Supply of information
(1) The Commission may compile and supply to the police force or any relevant authority with such general information which the Commission considers should be brought to the attention of the police force or relevant authority relating to the functions of the Commission under section 4 and powers of the Commission under section 5 for the further action of the police force or relevant authority under any written law.
(2) The Commission may request from the police force or any relevant authority any other general information relating to the functions of the Commission under section 4 and powers of the Commission under section 5.
(3) The police force or any relevant authority shall inform the Commission of such action taken arising from the supply of information by the Commission under subsection (1) within the time specified by the Commission.
Protection from liability
(1) No action, suit, prosecution or proceeding shall be instituted in any court against the Commission, any member of the Commission, any officer of the Commission or any member of the Task Force in respect of any act or thing done or committed by or on behalf of the Commission, any member of the Commission, any officer of the Commission or any member of the Task Force in such capacity provided that the Commission, such member of the Commission, any officer of the Commission or any member of the Task Force had at the time had carried out its or his functions in good faith.
(2) Subject to this Act, a person summoned to attend or when appearing before the Commission as a witness, or producing a document or other thing to the Commission has the same protection as a witness in any proceedings in the Court.
(3) No criminal or civil liability apart from this Act attaches to a person for compliance, or purported compliance in good faith, with any requirement made under this Act; in particular, if a person gives any record of examination or a written statement on oath or affirmation or produces any document or other thing under this Act, no civil liability attaches to the person for doing so, whether that liability would arise under a contract or otherwise.
(4) No evidence, document or findings of the Commission under this Act shall be admissible in any civil or criminal proceedings whatsoever against the person who gave the evidence if the person objects to giving any record of examination or a written statement on oath or affirmation or produces any document or other thing.
Allocation of annual funds
The Government shall make allocation of adequate funds annually for the purposes of the Commission to enable the Commission to discharge its functions and exercise its powers effectively under this Act.
Statutory Bodies (Accounts and Annual Reports) Act 1980
The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Commission.
Annual report
(1) The Commission shall, not later than the second meeting of Parliament of the following year, submit to and table in Parliament an annual report of all its activities during the year to which the report relates.
(2) The report shall contain a list of all matters referred to the Commission and the action taken in respect of the matters.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission, any member of the Commission, any officer of the Commission or any member of the Task Force in respect of any act or thing done or committed by it or him in such capacity.
Public servant
Every member of the Commission, officer of the Commission and member of the Task Force while discharging his duties as such member or officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Obligation of secrecy
(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 Commission—
(a) no member of the Commission, officer of the Commission, consultant or member of Task Force 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 documents relating to the affairs of the Commission shall disclose such information or document.
(2) Any person who contravenes subsection (1) 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.
Institution and conduct of prosecution
No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
Protection of person assisting Commission
(1) If it appears to the Commission that, because a person is assisting the Commission, the safety of the person or any other person may be prejudiced or the person or other person may be subject to intimidation or harassment, the Commission may make such arrangements with the relevant authorities as are necessary—
(a) to protect the safety of any such person; or
(b) to protect any such person from intimidation or harassment.
(2) In this section, a reference to a person who is assisting the Commission shall be a reference to a person who—
(a) has appeared, is appearing or is to appear before the Commission to give evidence or to produce a document or other thing; or
(b) has assisted, is assisting or is to assist the Commission in some other manner.
Police force to assist Commission
The police force shall assist the Commission, officer of the Commission and member of the Task Force in any matter within the control or ability to procure by the police force as may be
required by the Commission, officer of the Commission and member of the Task Force in the performance of the functions and the exercise of the powers of the Commission under this Act.
Regulations
(1) The Minister may make regulations for the purpose of carrying out or giving effect to the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), such regulations may prescribe the procedures on the referral of incident relating to sexual crime, grievous hurt and death under section 26.
(3) The regulations made under this section may prescribe any act in contravention of the regulations to be made an offence and may prescribe penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or both for such offence.
Transitional provisions
The following matters shall, in so far as they relate to the misconduct of members of the police force, on the coming into operation of this Act, be dealt with under the Enforcement Agency Integrity Commission Act 2009 [Act 700] by the Enforcement Agency Integrity Commission and shall be completed within one year from the date of coming into operation of this Act, as if this Act had not been passed:
(a) any pending complaints under section 23 of the Enforcement Agency Integrity Commission Act 2009;
(b) a n y p e n d i n g i n v e s t i g a t i o n s u n d e r s e c t i o n 2 5 , subsection 27(4) and section 28 of the Enforcement Agency Integrity Commission Act 2009;
(c) any pending findings of the Complaints Committee and findings of the Commission under sections 26 and 30 of the Enforcement Agency Integrity Commission Act 2009 respectively; and
(d) any pending hearing under section 34 of the Enforcement Agency Integrity Commission Act 2009.
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
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).
