision or 
an order made under this Act may be served personally or be sent 
by registered post. 
(2) Any record, other document or information, notice, licence, 
decision or order which is sent by registered post shall be deemed 
to have been served on the person to whom it is addressed on the 
day succeeding the day on which the record, other document or 
information, notice, licence, decision or order would have been 
received in the ordinary course of post if it is addressed-
(a) in the case of the Minister or the Controller, to either of 
them, as the case may require, at the Ministry; 
(b) in the case of a company, a partnership or body of persons 
having a registered office in Malaysia, to that registered 
office or, where there is no such registered office, to the 
company's, partnership's or body's principal place of 
business in Malaysia or, where there is no such principal 
place of business, to the place where any other activity 
of the company, partnership or body is carried on; and 
(c) in the case of an individual, to his last-known address. 
56. Regulations. 
(1) The Minister may make such regulations as may be 
necessary or expedient for giving full effect to the provisions of 
this Act, for carrying out or achieving the objects and purpose of 
this Act, or for the further, better or more convenient implementation 
of the provision of this Act. 
(2) Without prejudice to the generality of subsection (l), 
regulations may be made-
(a) to prescribe the forms to be used and the information to 
be furnished for any of the purposes of this Act; 
(b) to prescribe the procedure for making applications for 
licences and the determination of questions in connection 
with the grant, surrender, suspension. renewal and 
revocation of licences and the conditions to be attached 
to the licences and the procedure in connection with 
appeals; 
(c) to prescribe the fees to be paid under this Act and the 
manner for collecting and dealing with such fees; TPINIIIMYS/C/2 
Page 30 
(d) to prescribe the form of the register to be kept and 
maintained by the Controller, the procedure and other 
matters relating to the opening, maintenance and closure 
of the register and the procedure and other matters relating 
to the inspection of and taking of extracts from the register; 
( e) to prescribe the form of records to be kept and maintained 
by the licensee and the information to be recorded and 
the submission of such records; and 
(1) to provide for any matter which under this Act is required 
or permitted to be prescribed or which is necessary or 
expedient to be prescribed. 
57. Savings and transitional. 
(1) Any person engaged in the manufacturing of optical discs 
immediately before the commencement of this Act and intends to 
continue to manufacture optical discs on and after such 
commencement shall not later than six months from the date of 
commencement of this Act apply to the Controller for a licence 
under this Act. 
(2) Pending the decision by the Controller on the application 
for a licence made under subsection (1), the applicant shall be 
deemed to be licensed under this Act and no action shall be taken 
against him for engaging in the manufacture of optical discs without 
a licence. 
(3) Where a licence is granted by the Controller under section 
7 pursuant to an application made under subsection (l), the applicant 
shall within six months from the date the licence is granted take 
the necessary action to comply with the conditions imposed on 
the licence. 
(4) Where a licence is not granted by the Controller under 
section 7, the applicant referred to in subsection (2) shall cease 
to be deemed to be licensed under that subsection from the date 
he is notified of the decision of the Controller or, if there is an 
appeal under section 18, the date of the decision of the Minister 
on that appeal. SCHEDULE 1 
[Subsection 2(1)] 
LIST OF OPTICAL DISCS 
1. Compact discs (CD) including­
Compact discs-audio (CD-A) 
Compact discs-video (CD-V) 
Compact discs-read only memory (CD-ROM) 
Compact discs-interactive (CD-I) 
Compact discs-photo (CD-P) 
Compact discs-recordable (CD-R) 
Compact discs-rewritable (CD-RW) 
2. Digital versatile discs (DVD) including­
Digital versatile discs-recordable (DVD-R) 
Digital versatile discs-rewritable (DVD-RW) 
3. Laser discs (LD) 
4. Mini discs (MD) 
OPTICAL DISCS ACT 2000 
(Act 606) 
