Offence for failure to disclose interest
Open ↗Any member of the Council who fails to disclose his interest as required under paragraph 6 of the First Schedule and any member of a committee and the Implementation and Coordination Committee who fails to disclose his interest as required under paragraph 6 of the Second Schedule commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Obligation of secrecy
Open ↗(1) Except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law, no member of the Council, member of the Implementation and Coordination Committees, member of a committee or person invited to attend any meetings of the Council, the Implementation and Coordination Committees or any committee, or the Chief Executive or officer or servant of the Council shall disclose or provide or cause any person to disclose or provide, any information or document which has been obtained by him or to which he has access in the course of his duties and which is not published pursuant to this Act.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offence for giving false or misleading information
Open ↗(1) Any person who discloses or provides or causes any person to disclose or provide, information to the Council which he knows or has reason to believe is false or misleading commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
(2) If any person who commits an offence under subsection (1) is one whose profession is regulated under any written law, he shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
(3) Any body corporate which discloses or provides, or causes any person or body corporate to disclose or provide, information to the Council which the body corporate knows or has reason to believe is false or misleading commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.
Offence for unauthorized modification of information in the Council’s custody
Open ↗(1) A person commits an offence if he does any act or omission or causes any person to do any act or omission, which he knows will cause unauthorized modification of any information,
statistic or other data, whether in electronic form or otherwise, in the possession, custody or control of the Council.
(2) For the purposes of this section—
(a) it is immaterial that the act or omission in question is not directed—
(i) at any particular information, statistic or data;
(ii) at information, statistic or data of any kind; or
(iii) at any information, statistic or data held in any particular location;
(b) it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary; and
(c) a modification, including any act or omission that contributes towards causing such a modification, of any information, statistic or data takes place if—
(i) such information, statistic or data is altered or erased;
(ii) any new information, statistic or data is introduced or added to such information, statistic or data; or
(iii) any event occurs which impairs the ability of the Council to have access to such information, statistic or data.
(3) Any person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, or be liable to a fine not exceeding one hundred and fifty thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code [Act 574].
(4) If any person who commits an offence under this section is one whose profession is regulated under any written law, he shall, on conviction, be liable to a fine not exceeding one hundred and fifty thousand ringgit, or be liable to a fine not exceeding two hundred thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code.
(5) Any body corporate which commits an offence under this section shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit, or be liable to a fine not exceeding two hundred and fifty thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code.
Offence by body corporate and employee
Open ↗(1) Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in such management, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(a) that the offence was committed without his knowledge, consent or connivance; and
(b) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
(2) Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default done by him, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—
(a) by his employee in the course of his employment;
(b) by the agent when acting on his behalf; or
(c) by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
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).
