LAWS OF MALAYSIA

PART XIV - INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS

Chapter 1 - Information gathering powers
Section 71. Provision of information

(1) This section applies to a person if the Commission has reasonable grounds to believe that the person —

(a) has any information or any document in his custody that is relevant to the performance of the Commission's powers and functions under this Act; or 

(b) is capable of giving any evidence which the Commission has reasonable grounds to believe is relevant to the performance of the Commission's powers and functions under this Act. 

(2) Notwithstanding the provisions of any other written law, the Commission, by written notice, may direct a person —

(a) to provide to the Commission, within the period and in the manner and form specified in the notice, any such information referred to in subsection (1);

(b) to produce to the Commission, within the period and in the manner and form specified in the notice, any such document referred to in subsection (1), whether in a physical form or in electronic media; 

(c) to make copies of, or extracts from, any such documents referred to in subsection (1) and to produce copies or extracts of such document, as the case may be, to the Commission within the period and in the manner specified in the notice; 

(d) if the person is an individual, to appear before the Commission at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media;

(e) if the person is a body corporate, to cause a relevant and competent officer of the body corporate to appear before the Commission at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; 

(f) if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before the Commission at a time and place specified in the notice to give any such information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; or

(g) to make a statement to the Commission providing an explanation of any information or document referred to in subsection (1) within the period and in the manner and form specified in the notice.

(3) Where the Commission directs any person to produce any document under subsection (2) and the person is not in custody of the document, that person shall —

(a) state, to the best of his knowledge and belief, where the document may be found; and

(b) identify, to the best of his knowledge and belief, the last person who has custody of the document and where that last-mentioned person may be found.

(4) Any person directed to provide information or document under subsection (2) or (3) shall ensure that the information or document provided is true, accurate and complete and such person shall provide an express reresentation to that effect, including a representation that  he is not aware of any other information or document which would make the information provided untrue or misleading. 

(5) Any person who refuses or fails to comply with the direction of the Commission under this section commits an offence and shall, on conviction, b liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.