LIST OF AMENDMENTS 
Amending law Short title 
NIL IPINIlIMYS/C/2 
Page 31 
lnforcefrom IPINIlIMYS/C/2 
Page 32 
OPTICAL DISCS REGULATIONS 2000 
ARRANGEMENT OF REGULATIONS 
Regulation PART I 
PRELIMINARY 
1. Citation and commencement. 
2. Interpretation. 
3. Forms. 
4. Fees. 
5. Application for a licence. 
6. Licence. 
7. Renewal of licence. 
8. Transfer of licence. 
9. Replacement licence. PARTII 
LICENCE 
10. Certificate copy oflicence. 
PARTIH 
MANUFACTURER'S CODE 
11. Manufacturer's code. 
12. Marking standards. 
PART IV 
PROCEDURE FOR APPEAL 
13. Notice of appeaL 
14. Grounds of decision. 
15. Determination of appeal. 
16. Withdrawal of appeal. 
17. Sending of documents. PART V 
MISCELLANEOUS 
18. Register of Manufacturers of Optical Discs. 
19. Maintenance of records. 
SCHEDULE. IPINI1 IMYS/C/2 
Page 33 IPINIlIMYS/C/2 
Page 34 
OPTICAL DISCS REGULATIONS 2000* 
IN exercise of the powers conferred by section 56 of the Optical Discs Act 2000 
the Minister makes the following regulations: 
PART I 
PRELIMINARY 
1. Citation and commencement. 
(l) These regulations may be cited as the Optical Discs Regnlations 2000. 
(2) These Regulations come into operation on 15 October 2000. 
2. Interpretation. 
In these Regulations, unless the context otherwise requires-
"mirror block" means the component part of an injection moulding cavity 
which is used to form the optically smooth read-out surface of a compact disc 
(the side opposite of which is impressed with information-carrying pits), and 
is formed principally of a flat circular plate of highly polished material; 
"matrix band" means the portion of the compact disc whose inner diameter 
is greater than the clamping area, and whose outer diameter is less than the 
Lead-In, which may be used for recording graphics and graphics characters on 
the compact disc surface; 
"Lead-In" means the portion of the information area which precedes the 
program area (see diagram in First Schedule). 
3. Forms. 
The forms In the Second Schedule are prescribed' for use under these 
Regulations. 
4. Fees. 
( 1) The fees in the Third Schedule are prescribed for the purposes of these 
Regulations. 
(2) The fees shall be paid to the Controller by such means and in such 
manner as the Controller may direct. 
*Publis!ied as PU(A} 38112000. PART n 
LICENCE 
5. Application for a licence. IPINIl/MYS/C/2 
Page 35 
(l) An application for a licence under section 6 of the Act shall be made 
in Form ACO-I. 
(2) An applicant who manufactures optical discs at more than one place 
shall specify each of the places in the application. 
6. Licence. 
(1) The fee payable for the grant of a licence shall be as prescribed. 
(2) Every licensee shall pay the fee prescribed within twenty-one days from 
the date of grant of the licence. 
(3) A licence issued or renewed shall be valid for a period not exceeding 
three years from the date of issue or expiry of such licence. 
(4) Every licence granted shaH be in Form ACO-2 and shall be valid unless 
revoked under section 10 of the Act. 
7. Renewal of licence. 
(1) An application for the renewal of a licence shall be in Form ACO-I. 
(2) The fee payable for the renewal of a licence shaH be as prescribed. 
(3) Every licensee shaH pay the fee prescribed within twenty-one days from 
the date of grant of a renewal of the licence. 
8. Transfer ofiicence. 
An application for the transfer of a licence shall-
(a) state the full particulars of the facts on which the applicant relies on 
in support of his application; and 
(b) be accompanied with the prescribed fee. 
9. Replacement licence. 
(1) An application for a replacement licence shall be made to the Controller 
in writing. 
(2) An application under subregulation (1) shall be verified by a statutory 
declaration or a police report made by the licensee. 
(3) Where the Controller is satisfied as to the reason for the loss of the 
licence, the Controller may issue a replacement in Form ACO-2 with the words 
"DUPLICATE" endorsed on the licence. 
(4) The applicant shall pay the prescribed fee for the issuance of the replacement 
licence. IPINIl IMYS/C/2 
Page 36 
10. Certificate copy of licence. 
(1) A licensee may apply in writing to the Controller for a certified copy 
of the licence if-
(a) the licence issued to the licensee is mutilated; or 
(b) a certified copy of the licence is required for a valid reason. 
