Page:Malaysian Anti-Corruption Commission Act 2009.pdf/41

Rh notice referred to in subsection (1) owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present or past emoluments and all other relevant circumstances, such officer of the Commission may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he commits an offence and shall on conviction be liable to—
 * (a) imprisonment for a term not exceeding twenty years; and
 * (b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.

(4) Every person to whom a direction is sent by such officer of the Commission under subsection (3) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the direction within such time as may be specified in the direction, and if such person willfully neglects or fails to comply with such direction, he commits an offence and shall on conviction be liable to—
 * (a) imprisonment for a term not exceeding twenty years; and
 * (b) a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.

(5) Every person to whom a notice or direction is sent by an officer of the Commission of the rank of Commissioner and above under this section shall be legally bound to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.

(6) Where any person discloses an information or produces any accounts, documents or records, in response to a notice under subsection (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under or by virtue of any law, or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement or arrangement, or otherwise.