Telecommunications Act Part II — Privileges and powers of the government

[Pt. II, S.4]

s 4

(1) Where any person (hereinafter referred to as the Procedure petitiner) requests the Minister to grant him a licence fionpolicaunder section 3 (3), and the granting of such a licence would licence authorise the doing of work involving interference with any wotorising eravate inti noe ence share sul bect io subsecion t ne eie (10) has been complied with. (2) The petitioner shall prepare a plan of the area or areas over, along or under which thè telecommunication line is to be laid and maintained and shall show on the plan the whole of the premises whether built or not which will Rept open or pheic inspection ford ther sado planre all kes cation referred to in subsection (3). (3) When the plan referred to in subsection (2) has been prepared and is ready for inspection the petitioner shall publish a notification in the Gazette giving notice of the ame and oi the place where the plan 1s kept open fo ublic inspection. The petitioner shall also during the sai period of three weeks arrange for the notitication to be iepeated once in the Gazette and twice weekly in at least 1Malay one/Enghsh language newspaper and one Malay-or Chinese i language newspaper. The notification shall be in such form as may be prescribed. Linglish (4) The petitioner shall serve a notice on every owner of property affected by the plan stating that the plan has been prepared and requiring the owner to signify his assent or dissent thereto within one month from the date of the service of the notice. (5) Any person affected by the plan may within the said period of three weeks or within one month from the date of the service of the notice referred to in subsection (4), whichever date is the later, deliver to the petitioner a written objection to any proposal contained in the plan. (6) The Minister may, within fourteen days after the receipt of a request from the petitioner or after any person with a copy of the plan, the notification and the objection. [Pt. II, S. 45] (7) The tribunal shall meet to consider any objection not earlier than one week nor later than three weeks after its appointment. (9) The tribunal shall submit its findings to the Minister in the form of a report within fourteen days after completing the hearing of the objections. One copy each of the plan, the notification and a schedule of the objections in a summary form, which shall record the opinion of the tribunal as to each objection, shall accompany the report. (10) After considering the report of the tribunal the Minister may approve or reject the plan or he may approve Special powers in emergency. that the plan was duly prepared and approved or rejected, as the case may be. (11) Subject to this section the tribunal shall havo power to regulate its own procedure. (12) Where no objection is lodged within the time specified in subsection (5) or where an objection has been lodged in respect of certain immovable property and not in respect of other immovable property, the Minister may, upon the expiration of the time so specified and subject to the approval of the Land Authority, forthwith grant a licence to the petitioner under section 3 (3) so far as the immovable property in respect of which no objection has been lodged within the specified time is concerned.

s 5

(1) On the occurrence of any public emergency or in the interest of public safety, the Prime Minister or any officer specially authorised by him in that behalt may— (a) take temporary possession of any telecommunication established, maintained or worked by any person licensed under this Act; [Pt. II, S. 5-7] (b) withdraw either totally or partially the use of any telecommunication facility or telecommunication plant from any person or class of persons or from (c) order that any message or class of messages to or from any person or class of persons or relating to any specified subject shall not be transmitted (2) If any doubt arises as to the existence of a public emergency or whether any act done under subsection (l) was in the interest of public satety, a certiticate sıgned by the Prime Minister and delivered to the person in charge of the telecommunication shall be conclusive proof on the point.

s 6

Where it appears to the Minister that such a course is Pequerto expedient in the public interest he may by warrant under production his hand require any person who owns or controls any of messages. telecommunication to produce to him or to a person named in the warrant the originals and transcripts and records relating to either all messages, or messages of any specified class or description, or messages sent from or addressed to any specified person or place or sent to or received from any place out of Malaysia by means of any such telecommunication and all other papers relating to any such messages as aforesaid.

s 7

(1) The Minister may make regulations for the conduct Paker to of all or any telecommunications established, maintained or regulations. worked by the Government or by persons licensed under this Act! ar fir the eartroct auy selecoumencaten opperses (Act.A.I15)72) (2) (a) The said regulations may provide for all or any of the following matters: (i) the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted, and apparatus, equipment and plant may be hired; (i1) the precautions to be taken for preventing the improper interception or disclosure of messages; (iii) the period for which and the conditions subject to which messages and other documents belonging [Pt. II, S. 7-9] Ict.A.115/72 AA79T to or being in the custody of telecommunicatior officers shall be preserved; (Vii). Yir) the fees to be charged for searching for messages or other documents in the custody of any telecommunication officer; (xii) (xi) (y) prescribing all matters which under this Part may be prescribed. (b) The regulations may prescribe fines for any offence against the provisions thereof which shall not exceed the following limits: (i) where the offender is a person licensed under this AA628 lay or part of a day after the first day durin which the breach continues (ii) where the offender is a servant of a person licensed as aforesaid or any other person, one-fourth of the amount specified in sub-paragraph (i). (3) Regulations made under this section shall be laid before the Dewan Ra'ayat at its first meeting atter their publication in the Gazette. (4) If a resolution of the Dewan Ra'ayat is passed, at ne meeting next aiter the meeting at which the regulation ire laid in accordance with sub-section (3), to the effect tha A1G2S→ Ofiieation 8. The Minister may at any time revoke any licence granted under section 3 on the breach of any of the conditions therein contained or in default of payment of any consideration payable thereunder. tA.115/72) (a) of any telecommunication officer failing in his duty with respect to the receipt, transmission or delivery of any message; or (b) of any failure of telecommunication plant. (2) No telecommunication officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously or fraudulently.