(2) An application under subregulation (1) shall be-
(a) verified by a statutory declaration or a police report made by the 
licensee to the effect that the licence issued was mutilated; or 
(b) accompanied with a statement specifying the reasons for the application, 
as the case may be. 
(3) The Controller may issue a certified copy of the licence to the applicant­
(a) if the Controller is satisfied that-
(1) the licence issued was mutilated; or 
(ii) a certified copy is required for a valid reason; and 
(b) upon payment of the prescribed fee. 
(4) A certified copy of the licence issued by the Controller shaB be endorsed 
with the words "CERTIFIED TRUE COPY". 
PART HI 
MANUFACTURER'S CODE 
11. Mani1fadi1rer~s code. 
Cl) A manufacturer's code consists of­
(a) a mastering code; and 
( b) a mould code. 
(2) A licensee who carries on the activity of mastering of optical discs shall 
be assigned a mastering code. 
(3) A licensee who carries on the activity of replicating of optical discs shall 
be assigned a mould code. 
(4) A licensee who carries on both activities of mastering and replicating 
of optical discs shall be assigned both mastering and mould codes. 
12. Marking stamlards. 
(1) The standard for the marking of a manufacturer's code on optical discs 
shall be as follows: 
(a) the mastering code-
(i) shaH consist of the alphabet 'IFPI' followed by four additional 
characters which may be alphabetical or numerical commencing 
with the alphabet "L"; IP /NIl IMYS/C/2 
Page 37 
(ii) the code shall be added to the matrix band of the master during 
exposure on the laser beam recorder; 
(iii) the code shall be positioned in the area which is between 18.0 
mm from the center of the disc and the start of the "Lead-In", 
which is at a radius of 22.9 mm from the center; 
(iv) the height of every digit and character of the code shall not be 
less than 0.5 mm; 
(v) the code shaH be etched to a depth of 10-25 microns; 
(vi) the code shall be legible without magnification; 
(vii) the code shall be readable from left to right when viewed from 
the read-out side of the disc; and 
(viii) the digit "IFPI" shaH be in upper case characters and shaH have 
either a linear or radial layout; and 
(b) the mould code-
(i) shaH consist of the alphabet 'IFPI' followed by four additional 
characters which may be alphabetical or numerical; 
(ii) the code shall be etched on the mirror block of each mould; 
(iii) the height of the code shall not be less than 0.5 mm and shaH 
be legible without magnification; 
(iv) the code shall be etched to a depth of 10-25 microns; 
(v) the alphabets "IFPI" shall be in upper case; 
(vi) the code shall be marked in either linear or radial layout; 
(vii) the code shall be positioned in the area which is between i4.5 
mm and 22.5 mm from the center of the read-through optical 
side of the disc; and 
(viii) the code on each manufactured optical disc shall be readable 
from left to right when viewed from the read-through side of the 
disc. 
PART IV 
PROCEDURE FOR APPEAL 
13. Notice of appeal. 
(I) Any person ("the appellant") who is aggrieved by any decision of the 
Controller under Part HI of the Act may appeal by submitting a notice of appeal 
to the Minister within the time specified in subsection 18( 1) of the Act and a 
copy of such notice shall be sent to the Controller. 
(2) The notice of appeal shall state-
(aj the full name, address and other particulars of the appellant; 
(b) the decision with which he is aggrieved; 
(c) the grounds on which the appellant proposes to rely on for the appeal; 
and 
(d) such other information or contain such documents as may be necessary 
for the purposes of the appeal. IPINIlIMYS/C/2 
Page 38 
14. Grounds of decision. 
On receipt of the notice of appeal the Controller shaH cause to be prepared 
within twenty-one days from the receipt of such notice a statement stating the 
grounds on which he arri;4Cd at his decision and shaH submit such grounds to 
the Minister. 
15. Determination of appeal. 
The Minister shall as soon as is practicable proceed to determine the 
appeal and may, in the event that he requires further facts or evidence to be 
adduced or argument to be heard, set aside a date and time for the receiving 
of such facts or evidence or the hearing of such argument and shall inform the 
appellant and the Controller accordingly. 
16. Withdrawal of appeal. 
Where the appellant decides not to pursue his appeal he may withdraw 
the appeal at any time before the determination of the appeal whereupon the 
decision of the Controller shall be deemed to be final. 
