107. Mandatory standard to take precedence.
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 a legal defence.
Compliance with a mandatory standard shall be a defence 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. Civil penalty for non-compliance.
(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 to 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. Undertaking by a person.
(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.
(2) An undertaking provided by a person under subsection (1) may—
(a) set out the terms and conditions for the undertaking; or
(b) adopt the model terms and conditions from a registered voluntary industry code,
and the undertaking may include the effective date of the undertaking and/or the date of its expiry.
111. Registration of an undertaking.
(1) An undertaking provided under this Chapter shall only be valid and enforceable upon its
registration.
(2) A person may submit a written application to the Commission to have an undertaking registered by
the Commission.
(3) The Commission shall register an undertaking if it is satisfied that the undertaking—
(a) is consistent with the objects of this Act;
(b) is consistent with any instrument made under this Act;
(c) is consistent with any relevant provisions in this Act; and