Page:Malaysian Anti-Corruption Commission Act 2009.pdf/44

44 (5) Any person who contravenes subsection (2) or (3) or does any act which results in, or causes, a contravention of subsection (2) or (3) commits an offence and shall on conviction be liable to a fine not exceeding twice the value of the property in respect of which the Public Prosecutor’s order had been contravened, or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.

(6) Where a Notice of Seizure has been issued under subsection (1) it shall be an offence for the registered proprietor of the immovable property which is seized under such Notice, or for any other person having any interest in such immovable property, who has knowledge of such Notice, to knowingly enter into any agreement with any person to sell, transfer, or otherwise dispose of or deal with, the whole or any part of such immovable property.

Prohibition of dealing with property outside Malaysia

39. Where the Public Prosecutor is satisfied that any property is the subject matter of an offence under this Act or was used in the commission of the offence, and such property is held or deposited outside Malaysia, he may make an application by way of an affidavit to a Judge of the High Court for an order prohibiting the person by whom the property is held or with whom it is deposited from dealing with the property.

Forfeiture of property upon prosecution for an offence

40. (1)	In any prosecution for an offence under this Act, the court shall make an order for the forfeiture of any property which is proved to be the subject matter of the offence or to have been used in the commission of the offence where—
 * (a) the offence is proved against the accused; or
 * (b) the offence is not proved against the accused but the court is satisfied—
 * (i) that the accused is not the true and lawful owner of such property; and