* Enforcement Agency Integrity Commission Act 2009

Original Language Title: * Enforcement Agency Integrity Commission Act 2009

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Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ 700 Act ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 As on May 1 2015 2 ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 date of Royal Assent of the ... ... more August 19, 2009, the date of publication in the Gazette......... 3 September 2009 3 laws of MALAYSIA Act 700 ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation part II ESTABLISHMENT and FUNCTIONS of the COMMISSION 3. The establishment of the Commission 4. Functions of Commission 5. Membership of the Commission 6. Remuneration 7. The term of Office 8. Vacation of post 9. 10 Commission meeting. Temporary exercise of functions of the Chairman 11. Disclosure of interest 12. The exercise of the functions and powers of the Commission by Commissioner 4 laws of Malaysia ACT 700 PART III ADMINISTRATION section 13. Secretary 14. Officers and staff of the Commission 15. Consultant 16. The Complaints Committee 17. Task force 18. Other Committee 19. Card power 20. Use of personnel, facilities and services 21. Cooperation with other PART IV COMPLAINTS MANAGEMENT 22. General power on the Commission complaint management 23. Complaints of misconduct 24. The scope of misconduct 25. Initial investigation of 26. The findings of the Committee the complaint 27. Action by the Commission after the findings of the Complaints Committee 28. The Commission may initiate an investigation on its own initiative 29. Prohibition of the two investigation 30. The Commission's findings after investigation part V POWERS of INVESTIGATION 31. The power of the Commission in relation to the investigation of 32. The power to obtain documents or other objects 33. The obligation to provide information the Commission Enforcement Agency Integrity 5 Section 34. Hearing 35. Public hearing and closed 36. Rights of stakeholders to present 37. Legal representatives of 38. Examination of witnesses 39. Documents, answer, etc., protected 40. The power to search with warrant 41. Search and seizure without a warrant 42. List of things seized 43. Vehicle emissions, etc., seized PART VI OFFENCES 44. Threats against witnesses 45. Humiliation PART VII GENERAL 46. 47 funds. Act statutory bodies (accounts and annual reports) 1980 48. Annual report 49. Protection Commissioner, officers and staff of the Commission 50. Public authorities Protection Act 1948 51. 52 public servants. 53. The obligation of confidentiality Start and conduct of prosecution 54. Regulations 55. The Prime Minister's power to amend the Schedule table 7 laws of MALAYSIA Act 700 ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 an act to provide the Commission on the establishment of enforcement agency Integrity and to provide about the functions and powers and about other matters relating thereto.

[April 1, 2011]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title, commencement and application 1. (1) this Act may be cited as the Enforcement Agency Integrity Commission Act 2009.

(2) of this Act come into force on such date as the Yang di-Pertuan Agong by notification in the Gazette.

(3) this Act applies in respect of a complaint made or referred to the Commission in respect of the misconduct which occurred on or after the commencement of this Act.

(4) this Act shall apply to enforcement agencies designated by the Prime Minister in the schedule.

8 laws of Malaysia ACT 700 (5) Notwithstanding subsection (4), this Act shall not apply to the Malaysian anti-corruption Commission established under the Malaysian anti-corruption Commission Act 2009 [Act 694].


Interpretation 2. In this Act, unless the context otherwise requires — "enforcement agencies" means — (a) any of the ministries, departments, agencies or other bodies set up by the Federal Government, including a unit, section, Division, Department or agency of the ministries, departments, Agencies or bodies that, given the functions of enforcement by any written law or that have enforcement powers;

(b) a body established by federal law enforcement functions provided by federal law or any other written law; or (c) a unit, section, Division, Department or agency of a body established by federal law enforcement purposes;

"Complaints Committee" means the Committee Complaints established under section 16;

"disciplinary offence" includes any action taken or not taken that formed or can form the reason for disciplinary action under any written law;

"Task force" means a task force established under section 17;

"enforcement officer" means an officer — 9 enforcement agency Integrity Commission (a) an enforcement agency; or (b) the joint service established under Article 133 of the Federal Constitution which perform the functions of enforcement;

"Commissioner" means the Chairman, Deputy Chairman and other Commissioners appointed under section 5;

"Disciplinary authority", in relation to an officer power amplifier in — (a) a federal ministries, means the disciplinary authority may be established under part X of the Federal Constitution but excluding armed forces Council established under Article 137 of the Constitution;

(b) a federal government agency, means the disciplinary authority established — (i) under the Federal law in force in respect of discipline, and the imposition of surcharges on, officer statutory bodies; or (ii) by any law which the statutory bodies incorporated; or (c) a joint service in accordance with Article 133 of the Constitution, means the disciplinary authority established under Article 139 of the Constitution;

"misconduct" means any action taken or not taken as specified in section 24;

"Commission" means the enforcement agency Integrity Commission established under section 3.


