Section 3

the Government of Malaysia;

the Government of a State;

any local authority and any other statutory authority;

any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority;

any society registered under *subsection 7(1) of the

Societies Act 1966 [Act 335];

any branch of a registered society established under

*section 12 of the Societies Act 1966;

any sports body registered under section 17 of the Sports

Development Act 1997 [Act 576];

any co-operative society registered under section 7 of the

Co-operative Societies Act 1993 [Act 502];

*NOTE—Societies Act 1966 [Act 335] has been revised and named as Societies Act 1966

[Act 832] which comes into operation on 1 December 2021.

Malaysian Anti-Corruption Commission 9

any trade union registered under section 12 of the Trade

Unions Act 1959 [Act 262];

any youth society registered under section 9 of the Youth

Societies and Youth Development Act 2007 [Act 668];

any company or subsidiary company over which or in which any public body as is referred to in paragraph (a),

, (c), (d), (e), (f), (g), (h), (i) or (j) has controlling power or interest; or

any society, union, organization or body as the Minister may prescribe from time to time by order published in the Gazette;

“banker’s book” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of business of a bank;

“agent” means any person employed by or acting for another, and includes an officer of a public body or an officer serving in or under any public body, a trustee, an administrator or executor of the estate of a deceased person, a subcontractor, and any person employed by or acting for such trustee, administrator or executor, or subcontractor;

“property” means real or personal property of every description, including money, whether situated in Malaysia or elsewhere, whether tangible or intangible, and includes an interest in any such real or personal property;

“financial institution” means—

a licensed bank, licensed insurer and investment bank under the Financial Services Act 2013 [Act 758];

a licensed international Islamic bank, licensed international takaful operator, licensed Islamic bank and licensed takaful operator under the Islamic Financial Services

Act 2013 [Act 759];

a prescribed institution under the Development Financial

Institutions Act 2002 [Act 618];

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a licensee under the Money Services Business Act 2011

[Act 731];

a person licensed or registered under the Capital Markets and Services Act 2007 [Act 671];

the central depository established under the Securities

Industry (Central Depositories) Act 1991 [Act 453];

a bank licensee, an insurance licensee, a securities licensee and any entity licensed or registered under the Labuan

Financial Services and Securities Act 2010 [Act 704];

an Islamic bank licensee, a takaful licensee, an Islamic securities licensee and any entity licensed or registered under the Labuan Islamic Financial Services and Securities

Act 2010 [Act 705]; and

any other financial institution established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the

Co-operative Societies Act 1993;

“monetary instrument” means coin or currency of Malaysia or of any other country, travellers’ cheque, personal cheque, bank cheque, money order, investment security or negotiable instrument in bearer form or otherwise in such form that title thereto passes upon delivery or upon delivery and endorsement;

“offence under this Act” includes a prescribed offence;

“prescribed offence” means—

any offence under any written law as specified in the

Schedule;

an offence punishable under section 137 of the Customs

Act 1967 [Act 235];

an offence under Part III of the Election Offences Act 1954 [Act 5];

Malaysian Anti-Corruption Commission 11

an attempt to commit any of the offences referred to in paragraphs (a) to (c); or

an abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code [Act 574])

any of the offences referred to in paragraphs (a) to (c), whether or not the offence is committed in consequence thereof;

“Chief Commissioner” means the Chief Commissioner of the Malaysian Anti-Corruption Commission appointed under section 5;

“court” means—

a High Court or a Judge of a High Court; or

a Sessions Court or a Magistrate’s Court or a Sessions

Court Judge or a Magistrate, as the case may be;

“Minister” means the Minister responsible for the Malaysian

Anti-Corruption Commission;

“officer” or “junior officer” means any officer or junior officer appointed under subsection 6(1) or (2);

“foreign public official” includes—

any person who holds a legislative, executive, administrative or judicial office of a foreign country whether appointed or elected;

any person who exercises a public function for a foreign country, including a person employed by a board, commission, corporation, or other body or authority that is established to perform a duty or function on behalf of the foreign country; and

any person who is authorized by a public international organization to act on behalf of that organization;

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“officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High

Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;

“senior officer of the Commission” means the Chief Commissioner, the Deputy Chief Commissioner, a Commissioner, a Deputy

Commissioner, a Chief Senior Assistant Commissioner, a Senior

Assistant Commissioner, an Assistant Commissioner, a Senior

Superintendent, and a Superintendent;

“officer of the Commission” means the Chief Commissioner and any officer appointed under subsection 6(1);

“purchaser in good faith for valuable consideration” means any transferee, assignee, chargee, mortgagee, pledgee, holder of a lien, or lessee, of any property where the transfer, assignment, charge, mortgage, pledge, lien, or lease was obtained by him for adequate consideration in money or money’s worth, without notice that the property was obtained in consequence of the commission of any offence under this Act;

“business” means any activity carried on for the purpose of gain or profit and includes all property derived from or used in or for the purpose of carrying on such activity, and all the rights and liabilities arising from such activity;

“statutory authority” means an authority, whether consisting of a single person or a body of persons, established by Federal or

State law and exercising powers, discharging duties or performing functions conferred upon the authority by any Federal or State law;

“local authority” has the meaning assigned to it in section 2

of the Local Government Act 1976 [Act 171];

“principal” includes any employer, any beneficiary under a trust, any trust estate, any person beneficially interested in the estate of a deceased person, the estate of a deceased person, and, in the case of any person serving in or under a public body, the public body;

Malaysian Anti-Corruption Commission 13

“relative”, in relation to a person, means—

a spouse of the person;

a brother or sister of the person;

a brother or sister of the spouse of the person;

a lineal ascendant or descendant of the person;

a lineal ascendant or descendant of a spouse of the person;

a lineal descendant of a person referred to in paragraph (b);

the uncle, aunt or cousin of the person; or

the son-in-law or daughter-in-law of the person;

“associate”, in relation to a person, means—

any person who is a nominee or an employee of such person;

any person who manages the affairs of such person;

any organization of which such person, or any nominee of his, is a partner, or a person in charge or in control of, or has a controlling interest in, its business or affairs;

any corporation within the meaning of the *Companies

Act 1965 [Act 125], of which such person, or any nominee of his, is a director or is in charge or in control of its business or affairs, or in which such person, alone or together with any nominee of his, has or have a controlling interest, or shares to the total value of not less than thirty per centum of the total issued capital of the corporation; or

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which come into operation on 31 January 2017—see subsection 620(1) of Act 777.

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the trustee of any trust, where—

the trust has been created by such person; or

money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;

any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;

any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;

any forbearance to demand any money or money’s worth or valuable thing;

any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and

any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);

Malaysian Anti-Corruption Commission 15

“Commission” means the Malaysian Anti-Corruption Commission;

“appointed date” means the date on which this Act comes into operation;

“dealing” includes—

any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, or extension of credit;

any agency or grant of power of attorney; and

any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole of or in part of any property being conferred on any person.