Labuan Financial Services Authority Act 1996 · Updated to 1 Dec 2011 · Part II · The Authority
23. Imposition of surcharge
Official textFrom Laws of Malaysia Online, unchanged
A person who is or was in the employment of the Authority may be surcharged if it appears to the Authority that the person—
Authority
“Authority” means the Labuan Financial Services Authority established under section 3;
has failed to collect money owing to the Authority for the collection of which he is or was responsible;
is or was responsible for any improper payment of money from the Authority or for any payment of money which is not duly approved;
is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any money, store or other property of the Authority;
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
has failed to make any payment, or is or was responsible for any delay in the payment from the Authority, of
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money to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that person and the Authority.
The Authority shall, before the person is surcharged, serve on him a written notice calling on him to show cause why he should not be surcharged.
If a satisfactory explanation is not received within fourteen days from the date of service of the aforesaid notice, the Authority may—
in the case of paragraphs (1)(a), (b) and (c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in or destruction of the property caused; and
in the case of paragraphs (1)(d) and (e), surcharge against the person, such sum as the Authority may think fit.
Terms defined in this Act
accounting officer
Defined · s 2“accounting officer” includes every officer and servant who is charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the Fund, or who is charged with the receipt, custody or disposal of, or the accounting for, any store and property of the Authority or who in fact receives, holds or disposes of such store and property;
Authority
Defined · s 2“Authority” means the Labuan Financial Services Authority established under section 3;
Labuan financial services
Defined · s 2“Labuan financial services” means any service provided by any person under any of the laws specified in the Schedule;
property
Defined · s 28A“property” means— (a) assets of every kind, whether corporeal or incorporeal, moveable or immoveable, tangible or intangible, however acquired; and (b) legal documents or instruments in any form evidencing title to or interest in the assets referred to in paragraph (a), including bank cheques, money orders, shares, securities, bonds, drafts and letters of credit. Submission of information