Malaysia legislation
Section 58
Section 58
Power to grant a licence to provide for the transfer of functions
(1)
The Director General shall have the power to grant licences on such conditions as the Director General may think fit to any person to undertake, under a privatization plan, any of the Director
General’s functions in relation to the administration and operation of the Registry.
(2)
Before exercising his powers under subsection (1), the Director
General shall prepare and submit to the Minister a privatization plan for his approval.
(3)
No privatization plan shall be put into effect until it has been approved by the Minister.
(4)
Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters:
(a)
the functions performed by the licensee;
(b)
the compliance by the licensee of the performance standards determined by the Director General;
(c)
the duration of the licence;
(d)
the annual fee payable by the licensee;
(e)
the particular duties of the licensee in respect of the functions performed by it; and
(f)
such other matters or conditions as the Director General thinks fit.
(5)
The Minister may make regulations for the purposes of subsection (1).
(6)
In particular, but without prejudice to the generality of subsection (5), the Minister may make regulations—
(a)
to prescribe the charges, fees or levy which shall be paid to the licensee in respect of the functions performed by the licensee;
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Langkawi International Yacht Registry
(b)
to prescribe the qualifications of persons to be employed by the licensee and to regulate their competency;
(c)
to prescribe the type of records to be kept by the licensee;
(d)
to prescribe the type of returns to be submitted by the licensee to the Director General at certain intervals; and
(e)
to regulate the inspection by the Director General of the premises of the licensee and the records kept at the premises.
(7)
The Minister may, by order published in the Gazette, authorize a licensee to demand, collect and retain charges, fees or levy prescribed under subsections (5) and (6) in respect of the functions performed by the licensee.
(8)
An order made under subsection (7) shall specify—
(a)
the type of functions in respect of which charges, fees or levy may be demanded, collected and retained;
(b)
the right of the licensee to demand, collect and retain the charges, fees or levy; and
(c)
the duration of the right to demand, collect and retain the charges, fees or levy.
(9)
The licensee authorized under subsection (7) shall—
(a)
maintain such accounts, books and records in respect of the payment and collection of charges, fees or levy as the
Director General may require;
(b)
furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Director General may require;
and
(c)
permit the Director General or any authorized officer to have access to, or examine or inspect any document, machinery or equipment maintained or used for the payment or collection of charges, fees or levy.
(10)
In pursuance of the licence granted under subsection (1), the licensee shall make to the Government such payment as may be agreed between the parties.
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(11)
The licensee under subsection (7) shall not render the
Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the licensee to perform his obligations under this Act in respect of which charges, fees or levy are demanded, collected and retained.
(12)
If without reasons acceptable to the Director General the licensee contravenes or fails to comply with any condition of the licence or any of the provisions of this section or the regulations made under this section and fails to remedy such contravention or failure within a stipulated time period, the Director General may revoke the licence granted to the licensee in pursuance of subsection (1).