Malaysia legislation
Section 36
Section 36
(a)
a report of its operation during that financial year containing such information as is necessary to enable the Director 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 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.
(2)
Without prejudice to subsection (1), the Director may from time to time require a licensed operator to submit to him -
(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 may require or as set out in regulations under section 89, including frequency of maintenance of the same;
(b)
such statistical information relating to the operations of the licensed operator;
(c)
its passengers or goods forecast during such period and in such form as may be determined by the Director; and
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(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.
(3)
The information required under this section shall be furnished in such form and manner, at such interval and shall be accompanied by such explanations and supporting documents as the Director may require.
(4)
The Director 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, to conduct an audit or review any of the information which a licensed operator is required to furnish to the Director 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.
(5)
The Director or an authorised officer may, at any time, as he 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 or the authorised officer in conducting the audit, including to grant them access to its premises and documentation and information.
(6)
A licensed operator who –
(a)
fails to furnish any information as may be required by the Director under this section; or
(b)
refuses to assist or facilitate, or obstructs, the Director or an authorised officer in conducting an audit under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
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Director to be informed of any change in control of licensed operator, etc.