Malaysia legislation
Section 49
Section 49
“Power to issue directions, etc.
The principal Act is amended by inserting after section 83
the following sections:
“Compliance of obligation 83a. (1) The competent authority or regulatory or supervisory authority, as the case may be, may—
(a)
direct any reporting institution or institution under
Parts VIa and VIb, or the director, officer or employee of the reporting institution or institution; or
(b)
enter into an agreement with any reporting institution or institution under Parts VIa and VIb, or the director, officer or employee of the reporting institution or institution, which or who without reasonable excuse failed to comply with any obligation under this Act, to implement any action plan to ensure compliance with the obligations of reporting institution or institution under Parts VIa and VIb, or the obligations of the director, officer or employee of the reporting institution or institution under this Act.
(2)
Any reporting institution or institution under Parts VIa and VIb which, or the director, officer or employee of the reporting institution or institution who, fails to comply with a directive or agreement under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
(3)
This section shall not bar, prevent or prohibit the institution of any prosecution or administrative action for any offence under this Act.
Power of competent authority or regulatory or supervisory authority to take administrative action 83b. (1) The competent authority or the regulatory or supervisory authority, as the case may be, after being satisfied that it is appropriate to do so, may take any administrative action against any person who commits a breach as follows:
(a)
contravenes or has contravened the provisions under