ScheduleSchedule; or
(b) if there is a contravention of any of the conditions or restrictions imposed in relation to the issuance of the licence.
(3) A person whose licence has been suspended under subsection (1) shall be deemed as if he has not been licensed during that suspension period for the purposes of this Act and the laws specified in the First Schedule.
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Revocation of licence 20i. (1) The Commission shall have the power to revoke the licence granted or renewed pursuant to section 20f on the following grounds:
(a) contravention of any of the provisions under this Act or the laws specified in the First Schedule;
(b) conviction of an offence under any other laws in
Malaysia;
(c) contravention of any of the conditions or restrictions imposed in relation to the issuance of the licence;
(d) the person becomes a bankrupt; or
(e) the person who has been licensed fails or ceases to carry on the service or activity to which the licence relates.
(2) The Commission shall not revoke a licence unless the licenced person has been given an opportunity to be heard.
Surrender of licence 20j. (1) Subject to subsection (2), a person who has been licensed may surrender the licence by sending it to the
Commission together with a written notice of its surrender.
(2) The surrender of a licence shall not take effect until the
Commission is satisfied that adequate arrangements have been made to meet all liabilities and obligations of the licenced person that are outstanding at the time the notice of surrender was given by the person who has been licensed.
(3) A surrender of licence made under subsection (1) shall not operate so as to avoid or effect any liability or obligation arising out from any agreement, contract, transaction or arrangement relating to the services or activity carried out by the person who has been licensed by virtue of holding such licence.
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Amendment of section 25
10. Section 25 of the principal Act is amended by substituting for the words “any member or employee of the Commission or any other person under the direction of the Commission” the words “the Commission, the Registrar, any member or employee of the Commission, a public officer or any other person”.
New Part IVa
11. The principal Act is amended by inserting after Part IV the following Part:
“Part IVa
INVESTIGATION AND ENFORCEMENT PROVISIONS
Powers of enforcement, inspection and investigation 27a. The Registrar shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure
Code [Act 593], except the power to arrest without warrant, in relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.
Power to require information 27b. (1) The Registrar may make a written order under subsection (2) against any person if he has reasonable grounds to believe that that person—
(a) has any information or any document that is relevant to the performance of functions and powers under the laws specified in the First Schedule; or
(b) is capable of giving any evidence which the Registrar has reasonable grounds to believe that the evidence is relevant to the performance of functions and powers under the laws specified in the First Schedule.
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(2) The order under subsection (1) may require the person—
(a) to give the Registrar any such information;
(b) to produce to the Registrar any such documents, whether in a physical form or in electronic media;
(c) to make copies of any such documents and to produce those copies to the Registrar;
(d) if the person is an individual, to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any such documents, whether in a physical form or in electronic media;
(e) if the person is a body corporate or a public body, to cause a competent officer of the body corporate or the public body to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any documents, whether in a physical form or in electronic media; or
(f) if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear, at a private hearing, before the Registrar at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any documents, whether in a physical form or in electronic media.
(3) The person so ordered under subsection (1) shall—
(a) provide the required information or documents within such time as specified in the order or such extended time as the Registrar may grant; and
(b) ensure that the information or documents provided are true, accurate and complete and shall 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.
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(4) A person who fails to comply with an order of the
Registrar under this section 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 three years or to both.
Power to conduct inspection 27c. (1) For the purpose of ascertaining compliance with the laws specified in the First Schedule or breach of any guidelines, practice notes, notices or circulars issued under section 20c, the Registrar shall have access to any place or building and may inspect and make copies of or take extracts from any book, minute book, register or other documents required to be kept by the Registrar or necessary for the purpose of ascertaining compliance with the laws specified in the First Schedule.
(2) For the purposes of this section, the Registrar may by notice in writing require any person to produce to him such books, minute books, registers or other documents as are in the custody or under the control of that person.
(3) Any person who—
(a) fails to produce any books, minute books, registers or other documents as required by the Registrar under this section; or
(b) obstructs, intimidates, distracts, harasses or hinders the
Registrar while exercising any of the powers under this section, 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 three years or to both.
Power to investigate 27d. The Registrar shall have the power to conduct investigation, in relation to the laws specified in the First Schedule or any
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guidelines, practice notes, notices or circulars issued under section 20c, where there is reason to suspect that—
(a) an offence or a breach has been committed;
(b) there was an attempt to commit an offence or a breach;
or
(c) there was a conspiracy to commit an offence or a breach, in relation to the laws specified in the First Schedule, or breach of any guidelines, practice notes, notices or circulars issued under section 20c.
Search and seizure with warrant 27e. Pursuant to a search and seizure warrant issued by the
Magistrate under the Criminal Procedure Code, if, by the reason of its nature, size or amount, it is not practicable to remove any book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing seized under this section, the Registrar shall by any means seal such book, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or thing in the premises or container in which it is found.
Search and seizure without warrant 27f. If the Registrar is satisfied, upon information received, that he has reasonable cause to believe that by reason of delay in obtaining a search warrant from a Magistrate under the
Criminal Procedure Code the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the Registrar may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 56 of the Criminal Procedure Code in a full manner as if he were authorized to do so by a warrant issued under that section.
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List of things seized 27g. (1) Except as provided in subsection (2), where any equipment, instrument, material, book, record, account, document or thing is seized under sections 27e and 27f, the Registrar shall as soon as practicable prepare a list of the things seized and of the places in which the equipment, instrument, material, book, record, account, document or thing is respectively found and deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises.
(2) Where the premises are unoccupied, the Registrar shall whenever possible post a list of the things seized conspicuously on the premises.
Release of things seized 27h. (1) If any equipment, instrument, material, book, record, account, document or thing has been seized under sections 27e and 27f, the Registrar may at any time after that release the equipment, instrument, material, book, record, account, document or thing to the person as he determines to be lawfully entitled to the equipment, instrument, material, book, record, account, document or thing if he is satisfied that the equipment, instrument, material, book, record, account, document or thing is not otherwise required for the purpose of any proceedings under the laws specified in the First