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EECA 2024 Penalties: Offences and Fines Under Act 861

Every offence in Malaysia's Energy Efficiency and Conservation Act 2024 (Act 861) and its Regulations, with the maximum fine or jail term for each.

เผยแพร่ 3 พฤศจิกายน ค.ศ. 2026

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The Energy Efficiency and Conservation Act 2024 (EECA 2024, Act 861; Akta Kecekapan dan Konservasi Tenaga 2024) is enforced through criminal offences. This guide lists every offence in the Act and in the Energy Efficiency and Conservation Regulations 2024 (P.U. (A) 466/2024), by section, with the maximum penalty each one carries.

At a glance

  • The Act has 29 offence provisions, and the Regulations add one (regulation 7(4)).
  • Each sets a maximum on conviction, with no minimum. Each of the Act's offences carries a fine of up to RM20,000, RM50,000 or RM100,000; the Regulations' one offence carries a fine of up to RM10,000. Eight of the Act's offences also allow imprisonment of up to two years, or both a fine and imprisonment.
  • The duties most businesses deal with, the registered energy manager, the energy management system, the yearly report and the energy audit, carry fines of up to RM50,000. The RM100,000 maximum is for offences against ST's reviews and investigations, such as obstruction.
  • The Act sets no daily fine for a continuing offence, no higher fine for a repeat offence and no separate fine for companies. A company's directors and officers can be charged with its offence (section 62).
  • An offence can be compounded only once regulations make it compoundable, and then for no more than half its maximum fine (section 61).

Energy consumers

These apply to an energy consumer the Act covers: one using 21,600 GJ or more over twelve consecutive months (section 3(1)(a), regulation 3). Its deadlines run from Suruhanjaya Tenaga's (ST's) written notice (section 3(3)) and from the registered energy manager's appointment.

Offences by an energy consumer
SectionOffenceMaximum penalty
5(3)Not appointing a registered energy manager within the prescribed period and manner: three months from ST's notice (regulation 4)Fine up to RM50,000
6(3)Not developing an energy management system within the prescribed period (one year from the registered energy manager's appointment, regulation 8), or not implementing itFine up to RM50,000
6(4)Not developing and implementing the energy management system in accordance with ST's guidelinesFine up to RM20,000
7(4)Not submitting the energy efficiency and conservation report within the prescribed period and manner: electronically, within 30 days after each year from the registered energy manager's appointment (regulation 9)Fine up to RM50,000
8(4)Not appointing a registered energy auditor to carry out the energy auditFine up to RM50,000
9(10)Not submitting the energy audit report (within one year of ST's notice, then every five years, regulation 10), or a new report ST directs after one isn't rectifiedFine up to RM50,000
Reg. 7(4)Not serving notice within 14 days after the registered energy manager vacates the office (regulation 7(1))Fine up to RM10,000

"Reg." is a regulation of P.U. (A) 466/2024; the other numbers are sections of the Act.

  • Under section 8, only not appointing the auditor is an offence. Not submitting the audit report is the separate offence in section 9(10).
  • If ST asks for more information on an energy audit report and doesn't get it, it may refuse the report (section 9(6)). The texts don't say whether a refused report counts as one not submitted.
  • Appointing a replacement energy manager within three months (regulation 7(2)) and notifying ST of an appointment (regulations 4(3) and 6(2)) carry no penalty of their own in the Regulations. The texts don't say whether section 5(3) applies to a late replacement.

Registered energy managers and auditors

The registered energy manager is personally liable for their own duties, whether they are your employee or appointed from outside.

