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Industrial Relations Act 1967 (2010 revision), Page 10

Part iXa - investigation and prosecution

Investigation officers

51a. the Director General may appoint such number of investigation officers, from amongst the officers appointed under section 2a, as may be necessary for the purposes of this Act.

Authority card

51b. (1) There shall be issued to each investigation officer an authority card which shall be signed by the Director General.

(2) Whenever an investigation officer exercises any of the powers under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Power to conduct investigation

51c. (1) Where an investigation officer has reason to suspect that a person has committed an offence against this Act, he may make such investigation as he thinks expedient for the due administration of this Act.

(2) Whenever it appears to any Magistrate upon written information and after such enquiry as he thinks necessary, that there is reasonable cause to believe that in any place or building there is any object, article, material, thing, book or other document, which may be used as evidence of the commission of an offence against this Act, he may by warrant empower the investigation officer to enter the place or building, by force if necessary, and thereto search for, seize, take possession of and detain any such object, article, material, thing, book or other document.

Power to examine persons

51d. (1) An investigation officer may for the purpose of enforcing this Act, do all or any of the following:

(a) order any person orally or in writing to attend before him for the purpose of being examined orally by the investigation officer in relation to any matter which may, in the opinion of the investigation officer, assist in the investigation into the offence;

(b) order any person orally or in writing to produce before the investigation officer books, other documents, property, articles, or things which may, in the opinion of the investigation officer, assist in the investigation into the offence; or

(c) by written notice require any person to furnish a statement in writing made on oath or affirmation setting out all such information which may be required under the notice, being information which, in the opinion of the investigation officer, would be of assistance in the investigation into the offence.

(2) A person to whom an order under paragraph (1)(a) or (b), or a written notice under paragraph 1(c), has been given shall comply with the terms of such order or written notice, as the case may be, and, in particular—

(a) a person to whom an order under paragraph 1(a) has been given shall attend in accordance with the terms of the order to be examined, and shall continue to so attend from day to day as directed by the investigation officer until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which capable of being obtained by him, in respect of the matter in relation to which he is being examined, whether or not any question is put to him with regard thereto, and where any question is put to him he shall answer the same truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse;

(b) a person to whom an order has been given under paragraph (1)(b) shall not conceal, hide, destroy, alter, remove from or send out of Malaysia, or deal with expend, or dispose of, any book, other document, property, article, or thing specified in the order, or alter or deface any entry in any such book or other document, or cause the same to be done, or assist or conspire to the same; and

(c) a person to whom a written notice has been given under paragraph (1)(c) shall, in his statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him, and shall not fail to furnish or disclose the same on the ground that it tends to incriminate him or his spouse.

(3) A person to whom an order or a written notice is given under subsection (1) shall comply with such order or notice and with the provisions of subsection (2) in relation thereto, nothwithstanding the provisions of any written law, whether enacted before or after the commencement of this Act, or of any oath, undertaking or requirement of secrecy, to the contrary, or of any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary.

(4) Where any person discloses any information or produces any book, other document, property, article, or thing, pursuant to subsections (1) and (2), neither the first-mentioned person, nor any other person on whose behalf or direction or as whose agent or employee, the first-mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any agreement or arrangment, or otherwise howsoever.

(5) An investigation officer may seize, take possession of and retain for such duration as he deems necessary, any book, other document, property, article or thing produced before him in the course of an investigation under subsection (1), or search the person who is being examined by him under paragraph (1)(a), or who is producing anything to him under paragraph (1)(b), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise, upon such person.

(6) An examination under paragraph (1)(a) shall be reduced into writing by the investigation officer and shall be read to and signed by the person being examined, and where such person refuses to sign the record, the investigation officer shall endorse thereon under his hand the fact of such refusal and the reasons thereof, if any, stated by the person examined.

(7) The record of an examination under paragraph (1)(a), or a written statement on oath or affirmation made pursuant to paragraph (1)(c), or any book, other document, property, article or thing produced under paragraph (1)(b) or otherwise in the course of an examination under paragraph (1)(a) or under a written statement on oath or affirmation made pursuant to paragraph (1)(c), shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court—

(a) for, or in relation to, an offence under this Act;

(b) for, or in relation to, any other matter under this Act; or

(c) for, or in relation to, any offence under any other written law,

regardless whether such proceedings are against the person who was examined, or who produced the book, other document, property, article or thing, or who made the written statement on oath or affirmation, or against any other person.

(8) A person who—

(a) makes, orally or in writing, or signs any declaration, return, certificate or other document required by this Act which is untrue or incorrect in any particular; or

(b) fails or refuses to furnish or produce any declaration, return, certificate or other document required by this Act to be furnished or produced,

shall be guilty of an offence.

Prosecution

51e. No prosecution shall be instituted for an offence under this Act or any regulations made under this Act except by or with the consent in writing of the Public Prosecutor.

Offence by bodies corporate, etc.

51f. where an offence under this Act has been committed by a body, whether corporate or unincorporated—

(a) in the case of a body corporate, any person who was a director, manager, secretary or any other officer responsible for the management of the body corporate at the time of the commission of the offence;

(b) in the case of a partnership or sole proprietor, every partner in the partnership or the sole proprietor at the time of the commission of the offence;

(c) in the case of trade union, the President, Secretary, Treasurer or other officer of the trade union at the time of the commission of the offence; or

(d) in the case of a society or any other unincorporated body, the President, Chairman, Secretary, Treasurer or other similar officer of the society or unincorporated body at the time of the commission of the offence, may be charged severally or jointly in the same proceedings as the body corporate, partnership, sole proprietor, trade union, society or unincorporated body and shall be deemed to have committed the offence unless he proves that the offence was committed without his knowledge or connivance or that he took all reasonable precautions or that he had exercised due diligence to prevent the commission of the offence.

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