(1) This Act may be cited as the National Anti-Financial Crime Centre Act 2019.
(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act.
Act 822
National Anti-Financial Crime Centre Act 2019
Akta pusat pencegahan jenayah kewangan nasional 2019
An Act to provide for the establishment of the National Anti-Financial Crime Centre, the coordination of integrated operation relating to financial crime amongst Government Entities and enforcement agencies and the management of centralized data system, and for related matters.
Data synced
Part I — PRELIMINARY
In this Act, unless the context otherwise requires—
“enforcement agency” includes any department of any ministry, body or agency that is for the time being conferred with enforcement powers under any written laws relating to financial crime;
“document” has the same meaning assigned to it under the Evidence Act 1950 [Act 56];
“Government Entity” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporated, of the Federal Government, whether established under written law or otherwise;
“Executive Committee” means the Executive Committee established under subsection 10(1);
“financial crime” means the offences listed in the Schedule;
“Director General” and “Deputy Director General” means the Director General and Deputy Director General of the National Anti-Financial Crime Centre appointed under subsections 12(1) and (2) respectively;
“Advisory Board” means the Advisory Board established under subsection 5(1).
Part II — NATIONAL ANTI-FINANCIAL CRIME CENTRE
A centre by the name of the “National Anti-Financial Crime Centre” is established.
The National Anti-Financial Crime Centre shall have the following functions:
(a) to coordinate and collaborate in integrated operation with the enforcement agencies in matters relating to financial crime and to advise the enforcement agencies in related matters;
(b) to establish, administer and maintain a centralized data system relating to financial crime, in order to provide support for the integrated operation and to transmit information in the centralized data system to other Government Entities or enforcement agencies; and
(c) to carry out activities relating to the prevention of financial crime.
Part III — ADVISORY BOARD
(1) An Advisory Board is established for the purpose of this Act.
(2) The Advisory Board shall consist of the following members:
(a) a Chairman;
(b) the Director General; and
(c) not more than five other members as appointed by the Yang di-Pertuan Agong, on the advice of the Prime Minister.
(3) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint the Chairman of the Advisory Board on such terms and conditions as may be specified in his instrument of appointment.
(4) The Chairman of the Advisory Board shall hold office for a term not exceeding three years after which he shall be eligible to be reappointed upon the expiry of his term of office.
(5) The other members of the Advisory Board appointed under paragraph (2)(c) shall hold office for a term not exceeding three years after which they shall be eligible to be reappointed upon the expiry of their term of office.
(6) In advising the Yang di-Pertuan Agong on the appointment of the Chairman of the Advisory Board and the other members under paragraph (2)(c), the Prime Minister shall have regard to—
(a) the person’s probity and standing;
(b) the academic qualifications, knowledge, skill and experience of the person in banking, economic, finance, asset management, taxation, prosecution, investigation, law or other matters as the Prime Minister deems fit; and
(c) the likelihood of any conflict between the interest of the National Anti-Financial Crime Centre and any interest which that person has or represents.
(7) The Advisory Board shall determine its own meeting procedure.
(1) The appointment of the Chairman of the Advisory Board and the other members appointed under paragraph 5(2)(c) may, at any time, be revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister.
(2) The Chairman of the Advisory Board and the other members appointed under paragraph 5(2)(c) may, at any time, resign their office by giving a written notice addressed to the Yang di-Pertuan Agong.
The office of a member of the Advisory Board shall be vacated if—
(a) he has been convicted of a criminal offence involving dishonesty or of any criminal offence for which he has been sentenced to imprisonment;
(b) he becomes a bankrupt;
(c) he becomes involved in any activity which may interfere with his independence in discharging his duties; or
(d) he is of unsound mind or is otherwise incapable of discharging his duties.
(1) A member of the Advisory Board who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion by the Advisory Board, shall disclose to the Advisory Board, the fact of his interest and the nature of that interest.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Advisory Board in which the matter is discussed and after the disclosure, that member—
(a) shall not be present or take part in any discussion or decision of the Advisory Board about the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the Advisory Board when the matter is discussed or decided upon.
(3) A member of the Advisory Board who fails to disclose his interest as provided under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(4) No act or decision of the Advisory Board shall be rendered invalid on the ground of the contravention by a member under subsection (3).
The Advisory Board shall have the following functions:
(a) to advise the Prime Minister on any aspect relating to financial crime;
(b) to advise the National Anti-Financial Crime Centre on its strategic direction and plan;
(c) to deliberate and decide on the recommendation made by the Executive Committee on any matter relating to financial crime; and
(d) t o f a c i l i t a t e t h e c o o p e r a t i o n b e t w e e n t h e National Anti-Financial Crime Centre, the Government Entities and enforcement agencies for the prevention of financial crime.
