Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part V · Investigation, Search, Seizure and Arrest
43. Power to intercept communications
Feedback & supportNotwithstanding the provisions of any other written law, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act, may, on the application of an officer of the
officer of the Commission
“officer of the Commission” means the Chief Commissioner and any officer appointed under subsection 6(1);
Commission of the rank of Superintendent or above, authorize any officer of the Commission—
to intercept, detain and open any postal article in the course of transmission by post;
to intercept any message transmitted or received by any telecommunication; or
to intercept, listen to and record any conversation by any telecommunication, and listen to the recording of the intercepted conversation.
When any person is charged with an offence under this
Act, any information obtained by an officer of the Commission in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.
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An authorization by the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor or the officer of the Commission of the rank of Commissioner or above as authorized by the Public
Prosecutor shall, as soon as practicable, reduce the authorization into writing.
A certificate by the Public Prosecutor or the 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 stating that the action taken by an officer of the Commission in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized, and such certificate shall be admissible in evidence without proof of signature thereof.
No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under paragraph (1)(a), (b) or (c).
For the purpose of this section, “postal article” has the same meaning as in the *Postal Services Act 1991 [Act 465].