Section 43
Appointment of investigating officers, their powers, functions and duties
of Act 627
For the purposes of this Part, the Bank may appoint any officer of the Bank or any person appointed under subsection 4(3)
to be an investigating officer.
(2)
Subject to subsection (3), an investigating officer appointed under subsection (1) shall have all the powers, functions, and duties conferred on an investigating officer under this Act, and where such investigating officer is not an officer of the Bank, he shall, in relation to such powers, functions and duties—
(a)
be subject to; and
(b)
enjoy such rights, privileges, protection, immunities and indemnities as may be specified in, the provisions of this Act, the Central Bank of Malaysia Act 1958
or other written law applicable to an officer of the Bank as if he was an officer of the Bank.
(3)
An investigating officer shall be subject to the direction and control of the Governor, or of such other officer of the Bank as may be authorized by the Governor to act on behalf of the Governor, and of any other investigating officer or officers superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the Governor, or an officer of the Bank authorized to act on behalf of the Governor, or an investigating officer superior in rank, may specify orally or in writing, either generally, or in any particular case or circumstance.
(4)
The Governor, or any officer of the Bank authorized by the
Governor to act on behalf of Governor, shall have all the powers, functions and duties of an investigating officer.
38 Laws of Malaysia Act 627
(5)
An investigating officer conducting any examination of any person under this Part shall have the power to administer an oath or affirmation to the person who is being examined.
Investigation powers in respect of clearing houses
44, Where the Bank has reason to believe that an offence has been committed under this Act, and it is necessary to exercise its powers under this Part in respect of a clearing house recognized under the Securities Industry Act 1983 or a clearing house licensed under the Futures Industry Act 1993, the Bank shall notify the
Securities Commission established by the Securities Commission
Act 1993.
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