Securities Commission Act 1993 · Updated to 1 Mar 2016 · Part V · Enforcement and Investigation
128. Powers of Investigating Officers of the Commission
Feedback & supportAn Investigating Officer of the Commission carrying out an investigation may enter any place or building and may—
officer
“officer”, in relation to— (a) the Commission, means any officer employed under section 20 and includes an Investigating Officer of the Commission appointed under section 125; and (b) a corporation, has the meaning assigned to it in the Companies Act 1965;
inspect and make copies of or take extracts from any book, minute book, account, register or document;
where he has reason to believe that an offence has been committed against a securities law, search for, seize, take possession of and detain any object, article, material, thing, property, book, minute book, account, register or other document including any travel or other personal document, which may be used as evidence;
search any person who is in, or on, the premises and, for the purpose of such search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize, take possession of and detain any object, article, material, thing, property, book, minute book, account, register or other document, including any travel or other personal document found on the person; and
detain all or any persons found on the premises searched under this subsection until such premises have been searched.
An Investigating Officer of the Commission may search any person whom he has reason to believe has on his person any object, article, material, thing, property, book, minute book, account, register or other document including any travel or other personal document necessary, in his opinion, for the purpose of investigation into any offence under any securities law, and for the purpose of such search may detain the person for such period as may be necessary to have
Commission
“Commission” means the Securities Commission Malaysia established under section 3;
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the search carried out, which shall not in any case exceed twenty-four hours without the authorization of the Magistrate, and may remove him into custody at such place as may be necessary to facilitate the search.
An Investigating Officer of the Commission making a search of a person under subsection (1) or (2) may seize, take possession of and detain any object, article, material, thing, property, book, minute book, account, register or other document including any travel or other personal document found upon such person for the purpose of the investigation being carried out by him.
No female person shall be searched under this section except by another female person.
An Investigating Officer of the Commission may by notice in writing require any person to produce to him such object, article, material, thing, property, book, minute book, account, register or other document as are in the custody or under the control of that person.
An Investigating Officer of the Commission may seize, take possession of and detain for such duration as he deems necessary any object, article, material, thing, property, book, minute book, account, register or other document produced before him as required under subsection (5).
A person who—
refuses an Investigating Officer of the Commission, while exercising his powers under this Part, access to any premises or part thereof, or fails to submit to the search of his person;
assaults, obstructs, hinders or delays an Investigating
Officer of the Commission in effecting any entrance which he is entitled to effect;
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fails to comply with any lawful demands of an
Investigating Officer of the Commission in the execution of his duties under this Part; or
rescues or endeavours to rescue any thing which has been duly seized, shall be guilty of an offence and shall on conviction be punished with a fine not exceeding one million ringgit or imprisonment for a term not exceeding five years or both.
An Investigating Officer of the Commission may grant permission to any person to inspect any book, minute book, account, register or other document seized and taken possession of by the
Investigating Officer of the Commission under this section if such person is entitled to inspect such book, minute book, account, register or other document under the securities laws.
Subsection (1) shall not be construed as limiting or affecting any similar powers conferred on any person under any other law.