Short title, commencement and application
(1) This Act may be cited as the Enforcement Agency Integrity Commission Act 2009.
(2) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
(3) This Act applies to complaints made or referred to the Commission in respect of misconduct occurring on or after the commencement of this Act.
(4) This Act shall apply to an enforcement agency as prescribed by the Prime Minister in the Schedule.
(5) Notwithstanding subsection (4), this Act shall not apply to the Malaysian Anti-Corruption Commission established under the Malaysian Anti-Corruption Commission Act 2009 [Act 694].
Interpretation
In this Act, unless the context otherwise requires—
“enforcement agency” means—
(a) any Ministry, Department, Agency or other body set up by the Federal Government, including a unit, section, division, department or agency of such Ministry, Department, Agency or body, conferred with enforcement functions by any written law or having enforcement powers;
(b) a body established by a Federal law which is conferred with enforcement functions by that Federal law or any other written law; or
(c) a unit, section, division, department or agency of a body established by Federal law having enforcement functions;
“Complaints Committee” means the Complaints Committee established under section 16;
“disciplinary offence” includes any act or inaction that constitutes or may constitute grounds for disciplinary action under any written law;
“Task Force” means a Task Force established under section 17;
“enforcement officer” means an officer of—
(a) an enforcement agency; or
(b) the joint service established under Article 133 of the Federal Constitution who is performing an enforcement function;
“Commissioner” means the Chairman, Deputy Chairman and other Commissioner appointed under section 5;
“Disciplinary Authority”, in relation to an enforcement officer in—
(a) a Federal Ministry, means the appropriate Disciplinary Authority established under Part X of the Federal Constitution but does not include the Armed Forces Council established under Article 137 of the Federal Constitution;
(b) a Federal statutory body, means the Disciplinary Authority established—
(i) under the Federal law in force relating to the discipline of, and the imposition of surcharge on, officers of statutory bodies; or
(ii) by any law by which a statutory body is incorporated; or
(c) a joint service pursuant to Article 133 of the Federal Constitution, means the Disciplinary Authority established under Article 139 of the Federal Constitution;
“misconduct” means any act or inaction as specified in section 24;
“Commission” means the Enforcement Agency Integrity Commission established under section 3.
