Malaysia legislation
Section 42
Section 42
False statements
(a)
for the purpose of obtaining under the provisions of this Act the grant of any type or description of licence or intermediation business licence to himself or to any other person or the variation of any such licence or intermediation business licence, or for the purpose of preventing the grant or variation of any such licence or intermediation business licence or of procuring the imposition of any condition or limitation in relation to any such licence or intermediation business licence, makes any statement or declaration which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading;
(b)
furnishes any particulars in relation to an application for the grant of a licence or an intermediation business licence under this Act which to his knowledge are false or in any material respect misleading;
(c)
makes any entry in a record, register or other document required to be issued, kept, maintained or furnished under this
Act which is false or in any material respect misleading, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2)
In any prosecution under this section, when it has been proved that any application, particulars, returns, accounts, document or written statement is false or incorrect in whole or in part or misleading in any material particular, it shall be presumed until the contrary is proved, that such application, particulars, returns, accounts, document or written statement was false or incorrect or misleading in a material particular, as the case may be, to the knowledge of the person signing, delivering or supplying the same.
(3)
If any person—
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(a)
forges, alters, tampers with, defaces, mutilates, uses or lends to or allows to be used by any other person any mark, plate or document which is required by this Act to be carried or exhibited on a motor vehicle or licence or intermediation business licence;
(b)
makes or has in his possession any mark, plate or document so closely resembling any such mark, plate or document as aforesaid as to be calculated to deceive;
(c)
alters any entry made in a register, licence, intermediation business licence or other document issued or kept under this
Act;
(d)
exhibits on any motor vehicle any licence or intermediation business licence or identification mark, plate or document which has been altered, tampered with, defaced, mutilated or added to, or any imitation of a licence or an intermediation business licence, mark, plate or document which is required under this Act to be carried or exhibited on a motor vehicle;
(e)
exhibits on any motor vehicle any licence or intermediation business licence or identification mark, plate or document which does not belong to such vehicle;
(f)
prepares or maintains or authorizes the preparation or maintenance of false records that are required to be maintained under this Act; or
(g)
falsifies or authorizes the falsification of records that are required to be furnished under this Act, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both:
Provided that in the case of paragraph (d), he shall not be found guilty of an offence if he proves that he had acted in good faith and had no
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reasonable grounds for supposing that such licence or intermediation business licence or identification mark, plate or document had been altered, tampered with, defaced, mutilated or added to, or that such licence or intermediation business licence, mark, plate or document was an imitation.
(4)
If any police officer or road transport officer has reasonable cause to believe that a document carried on a motor vehicle or any licence or intermediation business licence or record or other document produced to him in pursuance of this Act by the driver or person in charge of a motor vehicle is a document in relation to which an offence under this section has been committed, he may seize the document, licence or intermediation business licence or record.
(5)
For the purpose of this section, the expression “document”
includes a badge and the expression “seize” includes power to detach from the motor vehicle.
Liability of registered owner and others