Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“enforcement agency” means—
(a)
any ministry, department, agency or other body set up by the Federal Government, State Government or local government including a unit, section, division, department or agency of such ministry, department, agency or body, conferred with investigation and enforcement functions by any written law or having investigation and enforcement powers;
(b)
a body established by a Federal law or State law which is conferred with investigation and enforcement functions by that Federal law or State law or any other written law; or
(c)
a unit, section, division, department or agency of a body established by a Federal law or State law having investigation and enforcement functions;
“public body” includes—
(a)
the Government of Malaysia;
(b)
the Government of a State;
(c)
any local authority and any other statutory authority;
(d)
any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority; and
(e)
any company or subsidiary company over which or in which any public body as is referred to in paragraph
(a)
, (b), (c) or (d) has controlling power or interest;
“private body” means an office or entity other than public body;
“improper conduct” means any conduct which if proved, constitutes a disciplinary offence or a criminal offence;
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“disciplinary offence” means any action or omission which constitutes a breach of discipline in a public body or private body as provided by law or in a code of conduct, a code of ethics or circulars or a contract of employment, as the case may be;
“confidential information” includes—
(a)
information about the identity, occupation, residential address, work address or whereabouts of—
(i)
a whistleblower; and
(ii)
a person against whom a whistleblower has made a disclosure of improper conduct;
(b)
information disclosed by a whistleblower; and
(c)
information that, if disclosed, may cause detriment to any person;
“officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the
High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;
“officer of a private body” includes any person who is a member, an office bearer, an officer, an employee, a servant, an employer, a proprietor, a partner and a director of a private body;
“authorized officer” means any officer of any enforcement agency;
“whistleblower” means any person who makes a disclosure of improper conduct to the enforcement agency under section 6;
“whistleblower protection” means protection conferred to a whistleblower under this Act;
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“detrimental action” includes—
(a)
action causing injury, loss or damage;
(b)
intimidation or harassment;
(c)
interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or the taking of disciplinary action;
and
(d)
a threat to take any of the actions referred to in paragraphs (a) to (c).