Establishment of the Malaysian Anti-Corruption Commission
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The Malaysian Anti-Corruption Commission is established.
Malaysian Anti-Corruption Commission Act 2009 Part II — The malaysian anti-corruption commission
Chief Commissioner
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(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment. (2) Where the Chief Commissioner is appointed from among members of the public services, the period of appointment of the Chief Commissioner shall not extend beyond the date of his compulsory retirement from the public service, but where he so attains the age of compulsory retirement he may be reappointed as Chief Commissioner by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. (3) The Chief Commissioner shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the advice of the Prime Minister. (4) The Chief Commissioner shall, during his term of office as such, be deemed to be a member of the general public service of the Federation for purposes of discipline. (5) The Chief Commissioner shall be responsible for the direction, control and supervision of all matters relating to the Commission. (6) The Chief Commissioner shall have all the powers of an officer of the Commission and shall have such powers of a Deputy Public Prosecutor as authorized by the Public Prosecutor for the purposes of this Act. (7) The Chief Commissioner shall, before assuming the duties and responsibilities of his office, make in such manner as he may declare to be most binding on his conscience before the Yang di-Pertuan Agong such declaration as may be prescribed by the Minister by rules made under section 71. (8) There shall be issued to the Chief Commissioner a certificate of appointment in the form of an authority card as evidence of his appointment. (9) The person holding office as the Director General of the Anti- Corruption Agency appointed under subsection 3(2) of the Anti- Corruption Act 1997 [Act 575] immediately before the commencement of this Act shall, upon the commencement of this Act, be deemed to have been appointed Chief Commissioner under subsection (1) for the remainder of the period of his appointment under the 1997 Act, and the requirements of subsection (7) shall be deemed to have been satisfied.
Appointment of other officers of the Commission
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(1) There shall be appointed such number of Deputy Chief Commissioners, Commissioners, Deputy Commissioners, Chief Senior Assistant Commissioners, Senior Assistant Commissioners, Assistant Commissioners, Senior Superintendents, Superintendents, Chief Senior Assistant Superintendents, Senior Assistant Superintendents and Assistant Superintendents of the Commission as may be necessary for the purpose of carrying into effect the provisions of this Act. (2) There shall be appointed such number of junior officers of the Commission as may be necessary to assist the Commission in carrying into effect the provisions of this Act. (3) All officers and junior officers of the Commission shall be members of the general public service of the Federation. (4) Every officer and junior officer of the Commission shall have such powers as may be provided for him under this Act and shall be subject to the direction, control and supervision of the Chief Commissioner or any other officer of the Commission superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions or instructions as may be specified orally or in writing by the Chief Commissioner or any other officer of the Commission superior to him in rank. (5) Every officer of the Commission appointed under subsection (1) shall on first joining the Commission and before assuming the duties and responsibilities of his office make in such manner as he may declare to be most binding on his conscience before an officer of the Commission of the rank of Senior Superintendent or above such declaration as may be prescribed by the Minister by rules made under section 71. (6) A certificate of appointment in the form of an authority card shall be issued to every officer and junior officer of the Commission, and such card shall be signed by the Chief Commissioner and shall be prima facie evidence of the appointment under this Act. (7) Upon the commencement of this Act, every person holding an appointment under the Anti-Corruption Act 1997 shall be deemed to be an officer of the Commission appointed under this section and the requirements of subsection (5) shall be deemed to have been satisfied, and every such officer shall hold such title of office as may be determined by the Minister by notification in the Gazette.
Functions of officers of the Commission
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The officers of the Commission shall have the following functions: (a) to receive and consider any report of the commission of an offence under this Act and investigate such of the reports as the Chief Commissioner or the officers consider practicable; (b) to detect and investigate— (i) any suspected offence under this Act; (ii) any suspected attempt to commit any offence under this Act; and (iii) any suspected conspiracy to commit any offence under this Act; (c) to examine the practices, systems and procedures of public bodies in order to facilitate the discovery of offences under this Act and to secure the revision of such practices, systems or procedures as in the opinion of the Chief Commissioner may be conducive to corruption; (d) to instruct, advise and assist any person, on the latter’s request, on ways in which corruption may be eliminated by such person; (e) to advise heads of public bodies of any changes in practices, systems or procedures compatible with the effective discharge of the duties of the public bodies as the Chief Commissioner thinks necessary to reduce the likelihood of the occurrence of corruption; (f) to educate the public against corruption; and (g) to enlist and foster public support against corruption.
Production of authority card
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Every officer and junior officer of the Commission when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information the authority card issued to him under this Act.
Officer deemed to be always on duty
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Every officer of the Commission shall, for the purposes of this Act, be deemed to be always on duty when required to perform his duties or functions and may perform the duties or functions and exercise the powers conferred on him under this Act or under any other written law at any place within or outside Malaysia.
Powers of officers of the Commission
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(1) In addition, and without prejudice, to the powers, duties and functions conferred under this Act— (a) an officer of the Commission shall have, for the purposes of this Act, all the powers and immunities of a police officer appointed under the Police Act 1967 [Act 344]; and (b) a junior officer of the Commission shall have, for the purposes of this Act, all the powers and immunities of a prison officer of the rank of sergeant and below under the Prison Act 1995 [Act 537] when escorting and guarding persons in custody of the Commission and those of a police officer of the rank of sergeant and below appointed under the Police Act 1967. (2) Without prejudice to the generality of subsection (1)— (a) an officer of the Commission of the rank of Superintendent and above shall have all the powers of a police officer of the rank of Assistant Superintendent of Police and above; and (b) a Chief Senior Assistant Superintendent, a Senior Assistant Superintendent and an Assistant Superintendent of the Commission shall have all the powers of a police officer of the rank of Inspector and above. (3) Where in the course of any investigation or proceedings in court in respect of the commission of an offence under this Act by any person, there is disclosed an offence under any other written law, not being an offence under this Act, regardless whether the offence is committed by the same person or any other person, the officer of the Commission responsible for the investigation or proceedings, as the case may be, shall notify the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above who may issue such directions as he thinks fit. (4) For the purpose of this Act— (a) where an order, a certificate or any other act is required to be given, issued or done by an officer in charge of a Police District under any written law, such order, certificate or act may be given, issued or done by a senior officer of the Commission, and for such purpose, the place where the order, certificate or act was given, issued or done shall be deemed to be a Police District under his charge; (b) an officer of the Commission shall have all the powers conferred on an officer in charge of a police station under any written law, and for such purpose the office of such officer shall be deemed to be a police station. (5) For the avoidance of doubt, it is declared that for the purposes of this Act an officer of the Commission shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof, but in the event of any inconsistency or conflict between the provisions of this Act and those of the Criminal Procedure Code, the provisions of this Act shall prevail.
Duties of officers of the Commission
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(1) It shall be the duty of the Chief Commissioner and the officers of the Commission to carry out their functions as specified in section 7. (2) The Chief Commissioner shall make an annual report on the activities of the Commission to the Special Committee on Corruption.
Standing orders
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The Chief Commissioner may issue administrative orders to be called “Standing Orders”, not inconsistent with the provisions of this Act, on the general control, training, duties and responsibilities of officers and junior officers of the Commission, and for such other matters as may be necessary or expedient for the good administration of the Commission or for the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the Commission.
Back to Malaysian Anti-Corruption Commission Act 2009 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 June 2020 (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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