17. Sending of documents. 
Every notice or document relating to an appeal shall be sent in duplicate 
to the Minister. 
PART V 
MISCELLANEOUS 
18. Register of Marmfadurers of Optical Discs. 
(I) The Controller shall keep and maintain a Register of Manufacturers of 
Optical Discs in the form prescribed in the Fourth Schedule. 
(2) A person may inspect the Register during working hours and may make 
copies of or take extracts from the Register subject to the payment of the 
prescribed fees. 
19. Mainteuance of records. 
A licensee shall keep and maintain a record of his manufacturing activities 
in the form prescribed in the Fifth Schedule. FIRST SCHEDULE 
OPTICAL DISCS ACT 2000 
OPTICAL DISCS REGULATIONS 2000 
(Regulation 2) 
Lead-In (maximum starting diameter 46 mm) 
Program Area 
-starting diameter 50 mm + 0/-0.4 
-maxjmum diameter 116 mm IPINIlIMYS/C/2 
Page 39 
Lead-Out (minimum outer diameter == program area outer diameter+ 1) IPINI11MYS/C/2 
Page 40 
SECOND SCHEDULE 
FORMS 
(Regulation 3) 
AKT A CAKERA OPTIK 2000 
(OPTICAL DISCS ACT 2000) 
PERATURAN-PERATURAN CAKERA OPTIK 2000 
(OPTICAL DISCS REGULATIONS 2000) 
BORANGIFORM ACO-! 
Permohonan bagi Lesen PengiIangan dan Pembaharuan Lesen 
Application for Manufacturing Licence and Renewal of Licence 
Pengawal Cakera Optik. 
Controller Optical Discs. 
Bahagian Penguatkuasa. 
Enforcement Division. Peraturan 5 dan Peraturan 7 
(Regulations 5 and 7) 
Kementerian Perdagangan Dalam Negeri 
dan Hal Ehwa! Pengguna. 
Ministry of Domestic Trade 
and Consumer Affairs. 
[Tandakan ( ..J ) dalam kolak yang berkenaanJ 
[Tick ( ..J ) in the appropriate box] 
(a) Permohonan untuk 
Application for 
(i) Lesen Pengilangan untuk: 
Manufacturing Licence for: 
(A) Aktiviti Penyediaan Salinan lnduk c=J 
Mastering Activity 
(B) Aktiviti Pereplikaan c=J 
Replicating Activity 
(b) Jenis permohonan 
Type of application 
NOTA 
NOTE 0) Permohonan bam 
New application 
(ii) Pembaharuan 
Renewal 
lika ruang yang disediakan tidak mencukupi untuk memberi perincian, sila gunakan !ampiran. 
Setiap lampiran hendaklah ditandatangani oleh pemohon. 
(If the space provided is not sUfficient to provide derails. please attach annexure(s). Each 
annexure shall be signed by the applicant). A. BUTIR-BUTIR PEMOHON 
PARTICULARS OF APPLICANT 
I. Narna pernohon dan alarnat surat rnenyurat 
Name of applicant and correspondence address 
No. Telefon 
Telephone No. 
Orang untuk dihubungi: 
Contact person 
2. Nama dan alamat pejabat berdaftar 
Name and address of registered office 
No. Telefoll 
Telephone No. 
No. Telefaks 
Telefax No. 
3. No. Pendaftaran 
Registration No. 
4. Alamal Kilang No. Telefaks 
Telefax No. 
