*ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009

This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.

This Act applies to complaints made or referred to the

Commission in respect of misconduct occurring on or after the commencement of this Act.

This Act shall apply to an enforcement agency as prescribed by the Prime Minister in the Schedule.

Notwithstanding subsection (4), this Act shall not apply to the

Malaysian Anti-Corruption Commission established under the

Malaysian Anti-Corruption Commission Act 2009 [Act 694].

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Interpretation

any Ministry, Department, Agency or other body set up by the Federal Government, including a unit, section, division, department or agency of such Ministry,

Department, Agency or body, conferred with enforcement functions by any written law or having enforcement powers;

a body established by a Federal law which is conferred with enforcement functions by that Federal law or any other written law; or

a unit, section, division, department or agency of a body established by Federal law having enforcement functions;

“Complaints Committee” means the Complaints Committee established under section 16;

“disciplinary offence” includes any act or inaction that constitutes or may constitute grounds for disciplinary action under any written law;

“Task Force” means a Task Force established under section 17;

“enforcement officer” means an officer of—

an enforcement agency; or

the joint service established under Article 133 of the

Federal Constitution who is performing an enforcement function;

“Commissioner” means the Chairman, Deputy Chairman and other

Commissioner appointed under section 5;

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“Disciplinary Authority”, in relation to an enforcement officer in—

a Federal Ministry, means the appropriate Disciplinary

Authority established under Part X of the Federal

Constitution but does not include the Armed Forces

Council established under Article 137 of the Federal

Constitution;

a Federal statutory body, means the Disciplinary

Authority established—

under the Federal law in force relating to the discipline of, and the imposition of surcharge on, officers of statutory bodies; or

a joint service pursuant to Article 133 of the Federal

Constitution, means the Disciplinary Authority established under Article 139 of the Federal Constitution;

“misconduct” means any act or inaction as specified in section 24;

“Commission”

means the

Enforcement

Agency

Integrity

Commission established under section 3.

The Commission shall have perpetual succession and a common seal.

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The Commission may sue and be sued in its name.

Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit—

to receive complaints of misconduct from the public against an enforcement officer or against an enforcement agency in general and to investigate into and conduct hearings on such complaints;

to formulate and put in place mechanisms for the detection, investigation and prevention of misconduct by an enforcement officer;

to protect the interest of the public by preventing and dealing with misconduct of an enforcement officer;

to provide for the auditing and monitoring of particular aspects of the operations and procedures of an enforcement agency;

to promote awareness of, enhancement of, and education in relation to, integrity within an enforcement agency and to reduce misconduct amongst enforcement officers;

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to assist the Government in formulating legislation, or to recommend administrative measures to the Government or an enforcement agency, in the promotion of integrity and the abolishment of misconduct amongst enforcement officers;

to study and verify any infringement of enforcement procedures and to make any necessary recommendations relating thereto; and

to make site visits to the premises of an enforcement agency, including visiting police stations and lockups in accordance with the procedures under any written law, and make any necessary recommendations relating thereto.

The Commission shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions.

Constitution of the Commission

No person shall be eligible to be appointed as a Commissioner if he is or was an enforcement officer.

The appointment of Commissioners under this section shall be published in the Gazette.

Remuneration

A person may not hold the office of a Commissioner for more than two terms consecutively.

A Commissioner may at any time resign his office by letter addressed to the Yang di-Pertuan Agong.

The appointment of a Commissioner may at any time be revoked by the Yang di-Pertuan Agong.

Vacation of office

he dies;

there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

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he absents himself from three consecutive meetings of the

Commission without leave of the Chairman;

his resignation has been accepted by the Yang di-Pertuan

Agong;

his appointment has been revoked by the Yang di-Pertuan

Agong; or

his term of appointment has expired.

Meetings of the Commission

The Chairman of the Commission shall preside at all meetings of the Commission.

The quorum of the Commission shall be four.

Every Commissioner present shall be entitled to one vote and if on a question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote.

