In forceUpdated to 6 Oct 2023Read it in Bahasa Malaysia

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Development Financial Institutions Act 2002 · Updated to 6 Oct 2023 · Part VIII · Examination and Investigation

Section 95

(1)

An investigating officer may, by a notice in writing, require any person to deliver to him any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing which he has reason to suspect has been used in the commission of an offence under this Act or is able to assist in the investigation of an offence under this Act that is in the possession or custody of, or under the control of, that person or within the power of that person to furnish.

(2)

An investigating officer may grant permission to any person to inspect the property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing he had detained and taken possession of under subsection (1) if the person is entitled to inspect such property,

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record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing under this Act.

(3)

A person who—

(a)

fails to deliver any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing that is required by an investigating officer; or

(b)

obstructs or hinders an investigating officer while exercising any of his powers under subsection (1), commits an offence and shall on conviction shall be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.

Terms defined in s 3

books
Defined · s 3
“books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored; *NOTE—The Central Bank of Malaysia Act 2009 has repealed the Central Bank of Malaysia Act 1958 which comes into operation on 25 November 2009–see section 99…
Open s 3
computer
Defined · s 3
“computer” has the same meaning as in the Evidence Act 1950;
Open s 3
computer output
Defined · s 3
“computer output” means a statement or representation, whether in written, printed, pictorial, film, graphical, acoustic or other form— (a) produced by a computer; (b) displayed on the screen of a computer; or (c) accurately translated from a statement or representation so produced;
Open s 3
development
Defined · s 3
“development” includes the commencement of any new industrial, agricultural, commercial or other economic venture or the expansion or improvement of any such existing venture;
Open s 3
document
Defined · s 3
“document” has the same meaning as in the Evidence Act l950;
Open s 3
officer
Defined · s 3
“officer”, in relation to an institution, means any of its employees and includes its Chief Executive Officer;
Open s 3
person
Defined · s 3
“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;
Open s 3
property
Defined · s 3
“property” means any movable or immovable property, whether tangible or intangible and includes— (a) any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value; (b) any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property of which the person executing the conveyance is the proprietor or has possession or in which he is entitled to a contingent right, either for the whole interest or for any less interest; (c) any security, including any stock, share, debenture and fund; (d) any negotiable instrument, including any bank note, bearer note, Treasury bill, dividend warrant, bill of exchange, promissory note, cheque and negotiable certificate of deposit; or (e) any mortgage or charge, whether legal or equitable, guarantee, lien or pledge, whether actual or constructive, letter of hypothecation, trust receipt, indemnity, undertaking or other means of securing payment or discharge of a debt or liability, whether present or future, or whether vested or contingent;
Open s 3

Report

Read on from s 96

Part IX

Miscellaneous

Read on from Part IX

Section 95

Terms defined in s 3

Miscellaneous

Schedules