Appointment of the investigating authority
s 3
The Minister may appoint and authorize an investigating authority to conduct an investigation under this Act.
Safeguards Act 2006 Part II — THE INVESTIGATING AUTHORITY
Appointment of officers
s 4
The Minister may, from time to time, appoint and authorize such officers as are necessary to perform the functions and powers under this Act.
Protection of officers and persons acting under the Act and regulations
s 5
No action or prosecution shall be brought, instituted or maintained in any court against any officer or person authorized under this Act and the regulations made under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act and the regulations made under this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of any such officer or person if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Duties and powers of the investigating authority
s 6
(1) The investigating authority shall perform such duties and functions and exercise such powers as may be provided under this Act. (2) The conduct of investigation relating to serious injury or threat thereof shall be as prescribed. (3) The investigating authority shall be subject to the provisions of the Act in performing the functions assigned to it under this Act. (4) With respect to any proceedings under this Act, the investigating authority shall not disclose any information which is entitled to confidential treatment under this Act. (5) The investigating authority may request directly from the participating interested parties, customs agents, inspection companies, forwarders, and other enterprises and entities of the public and private sectors, such data and information as the investigating authority considers relevant to the performance of its duties, functions and powers. The recipients of such requests shall provide the requested information, and such information shall be placed in the public file. (6) The investigating authority may decide to verify the accuracy of any information submitted during an investigation or review as prescribed.
Power to delegate
s 7
(1) The Minister may, in writing, delegate any of his functions under this Act and the regulations made under this Act, subject to such conditions, limitations or restrictions as he thinks fit, to a person or class of persons and the person or class of persons to whom those functions are delegated may perform those functions in the manner and with the same effect as if those functions had been conferred on him or them under this Act and the regulations made under this Act. (2) A person or class of persons purporting to act pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. (3) A delegation made under this section may at any time be revoked by the Minister.
Back to Safeguards Act 2006 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2012 (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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