Offences by a registered energy manager or auditor
SectionOffenceMaximum penalty
5(4)A registered energy manager not carrying out the duties in section 5(2): collecting and analysing energy data, making sure the energy management system is implemented and monitoring it, preparing an accurate energy efficiency and conservation report, and advising on further energy saving measuresFine up to RM20,000
7(3)A registered energy manager not preparing the energy efficiency and conservation report with the contents section 7(1) requiresFine up to RM20,000
25(3)Carrying out an energy manager's functions or duties, or conducting an energy audit, under the Act without being registered and holding a valid practising certificateFine up to RM20,000

The Act has no specific offence for an auditor whose report falls short: ST may direct the energy consumer to rectify the report, then to submit a new one (sections 9(7) and 9(8)). ST may also cancel the registration of a registered energy manager or auditor who has contravened the Act, and that person can't apply to register again (section 30).

Office buildings

These apply to the person in charge of an office building the Act covers: the owner, or whoever has the charge, management or control of the building (section 2). Sections 13 to 15 don't apply where the person in charge is also an energy consumer under the Act (section 16).

Offences about office buildings
SectionOffenceMaximum penalty
11(2)Not displaying the building's energy intensity label in a conspicuous part of the building at all timesFine up to RM50,000
12(2)Any person altering, forging, mutilating, defacing or destroying an energy intensity label, or knowingly using or displaying one that has been tampered with or has expiredFine up to RM50,000, imprisonment up to 2 years, or both
13(8)After ST's written notice of non-compliance, not having an energy audit carried out, or not appointing a registered energy auditor to do itFine up to RM50,000
14(7)Not submitting the building's energy audit report (within one year of the notice of non-compliance, section 14(2)), or a new one ST directsFine up to RM50,000
15(8)Not implementing the energy efficiency improvement plan ST approvedFine up to RM50,000
15(9)Not submitting the energy efficiency improvement plan, or a new one ST directsFine up to RM50,000
  • A building rated below two stars hasn't committed an offence by that alone. ST issues a written notice of non-compliance (section 13(4)), and the offences above follow only if the audit, the report or the plan isn't done.
  • Applying late for the energy intensity label costs a late fee of RM100, not a fine (section 10(2), regulation 11(4) and item 2 of the Schedule). The texts don't say whether never applying is an offence.

Our office building energy label calculator estimates a building's energy intensity and star band from GP/ST 48's formula and tables.

Energy-using products and training institutions

Offences about energy-using products and training
SectionOffenceMaximum penalty
17(2)Any person selling, offering to sell, displaying, advertising or leasing a covered energy-using product without ST's energy efficiency rating labelFine up to RM50,000
18(2)A manufacturer or importer distributing a covered energy-using product without being registered with ST, or without a certificate of energy efficiency for itFine up to RM50,000, imprisonment up to 2 years, or both
23(3)A registered manufacturer or importer not recalling a product within the period in ST's notice after its certificate of energy efficiency is cancelledFine up to RM50,000
24(2)A registered manufacturer or importer not keeping the product's energy performance testing report or assessment letter for seven yearsFine up to RM50,000
31(2)A training institution running a training course for intending registered energy managers, or a continuous development programme for them, without registration and a valid practising certificateFine up to RM50,000

ST's reviews and investigations

The highest penalties are for getting in ST's way. They apply to any person unless the offence names who.

Offences against ST's reviews and investigations
SectionOffenceMaximum penalty
37(3)During ST's review or audit of compliance: not furnishing the information ST requires, intentionally altering, suppressing or destroying it, or refusing to assist or obstructing ST or the independent expert (energy consumers, persons in charge of buildings, registered energy managers and auditors, registered manufacturers, importers and training institutions, and others ST determines)Fine up to RM100,000, imprisonment up to 2 years, or both
38(4)Not complying with ST's written direction to give information, produce documents or appear before an authorized officerFine up to RM100,000, imprisonment up to 2 years, or both
38(5)When directed to produce documents: not saying where those not in your custody can be found, or not making sure what you give is true, accurate and completeFine up to RM100,000
40(2)Not complying with ST's written notice to allow access to your recordsFine up to RM20,000
45(8)Breaking, tampering with or damaging an authorized officer's seal, or removing items under seal, or trying toFine up to RM100,000, imprisonment up to 2 years, or both
47(5)Not giving an authorized officer access to recorded information or computerized data, including passwords and decryption codesFine up to RM100,000
48(1)Tipping-off: disclosing information likely to prejudice an investigation under the Act, knowing or suspecting it is under wayFine up to RM100,000, imprisonment up to 2 years, or both
56Obstruction: refusing an authorized officer access, assaulting, obstructing, hindering or delaying an officer, refusing information, or giving information or documents they know or have reason to believe are false or misleading in response to ST's directionFine up to RM100,000, imprisonment up to 2 years, or both
59Destroying, concealing, mutilating or altering documents, data or other things to defraud ST or to obstruct an investigationFine up to RM100,000, imprisonment up to 2 years, or both

