Section 44

submits false information in any application, report or other document under this Act;

furnishes or causes to be furnished to any mines officer any false particular, information or statement in respect of any matter which such officer requires to be given under this Act;

refuses to answer or gives a false answer to any question put to him by any mines officer for the purpose of obtaining any particular, information or statement required to be given under this Act;

counterfeits, falsifies or uses when counterfeited or falsified any document required by this Act or any instrument used in the transaction of any business or matter under this Act;

alters any document or instrument or counterfeits the seal, signature, initials or other marks of or used by any mines officer for the verification of any such document or instrument or any other purpose in the conduct of any business or matter under this Act;

deceives any mines officer, by fraud or otherwise, by issuing any document or making or causing to be made any entry in any book, document or instrument kept for the purpose of this Act to enable any person to move, transport, deliver or export mineral ore in any manner other than such manner as may be prescribed;

makes or attempts to make or causes to be made any incorrect entry in any book, document or instrument kept for the purposes of this Act;

uses or attempts to use any error in any book, document or instrument, or any incorrect entry in any book, document or instrument kept for the purposes of this Act; or

38 Laws of Malaysia ACT 525

fails or refuses to produce any document as may be required by any mines officer, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

In any prosecution under this section, when it has been proved that any application, information, statement, book, document or instrument is false, incorrect, misleading or counterfeited in whole or in part in any material particular, it shall be presumed, until the contrary is proved, that such application, information, statement, book, document or instrument was false, incorrect, misleading or counterfeited in a material particular, as the case may require, to the knowledge of the person supplying the same:

Provided that such person shall not be found guilty of an offence if he proves that he has acted in good faith and had no reasonable grounds for supposing that such application, information, statement, book, document or instrument is false, incorrect, misleading or counterfeited.

Disappearance or destruction of any thing seized