Jawatan 
Designation IPINIlIMYS/C/2 
Page 41 
(Jika pemohon mengilang cakera oplik di lebih daripada satu kilang, sila nyatakan setiap 
kiiang itu) 
Address of Fac(ories 
(Where (he applicant manufactures optical discs at more than one factory. please specify 
each of the factories) 
5. Alamat Stor 
Address of Stores IP IN! 1 IMYS/C/2 
Page 42 
6. Butir-butir Pengarah/Pekongsi 
Particulars of Directors/Partners 
Nama dan alamat kediaman 
Name and residential address Warganegara 
Nationality 
B. BUTIR-BUTIR PENGILANGAN CAKERA OPTIK 
PARTICULARS OF OPTICAL DISC MANUFACTURED 
I. Keluaran 
Product % saham dipegang dalam 
syarikat ! % pekongsian 
% shares held in the 
company I % of 
partnership 
Pengeluaran tahunan sebenar 
Actual annual production 
KeJuaran 
Products Kuantiti Nilai di kilang 
Quantity Ex·factory value 
(RM) 2, Butir-Butir Saluran Pengeluaran 
Production Lines Particulars 
(a) Penyediaan Salinan fnduk 
Mastering IP/NIlIMYS/CI2 
Page 43 
Nombor Saluran Nama dan Nombor Model Kod Pengilang sedia ada 
Pengeluaran Mesin Pengilangan Existing Manufacturer's 
Production Line Name and Model Number 
Number of Manufacturing Machine 
(b) Pereplikaan (termasuk acuan simpanan) 
Replications (including spare mauld) 
Nombor Saluran 
Pengeluaran 
Production Line 
Number 
3. PASARAN 
MARKET 
Keluaran 
Products 
Untuk pasaran tempatan 
For local market 
Untuk pasaran eksport 
For export market Nama dan Nomhor 
Model Mesin 
Pengilangan 
Name and Model 
Number of 
Manufacturing 
Machine 
% Pasaran 
% Market 
Tahun I Tahun 2 
Year 1 Year 2 Nombor Siri 
Acuan 
Mould Serial 
Number 
Tahun 3 
Year 3 Code 
Kod Pengilang 
sedia ada 
Existing 
Manufacturer'S 
Code 
Nama dan alamat 
pelanggan 
Name and address 
of clients IP INII/MYS/CI2 
Page 44 
4. BAHAN MENTAH -POUKARBONAT 
RAW MATERIAL -POLYCARBONATE 
SUMBER 
SOURCE 
Pengilang Tempatan 
Local Manufacturer 
Nama dan Kuantiti Nilai Nama dan 
alamat setahun setahun alama! Import 
Import 
Kuantiti Nilai 
setahun selahun 
pembekal Quantity per Value per pembekal Quantity per Value per 
Name and annum annum Name and annum 
address of address of 
supplier supplier 
C. BUTIR-BUTIR LESENfKELULUSAN DARIPADA AGENSI LAIN 
DETAILS OF LICENCE/APPROVAL OF OTHER AGENCIES 
(Sila sertakan salinannya) 
(Please enclose copies) 
Jenis Kelulusan 
Type of Approval 
I. pjhak Berkuasa Tempatan 
Local Authority 
2. Kebenaran di bawah Akla Penyelarasan Perindustrian 1975 
Approval under The Industrial Co-ordination Act 1975 
3. Kebenaran di bawah Perintah Kastam (Larangan Mengenai 
Import) 198! 
Approval under the Customs (Prohibition of Imports) 
Order 1981 
4. Kelulusan di bawah Akta Perbadanan Kemajuan Filem 
Nasional Malaysia 1981 
Approval under the Perbadanan Kemajuan Fitem 
Nasional Malaysia Act 1981 
5 ......................................................................................... . Rujukan 
Reference annum IP/N/lIMYS/C/2 
Page 45 
D. KEBENARAN DARIPADA TUAN PUNY A HAKCIPTA/PEMEGANG LESEN EKSKLUSIF 
CONSENT FROM OWNER OF COPYRIGHT/EXCLUSIVE LICENSEE 
(Sila sertakan salinannya) 
(Please enclose copies) 
E. PERAKUAN PEMOHON 
APPLICANT'S DECLARATION 
Saya mengaku dan mengesahkan bahawa semua maklumal dan butir-butir yang dinyatakan dalam 
borang ini dan salinan dokumen yang dilampirkan adalah benar. 
! hereby declare that 10 the best of my knowledge and belief all the informations and the particulars 
stated in this form and the photacopies of documents annexed are true. 
Tarikh/Date: .......................................... . 
F. UNTUK KEG UNA AN RASMI PEJABAT 
FOR OFFICIAL USE 
l. PENDAPAT 
OPINION 
Permohonan lengkap/tidak lengkap* 
Application complete/not complete 
Syor: 
Recommendation: Tandatangan Pemohon & Meterai Perniagaan 
Signature of Applicant & Business Seal 
NamalName: ..................................................... . 