10 laws of Malaysia ACT 700 PART II ESTABLISHMENT and FUNCTIONS of the COMMISSION establishment of Commission 3. (1) a body corporate called the integrity Commission established enforcement agency.

(2) the Commission shall have perpetual succession and has a seal.

(3) the Commission may sue and be sued (s).

(4) subject to and for the purposes of this Act, the Commission may, on such terms as he thinks fit by the Commission — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any kind of movable and immovable property; and (c) transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis, transferred or in any other manner dispose of, or make any arrangements regarding, any movable or immovable property or any interest on the property that vested in the Commission.


The functions of the Commission 4. (1) the functions of the Commission are as follows: (a) receive complaints of misconduct from the public against an officer or enforcement against an enforcement agencies generally and investigate and hold a hearing on such complaint;
11 enforcement agency Integrity Commission (b) summarize and provide mechanisms to detect, investigate and prevent misconduct by an officer power amplifier;

(c) protect the interest of the public to prevent and address the misconduct of an officer power amplifier;

(d) conducting auditing and monitoring regarding certain aspects of the operations and procedures of an enforcement agency;

(e) promote awareness, improvement of, and education in respect, integrity in an enforcement agency and reduce improper conduct among enforcement officers;

(f) assist the Government in formulating legislation, administrative measures or recommend to the Government or something for the sake of enforcement agencies, promote integrity and eliminate misconduct among enforcement officers;

(g) to review and verify any breach of code enforcement and make any necessary recommendations thereto; and (h) visits to the premises of an enforcement agency, including visiting a police station and lock-up in accordance with the procedure under any written law, and make any necessary recommendations related to it.

(2) the Commission shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions.




12 laws of Malaysia ACT 700 Membership Commission 5. (1) the Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint not more than seven Commissioners, from whom there shall be a Chairman and a Deputy Chairman, for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(2) No person shall be eligible to be appointed as a Commissioner if he or she is or has been an officer power amplifier.

(3) the appointment of the Commissioner under this section shall be published in the Gazette.


Remuneration 6. A person the Commissioner shall be paid such remuneration and allowances as may be determined by the Yang di-Pertuan Agong.


The term of Office 7. (1) subject to subsection (2), a Commissioner holds office for a term not exceeding three years as specified in the instrument of appointment, but he is eligible for re-election.

(2) a person may not hold the post of Commissioner for more than two consecutive periods.

(3) a Commissioner may at any time resign his Office by letter addressed to the Yang di-Pertuan Agong.

(4) appointing a Commissioner may at any time be revoked by the Yang di-Pertuan Agong.



Enforcement agency Integrity Commission 13 vacation of Office 8. The Office of a Commissioner shall be vacated if — (a) he dies;
(b) has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;

(c) he becomes bankrupt;
(d) he is not of unsound mind or otherwise is unable to meet its obligations;

(e) he fails to attend meetings of the Commission three times in a row without the permission of the Chairman;

(f) the resignation has been accepted by the Yang di-Pertuan Agong;

(g) his appointment is terminated by the Yang di-Pertuan Agong; or (h) the period of appointment has expired.



14 laws of Malaysia ACT 700 Commission Meeting 9. (1) the Commission shall meet as often as necessary to perform its functions.

(2) the Chairman of the Commission shall preside at all meetings of the Commission.

(3) a quorum of the Commission is four people.

(4) every Commissioner present will be entitled to one vote and if on a question to be determined by the Commission there is the same number of votes, the Chairman shall have the casting vote.

(5) the Commission shall determine the proceedings on its own journey.

(6) the Commission shall cause minutes of all its meetings to be maintained and stored in a proper form.

(7) the Commission may invite any person to attend the meeting for the purpose of advising it on any matter under discussion but that person is not entitled to vote at the meeting or present when a decision is made.


Temporary exercise of functions of the Chairman 10. Notwithstanding subsection 9 (2), if the Chairman is unable to perform his functions for any cause, or in any period of vacancy the Chairman, Deputy Chairman or, if he did not have, any Commissioner appointed by other Commissioners, shall perform the functions of the Chairman.





Enforcement Agency Integrity Commission 15 disclosure of interest 11. A Commissioner someone, either directly or indirectly, himself, through a member of his family or its affiliates, any interest of any matters discussed by the Commission or of any proceedings or

the hearing in front of the Commission, shall disclose the fact and the nature of his interest to the Commission and such disclosure shall be recorded in the minutes or notes of the proceedings or hearing and, unless specifically authorized by the Chairman, the Commissioner cannot take part in any discussion, proceeding or hearing, or during the Commission making any decision in relation to that matter.


