Malaysia legislation
Section 10
Section 10
Powers of officers of the Commission
(a)
an officer of the Commission shall have, for the purposes of this Act, all the powers and immunities of a police officer appointed under the Police Act 1967 [Act 344];
and
(b)
a junior officer of the Commission shall have, for the purposes of this Act, all the powers and immunities of a prison officer of the rank of sergeant and below under the Prison Act 1995 [Act 537] when escorting and guarding persons in custody of the Commission and those of a police officer of the rank of sergeant or below appointed under the Police Act 1967.
(2)
Without prejudice to the generality of subsection (1)—
(a)
an officer of the Commission of the rank of Superintendent and above shall have all the powers of a police officer of the rank of Assistant Superintendent of Police and above; and
20
Act 694
(b)
a Chief Senior Assistant Superintendent, a Senior Assistant
Superintendent and an Assistant Superintendent of the
Commission shall have all the powers of a police officer of the rank of Inspector and above.
(3)
Where in the course of any investigation or proceedings in court in respect of the commission of an offence under this Act by any person, there is disclosed an offence under any other written law, not being an offence under this Act, regardless whether the offence is committed by the same person or any other person, the officer of the Commission responsible for the investigation or proceedings, as the case may be, shall notify the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above who may issue such directions as he thinks fit.
(4)
For the purpose of this Act—
(a)
where an order, a certificate or any other act is required to be given, issued or done by an officer in charge of a Police District under any written law, such order, certificate or act may be given, issued or done by a senior officer of the Commission, and for such purpose, the place where the order, certificate or act was given, issued or done shall be deemed to be a Police District under his charge;
(b)
an officer of the Commission shall have all the powers conferred on an officer in charge of a police station under any written law, and for such purpose the office of such officer shall be deemed to be a police station.
(5)
For the avoidance of doubt, it is declared that for the purposes of this Act an officer of the Commission shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof, but in the event of any inconsistency or conflict between the provisions of this Act and those of the Criminal Procedure Code, the provisions of this Act shall prevail.
Malaysian Anti-Corruption Commission 21
Duties of officers of the Commission