Malaysia legislation
Section 32
Section 32
(a)
has any information, particulars or document that is relevant to the performance of the Commission’s functions and powers under this Act; or
(b)
is capable of giving any evidence which the Commission has reasonable grounds to believe that the evidence is relevant to the performance of the Commission’s functions and powers under this Act, the Commission may, by notice in writing, direct that person—
(A)
to give any such information or particulars to the
Commission in the form and manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(B)
to produce any such document, whether in physical form or in electronic media, to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(C)
to make copies of any such document and to produce those copies to the Commission in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
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(D)
if the person is an individual, to appear before an authorized officer at the time and place as may be specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant;
(E)
if the person is a body corporate or a public body, to cause a competent officer of the body corporate or public body to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant; or
(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 an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as may be specified in the notice or such extended period as the Commission may grant.
(2)
Where the Commission directs any person to produce any document under subsection (1) and the document is not in the custody of that person, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
(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 person who had custody of the document may be found.
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(3)
Any person directed to give or produce any information, particulars or documents or copies of any document under subsection (1), shall ensure that the information, particulars or documents or copies of the document given or produced are true, accurate, complete and not misleading and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information, particulars or document which would make the information, particulars or document given or produced untrue or misleading.
(4)
Where any person discloses any information or particulars or produces any document in response to a notice in writing under this section, such person, his agent or employee, or any other person acting on his behalf or under his directions, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any written law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
(5)
Subsection (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or for the disclosure or production of false information or document in relation to a notice in writing under this section furnished to the Commission pursuant to this section.
(6)
Any person who fails to comply with the directions of the
Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit and shall be liable to a further fine not exceeding one hundred thousand ringgit for every day or part of a day during which the offence continues after conviction.
(7)
Any person who contravenes subsection (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.
(8)
Any person who intentionally alters, suppresses or destroys any information, particulars or documents which he has been directed to give or produce pursuant to a notice in writing under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit.
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Proof of compliance