Section 74 — LAND PUBLIC TRANSPORT ACT 2010

(a)

is connected with the carrying out by the licensee or licensed operator of their respective licensed activities; or

(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 licensee and licensed operator shall, subject to any exemption as may be set out in the regulations made under paragraph 252(1)(tm), furnish to the Director

General of Land Public Transport—

(a)

a report of its or his operations 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 licensee’s or licensed operator’s compliance with performance and regulatory standards as well as satisfactory evidence of compliance with the conditions of the licence or operator’s licence;

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(b)

its or his audited annual balance sheet, profit and loss account, together with any notice thereon, and the reports of its or his auditor and, where applicable, its directors;

(c)

a return of all accidents involving the relevant vehicle, whether attended with death or personal injury or not, occurring during the period as specified by the Director

General of Land Public Transport; and

(d)

a return tabulating such information as may be required by the Director General of Land Public Transport in respect of offences committed by the licensee or licensed operator and its or his respective employees, involving the relevant vehicle during the period specified by the Director General of Land Public Transport including—

(i)

all convictions in respect of each such offence; and

(ii)

all offences compounded by such persons and the composition sums paid in respect of such offences.

(3)

Without prejudice to subsection (1), the Director General of

Land Public Transport may require a licensee and licensed operator to submit to it in respect of any period specified by the Director General of Land Public Transport—

(a)

any statistical information relating to the operations of the licensee or licensed operator;

(b)

its or his passenger forecast during such period and in such form as may be determined by the Director General of Land

Public Transport; and

(c)

future development plans relating to any service or facility which the licensee or licensed operator is bound to provide under the conditions of the licence or 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

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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 licensee or 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 licensee or licensed operator, or would not otherwise come into the possession of the licensee or licensed operator, is information that the licensee or licensed operator can reasonably be required to obtain or compile.

(6)

The Director General of Land Public Transport may require a licensee or licensed operator to appoint, at the licensee’s or 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 of or review any of the information which the licensee or licensed operator is required to furnish to the Director General of Land

Public Transport under this section, but such appointment and report of such an independent expert shall not relieve or derogate in any way the licensee’s or 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 he deems necessary, conduct an audit on the business and activities of the licensee or licensed operator, and the licensee or licensed operator shall take all necessary steps, at its own cost, to assist and facilitate the Director General of Land Public

Transport or land public transport officers in conducting the audit, including to grant them access to its or his premises and documentation and information.

(8)

A licensee or 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,

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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.