No. Kad Pengenalan/ldentity Card No.: 
JawatanlDesignation: ........................................ . 
.............. "' •••••••••••••••••••••••••••• ': ••••••••••••••••• _ ••••• ~ ••••• • ~ •••• , ••••••••• +0 •••• '._ ••••• "' ................................ . 
* Potong mana yang tidak berkenaan 
Delete whichever is not applicable 
Tarikh/Date: ................................... . 
Tandatangan Pegawai/Signature of Officer 
Nama/Name: .......................................... .. IP/N/1/MYS/C/2 
Page 46 
2. KEPUTUSAN 
DECISION 
Permohonall diluluskan 
Application approved 
Permohonan ditolak 
Application rejected 
TarikhlDate: .................................. . 
Tandatangan Pengawal/Signature of Controiler 
NamalName: .................................................. . 
3. KOD PENGILANG 
MANUFACTURER'S CODE 
(a) Penyediaan Salinan Induk 
Mastering 
Nombor Saluran Nombor Model 
Pengeluaran Mes!n Pengilangan 
Production Line Model Number of 
Number Manufacturing 
Machine 
(b) Pereplikaan (termasuk acuan simpanan) 
Replications (including spare mould) 
Nombor Saluran Nombor Model 
Pengeluaran Mesin Pengilangan 
Production Line Model Number of 
Number Manufacturing 
Machine Nombor Siri Kod Pengilang 
Acuan Manufacture r' S 
Mould Serial Code 
Number 
Nombor Siri Kod Pengilang 
Acuan Manufacturer's 
Mould Serial Code 
Number IPINIIIMYS/C/2 
Page 47 
BORANGIFORM ACO-2 
KEMENTERIAN PERDAGANGAN 
DALAM NEGERI DAN HAL 
EHW AL PENGGUNA MINISTRY OF DOMESTIC 
TRADE AND CONSUMER 
AFFAIRS 
AKTA CAKERA OPTIK 2000 
(OPTICAL DISCS ACT 2000) 
PERATURAN-PERATURAN CAKERA OPTIK 2000 
(OPTICAL DISCS REGULATIONS 2000) 
No. Siri: 
Serial No.: 
Lesen diberikan kepada 
Licence is granted to 
Nama Perniagaan 
Name of Business 
beralamat di 
of Peraturan 6 
(Regulations 6) 
No. Lesen: 
Licence No: 
LESEN PENGILANGAN CAKERA OPTIK 
OPTICAL DiSCS MANUFACTURING LICENCE 
(Alamat BerdaftarlRegistered Address) 
untuk menjalankall pengilallgall cakera optik dari ... "." ... " ... " ........ " .. " .. "" ........ "." .. " ................ .. 
to manufacture optical discs from 
hingga .................................................................................................................................................. .. 
to IP/N/lIMYS/C/2 
Page 48 
tertakluk kepada peruntukan Akta Cakera Oplik 2000 clan peraturan-peraturan yang dibuat di 
bawahnya, clan syarat-syarat yang dilampirkan bersama-
subject to the provisions of the Optical Discs Act 2000 and {he regulations made thereunder, and 
the conditions attached herewith-
KOD PENGILANG 
MANUFACTURER'S CODE 
Amaun/Amount: RM 
Resit No'/Receipt No: o o 
Bertarikh pada ................ hh .................................... 20 ......... .. 
Dated this ...................... day of. ............................ 20 ......... .. 
Regulation 
1. Regulation 6 
2. Regulation 7 
3. Regualtion 8 
4. Regulation 9 
5. Regulation 10 
6. Regulation 18 THIRD SCHEDULE 
FEES 
(Regulation 4) 
Matters 
Grant of licence 
(a) principal place 
( b) each place 
Renewal of licence 
(a) principal place 
(b) each place 
Transfer of licence 
Replacement of licence 
Certified copy of licence 
Extract of Register Pengawal Cakera Optik 
Controller of Optical Discs 
Amount of Fees 
(RM) 
2,000 per year 
1,000 per year 
2,000 per year 
1,000 per year 
2,000 each application 
100 each replacement 
100 per copy 
5 per copy Name/Nome: 
AlamatlAddress: 
No. Tclefon: 
Telephone No. 