The exercise of the functions and powers of the Commission by Commissioner 12. Functions and powers of the Commission may be conducted by a Commissioner unless the Commission determines otherwise.


PART III ADMINISTRATIVE Secretary 13. (1) the Commission shall have a Secretary who shall be the Chief Executive Officer of the Commission.

(2) the Secretary shall be appointed by the Commission.

(3) the Secretary shall be appointed on such terms and conditions and shall have such functions as may be determined by the Commission.




16 laws of Malaysia ACT 700 officers and staff of the Commission 14. (1) there shall be appointed such number of officers and staff of the Commission as may be necessary to assist the Commission in fulfilling its function effectively and efficiently and for the purpose of carrying out the provisions of this Act.

(2) the Commission may appoint any officer of any enforcement agencies on the basis of secondment as penyiasatnya.

(3) the Commission may appoint any number of legal officers who have to be borrowed from among the officers of the judicial and legal service or appointed from among the advocates and solicitors to assist the Commission.

(4) an officer of the Commission, directly or indirectly, himself, through a member of his family or its affiliates, any interest about or related to a power amplifier which is being investigated by the Commission shall disclose interest or relation immediately to a Commissioner and shall not be involved in any investigation carried out by the Commission in respect of the enforcement officers.

(5) the Commission may, with the approval of the Yang di-Pertuan Agong, make regulations with respect to the conditions of service of officers and employees.


The consultants 15. (1) the Commission may employ people, including retirees and former member of the enforcement agencies, upon such terms and conditions as it deems fit by the Commission, as a consultant or to perform any services that it thinks fit.

Enforcement agency Integrity Commission 17 (2) a person taken service under subsection (1) who, directly or indirectly, himself, through a member of his family or its affiliates, any interest about or related to a power amplifier which is being investigated by the Commission shall disclose interest or relation immediately to a Commissioner and shall not be involved in any investigation carried out by the Commission in respect of the enforcement officers.


The Complaints Committee 16. (1) the Commission shall establish a Complaints Committee which shall consist of such number of officers as it deems necessary or expedient by the Commission.

(2) the Complaints Committee shall have the following duties and responsibilities: (a) receive complaints of misconduct of any person to the Commission;

(b) keep and maintain a register of all complaints received by the Commission;

(c) evaluate the complaint pursuant to section 23;
(d) determine the type of misconduct;
(e) conduct any initial investigation about a complaint under section 25; and (f) inform the complainant about the status of aduannya and the action was taken after the Commission has made dapatannya.



18 laws of Malaysia ACT 700 task force 17. (1) the Commission may establish such number of task force may deem necessary to assist the Commission of its functions effectively and efficiently under this Act.

(2) a member of the task force may consist of officers and consultants that retrieved service under section 15.

(3) the task force shall perform such functions and duties assigned to the task force under this Act.

(4) a member of the task force shall have all the powers of investigation of the criminal procedure code [Act 593] and such power shall be in addition to the powers assigned under this Act and shall not reduce its powers under this Act.

(5) the Commission may establish a joint task force with any other authority if it considers necessary.


Other Committee 18. The Commission may establish such other committees as it may deem necessary or expedient to assist it in the performance of its functions.


Card power 19. (1) a certificate of appointment in the form of authorisation cards shall be issued to the Commissioner, the Chief Executive Officer, other officers and members of the task force, and card such power must be signed by the Chairman of the Commission.

(2) the Commissioner, Chief Executive Officer, other officers or members of the task force acting under 19 enforcement agency Integrity Commission of this Act shall, upon request, to declare his Office and present the powers which have been issued to him under subsection (1) to the person against whom he is acting or the person from whom he asks for any information.


Use of personnel, facilities or services 20. (1) the Commission may make arrangements for the use of services — (a) any employee or a Department of the Government or local authority or statutory; or (b) any enforcement officers to work with, or help, something the task force in carrying out its duties, or to assist the Commission in the performance of its functions under this Act.

(2) a Government Department or a local authority or a statutory or enforcement officers referred to in subsection (1) shall be obliged to comply with this section.


Cooperation with other 21. (1) in exercising his functions, the Commission may cooperate with any investigation agencies and law enforcement and any State or Federal Government Department or any other person deemed appropriate by the Commission.


(2) in carrying out other related functions, the Commission may cooperate with educational institutions and any others deemed appropriate by the Commission.

