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Part VII · Miscellaneous

83B. Power of competent authority or regulatory or supervisory authority to take administrative action

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(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

Part IV, Part VIA other than subsection 66B(3) or Part VIB other than section 66H;

(b)

fails to comply with, observe, enforce or give effect to any directions, instruction, guideline, circular, standard, notice, specification or requirement issued, or any condition imposed under Part IV, VIA, VIB or VII in circumstances where the person is under an obligation to comply with, observe, enforce or give effect to such directions, instruction, guideline, circular, standard, notice, specification, requirement or condition, as the case may be;

or

(c)

fails to comply with, observe, enforce or give effect to any directive or agreement entered into pursuant to section 83A.

(2)

For the purposes of subsection (1), the competent authority or the regulatory or supervisory authority may take all or any of the following administrative action:

(a)

to direct the person in breach to comply with, observe, enforce or give effect to such provisions, directions, instruction, guideline, circular, standard, notice, specification, requirement or condition, as the case may be;

(b)

to impose a monetary penalty in proportion to the severity or gravity of the breach, but in any event not exceeding one million ringgit;

(c)

to reprimand the person in breach or issue a public statement in relation to such breach; or

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Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities

(d)

to require the person in breach to take such measures as the competent authority or the regulatory or supervisory authority may direct to remedy the breach or to mitigate the effect of such breach.

(3)

The competent authority or the regulatory or supervisory authority shall have regard to the following matters in determining the appropriate action to be taken in each case:

(a)

the effectiveness of the action to be taken under this Act;

(b)

the proportionality of the action to be taken with the breach committed;

(c)

deterrence of future breaches of similar nature by other persons; and

(d)

any other matter that is considered relevant in the opinion of the competent authority or the regulatory or supervisory authority.

(4)

The competent authority or the regulatory or supervisory authority shall not take any action under subsection (2) without giving the person in breach a written notice setting out the proposed action and the grounds for such action.

(5)

The person in breach shall be given an opportunity to make a written representation to the competent authority or the regulatory or supervisory authority within fourteen days from the date of the written notice.

(6)

Where no written representation is received by the competent authority or the regulatory or supervisory authority within the period specified under subsection (5), the competent authority or the regulatory or supervisory authority shall proceed with the proposed action under subsection (4) by a written notice.

(7)

Where a written representation is received, the competent authority or the regulatory or supervisory authority shall, after

126 Laws of Malaysia considering the representation, give the person in breach a written notice of its decision.

(8)

A decision to take action under subsection (6) or (7) shall take effect immediately or at any date as the competent authority or the regulatory or supervisory authority may specify, in its written notice.

(9)

Any monetary penalty paid by a person under paragraph (2)(b)

shall be paid into and form part of the Federal Consolidated Fund.

(10)

Where a person fails to pay any monetary penalty imposed under paragraph (2)(b) within the period specified, the monetary penalty shall be recoverable as a civil debt due to the Government.

(11)

Nothing in this section shall prevent the competent authority or the regulatory or supervisory authority from taking any other actions that it is empowered to take under this Act against the person in breach.

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