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Part VII · Miscellaneous

83D. Power of court to make certain orders

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(1)

Where on an application by the competent authority or the regulatory or supervisory authority, as the case may be, it appears to the court that—

(a)

there is reasonable likelihood that any person will contravene any provision of this Act; or

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(b)

any person has contravened a provision of this Act and that there are steps which could be taken to remedy the contravention, whether or not that person has been charged with an offence in respect of the contravention or whether or not a contravention has been proved in a prosecution, the court may, without prejudice to any order it would be entitled to make otherwise than pursuant to this section, make all or any of the following orders:

(aa)

an order restraining or requiring the cessation of the contravention;

(bb)

an order requiring that person, or any other person, who appears to have been knowingly involved in the contravention, to take such steps as the court may direct to remedy it or to mitigate its effect including making restitution to any other person aggrieved by such contravention;

(cc)

for the purpose of securing compliance with any other order under this section, an order directing a person to do or refrain from doing a specified act;

(dd)

an order restraining the person from acquiring, disposing of or otherwise dealing with property which the court is satisfied such person is reasonably likely to dispose of or otherwise deal with the property;

(ee)

where a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do any act that the person is required to do under any provision of this

Act, an order requiring such person to do such act;

(ff)

in a case where the person is a chief executive officer, director or manager responsible for the business of a reporting institution or institution, an order removing him from his office or that he be barred from becoming a chief executive officer, director or manager of the reporting institution or institution, or be involved in the

128 Laws of Malaysia management, directly or indirectly, of the reporting institution or institution for such period as may be determined by the court; or

(gg)

any ancillary order deemed to be desirable in consequence of the making of an order under paragraph (aa), (bb), (cc),

(dd)

, (ee) or (ff).

(2)

If an application is made to a court for an order under subsection (1), the court may, if in its opinion it is desirable to do so, before considering the application, make an interim order and such order shall be expressed to have effect pending the determination of the application.

(3)

Where an application is made to the court for an order under paragraph (1)(ee), the court may grant the order—

(a)

where the court is satisfied that the person has refused or failed to do the required act, whether or not it appears to the court that the person intends to again refuse or fail, or continue to refuse or fail, to do the required act; or

(b)

where it appears to the court that in the event that such an order is not granted, it is likely that the person will refuse or fail to do the required act, whether or not the person has previously refused or failed to do the act or whether or not there is any imminent risk of damage to any person if the person required to do such act or thing refuses or fails to do so.

(4)

Where an application for an order under subsection (1) is made by the competent authority or the regulatory or supervisory authority, the court shall not, as a condition of the grant of the order, require any undertaking as to damages to be given by or on behalf of the competent authority or the regulatory or supervisory authority.

(5)

The court may rescind, vary or discharge an order made by it under this section or suspend the operation of such an order.

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