Banking and Financial Institutions Act 1989 · As enacted · Part XI · Investigation, Search and Seizure
Section 82
Official textFrom Laws of Malaysia Online, unchanged
For the purposes of this Part, the Bank may appoint any officer or employee of the Bank or any person appointed under section 3 (3) to be an investigating officer.
Subject to subsection (3), an investigating officer appointed under subsection (1) shall have all the powers, functions, and duties conferred on an investigating officer under this Act, and where such investigating officer is not an officer or employee of the Bank, he shall, in relation to such powers, functions and duties—
officer
"officer", in relation to an institution, includes any employee and the chief executive of the institution;
be subject to; and
enjoy such rights, privileges, protections, immunities and indemnities as may be specified in, the provisions of this Act, the Ordinance or other written law applicable to an officer or employee of the Bank as if he were an officer or employee of the Bank.
An investigating officer shall be subject to the direction and control of the Governor, or of such other officer of the Bank as may be authorised by the Governor to act on behalf of him, and of any other investigating officer or officers superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the Governor, or an officer of the Bank authorised to act on behalf of him, or an investigating officer superior in rank, may specify orally or in writing, either generally, or in any particular case or circumstance.
Governor
"Governor" means the Governor of the Bank, and includes the Deputy Governor of the Bank;
The Governor, or any officer of the Bank authorised by the Governor to act on behalf of him, shall have all the powers, functions and duties of an investigating officer.
106
An investigating officer conducting any examination of any person under this Part shall have the power to administer an oath or affirmation to the person who is being examined.
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;
Terms defined in s 2
Governor
Defined · s 2"Governor" means the Governor of the Bank, and includes the Deputy Governor of the Bank;
officer
Defined · s 2"officer", in relation to an institution, includes any employee and the chief executive of the institution;
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;
specify
Defined · s 2"specify", where no mode is mentioned, means specify from time to time in writing, and a power to specify includes the power to specify differently for different persons or different classes, categories or descriptions of persons;
Part XII
Application of Parts X and XI to Non-Scheduled Institutions Engaged in Provision of Finance
Part XIII
Information and Secrecy
Part XIV
Offences
Part XV