Companies, directors and employees

  • Directors and officers (section 62). When a company, limited liability partnership, firm, society or other body of persons commits an offence, its directors, compliance officers, partners, managers, secretaries and similar officers, and anyone responsible for its management, may be charged with it. If the company is found guilty, each of them is deemed guilty and liable to the same penalty as an individual, unless they prove that the offence was committed without their knowledge, and without their consent or connivance, and that they took all reasonable precautions and exercised due diligence to prevent it.
  • Employees and agents (section 63). A person is liable to the same penalty for an offending act, omission, neglect or default of their employee in the course of employment, of their agent acting on their behalf, and of their agent's employee. Section 63 has no due diligence defence, so this matters when you rely on a consultant or agent.
  • Prosecution (section 60). No prosecution for an offence under the Act can start except by, or with the written consent of, the Public Prosecutor.

Compounding

Compounding settles an offence by payment, without prosecution (section 61):

  • It is possible only for offences that the Minister, with the Public Prosecutor's approval, has prescribed as compoundable in regulations (section 61(1)).
  • ST may then, with the Public Prosecutor's written consent and before any prosecution, offer in writing to compound the offence for no more than 50% of its maximum fine (section 61(2)). For an offence with a maximum fine of RM50,000, that works out at no more than RM25,000.
  • If the offer is paid in time, there is no prosecution for that offence; if it isn't, prosecution may follow (sections 61(3) and 61(4)).

The Energy Efficiency and Conservation Regulations 2024 contain no compounding provisions, and none of the texts we read prescribes an offence as compoundable.

Fees and other consequences

Some consequences aren't fines:

  • Late fees. RM100 for a late energy intensity label application (item 2 of the Schedule), and RM100 for renewing a registered energy manager's or auditor's practising certificate after it expires (section 29(2), item 14 of the Schedule).
  • Cancelled registration. ST may cancel the registration of a registered energy manager or auditor, for example for contravening the Act (section 30).
  • An independent expert at your cost. In a review or audit, ST may require an energy consumer, a person in charge of a building, a registered energy manager or auditor and others to appoint an independent expert at their own cost (section 37(1)(b)).

Key terms in Bahasa Malaysia

The Malay text of the Act uses kesalahan for offence, apabila disabitkan for on conviction, didenda tidak melebihi for a fine not exceeding, pengkompaunan for compounding and Pendakwa Raya for the Public Prosecutor.

Staying clear of these offences

Most of the offences an energy consumer faces come from a missed duty or deadline. Check whether the 21,600 GJ threshold applies with the EECA 2024 checker, work out your dates with the EECA 2024 deadlines calculator, and read the EECA 2024 guide for the duties behind each offence. Our guide to the registered energy manager under EECA 2024 covers the REM's own duties and liability.

2R Control Automation is a Suruhanjaya Tenaga registered ESCO (BIL ESCO 204(2019)/149/2023) with Registered Energy Auditors and Registered Energy Managers of both types. See EECA 2024 compliance for how we help with each duty.

This guide lists the offences as printed in the English text of Act 861 and P.U. (A) 466/2024, read on 3 November 2026. The amounts are the maximums on conviction. It is not legal advice: check the current texts, which may be amended, before relying on it.

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