Malaysia legislation
Section 23
Section 23
(a)
has failed to collect money owing to the Authority for the collection of which he is or was responsible;
(b)
is or was responsible for any improper payment of money from the Authority or for any payment of money which is not duly approved;
(c)
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;
(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
(e)
has failed to make any payment, or is or was responsible for any delay in the payment from the Authority, of
Labuan Financial Services Authority 27
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.
(2)
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.
(3)
If a satisfactory explanation is not received within fourteen days from the date of service of the aforesaid notice, the Authority may—
(a)
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
(b)
in the case of paragraphs (1)(d) and (e), surcharge against the person, such sum as the Authority may think fit.
Notification of surcharge