Malaysia legislation
Section 4
Section 4
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(2)
Save in any case in which it appears to the licensing officer that the application should be refused on any of the grounds specified in subsection (4) the licensing officer shall submit the application to the authority who will signify to the licensing officer whether or not the application is to be refused on the grounds of public policy or because the collection is contrary to the public interest.
(3)
Subject to the following provisions of this section the licensing officer shall grant to the applicant a licence authorizing him to promote a collection but subject to such conditions as the licensing officer may think fit to impose.
(4)
The licensing officer may in his absolute discretion refuse to grant a licence or may at any time revoke a licence granted if it appears to him—
(a)
that the total amount likely to be applied for the purpose of the collection from the proceeds thereof (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received (including any proceeds already received);
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(b)
that remuneration which is excessive in relation to the total amount aforesaid is likely to be, or has been, re-tained or received out of the proceeds of the collection by any person;
(c)
that the grant of a licence would be likely to facilitate the commission of an offence under any written law, or that any such offence has been committed in connection with the collection, and in particular, that any force, threat or compulsion is likely to be, or has been, used in order to obtain any contribution for the purpose of the collection;
(d)
that the applicant for or the holder of a licence is not a fit and proper person to hold a licence by reason of the fact that he has been convicted, whether in the Federation or elsewhere, of any offence conviction for which necessarily involved or implied a finding that he had acted fraudulently or dishonestly, or of any offence of a kind the commission of which would be likely to be facilitated by the grant of a licence;
(e)
that the applicant for or the holder of a licence, in promoting a collection in respect of which a licence has been granted to him, has failed to exercise due diligence to secure that persons authorized by him to act as collectors for the purposes of the collection were fit and proper persons, to secure compliance, on the part of persons so authorized, with the provisions of this Act or of any regulations made thereunder, or to prevent prescribed badges or prescribed certificates of authority being obtained by persons not so authorized;
(f)
that the collection is in aid of, or that the promoter or any of the collectors are members of an illegal society, or that the purpose of the collection is illegal or fictitious;
(g)
that the applicant for or the holder of a licence has furnished false information to the licensing authority, or has refused or neglected to furnish to the licensing authority such information as he may reasonably require for the purpose of informing himself as to any of the matters specified in the foregoing paragraphs.
(5)
Where under subsection (2) the authority has signified to the licensing officer that the collection is objectionable on the grounds of public policy, or that the refusal of a licence is otherwise desirable in the public interest, the licensing officer shall refuse the licence.
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(6)
If at any time it appears to the authority that the revocation of a licence previously granted is desirable in the public interest the authority may direct the licensing officer to revoke such li-cence and the licensing officer shall forthwith revoke the same accordingly.
(7)
Subject to the provisions of this section, a licence granted under the provisions of this section shall remain in force for such period as is expressed therein not exceeding one month, and may be renewed from time to time.
(8)
Every application for a licence shall specify an address within the Federation for service on the applicant of any notice or other communication required to be served on him.
(9)
Where the licensing officer refuses to grant a licence or revokes a licence which has been granted he shall forthwith give written notice to the applicant or the holder of the licence stating upon which one or more of the grounds set out in subsection (4)
or (5) or (6) the licence has been refused or revoked and informing him of the right of appeal given by this section, and the applicant or the holder of the licence may thereupon appeal to the authority against the refusal or revocation, as the case may be, and the decision of the authority shall be final:
Provided that where the grant of a licence is refused or a licence is revoked in accordance with subsection (5) or (6) such appeal shall be to the Ruler in Council or the Yang di-Pertua Negeri in
Council, as the case may be, of the State where the authority is the Chief Minister and to the Yang di-Pertuan Agong where the authority is the Minister.
(10)
It shall not be necessary in any notice given under subsection
(9)
for the licensing officer to state any reasons or to disclose the nature or source of the information on which any refusal or revocation was based.
(11)
The time within which any such appeal may be brought shall be fourteen days from the date on which notice is given under subsection (9).
(12)
In the event of an appeal under subsection (9) being allowed, the licensing officer shall be notified in writing and shall forthwith issue a licence or cancel the revocation, as the case may be.
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Regulations