(3) the Commission may consult and disseminate intelligence and information to any agency investigation and law enforcement and any other person, 20 laws of Malaysia ACT 700 including any task force, as the Commission considers appropriate.

(4) If the Commission disseminates intelligence or information to any agency or person under this section on beliefs that intelligence or information that is confidential, the agency or the person is subject to the provisions of confidentiality in respect of the information or intelligence.


PART IV COMPLAINTS MANAGEMENT General Power on the Commission complaint management 22. (1) the Commission shall have authority to investigate any complaint of misconduct that he received from the public or referred to it by any person.

(2) the Commission shall have the power to refer any complaint of misconduct that he received or referred to it under subsection (1) of a discipline to the disciplinary authority in question.

(3) the Commission shall have the power to refer any complaint of misconduct that he received or referred to it under subsection (1) of a criminal to the public prosecutor.


Complaints of misconduct 23. (1) any person may make or refer a complaint of misconduct against an enforcement agency or a power amplifier to the Commission.

(2) a complaint shall be in writing and shall include the following: Integrity Commission enforcement agencies 21 (a) particulars of the complainant;
(b) the particulars of enforcement officers, if identifiable, which action is taken or not to take the basis of the complaint, or otherwise can be identified, a description or any other particulars sufficient to enable it to identified;

(c) details of the misconduct complained of, including date and place of the occurrence of the misconduct;

(d) the particulars of the person affected by the action taken or not taken by the enforcement officers, if such person is not the complainant;

(e) the particulars of any other people present during or engaging in actions taken or not taken complained of, if any; and (f) any other details, including photographs and documents, as he thinks fit or necessary by the complainant to be included in the complaint.

(3) Notwithstanding subsection (2), a complaint shall not be rejected because of the absence of any details or details as stated in paragraph (2) (a) to (f) unless the complaint becomes impossible or not could be assessed without such details or details.

(4) the Complaints Committee shall immediately record all complaints received by the Commission in the register of complaints and assess the complaint as to whether — (a) the conduct complained of is included in the scope of misconduct set out in section 24;

(b) the complaint of a junk, inconvenient or not made in good faith;

22 laws of Malaysia ACT 700 (c) matter of complaints is small;
(d) the misconduct complained of occurred too long ago to justify an investigation carried out;

(e) there are or have been available there is an alternative way of redeemable preference shares and loss and satisfying for the complainant; and (f) the matter of the complaint has been resolved by any court or being a matter of any proceedings pending in any court, including any appeal proceedings.


24 scope of misconduct. (1) the Commission may accept, or referred to, complaints about the following: (a) any action taken or not taken by the enforcement officers being inconsistent with any written law;

(b) any action taken or not taken by the enforcement officers who, in the opinion of the Commission, is unreasonable, unjust, oppressive or improper in berdiskriminasi;

(c) any action taken or not taken by the enforcement officers who, in the opinion of the Commission, done on improper motives, the reason not related or unrelated considerations;

(d) any action taken or not taken by the enforcement officers based on error of law or fact;

(e) any action taken or not taken by the enforcement officers that reason should be given but not given;
Enforcement Agency Integrity Commission 23 (f) failure of enforcement officers to follow the rules and procedures laid down by the law or by the relevant authorities; and (g) conduct any criminal offence by enforcement officers.

(2) enforcement officers misconduct can be investigated by the Commission even if — (a) actions taken or not taken that also involved non-enforcement officers;
or (b) actions taken or not taken that occurred when the enforcement officers not on duty officially.


Early investigation 25. An initial investigation by the Complaints Committee may be exercised for the purpose of further information in order to determine — (a) the type of misconduct complained of; and (b) whether the Commission should proceed with a full investigation of the complaint.


The findings of the Complaints Committee 26. (1) if the Complaints Committee is satisfied that a disciplinary offence disclosed and that the complaint better be dealt with by the disciplinary authority may be, the Complaints Committee shall promptly make a report to the Commission regarding the complaint together with the recommendation to refer the complaint to the disciplinary authority in question for the consideration of the Commission.
24 laws of Malaysia ACT 700 (2) if the Complaints Committee is satisfied that an offence under part IV of the Malaysian anti-corruption Commission Act 2009 disclosed Complaints Committee shall promptly make a report to the Commission regarding the complaint together with the recommendation to refer the complaint to the Malaysian anti-corruption Commission for the consideration of the Commission.

(3) if the Committee is satisfied that a Complaint of misconduct set out in section 24 disclosed and that there is a basis for the Commission started an investigation

in full, the Committee a complaint shall immediately make a report to the Commission regarding the complaint together with the recommendation that the Commission started an investigation in full on the misconduct to the consideration of the Commission.

