Malaysia legislation

Section 43

of DIRECT SALES AND ANTI-PYRAMID SCHEME ACT 1993

Section 43

No action or prosecution shall be brought, instituted or maintained in any court against the Controller, Deputy Controllers,

Assistant Controllers or any other officer duly appointed under

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this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act and the regulations and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Controller, a Deputy Controller, an Assistant

Controller or any other officer duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Protection of informers 43a. (1) Except as provided in this section, no witness in any civil or criminal proceedings shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or to state any matter which might lead to his discovery.

(2)

If any property, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

(3)

If in a trial for any offence under this Act or the regulations, the court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.

Regulations

Section 43 — AKTA JUALAN LANGSUNG DAN SKIM ANTI-PIRAMID 1993