Tarikh Tempoh 
Lesen Kesahan 
Dikeluarkan Lesen 
Nombor 
Saluran 
Pengeluaran 
Date of Licem:e LiJ.:enCt: PrOdU('lion 
issued Validiry LineJ 
Period 'Number JADUAL KEEMPATIFoURTH SCHEDULE 
AKT A CAKERA OPTIK 2000 
(OPTICAL DISCS ACT 2000) 
PERATURAN-PERATURAN CAKERA OPTIK 2000 
(OPTICAL DISCS REGULATIONS 2000) 
(Peraturan 18) 
(Regulation 18) 
DAFTAR PENGILANG CAKERA OPTIK 
REGISTER OF MANUFACTURERS OF OPTICAL DISCS 
Penyediaan Salinan Induk 
Nama dan 
Nombor Model 
Mesin 
Name and Model 
Machine 
Number No. Lesen 
Licence No. 
No. Telefaks 
re/eJax No. 
Kod PengilanglManuJacturer's Code 
Nombor Nombor 
Kod Saluran 
Pengeluaran 
Code Production 
Number Lines 
Number Pereplikaan 
Nama dan Nombor 
Nombor Model Siri 
Mesin Acuan 
Name and Model MOl/Id 
Machme Serial 
Number Number Nombor 
Kod 
Code 
Number 
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Page 50 
JADUAL KELlMAIF1FTH SCHEDULE 
AKT A CAKERA OPTIK 2000 
(OPTICAL DISCS ACT 2000) 
PERATURAN-PERATURAN CAKERA OPTIK 2000 
(OPTICAL DISCS REGULATIONS 2000) 
(Peraturan 19) 
(Regulation 19) 
REKOD PENGILANG CAKERA OPTIK 
RECORD OF MANUFACTURERS OF OPTICAL DISCS 
BulanlMonth ................................... . BAHAGIAN I 
PART I 
Pengilanganl Manufacturing 
I 
BiL Tarikh 
No. Date Kuantiti Yang 
Dikilangkan 
Quantity 
Manufactured Pengedaranl Distribution 
Pasaran Tempatan Pasaran Eksport 
Local Market Export Market 
Kuantiti Nama dan Kuantiti Nama dan Catatan 
Quantity Alamat Quantity Alamat Note 
Pelanggan Pelanggan 
Name and Name and 
Address of Address of 
Client Client 
-------------
,..., 
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P> ~ \JCiVl 
(l) ---v. Cl to BAHAGlAN II 
PART Il 
Bi!. 
No. Narna dan AJarnal Tuan puny a 
Hakcipta/Pernegang Lesen Eksklusif 
Name and Address of Owner of 
Copyright/Exclusive Licensee NAMA TU AN PUNY A HAKCIPTA 
NAME OF OWNER OF COPYRIGHT 
Tajuk Karya 
Title of Works >-c;i>-< 
'" >-c;i ~Z -Vl -
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>-<: 
C/J 0 -to 
Tarikh Perjanjian Ternpoh 
Date of Agreement Period 
---BAHAGIAN III 
PART 1Jl 
BiL 
No. Tarikh 
Date 
Made 11 October 2000. BAHAN MENTAH -POLIKARBONAT 
RAW MATERIAL -POLYCARBONATE 
Bulan/Month 
PEMBELIANIPURCHASED 
Baki Stok Kuantiti Jumlah Nama dan 
Terdahulu PembeIian Stok Alamat 
Bq,/ance Quntity Semasa Pembekal 
of Purchased «a) + (b)) Name and 
Previous Total of Address 
Stock Current of 
Stock Supplier 
«a) + (b)) 
(a) (b) PENGGUNAANIUSAGE 
BiL Tarikh Kuantiti 
No. Date Digunakan 
QuantifY 
Used 
----------~----------- --.. CATATAN 
Nyatakan cara 
pelupusan lain-
(jika ada) 
NOTE 
State other manner 
of disposal· 
(if any) 
>-< >-Q 
~ ..... ....... 
>-Q~ 
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(1) ....... 
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