Malaysia

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeNo
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2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
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3. Is there a ban on corporate donations to political parties?
  • CodeNo
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4. Is there a ban on corporate donations to candidates?
  • CodeNo
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5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
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6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
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7. Is there a ban on anonymous donations to political parties?
  • CodeNo
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8. Is there a ban on anonymous donations to candidates?
  • CodeNo
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9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
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10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
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11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
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12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
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13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeNo
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14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
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15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
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16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
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17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
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18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
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19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
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20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
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21. Is there a limit on in-kind donations to political parties?
  • CodeNo
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22. Is there a limit on in-kind donations to candidates?
  • CodeNo
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23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
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24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
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25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
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26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
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27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
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Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeNo
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29. What are the eligibility criteria for political parties to receive public funding?
  • CodeNot applicable
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30. What is the allocation calculation for political parties to receive public funding?
  • CodeNot applicable
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31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeNot applicable
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32. Are there provisions for free or subsidized access to media for political parties?
  • CodeNo
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33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeNot applicable
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34. Are there provisions for free or subsidized access to media for candidates?
  • CodeNo
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35. Are there provisions for any other form of indirect public funding?
  • CodeNo
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36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNot applicable
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37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
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Question Value
38. Is there a ban on vote buying?
  • CodeYes
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    10. The following persons shall be deemed guilty of the offence
    of bribery:
    (a) every person who, before, during or after an election,
    directly or indirectly, by himself or by any other person
    on his behalf, gives, lends, or agrees to give or lend, or
    offers, promises, or promises to procure or to endeavour
    to procure, any money or valuable consideration to or for
    any elector or voter, or to or for any person on behalf of
    any elector or voter or to or for any other person, in order
    to induce any elector or voter to vote or refrain from
    voting, or corruptly does any such act as aforesaid on
    account of such elector or voter having voted or
    refrained from voting at any election;
    Source: Section 10 (a), Election Offences Act, 2006

39. Are there limits on the amount a political party can spend?
  • CodeNo
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40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
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41. Are there limits on the amount a candidate can spend?
  • CodeYes
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    19. (1) Subject to such exception as may be allowed in
    pursuance of this Act, no sum shall be paid and no expense shall
    be incurred by a candidate at an election or by his election agent,
    after the date of publication of the notice of the election in the
    Gazette, during or after an election, on account of or in respect of
    the conduct or management of such election, in excess of—
    (a) two hundred thousand ringgit in the case of an election
    to the Dewan Rakyat;
    (b) one hundred thousand ringgit in the case of an election
    to a Legislative Assembly;
    (c) ten thousand ringgit in the case of an election to a local
    authority other than a local council;
    (d) three thousand ringgit in the case of an election to a local
    council:
    Provided that paragraphs (c) and (d) shall have no application
    in Sabah and Sarawak.
    (2) Any candidate or election agent who knowingly acts in
    contravention of this section shall be guilty of an illegal practice.
    Source: Section 19, Election Offences Act, 2006

42. If there are limits on the amount a candidate can spend, what is the limit?
  • Code DEPENDS ON ELECTION TYPE
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43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
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44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
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45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
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46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
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Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
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    14. (1) Every registered society shall, within sixty days after the
    holding of its annual general meeting or if no annual general
    meeting is held, within sixty days after the end of each calendar
    year, forward to the Registrar—
    (a) a true and complete copy of any amendments to the rules
    of such society made since the date of registration or of
    the last return;
    (b) a true and complete list of office-bearers and the number
    of members of such society residing in Malaysia or present
    therein at the date of such return or, if such society has
    no office-bearers residing or present in Malaysia, the
    name, address and occupation of the person in Malaysia
    authorized to act for or on behalf of the society, and the
    number of members as aforesaid together with a true and
    complete list of the office-bearers of all the branches (if
    any) of the society;
    (c) the address of the society or of the place of business of
    the society;
    (d) the accounts of the last financial year of the society,
    together with a balance sheet showing the financial position
    at the close of the last financial year of the society;
    (da) the name and address of any society, association, trade
    union or any other body of persons, incorporated or
    unincorporated, outside Malaysia to which the society is
    in any way associated or affiliated;
    (db) the description of any money or property, any pecuniary
    benefit or advantage received by the society from any
    person ordinarily resident outside Malaysia or an
    organization, authority, government, or agency of any
    government, outside Malaysia; and
    (e) such other information as the Registrar may from time
    to time require.
    Source: Section 14 (1), Societies Act, 2006

48. Do political parties have to report on their election campaign finances?
  • CodeNo
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49. Do candidates have to report on their election campaign finances?
  • CodeYes
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    23. (1) Within thirty-one days after the date of publication of
    the result of an election in the Gazette every candidate at that
    election or his election agent shall deposit with the State Elections
    Officer a true return, in this Act referred to as the “return
    respecting election expenses,” in Form B in the First Schedule,
    containing detailed statements as respects that candidate of—
    Source: Section 23 (1), Election Offences Act, 2006

