Malaysia legislation
Section 6
Section 6
The principal Act is amended by inserting after section 124
the following sections:
“Power of Assistant Controller to require provision of information 124a. (1) This section applies to a person if the Assistant
Controller, in carrying out an investigation under this Part, has reason to believe that the person—
(a)
has any information or any document that is relevant to the performance of the Assistant Controller’s powers and functions under this Act; or
(b)
is capable of giving any evidence which the Assistant
Controller has reason to believe is relevant to the performance of the Assistant Controller’s powers and functions under this Act.
(2)
Notwithstanding the provisions of any other written law, the Assistant Controller, by written notice, may direct any person—
(a)
to provide the Assistant Controller, within the period and in the manner and form specified in the notice, any information referred to in subsection (1);
(b)
to produce to the Assistant Controller, within the period and in the manner specified in the notice, any document referred to in subsection (1), whether in physical form or in electronic media;
(c)
to make copies of, or extracts from, any document referred to in subsection (1) and to produce copies or extracts of such documents, as the case may be, to the Assistant Controller within the period and in the manner specified in the notice;
(d)
if the person is an individual, to appear before the
Assistant Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;
(e)
if the person is a body corporate, to cause a relevant and competent officer of the body corporate to appear before the Assistant Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;
(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 the Assistant
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Controller at the time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; or
(g)
to make a statement to the Assistant Controller providing an explanation of any information or document referred to in subsection (1) within the period and in the manner and form specified in the notice.
(3)
Where the Assistant Controller directs any person to produce any document under subsection (2) and the person is not in custody of the document, 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 last-mentioned person may be found.
(4)
Any person directed to provide information or document under subsection (2) shall ensure that the information or document provided is true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information or document which would make the information or document provided untrue or misleading.
(5)
Any person who refuses or fails to comply with the direction made by the Assistant Controller under subsection (2)
commits an offence.
Assistant Controller may retain documents 124b. (1) An Assistant Controller may take and retain, for as long as is necessary, possession of any document obtained under this Part.
(2)
The person who provided the document referred to in subsection (1) is entitled to be supplied, as soon as practicable, with a copy certified by the Assistant Controller to be a true copy of the document.
(3)
Notwithstanding the provisions of any other written law, the certified copy of the document shall be admissible as evidence as if it were the original document.
(4)
If the Assistant Controller is satisfied that the retaining of the document is no longer necessary, the Assistant Controller may return the document to the person who provided the document, as soon as practicable.
Access to records 124c. (1) Any person shall, if at any time directed by the
Assistant Controller, allow the Assistant Controller to have access to his books, records, documents, things or matters for the purposes of carrying out any of the Assistant Controller’s functions or powers under this Act.
(2)
Any person who fails to comply with the direction made by the Assistant Controller under subsection (1) commits an offence.
Power to enter premises, and inspect goods and documents, etc.
Quoted provision
Section 124d
Any Assistant Controller may, at all reasonable hours, exercise the following powers:
(a)
to enter any premises, other than premises used only for dwelling, and inspect or verify any goods or document;
(b)
to take samples of goods or records found in the premises for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;
Consumer Protection (Amendment)
(c)
to make copies of or take extracts from any book, document, record or other article found in the premises; and
(d)
to require, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made under this Act are duly observed, any person having authority to do so to break open any container or open any vending machine, and if that person does not comply with the requirement, the Assistant
Controller may do so himself.
Power of arrest 124e. (1) Any Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under section 14, 16, 20 or 23.
(2)
Any Assistant Controller making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.”.
Amendment of section 125