Section 5 — AUDIT ACT 1957

(a)

the accounts of accounting officers of the Federation and of the

States;

(b)

the accounts of any separate fund established in a State or the

Federal Territory under Article 97(3) of the Federal Constitution notwithstanding any law to the contrary;

(c)

the accounts of any other public authority or body if it is so provided by law in any case; and, where it is not so provided, at the request of that authority or body and with the consent of the

Minister of Finance to be notified in the Gazette;

*NOTE—Any reference in any written law to “Juru Audit Negara” shall be construed as a reference to

“Ketua Audit Negara”—see subsection 4(2) of Act A430.

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(d)

the accounts of—

(i)

any other body, including a company registered under the

Companies Act 2016 [Act 777], in receipt of a grant or loan from the Federation or a State;

(ii)

a company registered under the Companies Act 2016, where more than half of paid-up share capital of the company is held by the Federation, a State or a public authority or is so held in the aggregate by two or more of them;

(iii)

any other body, including a company registered under the

Companies Act 2016, in receipt of financial guarantee given by the Federation or a State; and

(iv)

any other body, including a company registered under the

Companies Act 2016, in receipt of public moneys if the

Minister of Finance is satisfied that the public interest urgently requires that the accounts of any such body shall be examined, inquired into and audited by the Auditor

General:

Provided that the Yang di-Pertuan Agong so specifies by order under Clause (2) of Article 106 of the Federal Constitution and notwithstanding any law relating to the audit of the accounts of any such body;

(e)

(Deleted by Act A558);

(f)

the accounts of any other public authority if the Minister of

Finance is satisfied that the public interest requires that the accounts of the authority shall be examined, inquired into and audited by the Auditor General notwithstanding any law relating to the accounts and audit of any such authority:

Provided that the Minister shall not cause the accounts of any such authority exercising powers vested in it by State law to be so

8 Laws of Malaysia ACT 62

examined, inquired into and audited unless he shall first have consulted the Menteri Besar or Chief Minister of that State.

(2)

The fee for the audit of the accounts in paragraphs (1)(b) and (c) and subparagraphs (1)(d)(i), (ii) and (iii) shall be determined in every case by the

Treasury in consultation with the Auditor General and such fee shall be a charge on the fund of the authority or body concerned.

(3)

No fee shall be payable for an audit required in accordance with subparagraph (1)(d)(iv) and paragraph (1)(f).

(4)

For the purposes of subparagraph (1)(d) (iii), “financial guarantee”

shall have the same meaning assigned to it in the Public Finance and Fiscal

Responsibility Act 2023 [Act 850].

Nature of audit