Malaysia legislation
Section 124
Section 124
An Assistant Controller when acting under this Act shall on demand declare his office and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Controller may direct to be carried by such officer.
Power of Assistant Controller to require provision of information 124a. (1) This section applies to a person if the Assistant Controller, in carrying out an investigation under this Part, has reason to believe that the person—
(a)
has any information or any document that is relevant to the performance of the Assistant Controller’s powers and functions under this Act; or
(b)
is capable of giving any evidence which the
Assistant Controller has reason to believe is relevant to the performance of the Assistant Controller’s powers and functions under this Act.
(2)
Notwithstanding the provisions of any other written law, the
Assistant Controller, by written notice, may direct any person—
(a)
to provide the Assistant Controller, within the period and in the manner and form specified in the notice, any information referred to in subsection (1);
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(b)
to produce to the Assistant Controller, within the period and in the manner specified in the notice, any document referred to in subsection (1), whether in physical form or in electronic media;
(c)
to make copies of, or extracts from, any document referred to in subsection (1) and to produce copies or extracts of such documents, as the case may be, to the
Assistant Controller within the period and in the manner specified in the notice;
(d)
if the person is an individual, to appear before the
Assistant Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;
(e)
if the person is a body corporate, to cause a relevant and competent officer of the body corporate to appear before the Assistant Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;
(f)
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before the Assistant Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; or
(g)
to make a statement to the Assistant Controller providing an explanation of any information or document referred to in subsection (1) within the period and in the manner and form specified in the notice.
(3)
Where the Assistant Controller directs any person to produce any document under subsection (2) and the person is not in custody of the document, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
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(b)
identify, to the best of his knowledge and belief, the last person who had custody of the document and state, to the best of his knowledge and belief, where that last-mentioned person may be found.
(4)
Any person directed to provide information or document under subsection (2) shall ensure that the information or document provided is true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information or document which would make the information or document provided untrue or misleading.
(5)
Any person who refuses or fails to comply with the direction made by the Assistant Controller under subsection (2) commits an offence.
Assistant Controller may retain documents 124b. (1) An Assistant Controller may take and retain, for as long as is necessary, possession of any document obtained under this Part.
(2)
The person who provided the document referred to in subsection (1) is entitled to be supplied, as soon as practicable, with a copy certified by the Assistant Controller to be a true copy of the document.
(3)
Notwithstanding the provisions of any other written law, the certified copy of the document shall be admissible as evidence as if it were the original document.
(4)
If the Assistant Controller is satisfied that the retaining of the document is no longer necessary, the Assistant Controller may return the document to the person who provided the document, as soon as practicable.
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Access to records 124c. (1) Any person shall, if at any time directed by the
Assistant Controller, allow the Assistant Controller to have access to his books, records, documents, things or matters for the purposes of carrying out any of the Assistant Controller’s functions or powers under this Act.
(2)
Any person who fails to comply with the direction made by the Assistant Controller under subsection (1) commits an offence.
Power to enter premises, and inspect goods and documents, etc.