Malaysia legislation
Section 5
of HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) (AMENDMENT) ACT 2024
Section 5
New section 7a
The principal Act is amended by inserting after section 7
the following section:
“Disclosure of interest 7a. (1) A member of the Authority or committee who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion by the Authority or committee shall disclose to the Authority or committee, the fact of his interest and nature of that interest.
Highway Authority Malaysia (Incorporation)
(Amendment)
(2)
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—
(a)
shall not be present or take part in any discussion or decision of the Authority or committee, as the case may be, about the matter; and
(b)
shall be disregarded for the purpose of constituting a quorum of the Authority or committee, as the case may be‚
when the matter is discussed or decided upon.
(3)
The member of the Authority or committee who fails to disclose his interest as required under subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(4)
No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section.
(5)
For the purposes of this section—
“a member of his family”, in relation to a member of the Authority or committee, includes—
(a)
his spouse;
(b)
his parent including a parent of his spouse;
(c)
his child including an adopted child or stepchild;
(d)
his brother or sister including a brother or sister of his spouse; and
(e)
a spouse of his child, brother or sister; and
6
“associate”, in relation to a member of the Authority or the committee, means—
(a)
a person who is a nominee or an employee of the member;
(b)
a firm of which the member or any nominee of his is a partner;
(c)
a partner of the member;
(d)
a trustee of a trust under which the member or a member of his family is a beneficiary; or
(e)
any corporation within the meaning of the Companies
Act 2016 [Act 777], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation.”.
Amendment of section 9