The Commission shall determine the conduct of its own proceedings.

The Commission shall cause minutes of all its meetings to be maintained and kept in a proper form.

The Commission may invite any person to attend a meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or be present during the making of a decision.

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Temporary exercise of functions of Chairman

The Secretary shall be appointed by the Commission.

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The Secretary shall be appointed on such terms and conditions and shall have such functions as the Commission may determine.

Officers and staff of the Commission

The Commission may appoint any officers from any enforcement agency on secondment basis to be its investigators.

The Commission may appoint such number of legal officers as may be necessary who shall be seconded from amongst officers of the Judicial and Legal Service or appointed from amongst advocates and solicitors to assist the Commission.

An officer of the Commission having directly or indirectly, by himself, a member of his family or his associate, any interest or connection to an enforcement officer under investigation by the

Commission shall disclose his interest or connection forthwith to a

Commissioner and shall not be involved in any investigation conducted by the Commission as regards that enforcement officer.

The Commission may, with the approval of the Yang di-Pertuan

Agong, make regulations with respect to the conditions of service of its officers and staff.

Consultants

A person engaged under subsection (1) having directly or indirectly, by himself, a member of his family or his associate, any interest or connection to an enforcement officer under investigation by the Commission shall disclose his interest or connection forthwith to a Commissioner and shall not be involved in any investigation conducted by the Commission as regards that enforcement officer.

Complaints Committee

The Complaints Committee shall have the following duties and responsibilities:

The members of a Task Force may comprise the officers of the Commission and the consultants engaged under section 15.

A Task Force shall perform such functions and duties conferred upon the Task Force under this Act.

The members of a Task Force shall have all the powers of investigation as contained in the Criminal Procedure Code [Act 593]

and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

The Commission may establish joint task forces with any other authorities as it deems necessary.

Other committees

The Commissioner, chief executive officer, other officer of the Commission or a member of a Task Force 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 the authority card issued to him under subsection (1).

Use of staff, facilities or services

any staff or facilities of a government department or a local or statutory authority; or

any enforcement officer to cooperate with, or assist, a

Task Force in the exercise of its duties, or to assist the

Commission in the performance of its functions under this Act.

It shall be the duty of the government departments or local or statutory authority or enforcement officer referred to in subsection (1) to comply with this section.

Cooperation with other agencies

In performing its other relevant functions, the Commission may work in cooperation with educational institutions and such other persons as the Commission deems appropriate.

The Commission may consult with and disseminate intelligence and information to any other investigation and law enforcement agencies and such other persons, including any task force, as the Commission deems appropriate.

If the Commission disseminates intelligence or information to any agency or person under this section on the understanding that the intelligence or information is confidential, the agency or person is subject to the secrecy provisions in relation to the intelligence or information.

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The Commission shall have power to refer any complaints of misconduct it receives or that are referred to it under subsection (1) of a disciplinary nature to the appropriate Disciplinary Authority.

The Commission shall have power to refer any complaints of misconduct it receives or that are referred to it under subsection (1) of a criminal nature to the Public Prosecutor.

Complaints of misconduct

A complaint shall be made in writing and shall include the following:

Notwithstanding subsection (2), a complaint shall not be rejected for want of any of the particulars or details specified in paragraphs (2)(a) to (f) unless the complaint becomes impossible or impracticable to be assessed without such particulars or details.

The Complaints Committee shall immediately record all complaints received by the Commission in the Register of

Complaints and assess the complaints as to whether—

any act or inaction by an enforcement officer which is contrary to any written law;

any act or inaction of an enforcement officer which, in the opinion of the Commission, is unreasonable, unjust, oppressive or improperly discriminatory;

any act or inaction of an enforcement officer which is, in the opinion of the Commission, committed on improper motives, irrelevant grounds or irrelevant consideration;

any act or inaction of an enforcement officer which is based on a mistake of law or fact;

any act or inaction of an enforcement officer of which grounds should have been given but were not given;

the failure of an enforcement officer to follow rules and procedures laid down by law or by the appropriate authority; and

the commission of any criminal offence by an enforcement officer.

