MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009

Malaysian Anti-Corruption Commission 1 LAWS OF MALAYSIA REPRINT Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 As at 1 January 2022 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2022 2 Act 694 Laws of Malaysia MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 Date of Royal Assent … … … 6 January 2009 Date of publication in the Gazette … … … 8 January 2009 Latest amendment made by Act A1567 which came into operation on … … … … 1 October 2018; except section 4 1 June 2020 Previous Reprints First Reprint … … … … … 2019 Malaysian Anti-Corruption Commission LAWS OF MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Principal objects of Act 3. Interpretation Part II THE MALAYSIAN ANTI-CORRUPTION COMMISSION 4. Establishment of the Malaysian Anti-Corruption Commission 5. Chief Commissioner 6. Appointment of other officers of the Commission 7. Functions of officers of the Commission 8. Production of authority card 9. Officer deemed to be always on duty 10. Powers of officers of the Commission 11. Duties of officers of the Commission 12. Standing orders 3 4 Laws of Malaysia Act 694 Part III PROVISIONS ON ADVISORY BOARD, SPECIAL COMMITTEE AND COMPLAINTS COMMITTEE Section 13. Anti-Corruption Advisory Board 14. Special Committee on Corruption 15. Complaints Committee Part IV OFFENCES AND PENALTIES 16. Offence of accepting gratification 17. Offence of giving or accepting gratification by agent 17a. Offence by commercial organization 18. Offence of intending to deceive principal by agent 19. Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal’s affairs or business 20. Corruptly procuring withdrawal of tender 21. Bribery of officer of public body 22. Bribery of foreign public officials 23. Offence of using office or position for gratification 24. Penalty for offence under sections 16, 17, 18, 20, 21, 22 and 23 25. Duty to report bribery transactions 26. Dealing with, using, holding, receiving or concealing gratification or advantage in relation to any offence 27. Making of statement which is false or intended to mislead, etc., to an officer of the Commission or the Public Prosecutor 28. Attempts, preparations, abetments and criminal conspiracies punishable as offence Part V INVESTIGATION, SEARCH, SEIZURE AND ARREST 29. Power to investigate reports and enquire into information 30. Power to examine persons Malaysian Anti-Corruption Commission 5 Section 31. Power of search and seizure 32. Translation 33. Seizure of movable property 34. Further provisions relating to seizure of movable property 35. Investigation of share, purchase account, etc. 36. Powers to obtain information 37. Order not to part with, deal in, movable property in financial institution, etc. 38. Seizure of immovable property 39. Prohibition of dealing with property outside Malaysia 40. Forfeiture of property upon prosecution for an offence 41. Forfeiture of property where there is no prosecution for an offence 41a. Admissibility of documentary evidence 42. Dealing with property after seizure to be void 43. Power to intercept communications 44. Surrender of travel documents 45. Power to amend or revoke any order or notice under this Act 46. Advocates and solicitors may be required to disclose information 47. Legal obligation to give information 48. Obstruction of investigation and search 49. Offences under Act to be seizable offences and powers of officers of the Commission relating to investigations Part VI EVIDENCE 50. Presumption in certain offences 51. Evidence of corroboration 52. Evidence of accomplice and agent provocateur 53. Admissibility of statements by accused persons 54. Admissibility of statements and documents of persons who are dead or cannot be traced, etc. 55. Certificate of position or office held 56. Admissibility of translation of documents 57. Evidence of custom inadmissible 6 Laws of Malaysia Act 694 Part VII PROSECUTION AND TRIAL OF OFFENCES Section 58. Prosecution of offences 59. Jurisdiction of the Sessions Court 60. Trial by High Court on a certificate by the Public Prosecutor 61. Joinder of offences 62. Defence statement 63. Examination of offenders Part VIII GENERAL 64. Member of Special Committee not to be member of Advisory Board, etc. 65. Protection of informers and information 66. Liability for offences outside Malaysia 67. Application of provisions of this Act to a prescribed offence 68. General offence 69. General penalty 70. Powers of police officers under this Act 71. Minister’s power to make orders, regulations and rules and amend Schedule 72. Immunity Part IX REPEAL AND SAVING 73. Repeal 74. Saving Schedule Malaysian Anti-Corruption Commission 7 LAWS OF MALAYSIA Act 694 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 An Act to provide for the establishment of the Malaysian Anti-Corruption Commission, to make further and better provisions for the prevention of corruption and for necessary and connected matters. [1 January 2009] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Anti-Corruption Commission Act 2009. (2) This Act comes into operation on 1 January 2009. Principal objects of Act 2. The principal objects of this Act are— (a) to promote the integrity and accountability of public and private sector administration by constituting an independent and accountable anti-corruption body; and 8 Laws of Malaysia Act 694 (b) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public