Part IV — EXECUTIVE COMMITTEE
(1) A committee to be known as the Executive Committee is established for the purpose of this Act.
(2) The Executive Committee shall consist of the following members:
(a) the Director General as Chairman;
(b) the Deputy Director General as Deputy Chairman;
(c) the Public Prosecutor or his representative; and
(d) any director of investigation or director of investigation of money laundering from an enforcement agency, or other officer of the similar position for any other Government Entity as appointed by the Director General.
(3) The appointment made under paragraph (2)(d) by the Director General shall be on such terms and conditions as may be specified in the instrument of appointment.
(4) The Executive Committee shall determine its own meeting procedure.
(5) The Executive Committee may invite any person to attend its meetings to advise the Executive Committee on any matter.
The Executive Committee shall have the following functions:
(a) to determine the direction of the National Anti-Financial Crime Centre in preventing financial crimes;
(b) to approve and monitor any integrated operation;
(c) to make recommendations to the Advisory Board on matters relating to the prevention of financial crime;
(d) to determine the operational policies relating to integrated operation and the centralized data system and to provide consultation on the guidelines for the National Anti-Financial Crime Centre;
(e) to develop the strategic direction and plan of the National Anti-Financial Crime Centre;
(f) to ensure the implementation of the advice of the Advisory Board; and
(g) to execute any other function that is necessary or expedient to give full effect to or for carrying out the provisions of this Act.
Part V — APPOINTMENTS OF DIRECTOR GENERAL, DEPUTY DIRECTOR GENERAL AND OTHER OFFICERS OF THE NATIONAL ANTI-FINANCIAL CRIME CENTRE
(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director General of the National Anti-Financial Crime Centre who shall head the National Anti-Financial Crime Centre on such terms and conditions as may be specified in the instrument of appointment.
(2) The Prime Minister shall appoint a Deputy Director General of the National Anti-Financial Crime Centre on such terms and conditions as may be specified in the instrument of appointment.
(3) The Director General and Deputy Director General appointed under subsections (1) and (2), respectively, shall hold office for a period not exceeding three years and is eligible for reappointment for a period not exceeding three years—
(a) in the case of an appointment as the Director General, as the Yang di-Pertuan Agong, on the advice of the Prime Minister, considers necessary; or
(b) in the case of an appointment as the Deputy Director General, as the Prime Minister considers necessary.
(4) Notwithstanding subsection (3), where the Director General or Deputy Director General is appointed from among members of the public services, the period of appointment of the Director General or Deputy Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be reappointed—
(a) in the case of an appointment as the Director General, by the Yang di-Pertuan Agong, on the advice of the Prime Minister; or
(b) in the case of an appointment as the Deputy Director General, by the Prime Minister,
on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.
(5) For the purpose of subsection (4), the period for the reappointment of the Director General or Deputy Director General on contract shall not exceed the period in which he was appointed under subsection (3).
(6) The Director General shall be responsible for the direction, command and control of all matters relating to the National Anti-Financial Crime Centre.
(7) The Director General may, for giving full effect to any provision of this Act, issue any direction, order or decision as the Director General thinks necessary or expedient subject to the provisions of this Act.
(1) There shall be appointed such number of officers of the National Anti-Financial Crime Centre as may be necessary for the purpose of carrying into effect the provisions of this Act.
(2) An officer appointed under subsection (1) shall be subject to the direction, control and supervision of the Director General, and shall exercise his powers, perform his functions and discharge his duties in compliance with such direction or control as may be specified orally or in writing by the Director General.
Part VI — INTEGRATED OPERATION AND CENTRALIZED DATA SYSTEM
(1) The National Anti-Financial Crime Centre may, subject to an approval by the Executive Committee, organize an integrated operation relating to financial crime and when the investigation involves the enforcement of not less than two enforcement agencies.
(2) F o r t h e p u r p o s e o f s u b s e c t i o n ( 1 ) , t h e National Anti-Financial Crime Centre shall have the power to coordinate and collaborate with enforcement agencies on matters relating to integrated operation.
(1) The National Anti-Financial Crime Centre shall establish, administer, maintain and manage a centralized data system which contain information received or gathered by the National Anti-Financial Crime Centre relating to financial crime.
(2) The information and analysed data in the centralized data system may be used for the planning and coordinating of an integrated operation and to prevent financial crime.
(3) For the purpose of the centralized data system, the National Anti-Financial Crime Centre may—
(a) r e q u e s t o n i t s o w n i n i t i a t i v e o r r e c e i v e a n y relevant information and reports from any person, Government Entity or enforcement agency for the purpose of any integrated operation or prevention of financial crime;
(b) subject to subsections (4) and (5), transmit any information in the centralized data system, or transmit any analysed data in the centralized data system, to any Government Entity or enforcement agency; and
(c) develop operational policies and guidelines relating to the centralized data system.
