MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION ACT 1998

Malaysian Communications and Multimedia Commission  LAWS OF MALAYSIA Reprint Act 589 Malaysian communications and multimedia commission act 1998 Incorporating all amendments up to 1 January 2006 Published by The Commissioner of Law revision, Malaysia Under the Authority of the Revision of Laws Act 1968 in Collaboration with Percetakan Nasional Malaysia Bhd 2006  malaysian communications and multimedia commission act 1998 Date of Royal Assent ... … … … 23 September 1998 Date of publication in the Gazette … 15 October 1998 Previous Reprint First Reprint ... ... ... ... ... 2002  LAWS OF MALAYSIA Act 589 MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION ACT 1998 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation Part II THE COMMISSION 4. Establishment of Commission 5. Common seal 6. Membership of Commission 7. Schedule 8. Statutory declaration by members of Commission 9. Approval to hold other office 10. Tenure of office 11. Remuneration and allowances 12. Revocation of appointment and resignation 13. Vacation of office 14. Temporary exercise of functions of Chairman 15. Committees  Laws of Malaysia Part III POWERS AND FUNCTIONS OF COMMISSION Section 16. Powers and functions of Commission 17. Delegation of power 18. Direction by Minister 19. Returns, reports, accounts and information Part IV EMPLOYEES OF COMMISSION 20. Chairman shall be chief executive 21. Temporary exercise of functions of chief executive 22. Appointment of employees 23. Conditions of service 24. Loans and advances 25. Payment of retirement benefits, etc. 26. Discipline 27. Disciplinary committees 28. Disciplinary regulations 29. Disciplinary Appeal Board 30. Termination of service on grounds of public interest 31. Imposition of surcharge 32. Show cause notice before surcharge 33. Amount of surcharge 34. Notification of surcharge 35. Withdrawal of surcharge 36. 37. Recovery of surcharge Commission may adopt regulations, etc. Act 589 Malaysian Communications and Multimedia Commission  Part V FINANCE Section 38. The Fund 39. Expenditure to be charged on Fund 40. Conservation of Fund 41. Expenditure and preparation of estimates 42. Bank accounts 43. Power to borrow 44. Investment 45. Limitation on contracts 46. Financial year 47. Accounts 48. Non-application of Statutory Bodies (Accounts and Annual Reports) Act 1980 Part VI GENERAL 49. Appointment and power of investigating officers 50. Public servant 51. Public Authorities Protection Act 1948 52. Obligation of secrecy 53. Representation in civil proceedings 54. Power to employ 55. Things done in anticipation of the enactment of this Act Schedule  Laws of Malaysia Act 589 Malaysian Communications and Multimedia Commission LAWS OF MALAYSIA  Act 589 MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION ACT 1998 An Act to provide for the establishment of the Malaysian Communications and Multimedia Commission with powers to supervise and regulate the communications and multimedia activities in Malaysia, and to enforce the communications and multimedia laws of Malaysia, and for related matters. [1 November 1998, P.U. (B) 451/1998] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: Part I PRELIMINARY Short title 1. This Act may be cited as the Malaysian Communications and Multimedia Commission Act 1998. Commencement 2. This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 3. In this Act, unless the context otherwise requires— “Chairman” means the Chairman of the Commission appointed under paragraph 6(a);  Laws of Malaysia Act 589 “Commission” means the Malaysian Communications and Multimedia Commission established under section 4; “committee” means a committee appointed under section 15; “communications and multimedia laws” means this Act and the Communications and Multimedia Act 1998 [Act 588], and includes any subsidiary legislation made under those laws, and any other written law under which the Commission is to exercise any function; “employees” includes investigating officers appointed under section 49; “Fund” means the Fund established under section 38; “member” means the Chairman and other members of the Commission appointed under section 6; “Minister” means the Minister charged with the responsibility for communications and multimedia. Part II THE COMMISSION Establishment of Commission 4. (1) It is hereby established a body corporate by the name of “Malaysian Communications and Multimedia Commission”. (2) The Commission shall have perpetual succession. (3) The Commission may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, and upon such terms as it deems fit, the Commission may— (a) enter into contracts; and Malaysian Communications and Multimedia Commission  (b) in respect of movable and immovable property and interest in movable and immovable property, of every description— (i) acquire, purchase and take such property and interest; and (ii) hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of or deal with, such property and interest vested in the Commission. Common seal 5. (1) The Commission shall have a common seal which shall bear a device approved by the Commission. (2) The common seal may, from time to time, be broken, changed, altered and made anew as the Commission thinks fit. (3) Until a seal is provided by the Commission, a stamp bearing the words “Malaysian Communications and Multimedia Commission” may be used and shall be deemed to be its common seal. (4) The common seal shall be kept in the custody of the Chairman or an authorized employee. (5) The common seal shall be authenticated by either the Chairman or an authorized employee. (6) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated as in subsection (5) shall, until the contrary is proven, be deemed to have been validly executed. (7) Any deed, document or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission or an authorized employee on behalf of the Commission. (8) The common seal of the Commission shall be officially and judicially noticed. 