Malaysia legislation
Section 5c
of Akta 397
Seksyen 5c
(2)
At a meeting of the Tariff Advisory Committee the quorum shall be two official members and one unofficial member of the Committee; and at a meeting of a sub-committee appointed under subsection (1) the quorum shall be not less than half the members of the sub-committee, including at least one official member of the Tariff Advisory Committee.
(3)
At a meeting of the Tariff Advisory Committee or a sub-committee appointed under subsection (1) the Chairman of the Tariff Advisory Committee, if present, shall preside and in his absence an official member nominated by him.
(4)
No member of the Tariff Advisory Committee shall take any part in the proceedings of this Committee or sub-committee on any matter in which he has to his knowledge any direct or indirect pecuniary interest, unless he has declared that interest to the Committee or sub-committee, as the case may be.
(5)
Subject to this Act and any regulations made thereunder, the Tariff Advisory Committee may make rules to regulate its proceedings or proceedings of its sub-committee, and in any matter not governed by the rules of a subcommittee shall comply with any general directions given at the time of its appointment by the Tariff Advisory Committee.
(6)
The Tariff Advisory Committee may hold any inquiry into the matter before it on any review, reference or application or, if it sees fit, separate inquiries into the several matters so before it.
(b)
In every inquiry under this subsection the following provisions shall have effect, that is to say—
(i)
notice of any inquiry to be held by the Tariff Advisory Committee shall be given not less than three weeks beforehand by notification in the Gazette and in such other manner as it may think appropriate;
(ii)
the Tariff Advisory Committee may receive evidence orally or in writing, and may require oral evidence to be given on oath and written evidence to be verified on oath or by statutory declaration;
(iii)
for the summoning and examination of witnesses, for the administration of oaths and for compelling the production of documents, the Tariff Advisory Committee shall have the powers of a Sessions Court; and
(iv)
the Tariff Advisory Committee may retain any document produced before it on an inquiry for such period as may be reasonable to allow it to examine the document and take copies or extracts.
(c)
For the purposes of this subsection, a public inquiry shall be held only where the Tariff Advisory Committee considers it desirable in the public interest so to do or if the Minister or the Minister of Finance so directs; and in every case where a public inquiry is held the following provisions shall, in addition to the provisions of paragraph (b), have effect, that is to say—
(i)
the Committee shall sit in public to receive oral evidence; and
(ii)
the Committee may, during the course of its proceedings, make any written evidence available for inspection to any person desiring or required to give evidence.
(d)
No person shall be compellable to give any evidence or to produce any document under this subsection which would disclose any secret process of manufacture.".