Power to examine persons
(1) An officer of the Commission may, in conducting any investigation under this Act, by a written notice—
(a) order any member of the police force or officer of a public body through his Head of Department, or any person to attend before the officer of the Commission for the purpose of being examined orally in relation to any matter which may, in the opinion of such officer of the Commission, assist in the investigation; or
(b) order any member of the police force or officer of a public body through his Head of Department, or any person, to furnish, within the time specified by the officer of the Commission, a statement in writing made
on oath or affirmation setting out in the statement all such information which may be required under the notice, being information which may, in the opinion of such officer of the Commission, assist in the investigation.
(2) Any member of the police force, officer of a public body or person to whom a written notice has been given under paragraph (1)(a)—
(a) shall attend in accordance with the terms of the notice to be examined, and shall continue to attend from day to day where so directed until the examination is completed; and
(b) shall, during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief.
(3) The officer of the Commission in examining any member of the police force, officer of a public body or person under paragraph (1)(a) shall record in writing any statement made by the member of the police force, officer of a public body or person and the statement so recorded shall be read to and signed by the member of police force, officer of a public body or person, and where such member of the police force, officer of a public body or person refuses to sign the record, the officer of the Commission shall endorse on the record under the hand of the officer of the Commission the fact of such refusal and the reasons for the refusal, if any, stated by the member of the police force, officer of a public body or person examined.
(4) The member of the police force, officer of a public body or person examined under paragraph (1)(a) shall be legally bound to answer all questions put to him by the officer of the Commission, but the member of the police force, officer of a public body or person examined—
(a) may refuse to answer any question the answer to which would have a tendency to expose the member of the police force, officer of a public body or person to a criminal charge or penalty or forfeiture; or
(b) may refuse to disclose a sensitive information if certified by the Head of Department that the production of the sensitive information is prejudicial to national security or national interest.
(5) Any member of the police force, officer of the public body or person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Power to obtain documents or other things
(1) The Commission may, by notice served on any member of the police force or officer of a public body through his Head of Department or any person, require the member of the police force, officer of a public body or person to produce any document or other things related to the investigation which in the opinion of the Commission are relevant.
(2) A notice under this section—
(a) shall specify or describe the documents or other things concerned; and
(b) shall fix the time and date for compliance of the notice.
(3) The notice under this section may provide that the requirement under subsection (2) may be satisfied by any other person acting on behalf of any member of the police force, officer of a public body or person and may, but need not, specify the person or class of persons who may so act.
(4) Any member of the police force, officer of a public body or person who has been served with a notice under this section—
(a) who fails to comply with such notice; or
(b) who furnishes any information knowing it to be false or misleading in a material particulars,
commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(5) Where a document requested by the Commission is a classified document, such document shall be dealt with under the Official Secrets Act 1972 [Act 88].
(6) Where any member of the police force or officer of a public body is of the opinion that a document or other thing as requested by the Commission contains information prejudicial to national security or national interest, such member of the police force or officer of a public body shall obtain the approval of their respective Head of Department prior to producing such document or other thing to the Commission.
Findings of investigation
(1) The officer of the Commission shall, upon the completion of any investigation, submit his findings to the Complaints Committee.
(2) The Complaints Committee may, upon considering the findings of the officer of the Commission, submit the findings and recommendations to the Commission.
Action by Commission after considering findings and recommendations of Complaints Committee
(1) After considering the findings and recommendations by the Complaints Committee under subsection 29(2), the Commission shall take the following actions:
(a) where the findings disclose any offence under Part IV of the Malaysian Anti-Corruption Act 2009, refer the findings to the Malaysian Anti-Corruption Commission;
(b) where the findings disclose any criminal offence under any written law, refer the findings to the relevant authority;
(c) where the findings disclose any misconduct, refer the findings of misconduct to the Police Force Commission with the recommendation for disciplinary action; and
(d) where the findings disclose no misconduct, reject the complaint and inform the relevant Head of Department.
(2) If the Commission is not satisfied with the findings and recommendations by the Complaints Committee under subsection 29(2), the Commission may direct a Task Force to make further investigation.
(3) The Commission shall record the findings mentioned in subsection (1) and inform the complainant of the action taken on the complaint.
Task Force
(1) The Commission may establish such number of Task Forces to assist the Commission in the investigation of any misconduct under this Act.
(2) The members of the Task Force may comprise of the officers of the Commission and the consultants engaged under section 17.
(3) Sections 27, 28 and 29 and subsections 30(1) and (2) shall apply mutatis mutandis to the investigation conducted by the Task Force.
Commission may initiate investigation
(1) Notwithstanding anything to the contrary in this Act, the Commission may commence an investigation of misconduct on its own initiative but only if the Commission is satisfied that it is in the public interest to do so whether or not there is a complaint of misconduct relating to it.
(2) The investigation referred to in subsection (1) shall be conducted in accordance with Part V of this Act.
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).
