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Division 4

73. Amendment of section 85

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Section 85 of the principal Act is amended—

(a)

in subsection (1)—

(i)

by substituting for the word “examiner” wherever appearing the word “Bank”;

(ii)

by substituting for the word “he” wherever appearing the words “the Bank”;

(iii)

in paragraph (a), by inserting after the words

“prescribed institution” the words “, its subsidiary”;

(iv)

in paragraph (b)—

(A)

in the national language text, by substituting for the word “pelanggan” the word “klien”;

and

(B)

by inserting after the words “prescribed i n s t i t u t i o n” the words “or its subsidiary”;

(v)

in paragraph (c), by inserting after the words

“prescribed institution” the words “or its subsidiary or a member of the Shariah committee”; and

(vi)

by substituting for the words “document or information” the words “document, information or explanation”;

Development Financial Institutions (Amendment)

(b)

by substituting for subsection (2) the following subsection:

“(2)  Any person who contravenes subsection (1)

commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.”; and

(c)

by substituting for subsection (3) the following subsection:

“(3)  Any person falling under paragraph (1)(b), an auditor or a member of the Shariah committee referred to in paragraph (1)(c) shall not be liable for breach of a contract relating to, or duty of, confidentiality for giving a document, information or explanation under subsection (1).”.

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