(4) If the Complaints Committee is satisfied that — (a) the complaint does not fall within the scope of misconduct set out in section 24;

(b) the complaint of a junk or inconvenience, or that the complaint is not made in good faith;

(c) the matter of complaints is small;
(d) the misconduct complained of occurred too long ago to justify an investigation carried out;

(e) there are or have been available there is an alternative way of redeemable preference shares and loss and satisfying for the complainant; or (f) in the matter of the complaint has been resolved by any court or being a matter of any proceedings pending in any court, including any proceedings on appeal, then the Complaints Committee shall make a report to the Commission regarding the complaint and dapatannya, including the reason 25 enforcement agency Integrity Commission for dapatannya, and make recommendations that the Commission rejected the complaint.


Action by the Commission after the findings of the Committee the complaint 27. (1) where the Commission, after considering the report and recommendations of the Committee a complaint under subsection 26 (1), agreed with the recommendation of the Committee the complaint and the Commission does not intend to start a full investigation of the complaint, the Commission shall refer the complaint to the disciplinary authority for his actions.

(2) if the Commission, after considering the report and recommendations of the Committee a complaint under subsection 26 (2), agree with the recommendation of the Committee the complaint, the Commission shall refer the complaint to the Malaysian anti-corruption Commission for action.

(3) if the Commission has referred a complaint to the disciplinary authority concerned under subsection (1) or the Malaysian anti-corruption Commission under subsection (2) to action, the disciplinary authority or the Malaysian anti-corruption Commission, as the case may be, shall exercise his own and delivers dapatannya to the Commission within thirty days of receipt of the complaint from the Commission.

(4) If the Commission, after considering the report and recommendations of the Committee a complaint under subsection 26 (3), agreed with the recommendation of the Committee the complaint and is of the opinion that the Commission should start a full investigation of the complaint, the Commission shall inform — (a) in the case where the misconduct complaint of a discipline, the disciplinary authority concerned; or 26 laws of Malaysia ACT 700 (b) in the case where the misconduct complaint of a crime, enforcement agencies and Prosecutor, and began an investigation of the complaint under this Act.

(5) where the Commission, after considering the report, findings and recommendations of the Committee a complaint under subsection 26 (4), agreed with the findings and recommendations of the Committee the complaint and the Commission do not intend to investigate the complaint, the Commission shall reject the complaint.

(6) if the Commission is not satisfied with the report and recommendations or findings of the Complaints Committee under subsection 26 (1), (2), (3) or (4), the Commission shall order the task force to make further investigation on the complaint.

(7) the task force shall report the findings of his investigation to the Commission within fourteen days of the final decision of the Commission.

(8) the Commission shall inform the complainant of the action taken under this section.


The Commission may initiate an investigation on its own initiative, 28. Without prejudice to section 27, the Commission may initiate an investigation in respect of an wrongdoing knowingly on their own initiatives only if the Commission is satisfied that the matter has significant interest to the public or that is in the public interest to do so.


Prohibition on two investigations 29. When informed by the Commission under subsection 27 (4) that the Commission is currently investigating a complaint of improper conduct of a disciplinary or criminal nature, disciplinary authority 27 enforcement agency Integrity Commission or the relevant enforcement agencies, as the case may be — (a) cannot conduct any investigation or disciplinary proceedings in respect of the same matter matter the misconduct complaint; or (b) where a complaint in respect of the same matter has been made or referred to the disciplinary Authorities or to the relevant enforcement agencies by any other person and the disciplinary authority or the enforcement agency is conducting disciplinary proceedings or investigations with respect to the complaint against enforcement officers may be, shall forthwith discontinue the proceedings of its or his investigation with respect to the complaint.


The Commission's findings after investigation 30. (1) where the Commission has finished making his investigation with respect to any complaints of improper conduct under this Act and found that — (a) misconduct complained of are not confirmed, the Commission shall record the dapatannya and inform the complainant;

(b) misconduct it is a disciplinary offence, the Commission shall record the dapatannya and make a recommendation about the sentence that should be imposed on the enforcement officers in question and refer the matter to the disciplinary authority for his actions; or (c) misconduct that constitute a criminal offence, the Commission shall record the dapatannya and collect reports and papers his investigation and refer the matter to the public prosecutor.
28 laws of Malaysia ACT 700 (2) if the Commission has referred a matter to the disciplinary authority in question under paragraph (1) (b), the disciplinary Authority shall inform the Commission about the actions and reasons of its decision within fourteen days from the date of receipt of the findings and the recommendations.