The misconduct of an enforcement officer may be investigated by the Commission notwithstanding that—

the nature of the misconduct complained of; and

whether the Commission should proceed with a full investigation into the complaint.

Findings of the Complaints Committee

Where the Complaints Committee is satisfied that an offence under Part IV of the Malaysian Anti-Corruption

Commission Act 2009 is disclosed, the Complaints Committee shall immediately make a report to the Commission of the complaint together with a recommendation to refer the complaint to the

Malaysian

Anti-Corruption

Commission for the

Commission’s consideration.

Where the Complaints Committee is satisfied that a misconduct as specified in section 24 is disclosed and that there is a basis for the Commission to commence a full investigation, the

Complaints Committee shall immediately make a report to the

Commission of the complaint together with a recommendation for the

Commission to commence a full investigation into the misconduct for its consideration.

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Where the Complaints Committee is satisfied that—

Where the Commission, after considering the report and the recommendation of the Complaints Committee under subsection 26(2), agrees with the recommendation of the Complaints Committee, the

Commission shall refer the complaint to the Malaysian Anti-Corruption

Commission for its action.

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Where the Commission has referred a complaint to the appropriate Disciplinary Authority under subsection (1) or the

Malaysian Anti-Corruption Commission under subsection (2) for action, the Disciplinary Authority or the Malaysian Anti-Corruption

Commission, as the case may be, shall conduct its own investigation and communicate its finding to the Commission within thirty days from the date of receipt of the complaint from the Commission.

Where the Commission, after considering the report and the recommendation of the Complaints Committee under subsection 26(3), agrees with the recommendation of the Complaints Committee and is of the opinion that it should commence a full investigation into the complaint, the Commission shall inform—

Where the Commission, after considering the report, finding and recommendation of the Complaints Committee under subsection 26(4), agrees with the finding and recommendation of the Complaints

Committee and the Commission does not wish to investigate the complaint, the Commission shall reject the complaint.

If the Commission is not satisfied with the report and recommendation or finding of the Complaints Committee under subsection 26(1), (2), (3) or (4), the Commission shall direct a Task Force to make further investigation into the complaint.

The Task Force shall report the findings of its investigation to the Commission within fourteen days for a final decision of the

Commission.

The Commission shall inform the complainant of the action taken under this section.

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Commission may commence investigation on own initiative

shall not conduct any disciplinary proceedings or investigation into a subject matter which is the same subject matter of the complaint of misconduct; or

where a complaint as regards the same subject matter had been made or referred to the Disciplinary Authority or to the enforcement agency by any other person and the

Disciplinary

Authority or enforcement agency is conducting disciplinary proceedings or an investigation into the complaint against the enforcement officer concerned, shall immediately cease its disciplinary proceedings or investigation into that complaint.

Findings of the Commission after investigation

the misconduct complained of is not substantiated, it shall record its finding and inform the complainant;

the misconduct constitutes a disciplinary offence, it shall record its finding and make a recommendation as to the

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punishment that should be imposed upon the enforcement officer concerned and refer the matter to the appropriate

Disciplinary Authority for its action; or

the misconduct constitutes a criminal offence, it shall record its finding and compile its report and the investigation papers and refer the matter to the Public Prosecutor.

Where the Commission has referred a matter to the appropriate Disciplinary Authority under paragraph (1)(b), the

Disciplinary Authority shall inform the Commission of its action and the grounds of its decision within fourteen days from the date of receipt of the finding and recommendation.

Where the Commission has referred a matter to the Public

Prosecutor under paragraph (1)(c), the Public Prosecutor shall communicate his decision to the Commission within fourteen days from the date of receipt of the finding, report and investigation papers.

Where a charge is preferred by the Public Prosecutor, any evidence obtained by the Commission under this Act may, notwithstanding the provisions of any other written law to the contrary, be used for the purpose of criminal proceedings.

