Obligation of secrecy
(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 or committee, officer or employee of the Agency, or any person invited to attend any meeting of the Council or committee shall disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Agency or against any member of the Council, any member of the committee or any officer, employee, Innovation Ambassador or agent of the Agency, in respect of any act, neglect, default or omission done by it or him in such capacity.
Public servant
Every member of the Council or any committee, or any officer, employee, Innovation Ambassador or agent of the Agency, while discharging his duty under this Act as such member, officer, employee, Innovation Ambassador or agent, shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Power to make regulations
The Prime Minister may, on the recommendation of the Agency, make regulations as may be necessary for the better carrying out of the provisions of this Act.
Offence for providing false or misleading information
A person who provides, or cause any person to provide, information to the Agency 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 one million ringgit or to an imprisonment for a term not exceeding five years or to both.
Offence for unauthorized modification of the information or documents
(1) A person commits an offence if he does any act, or causes any person to do any act, 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 Agency.
(2) For the purposes of this section—
(a) it is immaterial that the act in question is not directed at—
(i) any particular information, statistic or data;
(ii) information, statistic or data of any kind; or
(iii) 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;
(c) 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 Agency to have access to such information, statistic or data,
and includes any act that contributes towards causing such modification.
(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding one million ringgit or to an imprisonment for a term not exceeding five years or to both.
Validity of acts and proceedings
No act done or proceeding taken under this Act shall be questioned on the ground of—
(a) any vacancy in the membership of, or any defect in the constitution of, the Council or a committee; or
(b) any omission, defect or irregularity not affecting the merits of the case.
Acts done in anticipation of the enactment of this Act
All acts done on behalf of the Agency in preparation for or in anticipation of the enactment of this Act and any expenditure
incurred in relation thereto, shall be deemed to have been authorized under this Act, provided that the acts done are consistent with the general intention and purposes of this Act; and all rights acquired or obligations incurred as a result of the doing of those acts including any expenditure incurred in relation thereto shall, upon the coming into operation of this Act, be deemed to be the rights and obligations of the Agency.
Vesting of rights, interests, obligations and liabilities upon expiry of Act
Upon the expiry of this Act, all rights, interests, obligations and liabilities derived, acquired, incurred or vested under this Act by or in the Agency shall be vested in the Ministry of Finance.
DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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).
