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Civil Aviation Act 1969 [Act 3]

Part VIIIB   cite [+]

ENFORCEMENT AND INVESTIGATION

24LA Authorized officer   cite [+]

(1) The Director General may in writing authorize any officer of the Department of Civil Aviation to exercise the powers of enforcement under this Act.

(2) In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Director General.

24LB Powers of enforcement, inspection and investigation   cite [+]

The authorized officer 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.

24LC Power to require information   cite [+]

(1) The authorized officer may make an order under subsection (2) against any person if he has reasonable grounds to believe that person-

(a) has any information or any document that is relevant to the performance of functions and powers under this Act; or

(b) is capable of giving any evidence which the authorized officer has reasonable grounds to believe that the evidence is relevant to the performance of functions and powers under this Act.


(2) The order under subsection (1) may require the person-

(a) to give the authorized officer any such information;

(b) to produce to the authorized officer 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 authorized officer;

(d) if the person is an individual, to appear before the authorized officer 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 before the authorized officer 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 before the authorized officer 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 authorized officer 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.


(4) A person who fails to comply with an order of the authorized officer under this section shall be guilty of 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.

24LD Power to conduct inspection   cite [+]

(1) For the purpose of ascertaining compliance with this Act, the authorized officer 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 Director General or necessary for the purpose of ascertaining compliance with this Act.

(2) For the purposes of this section, the authorized officer 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 authorized officer under this section; or

(b) obstructs, intimidates, distracts, harasses or hinders the authorized officer while exercising any of the powers under this section,


shall be guilty of 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.

24LE Power to investigate   cite [+]

The authorized officer shall have the power to conduct an investigation where there is reason to suspect that-

(a) an offence has been or is being committed;

(b) there was an attempt to commit an offence; or

(c) there was a conspiracy to commit an offence,


in relation to this Act.

24LF Giving false or misleading information, evidence or document   cite [+]

A person who fails to disclose or omits to give any relevant information or evidence or document, or provides any information, evidence or document that he knows or has reason to believe is false or misleading, in response to a direction issued by the Director General or authorized officer, shall be guilty of 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.

24LG Compliance order   cite [+]

(1) Where the authorized officer is satisfied that a person has committed or is likely to commit an offence against this Act, he may make a compliance order under this section.

(2) Any person against whom a compliance order is made shall comply with the order.

(3) A compliance order may require a person to refrain from conduct which is in contravention of this Act or to take actions required to be taken in order to comply with this Act.

(4) A compliance order shall be made in writing specifying the grounds for its making.

24LH Tipping off   cite [+]

(1) Any person who-

(a) knows or has reasonable grounds to suspect that an authorized officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or

(b) knows or has reasonable grounds to suspect that a disclosure has been made to an authorized officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,


shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter-

(a) to his client or the client's representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or

(b) to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.


(3) Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.

(4) In proceedings against a person for an offence under this section, it is a defence to prove that-

(a) he did not know or suspect that the disclosure made under paragraph (1)(b) was likely to prejudice the investigation; or

(b) he had lawful authority or reasonable excuse for making the disclosure.



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