The Commission shall make public its finding and inform the complainant of its finding and any action taken by the Disciplinary

Authority or the Public Prosecutor under this section.

to conduct hearings if the Commission considers necessary or desirable to do so;

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to procure and receive all such evidence, whether written or oral, and to examine all such persons as witnesses as the Commission considers necessary or desirable to procure or examine;

to require the evidence, whether written or oral, of any witnesses to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he was giving evidence in a court of law) or by statutory declaration;

to summon any person residing in Malaysia to attend any meeting or hearing of the Commission to give evidence or produce any document or other thing in his possession;

to issue a warrant of arrest to compel the attendance of any person who, after having been summoned to attend, fails to do so and does not excuse such failure to the satisfaction of the Commission, and to order such person to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons, and also to fine such person a sum not exceeding five thousand ringgit;

to fine in a sum not exceeding five thousand ringgit any person who, being required by the Commission to give evidence on affirmation or to produce a document or other thing, refuses to do so and does not excuse such refusal to the satisfaction of the Commission;

to admit, notwithstanding any of the provisions of the

Evidence Act 1950 [Act 56], any evidence, whether written or oral, which may be inadmissible in civil or criminal proceedings;

to award any person who has attended any meeting or hearing of the Commission such sums as in the opinion of the Commission may have been reasonably incurred by such person by reason of such attendance; and

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to admit or exclude the public from such hearing or any part thereof.

Notwithstanding paragraph (1)(d), where a person summoned is a person under detention under any written law, such summons shall be issued in accordance with the laws applicable in relation to the place of detention.

Power to obtain documents or other things

to attend, at a time and place specified in the notice before a Commissioner or a member of the Task Force as specified in the notice; and

to produce any document or evidence, as specified in the notice.

The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed.

A person shall not, without reasonable excuse, refuse or fail to comply with a notice served on him under this section.

A person who fails, without reasonable excuse, to comply with a notice served under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Legal obligation to give information

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Hearings

A hearing shall be presided by such number of

Commissioners as the Commission deems fit on a case-to-case basis.

A person appearing at a hearing is entitled to be informed of the general scope and purpose of the hearing, unless the Commission is of the opinion that to disclose such information would seriously prejudice the investigation concerned.

The Commission may be assisted by a legal officer appointed under section 14.

Public and closed hearings

Notwithstanding subsection (1), a hearing or part of a hearing may be closed to the public if the Commission is satisfied that—

In making these decisions, the Commission is obliged to have regard to any matters that it considers to be related to public interest.

The Commission may give directions as to the persons who may be present at a hearing when it is being held as a closed hearing, and no person shall be present at the hearing in contravention of any such direction.

Right of appearance of interested person

a person giving evidence at the hearing; or

a person referred to in section 36, to be represented by a legal practitioner at the hearing or a specified part of the hearing.

The Commission may be assisted by a legal officer appointed under section 14 should the Commission deems it necessary.

Examination of witnesses

The legal officer appointed by the Commission to assist it may examine any witness on any matter that the Commission considers relevant.

A witness examined under this section has the same protection and is subject to the same liabilities as if examined by a

Commissioner.

Privileged documents, answers, etc.

to be sworn or to make an affirmation;

to answer any question relevant to an investigation put to the witness by a Commissioner at the hearing; or

to produce any document or other thing in the custody or control of the witness that the witness is required by the summons or by the Commission to produce.

A witness summoned to attend or appearing before the

Commission at a hearing is not excused from answering any question or producing any document or other thing on the ground that the answer, document or other thing may incriminate or tend to incriminate the witness, or on any other ground of privilege, duty of secrecy or other restriction on disclosure, or on any other ground.

An answer made, or document or other thing produced, by a witness at a hearing before the Commission is not, except as otherwise provided in this section, admissible in evidence against the person in any civil or criminal proceedings, but may be used in deciding whether to make an order for the purpose of any disciplinary proceedings held by the appropriate Disciplinary Authority.

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Nothing in this section makes inadmissible—