Malaysia legislation
Section 38
Section 38
(a)
has any information, particulars or document that is relevant to the performance of the Commission’s functions and powers under this Act; or
(b)
is capable of giving any evidence which the Commission has reasonable grounds to believe is relevant to the performance of the Commission’s functions and powers under this Act, the Commission may, by written notice, direct that person—
(A)
to give any such information or particulars to an authorized officer in the manner and form and within the period as specified in the notice or such extended period as the Commission may grant;
(B)
to produce any such document, whether in physical form or in electronic media, to an authorized officer in the manner and within the period as specified in the notice or such extended period as the Commission may grant;
(C)
to make copies of any such document and to produce those copies to an authorized officer in the manner and within the period as specified in the notice or such extended period as the Commission may grant;
Energy Efficiency and Conservation 35
(D)
if the person is an individual, to appear before an authorized officer at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Commission may grant;
(E)
if the person is a body corporate or a public body, to cause a competent officer of the body to appear before an authorized officer at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Commission may grant; or
(F)
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before an authorized officer at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Commission may grant.
(2)
Where the Commission directs any person to produce any document under subsection (1) and the document is not in the custody of that person, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
(b)
identify, to the best of his knowledge and belief, the last person who had custody of the document and to state, to the best of his knowledge and belief, where that last-mentioned person may be found.
(3)
Any person directed to give or produce any information, particulars or documents or copies of any document under subsection (1) shall ensure that the information, particulars or documents or copies of the document given or produced are true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information, particulars or document which would make the information, particulars or document given or produced untrue or misleading.
Act 861
(4)
Any person who fails to comply with the direction of the Commission under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(5)
Any person who contravenes subsection (2) or (3)
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
Commission may retain documents