(4) Any Government Entity or enforcement agency may, to the extent permitted under the applicable written laws, provide to the National Anti-Financial Crime Centre information that the National Anti-Financial Crime Centre considers necessary for the purpose of any integrated operation or for the prevention of financial crime.
(5) Any information received by the National Anti-Financial Crime Centre under subsection (4) may be transmitted to any other Government Entity or enforcement agency subject to the extent permitted under the applicable written laws which governs the disclosure of such information.
(1) The National Anti-Financial Crime Centre may, by a written notice, order any person, who has any document that is relevant, or is capable of giving any information relating to financial crime which the National Anti-Financial Crime Centre has reasonable grounds to believe that the information is relevant, to the performance of its functions under this Act to—
(a) give and produce to the National Anti-Financial Crime Centre, within the period and in the manner specified in the written notice, any such information or document;
(b) make copies of any such documents and to produce those copies to the National Anti-Financial Crime Centre within the period and in the manner specified in the written notice; or
(c) appear before an officer of the National Anti-Financial Crime Centre at a time and place specified in the written notice to give any information.
(2) Any person who receives a written notice under subsection (1), shall—
(a) provide such information or documents as specified in the written notice;
(b) ensure that the information or documents provided are true, accurate and complete; and
(c) provide a representation to that effect, including a representation that he is not aware of any other information or document which would make the information or document provided untrue or misleading.
(3) A person referred to in subsection (1) may, to the extent permitted under the applicable written laws, provide to the National Anti-Financial Crime Centre any information that the National Anti-Financial Crime Centre considers necessary to exercise its functions under this Act.
(4) Where any person discloses any information or produces any documents in response to a written notice under this section, such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
(5) Subsection (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or the disclosure or production of false information or document in relation to a written notice under this section furnished to the National Anti-Financial Crime Centre pursuant to this section.
(6) Any person who contravenes subsection (2) 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.
Part VII — GENERAL
No prosecution for an offence under this Act shall be instituted except by, or with the written consent of, the Public Prosecutor.
(1) Except for the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Director General—
(a) no officer of the National Anti-Financial Crime Centre or members of the Advisory Board or Executive Committee, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and
(b) no other person who has, by any means, access to any information or document relating to the affairs of the National Anti-Financial Crime Centre shall disclose such information or document.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or to both.
No action, suit, prosecution or any other proceedings shall lie or be brought, instituted or maintained in any court against the National Anti-Financial Crime Centre, the Advisory Board, the Executive Committee, any officer of the National Anti-Financial Crime Centre, or any person lawfully acting in compliance with any direction, instruction or order of the Director General or officer of the National Anti-Financial Crime Centre, in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity.
The Director General may, upon consultation with the Executive Committee, issue guidelines on any matter relating to the functions of the National Anti-Financial Crime Centre.
The Minister may, by order published in the Gazette, amend the Schedule to this Act.
(1) Every notice or other document required by this Act to be served on any person may be served—
(a) personally on that person;
(b) by sending such notice or other document to that person by registered post; or
(c) by electronic means.
(2) A notice or other document sent by registered post to a person shall be deemed to have been served on that person at the time at which it would have been delivered to that person in the ordinary course of the post if such notice or other document was addressed—
(a) in the case of a company, limited liability partnership, firm, society, an association or other body of persons—
(i) to its registered office;
(ii) to its last known address; or
(iii) to any person authorized by it to accept service of process; and
(b) in the case of an individual, to his last known address.
Every officer of the National Anti-Financial Crime Centre, or member of the Advisory Board or Executive Committee, or officer of any Government Entity or enforcement agency, while discharging his duty or performing his functions under this Act in such capacity shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the National Anti-Financial Crime Centre, the Advisory Board, the Executive Committee or any officer of the National Anti-Financial Crime Centre, in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith, in such capacity.
A l l t h i n g s d o n e b y a n y p e r s o n o n b e h a l f o f t h e National Anti-Financial Crime Centre in the preparation of and towards the proper implementation of any of the provisions of this Act and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act, shall be deemed to have been authorized by this Act, and all rights and obligations acquired or incurred on behalf of the National Anti-Financial Crime Centre from anything so done or any expenditure so incurred shall upon the coming into force of this Act be deemed to be the rights and obligations of the National Anti-Financial Crime Centre.
Schedule
[Section 2]
OFFENCES LISTED AS FINANCIAL CRIME
Offences under the Second Schedule to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613].
Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik).
DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
Cite this legislation
- Official citation
- Act 822
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
National Anti-Financial Crime Centre Act 2019 [Act 822] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-822
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
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).