(3) if the Commission has referred a matter to the public prosecutor under paragraph (1) (c), the Prosecutor shall communicate its decision to the Commission within fourteen days from the date of receipt of the finding, the report and the investigation papers.


(4) where a charge is made by the Prosecutor, any evidence obtained by the Commission under this Act may, notwithstanding the provisions of any other written law to the contrary, be used for the purpose of criminal proceedings.

(5) the Commission shall announce dapatannya to the public and inform the complainant about dapatannya and any actions taken by the disciplinary authority or public prosecutor under this section.


Part V POWERS of INVESTIGATION Powers of the Commission in relation to the investigation of 31. (1) the Commission shall, for the purposes of an investigation under this Act, have power — (a) hold a hearing if found necessary or desirable by the Commission to do so;

(b) obtain and receive all the evidence, whether written or verbal, and examine all persons as witnesses as may appear necessary or desirable by the Commission to be obtained or inspected;

Enforcement Agency Integrity Commission 29 (c) require the evidence of any witness, whether written or oral, made upon oath or affirmation (oath or pledge such oath or affirmation shall be like that can be required of the witness if she gave evidence in Court of law) or by statutory declaration;

(d) summon any person residing in Malaysia to attend any meeting or hearing of the Commission to give evidence or produce any document or other thing in his possession;

(e) issue a warrant to arrest to compel the attendance of any person who, after called to attend, not to do so and did not give a reason for the absence of the Commission satisfactorily, and order the person to pay all costs which may be incurred during forced its presence or by reason of keengganannya comply with the summons, and to fine the person an amount not exceeding five thousand dollars;

(f) impose a fine of the amount not exceeding five thousand dollars to any person who, when required by the Commission to give evidence on the pledge or to produce a document or other thing, refuses to do so and did not give a reason for keengganannya with the Commission;

(g) receive, notwithstanding any provision of the evidence Act 1950 [Act], any evidence, whether written or oral, that may not be admissible in civil or criminal proceedings;

(h) award any person who attended any meeting or hearing of the Commission any sums which in the opinion of the Commission 30 laws of Malaysia ACT 700 may have been incurred by that person on a reasonable basis by virtue of such presence; and (i) allow or do not allow the public to attend the hearing or any part of it.

(2) Notwithstanding paragraph (1) (d), if someone called it is a person who is detained under any written law, the summons shall be issued in accordance with the law applicable in respect of the detention place.


Power to obtain a document or other thing 32. (1) for the purposes of an investigation, the Commission may, by notice in writing served on a person requiring such person — (a) to attend at the time and place specified in the notice in front of the Commissioner or a member of the task force as specified in the notice; and (b) produce any documents or evidence, as specified in the notice.

(2) the notice may provide for the needs of the dipuaskan by another person acting on behalf of the person to the will has been charged.

(3) a person may not, without reasonable excuse, refuses or fails to comply with a notice served on it under this section.

(4) any person who, without reasonable excuse, fails to comply with a notice served 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.

31 enforcement agency Integrity Commission Obligation in law to give information 33. (1) subject to any limitations provided under this Act, every person who is required by the Commissioner or a member of the task force to provide any information about any matter that the Commissioner or a member of the task force has a duty to investigate it under this Act, and that the person giving it authority, shall be legally bound to give the information.

(2) any person who contravenes 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.


Hearing 34. (1) for the purposes of an investigation, the Commission may convene a hearing if it deems it necessary or expedient by the Commission.

(2) a hearing shall be chaired by any number of the Commissioner thinks fit by the Commission on a case by case basis.

(3) a person who is present at a hearing is entitled to be informed about the scope and purpose of the General hearing, unless the Commission is of the view that to disclose such information will affect seriously the investigation in question.

(4) the Commission may be assisted by a legal officer appointed under section 14.


Public hearing and closed 35. (1) all hearings shall be open to the public.

32 laws of Malaysia ACT 700 (2) Notwithstanding subsection (1), a hearing or part of a hearing be held confidentially if the Commission is satisfied that — (a) information or documents that may be given, or matters that may arise during the public hearing or part of the hearing of a secret; or (b) the hearing or part of the hearing of a matter or part of an article is not suitable for proper administration of this Act if the hearing or part of a hearing is open to the public.

(3) in making this decision, the Commission has the obligation to take into account any matter it considers relevant to the public interest.

(4) the Commission may give directions as to the persons who

can appear in a hearing when the hearing was held privately, and no person shall be present at the hearing of the berlanggaran with any such instructions.


Rights of interested persons to attend 36. If shown to the Commission that any person has a substantial and direct interest in any matter of a hearing, the Commission may allow that person to attend the hearing or part of the hearing time.