10 Laws of Malaysia Act 589 Membership of Commission 6. The Commission shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) three members representing the Government; and (c) not less than two but not more than five other members. Schedule 7. (1) The provisions of the Schedule shall apply to members of the Commission. (2) The Minister may amend the provisions of the Schedule by order published in the Gazette. Statutory declaration by members of Commission 8. (1) No person shall be appointed as a member of the Commission unless before such appointment such person makes a statutory declaration whether he has any interest, financial or otherwise, in any undertaking involving communications and multimedia activities. (2) If a member of the Commission acquires any interest, financial or otherwise, in any undertaking involving communications and multimedia activities he shall, within one month after such acquisition, give notice in writing to the Minister specifying the interest acquired, and the Minister may, after taking the matter into consideration, if he thinks fit, declare that the person has vacated his office. Approval to hold other office 9. The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s written approval. Malaysian Communications and Multimedia Commission 11 Tenure of office 10. (1) Members of the Commission shall each be appointed for a term of two years. (2) Members of the Commission shall be eligible for reappointment but no member shall hold office for more than five terms. Remuneration and allowances 11. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine, after consultation with the Minister of Finance. (2) All other members of the Commission shall be paid such allowances at such rates as the Minister may determine, after consultation with the Minister of Finance. Revocation of appointment and resignation 12. (1) The Minister may at any time revoke the appointment of any member of the Commission without assigning any reason therefor. (2) A member of the Commission may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office 13. The office of a member of the Commission shall be vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or 12 Laws of Malaysia Act 589 (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if his conduct, whether in connection with his duties as a member of the Commission or otherwise, has been such as to bring discredit on the Commission; (d) if he becomes a bankrupt; (e) if he is of unsound mind or is otherwise incapable of discharging his duties; (f) in the case of the Chairman, if he absents himself from a meeting of the Commission without leave of the Minister; (g) in the case of a member of the Commission other than the Chairman, if he absents himself from three consecutive meetings of the Commission without leave in writing of the Chairman; (h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister. Temporary exercise of functions of Chairman 14. The Minister may appoint any member to act as the Chairman— (a) during any period when the office of the Chairman is vacant; (b) during any period when the Chairman is absent from duty or from Malaysia; and (c) during any period when the Chairman is, for any other reason, unable to perform the duties of his office. Committees 15. (1) The Commission may establish any committees as it considers necessary or expedient to assist it in the performance of its functions under the communications and multimedia laws. Malaysian Communications and Multimedia Commission 13 (2) The Commission may elect any of its members to be the chairman of a committee. ( 3 )  T h e C o m m i s s i o n m a y a p p o i n t a n y p e r s o n t o a committee. (4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment. (5) The Commission may revoke the appointment of any member of a committee without assigning any reason therefor. (6) A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee. (7) The Commission may, at any time, discontinue or alter the constitution of a committee. (8) A committee may regulate its own procedure. (9) A committee shall be subject to, and act in accordance with, any direction given to it by the Commission. (10) Meetings of a committee shall be held at such times and places as the chairman of the committee may determine. (11) A committee shall cause— (a) minutes of all its meetings to be maintained and kept in a proper form; and (b) copies of the minutes of all its meetings to be submitted to the Commission as soon as practicable. (12) A committee may invite any person to attend any of its meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting. (13) Members of a committee and any