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Mutual Assistance in Criminal Matters Act 2002 Part IV — Miscellaneous

s 42–s 44 · 3 sections

Authentication of documents

s 42

(1) Subject to sections 13, 33 and 34 and any law relating to the admissibility of evidence, any document that is obtained, provided or produced pursuant to a request made under this Act and that is duly authenticated is admissible in evidence without any further proof in any criminal proceedings. (2) A document is duly authenticated for the purposes of subsection (1) if— (a) it purports to be signed or certified by a judge, magistrate, or officer in or of that prescribed foreign State; and (b) either— (i) it is verified by the oath or affirmation of a witness, or of an officer of the government of that prescribed foreign State; or (ii) it purports to be sealed with an official or public seal of that prescribed foreign State or of a Minister of State, or of a department or officer of the government, of that prescribed foreign State. (3) All courts in Malaysia shall take judicial notice of the official or public seal referred to in subsection (2). (4) Nothing in this section prevents the proof of any matter or the admission in evidence of any document in accordance with any other provision of this Act or any other law of Malaysia.

Delegation

s 43

(1) The Attorney General may delegate to a fit and proper person as he deems fit any of his powers under this Act. (2) A delegation under this section shall not preclude the Attorney General himself from exercising at any time any of the powers so delegated.

Regulations

s 44

(1) The Minister may make such regulations as are necessary or expedient to give full effect to or for carrying out the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes: (a) providing for the removal and return of a prisoner or a person under detention for his temporary surrender to a prescribed foreign State under section 28; (b) prescribing the procedure for enforcing foreign forfeiture orders; (c) prescribing the forms for the purposes of this Act; (d) prescribing the fees and charges payable under this Act; and (e) providing for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for their due administration. (3) Regulations made under this section may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding ten thousand ringgit or imprisonment not exceeding one year or both. LAWS OF MALAYSIA

Back to Mutual Assistance in Criminal Matters Act 2002 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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