Page:Malaysian Anti-Corruption Commission Act 2009.pdf/26

26 (2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.

(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a State shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the Constitution or Laws of the Constitution of that State.

(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.

Penalty for offences under sections 16, 17, 18, 20, 21, 22 and 23

24. (1) Any person who commits an offence under sections 16, 17, 20, 21, 22 and 23 shall on conviction be liable to—
 * (a) imprisonment for a term not exceeding twenty years; and
 * (b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher.

(2) Any person who commits an offence under section 18 shall on conviction be liable to—
 * (a) imprisonment for a term not exceeding twenty years; and