(5) A person shall not be excused, by reason that to do so may incriminate that person or the
wife or husband of the person of an offence under this Act‐
(a) from answering any question put to that person in any civil proceedings;
(b) from complying with any order made in any such proceedings,
but no statement of admission made by a person in answering a question put or complying with
an order made shall, in proceedings for an offence under this Act, be admissible in evidence
against that person or (unless they married after the making of the statement or admission)
against the wife or husband of that person.
Penalties 16. (1) Any person convicted of an offence under section 3,4,6,8,9 or 10 shall be to a fine of
K50,000 and to imprisonment for three years.
(2) Any person convicted of an offence under section 15 shall be liable to a fine of K200 and
to imprisonment for six months.
Time limit for 17. No prosecution for an offence under this Act shall be brought after‐
prosecutions
(a) the expiration of 3 years from the date of commission of the offence; or
(b) the expiration of 1 year from the date of discovery of the offence by the prosecution,
whichever is the earlier.
Offences by 18. Where a body corporate is convicted of an offence under this Act, every person who, at the
corporations time of the commission of the offence, was a director, manager, secretary or other similar officer
of the body corporate, or any person who was purporting to act in any such capacity, shall be
deemed to be guilty of that offence unless he proves that the offence was committed without
his knowledge, or that he exercised all du diligence to prevent the commission of the offence.
Offences due 19. Where the commission by any person of an offence under this Act is due to the act or default
to fault of of some other person, that other person shall be guilty of the offence, and a person may be
other persons charged with and convicted of the offence by virtue of this section whether or not proceedings
are taken against the first‐mentioned person.
Accessory to 20. Subject to the provisions of this Act, any person who, in Malawi, procures, counsels aids,
offences abets or is accessory to the commission outside Malawi of an act which if committed in Malawi,
committed would be an offence under this Act, commits that offence as a principal and shall be liable to be
outside Malawi prosecuted in Malawi as if the offence had been committed within Malawi.
Samples 21. (1)Where any act or omission constitutes both an offence under this Act and an offence
Cap. 34:01 under the Public Health Act, evidence on behalf of the prosecution concerning any sample
procured for analysis shall be admissible in proceedings in respect of the offence under this Act
if, but only if, the provisions of section 107 of the Public Health Act have been complied with.
(2) The Minister may be regulations made under section 33 provide that in any proceedings
for an offence under this Act, in relation to such goods as may be specified in the regulations
(other than proceedings for an offence referred to in subsection (1), evidence on behalf of the
prosecution concerning any sample procured for analysis shall not be admissible unless the
sample has been dealt with in such manner as may be specified in the regulations.
Evidence by 22. (1) The Minister may be regulations made under section 33 provide that certificates issued by
certificate such persons, in relation to such matters, as are specified in the regulations shall, subject to this
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