and private sector administration and on the community. Interpretation 3. In this Act, unless the context otherwise requires— “member of a State Legislative Assembly” includes an officer of a public body who is a member of a State Executive Council by virtue of his office; “member of the administration” has the meaning assigned to it in Clause (2) of Article 160 of the Federal Constitution; “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; (e) any society registered under *subsection 7(1) of the Societies Act 1966 [Act 335]; (f) any branch of a registered society established under * section 12 of the Societies Act 1966; (g) any sports body registered under section 17 of the Sports Development Act 1997 [Act 576]; (h) any co-operative society registered under section 7 of the Co-operative Societies Act 1993 [Act 502]; * NOTE—Societies Act 1966 [Act 335] has been revised and named as Societies Act 1966 [Act 832] which comes into operation on 1 December 2021. Malaysian Anti-Corruption Commission 9 (i) any trade union registered under section 12 of the Trade Unions Act 1959 [Act 262]; (j) any youth society registered under section 9 of the Youth Societies and Youth Development Act 2007 [Act 668]; (k) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) has controlling power or interest; or (l) any society, union, organization or body as the Minister may prescribe from time to time by order published in the Gazette; “banker’s book” includes ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of business of a bank; “agent” means any person employed by or acting for another, and includes an officer of a public body or an officer serving in or under any public body, a trustee, an administrator or executor of the estate of a deceased person, a subcontractor, and any person employed by or acting for such trustee, administrator or executor, or subcontractor; “property” means real or personal property of every description, including money, whether situated in Malaysia or elsewhere, whether tangible or intangible, and includes an interest in any such real or personal property; “financial institution” means— (a) a licensed bank, licensed insurer and investment bank under the Financial Services Act 2013 [Act 758]; (b) a licensed international Islamic bank, licensed international takaful operator, licensed Islamic bank and licensed takaful operator under the Islamic Financial Services Act 2013 [Act 759]; (c) a prescribed institution under the Development Financial Institutions Act 2002 [Act 618]; 10 Laws of Malaysia Act 694 (d) a licensee under the Money Services Business Act 2011 [Act 731]; (e) a person licensed or registered under the Capital Markets and Services Act 2007 [Act 671]; (f) the central depository established under the Securities Industry (Central Depositories) Act 1991 [Act 453]; (g) a bank licensee, an insurance licensee, a securities licensee and any entity licensed or registered under the Labuan Financial Services and Securities Act 2010 [Act 704]; (h) an Islamic bank licensee, a takaful licensee, an Islamic securities licensee and any entity licensed or registered under the Labuan Islamic Financial Services and Securities Act 2010 [Act 705]; and (i) any other financial institution established or licensed under any other written law or any co-operative society registered or deemed to have been registered under the Co-operative Societies Act 1993; “monetary instrument” means coin or currency of Malaysia or of any other country, travellers’ cheque, personal cheque, bank cheque, money order, investment security or negotiable instrument in bearer form or otherwise in such form that title thereto passes upon delivery or upon delivery and endorsement; “offence under this Act” includes a prescribed offence; “prescribed offence” means— (a) any offence under any written law as specified in the Schedule; (b) an offence punishable under section 137 of the Customs Act 1967 [Act 235]; (c) an offence under Part III of the Election Offences Act 1954 [Act 5]; Malaysian Anti-Corruption Commission 11 (d) an attempt to commit any of the offences referred to in paragraphs (a) to (c); or (e) an abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code [Act 574]) any of the offences referred to in paragraphs (a) to (c), whether or not the offence is committed in consequence thereof; “Chief Commissioner” means the Chief Commissioner of the Malaysian Anti-Corruption Commission appointed under section 5; “court” means— (a) a High Court or a Judge of a High Court; or (b) a Sessions Court or a Magistrate’s Court or a Sessions Court Judge or a Magistrate, as the case may be; “Minister” means the Minister responsible for the Malaysian Anti-Corruption Commission; “officer” or “junior officer” means any officer or junior officer appointed under subsection 6(1) or (2); “foreign public official” includes— (a) any person who holds a legislative, executive, administrative or judicial office of a foreign country whether appointed or elected; (b) any person who exercises a public function for a foreign country, including a person employed by a board, commission, corporation, or other body or authority that is established to perform a duty or function on behalf of the foreign country; and (c) any person who is authorized by a public international organization to act on behalf of that organization; 12 Laws of Malaysia Act 694 “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