Legal representation 37. (1) the Commission may, in relation to a hearing, allowing — 33 enforcement agency Integrity Commission (a) any person who gives evidence at the hearing; or (b) any person referred to in section 36, to be represented by legal practitioners in the hearing or part of the hearing time.

(2) the Commission may be assisted by a legal officer appointed under section 14 if deemed necessary by the Commission.


Examination of witnesses 38. (1) any person authorised or required to be present at a hearing or practitioners lawmakers may, with the consent of the Commission, examine any witness about any matter relevant by the Commission found.

(2) a legal officer appointed by the Commission to assist it can examine any witness about any matter relevant by the Commission found.

(3) a witness examined under this section shall have the same protection and subject to the same liabilities as if inspected by a Commissioner.


Documents, answer, etc., protected 39. (1) a witness who is called to appear or appear before the Commission in a hearing cannot refuse to — (a) an oath or make an affirmation;
(b) answer any questions related to an investigation who asked questions to the witness by the Commissioner in the hearing; or 34 laws of Malaysia ACT 700 (c) produce any document or other thing which is in the custody or control of the witness required by the summons or by the Commissioner so submitted by the witness.

(2) a witness who is called to be present or appear before the Commission in a hearing shall not be exempted from answering any question or produce any document or other thing on the ground that the answers, documents or other things that can show the error of the witness or tends to show the error of the witness, or for any other reason, the obligation of protected berahsia or other restrictions on disclosure , or for any other reasons.

(3) an answer made, or documents or other things presented, by a witness in a hearing before the Commission is not admissible in evidence against any person in any civil or criminal proceedings, except as otherwise provided in this section, but can be used to decide whether to make an order for the purpose of any disciplinary proceeding conducted by the disciplinary authority in question.

(4) Nothing in this section makes unacceptable — (a) any answer, document or other thing in proceedings for an offence against this Act or in the proceedings for contempt under this Act;

(b) any answer, document or other thing in any civil or criminal proceedings if the witness does not object to answer or produce a document or other thing Notwithstanding subsection (2); or (c) any document in any civil proceedings for or with respect to any right or liability given or imposed by the documents or other things that.
Enforcement Agency Integrity Commission 35 the power to search with warrant 40. (1) where it appears to a magistrate on information on oath in writing of the Commissioner or a member of the task force on and after such investigation as may appear necessary, magistrate that there is reasonable cause to believe that — (a) any premises was used for; or (b) in any premises, there is evidence that it is necessary to investigate, the misconduct, a magistrate may issue a warrant which authorizes the Commissioner or a member of the task force, called it, at any reasonable time during the day or night and with or without assistance, enter into the premises and, if necessary, by force.

(2) a warrant issued under subsection (1) may empower the Commissioner or members of the task force to — (a) search the premises and seize or remove from the premises any equipment, vehicle, equipment, books, records, documents or other articles that are reasonably believed to be able to give evidence of the misconduct;

(b) take samples of any substance found inside the premises for the purpose of ascertaining, by testing or otherwise, whether the misconduct it was committed; and (c) make copies of or take extracts from any books, records, documents or other items found in the premises.

(3) the Commissioner or a member of the task force on entering any premises under this section may bring with him any other person and equipment as it deems necessary.
36 laws of Malaysia ACT 700 (4) the Commissioner or a member of the task force can, in the exercise of its powers under this section, if the need to do so — (a) break open any door or in the premises or any fences, blockades, gates or other barriers to the premises, in order to get into the premises;

(b) remove by force any barriers to entry, search, seizure and removal which he is empowered to do so under this section; and (c) detain any person found in such premises until the search is completed.


Search and seizure without a warrant 41. Whenever the Commissioner or a member of the task force has reasonable cause to believe that any vehicles, equipment, equipment, books, records, documents or other articles that are reasonably believed to be able to give evidence about misconduct is likely to be found in or at any place, premises, vehicle or person and that by reason of delay in obtaining a warrant under section 40 of the General search goals may terkecewa ,

He may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the place or premises;
(b) stop and inspect the person or vehicle; and (c) seize any vehicles, equipment, equipment, books, records, documents or other items can be found and evidence of the misconduct.


Enforcement Agency Integrity Commission list of things seized 37 42. (1) where any seizure made under this Act, the Commissioner or a member of the task force who made the seizure shall provide a list of every vehicle, equipment, equipment, books, records, documents or other items seized and of the place where the vehicle, equipment, equipment, books, records, documents or other items that are found and shall sign the list.

