Malaysia legislation
Section 48
Section 48
(2)
An investigating officer authorized under subsection (1) may, in relation to the financial institution in respect of which he is so authorized—
(a)
inspect and take copies of any book, document or information belonging to or in the possession, custody or control of the financial institution;
(b)
inspect and take copies of any share account, purchase account, expense account or any other account of any person kept in the financial institution;
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(c)
inspect the contents of any safe deposit box in the financial institution; or
(d)
request for any other information relating to any document, information, account or article referred to in paragraphs (a), (b) and (c).
(3)
Notwithstanding anything in subsection (2), an investigating officer authorized under subsection (1) may take possession of any account, book, document, information, title, capital market products or cash to which he has access under that subsection where in his opinion—
(a)
the inspection of them, the copying of them, or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them;
(b)
they may be interfered with or destroyed unless he takes possession of them; or
(c)
they may be needed as evidence in any prosecution for an offence under subsection 4(1), a terrorism financing offence or an offence under any other written law.
(4)
Any person who wilfully fails or refuses to disclose any information or to produce any account, book, document, information or article under subsection (2) to the investigating officer authorized under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five 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.
(5)
Where any person discloses any information or produces any account, book, record, report, document or article to an investigating officer authorized under subsection (1), neither the first-mentioned person nor any other person on whose behalf or direction or as whose agent or officer the first-mentioned person may be acting shall, on
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Financing and Proceeds of Unlawful
Activities account of such disclosure or production, be liable to any prosecution for any offence under any law, or to any proceedings or claim by any person under any law, or under any contract, agreement or arrangement, or otherwise.
Public Prosecutor’s powers to obtain information