Banking and Financial Institutions Act 1989 · As enacted · Part XIV · Offences
Section 103
Official textFrom Laws of Malaysia Online, unchanged
Any person who contravenes—
person
"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
any provision of this Act set out in the second column of the Fourth Schedule; or
any specification or requirement made, or any order in writing, direction, instruction, or notice, given, or any limit, term, condition or restriction imposed, or any other thing howsoever done, in the exercise of any power conferred under, pursuant to, or by virtue of, any provision of this Act set out in the third column of the Fourth Schedule, shall be guilty of an offence under such provision and shall on conviction be liable to be punished with imprisonment not exceeding the term set out in the fourth column of the Fourth Schedule or with a fine not exceeding the amount set out in the fifth column of the Fourth Schedule, or with both such imprisonment and fine, and in the case of a continuing offence, shall, in addition, be liable to be punished with a daily fine not exceeding the amount set out in the sixth column of the Fourth Schedule for every day during which the offence continues:
Provided that where the person found guilty of such offence is a body corporate, the punishment of imprisonment set out in the fourth column of the Fourth Schedule shall not apply to it.
The Minister may, on the recommendation of the Bank, from time to time, by order published in the Gazette, amend the Fourth Schedule—
Minister
"Minister" means the Minister for the time being charged with the responsibility for finance;
by deleting the whole of any item therein, whereupon the provisions of section 104 shall apply to the offence specified in that item;
by adding a new item thereto and providing the fines therefor under the fifth and sixth columns of that Schedule which shall not be in excess of five hundred thousand ringgit and two thousand ringgit respectively;
by increasing or decreasing the amount of fines provided under the fifth and sixth column, respectively, provided that the aggregate of increases from time to time of any fine provided in the fifth column shall not, in any case, be in excess of five hundred thousand ringgit or, in the case of a fine provided in the sixth column, be in excess of two thousand ringgit; or
to correct any error in the second or third column of that Schedule.
References to "this Act" in this section shall not include any regulations, order or other subsidiary legislation made under this Act.
subsidiary
"subsidiary" has the meaning assigned thereto under section 5 of the Companies Act 1965.
Terms defined in s 2
Minister
Defined · s 2"Minister" means the Minister for the time being charged with the responsibility for finance;
person
Defined · s 2"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
subsidiary
Defined · s 2"subsidiary" has the meaning assigned thereto under section 5 of the Companies Act 1965.