Malaysia legislation
Section 112
Section 112
(a)
is connected with the carrying out by the licensed operator of its licensed activities; or
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(b)
is material to the carrying out by the Director General of
Land Public Transport of any of his powers under this Act, as the Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).
(2)
Without prejudice to subsection (1), a licensed operator shall, within three months after the end of the financial year of the licensed operator or such longer period as the Director General of Land Public
Transport may allow, furnish to the Director General of Land Public
Transport—
(a)
a report of its operation during that financial year containing such information as is necessary to enable the Director
General of Land Public Transport to assess the level of the licensed operator’s compliance with performance and regulatory standards as well as satisfactory evidence of compliance with the conditions of the operator’s licence;
(b)
its audited annual balance sheet, profit and loss account, together with any notice thereon, and the reports of its auditor and, where applicable, its directors; and
(c)
a return tabulating such information as may be required by the Director General of Land Public Transport in respect of offences committed by the licensed operator and its employees and members of the public in connection with or relating to the operations of the railway.
(3)
Without prejudice to subsection (1), the Director General of
Land Public Transport may require a licensed operator to submit to it in respect of any period specified by the Director General of Land
Public Transport—
(a)
such information relating to the maintenance by the licensed operator of the terminals in the possession or under the control of the licensed operator as the Director General of Land Public Transport may require or as set out in the regulations made under subparagraph 252(1)(tb)(i), including frequency of maintenance of the same;
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(b)
any statistical information relating to the operations of the licensed operator;
(c)
its passenger or goods forecast during such period and in such form as may be determined by the Director General of
Land Public Transport; and
(d)
future development plans relating to any service or facility which the licensed operator is bound to provide under the conditions of the operator’s licence.
(4)
The information required under this section shall be furnished in such form and manner, at such interval and shall be accompanied or supplemented by such explanations and supporting documents as the
Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).
(5)
The information which a licensed operator is required to furnish to the Director General of Land Public Transport under this section may include information which, although the information is not in the possession of the licensed operator or would not otherwise come into the possession of the licensed operator, is information that the licensed operator can reasonably be required to obtain or compile.
(6)
The Director General of Land Public Transport may require a licensed operator to appoint, at the licensed operator’s cost, an independent expert with qualifications as may be specified by the
Director General of Land Public Transport, to conduct an audit or review any of the information which a licensed operator is required to furnish to the Director General of Land Public Transport under this section, but such appointment and report of the independent expert shall not relieve or derogate in any way the licensed operator’s liability under this section.
(7)
The Director General of Land Public Transport or land public transport officers may, at any time, as it deems necessary, conduct an audit on the business and activities of the licensed operator and the licensed operator shall take all necessary steps, at its own cost, to assist and facilitate the Director General of Land Public Transport or land
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public transport officers in conducting the audit, including to grant them access to its premises and documentation and information.
(8)
A licensed operator who—
(a)
fails to furnish any information as may be required by the
Director General of Land Public Transport under this section; or
(b)
refuses to assist or facilitate, or obstructs, the Director
General of Land Public Transport or land public transport officers in conducting an audit under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Director General of Land Public Transport to be informed of any change in control of licensed operator, etc.