(2) the list shall be given to — (a) the occupier of the place or premises where the vehicles, equipment, equipment, books, records, documents or other items seized is found; and (b) those who control or care of the vehicle, if the seizure is made in respect of the vehicle or anything that can be found in the vehicle.

(3) where seizure made in or from any place or premises which is not occupied, the Commissioner or a member of the task force shall whenever possible post up a list of things seized in conspicuous in a place or premises that.


Vehicle emissions, etc., seized 43. The Commissioner or a member of the task force authorized by the Commissioner may, if he thinks fit, at any time, direct that any vehicles, equipment, equipment, books, records, documents or other items seized under this Act to the person who released from the possession, custody or control of the vehicle, equipment, equipment, books, records, documents or other items seized.





38 the laws of Malaysia ACT PART VI OFFENCES 700 Threats against witnesses 44. (1) any person that prevent or attempt to prevent any person from giving evidence before the Commission or through intimidation, block or attempt to block any person from giving such evidence, guilty of an offence and shall on conviction be imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or both.

(2) a person who is threatened, mengeji or injuring any person because has given evidence, or because the evidence given by that person in the future Commission, commits an offence and shall on conviction be imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or both.


Humiliation 45. (1) any person who commits an act of insult against someone Commissioner commits an offence and shall on conviction be imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or both of each.

(2) for the purposes of this section, an "Act of contempt" means — (a) any act disrespectful or any threat against someone kejian or Commissioner while he was sitting in a hearing; and (b) any act disrespectful or any threat against someone kejian or Commissioner at any Enforcement Agency Integrity Commission 39 times and anywhere else as he carries on its properties as a Commissioner.

PART VII GENERAL Fund 46. The Government must provide sufficient funds annually for the purpose of the Commission to enable the Commission perform its functions effectively under this Act.


Act statutory bodies (accounts and annual reports) 1980 47. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Commission.


48 annual report. (1) the Commission shall, not later than the first meeting of the Parliament for the ensuing year, submit an annual report to Parliament on all its activities during the year meant in the report.

(2) the report shall contain a list of all matters referred to the Commission and the actions that have been taken with respect to it.


Protection Commissioner, officers and staff of the Commission 49. No action, suit, prosecution or proceeding shall be instituted in any court against the Commissioner, Chief Executive Officer, other officers and staff of the Commission and any member of the task force with respect to any 40 laws of Malaysia ACT 700 Act or anything done or made by him on such properties provided that at that time he has performed its function in good faith.


Public authorities Protection Act 1948 50. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or to any Commissioner, an officer of the Commission or members of the task force with respect to any act or thing done or made by him on such properties.


Public servants 51. Every Commissioner, an officer of the Commission or members of the task force, while on his duties as Commissioner, an officer of the Commission or members of the task force shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


52. The obligation of confidentiality (1) except for the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law or if otherwise permitted by the Commission — (a) no Commissioner, officers and staff of the Commission and members of the task force, whether during or after the term of Office or its employment, may disclose any information it considers while performing his duties; and (b) no other person in any manner have access to any information or document relating to the Affairs of the Commission may disclose the information or document.
Enforcement Agency Integrity Commission 41 (2) any person who contravenes subsection (1) commits an offence and shall on conviction be imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or both.


Start and conduct of prosecution 53. No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.


Regulations


54. The Prime Minister may make regulations for the purpose of carrying out or implementing the provisions of this Act.


The power of the Prime Minister to amend Table 55. The Prime Minister may by order published in the Gazette amend the schedule.


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 42 laws of Malaysia ACT 700 TABLE [Subsection 1 (4)] the ENFORCEMENT AGENCIES that THIS ACT APPLIES the national anti-drugs agency Malaysian maritime enforcement agency Ikatan Relawan Rakyat Malaysia (RELA) Department of Environment Department of immigration Malaysia Royal Malaysian Customs Department Department of occupational safety and Health Department of national registration Department of civil aviation Road Transport Department Department of Industrial Relations Department of fisheries, Department of wildlife and national parks Department of Labour Ministry of health (Enforcement Division), Ministry of tourism (Enforcement Unit Licensing Division), Ministry of Trade , Co-operatives and consumerism (Enforcement Division), Ministry of housing and local government (Enforcement Division) commercial vehicles Licensing Board Registrar Business Polis Diraja Malaysia _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 43 laws of MALAYSIA Act 700 ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 LIST AMENDMENT of laws that amend the short title effect from NO 44 laws of MALAYSIA Act 700 ENFORCEMENT AGENCY INTEGRITY COMMISSION ACT 2009 LIST SECTION AMENDED Section Power amend with effect from THERE