Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part V · Investigation, Search, Seizure and Arrest
35. Investigation of share, purchase account, etc.
Feedback & supportNotwithstanding the provisions of any other written law or any rule of law, the Public Prosecutor or an officer of the
officer
“officer” or “junior officer” means any officer or junior officer appointed under subsection 6(1) or (2);
Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he is satisfied that it is necessary for the purpose of any investigation into an offence under this
Act, may authorize in writing an officer of the Commission to exercise in relation to any financial institution specified in the authorization all the powers of investigation set out in subsection (2).
officer of the Commission
“officer of the Commission” means the Chief Commissioner and any officer appointed under subsection 6(1);
An officer of the Commission authorized under subsection (1)
may, in relation to the financial institution in respect of which he is so authorized—
financial institution
“financial institution” means— (a) a licensed bank, licensed insurer and investment bank under the Financial Services Act 2013; (b) a licensed international Islamic bank, licensed international takaful operator, licensed Islamic bank and licensed takaful operator under the Islamic Financial Services Act 2013; (c) a prescribed institution under the Development Financial Institutions Act 2002; (d) a licensee under the Money Services Business Act 2011; (e) a person licensed or registered under the Capital Markets and Services Act 2007; (f) the central depository established under the Securities Industry (Central Depositories) Act 1991; (g) a bank licensee, an insurance licensee, a securities licensee and any entity licensed or registered under the Labuan Financial Services and Securities Act 2010; (h) an Islamic bank licensee, a takaful licensee, an Islamic securities licensee and any entity licensed or registered under the Labuan Islamic Financial Services and Securities Act 2010; and (i) any other financial institution established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the Co-operative Societies Act 1993;
inspect and take copies of any banker’s book, account or any document belonging to or in the possession, custody or control of the financial institution;
inspect and take copies of any share account, purchase account, expense account or any other account of any person kept in the financial institution;
inspect the contents of any safe deposit box in the financial institution; or
request for any other information related to any document, account or article referred to in paragraphs (a), (b)
and (c).
Notwithstanding anything in subsection (2), an officer of the
Commission authorized under subsection (1) may take possession of any book, document, account, title, securities or cash to which he has access under that subsection where in his opinion—
the inspection of them, the copying of them, or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them;
42
they may be interfered with or destroyed unless he takes possession of them; or
they may be needed as evidence in any prosecution for an offence under this Act or any other written law.
Any person who wilfully fails or refuses to disclose any information or to produce any account, document or article as are referred to in subsection (2) to the officer of the Commission as authorized under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Where any person discloses any information or produces any account or document or article to an authorized officer of the
Commission, neither the first-mentioned person nor any other person on whose behalf or direction or as whose agent or employee, the first-mentioned person may be acting shall, on account of such disclosure or production, be liable to any prosecution, except a prosecution for an offence under section 27, for any offence under or by virtue of any law, or to any proceeding or claim by any person under or by virtue of any law, or under or by virtue of any contract, agreement or arrangement, or otherwise.
agent
“agent” means any person employed by or acting for another, and includes an officer of a public body or an officer serving in or under any public body, a trustee, an administrator or executor of the estate of a deceased person, a subcontractor, and any person employed by or acting for such trustee, administrator or executor, or subcontractor;