Member of Special Committee not to be member of Advisory Board, etc.
(1) A member of the Special Committee on Corruption shall not be appointed a member of the Anti-Corruption Advisory Board or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.
(2) A member of the Advisory Board shall not be appointed a member of the Special Committee on Corruption or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.
(3) A member of any committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise shall not be appointed a member of the Special Committee on Corruption, a member of the Advisory Board
or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.
Protection of informers and information
(1) Subject to subsection (2), where any complaint made by an officer of the Commission states that the complaint is made in consequence of information received by the officer making the complaint, the information referred to in the complaint and the identity of the person from whom such information is received shall be secret between the officer who made the complaint and the person who gave the information, and everything contained in such information, identity of the person who gave the information and all other circumstances relating to the information, including the place where it was given, shall not be disclosed or be ordered or required to be disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority.
(2) If any book, paper or other document, or any visual or sound recording, or other matter or material which is given in evidence or liable to inspection in any civil, criminal or other proceedings in any court, tribunal or other authority as are referred to in subsection (1) contains any entry or other matter in which any person who gave the information is named or described or shown, or which might lead to his discovery, the court before which the proceedings are held shall cause all such parts thereof or passages therein to be concealed from view or to be obliterated or otherwise removed so far as is necessary to protect such person from discovery.
(3) Any person who gives the information referred to in subsection (1) knowing that the information is false commits an offence and shall on conviction be liable to imprisonment for a term not exceeding ten years, and shall also be liable to a fine not exceeding one hundred thousand ringgit; and for the purposes of any investigation into, or prosecution of, any offence under this subsection, subsections (1) and (2) shall not apply.
Liability for offences outside Malaysia
(1) The provisions of this Act shall, in relation to citizens and permanent residents of Malaysia, have effect outside as well as within Malaysia, and when an offence under this Act is committed in any place outside Malaysia by any citizen or permanent resident, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia.
(2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence, outside Malaysia.
Application of provisions of this Act to a prescribed offence
Notwithstanding any other written law to the contrary, the provisions of this Act shall apply to a prescribed offence regardless of whether the prosecution or any other proceedings in respect of such offence are instituted or taken by an officer of the Commission, or a police officer or customs officer, or any other officer having powers to investigate, prosecute or take any proceedings in respect of such offence.
General offence
Any person who fails to comply with any provision of this Act or any order, direction or notice given by or on behalf of a court, the Public Prosecutor, or an officer of the Commission in the exercise of his functions under this Act, commits an offence.
General penalty
Every person convicted of an offence under this Act for which no penalty is specifically provided shall be liable to a fine not
exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Powers of police officers under this Act
Nothing contained in this Act shall derogate from the powers of a police officer to investigate into any offence under this Act and to prosecute any person in respect of any such offence, so long as the provisions of this Act are complied with.
Minister’s power to make orders, regulations and rules and amend Schedule
(1) The Minister may, from time to time, by order published in the Gazette, prescribe any society, union, organization or body to be a public body.
(2) The Minister may make regulations or rules for the further, better and more convenient carrying out of the provisions of this Act, and without prejudice to the generality of this provision, the Minister may make regulations or rules—
(a) relating to any board or committee established under this Act;
(b) providing for the form of any notice, order, declaration or other matter under this Act; and
(c) providing for the service or delivery of any notice, order, direction, instruction, requirement or other thing lawfully done under this Act.
(3) The Minister may, from time to time, by order published in the Gazette, amend the Schedule.
Immunity
No action, suit, prosecution or other proceedings whatsoever shall lie or be brought, instituted, or maintained in any court or before any other authority against—
(a) the Government of Malaysia;
(b) any officer or employee of the Government of Malaysia or of the Commission;
(c) any member of the Advisory Board or the Special Committee or any other committee established under or for the purposes of this Act; or
(d) any person lawfully acting on behalf of the Government of Malaysia, Commission, officer or employee of the Government of Malaysia or Commission,
for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance or in execution of, or intended pursuance or execution of this Act, or any order in writing, direction, instruction, notice or other thing whatsoever issued under this Act:
Provided that such act or such statement was done or made, or was omitted to be done or made, in good faith.
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).