Malaysia legislation
Section 26
Section 26
The principal Act is amended by inserting after section 63
the following sections:
“Power of enforcement 63a. The Director General shall have all the powers necessary to investigate into any offence or enforce any provision under this Act or any regulations made under this Act.
Enforcement officer 63b. (1) The Director General may appoint such number of enforcement officers from amongst the officers appointed under section 4 to perform such duties of the Director General relating to investigation and enforcement under this Act or any regulations made under this Act.
(2)
There shall be issued to each enforcement officer an authority card to be signed by the Director General.
Trade Unions (Amendment)
(3)
When such enforcement officer exercises any of the powers under this Act or any regulations made under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (2).
Powers of examination 63c. (1) The Director General in carrying out an investigation into any offence under this Act or any regulations made under this Act may by notice in writing, require the attendance of any person acquainted with the facts and circumstances of a case to appear before him for the purpose of being examined orally by the Director General in relation to any matter which may, in the opinion of the Director General, assist in the investigation.
(2)
A person to whom a written notice under subsection (1)
has been given shall comply with the terms of such written notice and shall attend in accordance with the terms of the written notice to be examined, and shall continue to so attend from day to day as directed by the Director General until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined.
(3)
An examination under subsection (1) shall be reduced into writing by the Director General and shall be read to and signed by the person being examined, and where such person refuses to sign the statement reduced into writing, the Director General shall endorse thereon under his hand the fact of such refusal and the reasons thereof, if any, stated by the person examined.
(4)
Any statement made by any person under this section shall be admissible as evidence in any proceedings in court under this Act against the person or any other person.
Production, etc., of article or document 63d. In the course of investigation or examination under this Part, the Director General may—
(a)
require any such person to produce to him such article or document; and
(b)
inspect, make copies of, take extracts from, remove and detain any article or document.
Seizure of article or document 63e. Where the Director General in carrying out an investigation under this Act or any regulations made under this Act, has reason to believe that an offence has been committed against this Act or regulations made under this Act, he may seize any article or document produced under section 63d and such article and document shall be admissible in evidence in any proceedings in court under this Act against the person or any other person.”.
New section 65a