50. Do third parties have to report on election campaign finances?
  • CodeNo
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51. Is information in reports from political parties and/or candidates to be made public?
  • CodeNo
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52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
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    23. (1) Within thirty-one days after the date of publication of
    the result of an election in the Gazette every candidate at that
    election or his election agent shall deposit with the State Elections
    Officer a true return, in this Act referred to as the “return
    respecting election expenses,” in Form B in the First Schedule,
    containing detailed statements as respects that candidate of—
    (a) (Deleted by Act A5);
    (b) (Deleted by Act A5);
    (c) the disputed claims so far as the candidate or his election
    agent is aware;
    (d) all unpaid claims, if any, of which the candidate or his
    election agent is aware in respect of which application
    has been made or is about to be made to an Election
    Judge or Judge of the High Court;
    (e) all money, securities and other valuable consideration
    received by or promised to the candidate or his election
    agent from or by any other candidate or person for the
    purpose of expenses incurred or to be incurred on
    account or in respect of the management of the election,
    naming every person from whom the sum may have been
    received or by whom such sum may have been promised,
    showing as to each sum whether it was received as
    contribution, loan, deposit or otherwise;
    (f) the amount of expenses, if any, incurred by any person
    authorized by the candidate or his election agent under
    subsection 15A(1).
    (2) The return respecting election expenses shall be signed by
    the candidate or his election agent and shall be accompanied by a
    statement made by the candidate and his election agent, which
    shall be respectively in Forms C and D in the First Schedule and
    shall be on oath before the Chairman or a member of the Election
    Commission, a Magistrate, a Justice of the Peace, a Commissioner
    for Oaths, or the State Elections Officer:
    Provided that where the candidate has named himself as
    election agent under subsection 12(2) such statement shall be
    made only in Form C of the First Schedule.
    (3) If the said return and statements are not transmitted before
    the expiration of the time limited for the purpose, the candidate
    shall not after the expiration of such time sit or vote until either
    such return and statements have been transmitted or until the date
    of the allowance of such authorized excuse for failure to transmit
    the same as in this Act mentioned and if he sits or votes in
    contravention of this Act, he shall be liable on conviction, to a
    penalty of one thousand ringgit for every day on which he so sits
    or votes.
    (4) If any candidate or election agent fails to comply with the
    requirements of subsection (1) or (2) he shall be guilty of an
    illegal practice and this section shall be in addition to and not in
    derogation of section 11.
    Source: Section 23, Election Offences Act, 2006

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
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    23. (1) Within thirty-one days after the date of publication of
    the result of an election in the Gazette every candidate at that
    election or his election agent shall deposit with the State Elections
    Officer a true return, in this Act referred to as the “return
    respecting election expenses,” in Form B in the First Schedule,
    containing detailed statements as respects that candidate of—
    (a) (Deleted by Act A5);
    (b) (Deleted by Act A5);
    (c) the disputed claims so far as the candidate or his election
    agent is aware;
    (d) all unpaid claims, if any, of which the candidate or his
    election agent is aware in respect of which application
    has been made or is about to be made to an Election
    Judge or Judge of the High Court;
    (e) all money, securities and other valuable consideration
    received by or promised to the candidate or his election
    agent from or by any other candidate or person for the
    purpose of expenses incurred or to be incurred on
    account or in respect of the management of the election,
    naming every person from whom the sum may have been
    received or by whom such sum may have been promised,
    showing as to each sum whether it was received as
    contribution, loan, deposit or otherwise;
    (f) the amount of expenses, if any, incurred by any person
    authorized by the candidate or his election agent under
    subsection 15A(1).
    (2) The return respecting election expenses shall be signed by
    the candidate or his election agent and shall be accompanied by a
    statement made by the candidate and his election agent, which
    shall be respectively in Forms C and D in the First Schedule and
    shall be on oath before the Chairman or a member of the Election
    Commission, a Magistrate, a Justice of the Peace, a Commissioner
    for Oaths, or the State Elections Officer:
    Provided that where the candidate has named himself as
    election agent under subsection 12(2) such statement shall be
    made only in Form C of the First Schedule.
    (3) If the said return and statements are not transmitted before
    the expiration of the time limited for the purpose, the candidate
    shall not after the expiration of such time sit or vote until either
    such return and statements have been transmitted or until the date
    of the allowance of such authorized excuse for failure to transmit
    the same as in this Act mentioned and if he sits or votes in
    contravention of this Act, he shall be liable on conviction, to a
    penalty of one thousand ringgit for every day on which he so sits
    or votes.
    (4) If any candidate or election agent fails to comply with the
    requirements of subsection (1) or (2) he shall be guilty of an
    illegal practice and this section shall be in addition to and not in
    derogation of section 11.
    Source: Section 23, Election Offences Act, 2006

54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNo
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    23. (1) Within thirty-one days after the date of publication of
    the result of an election in the Gazette every candidate at that
    election or his election agent shall deposit with the State Elections
    Officer a true return, in this Act referred to as the “return
    respecting election expenses,” in Form B in the First Schedule,
    containing detailed statements as respects that candidate of—
    (a) (Deleted by Act A5);
    (b) (Deleted by Act A5);
    (c) the disputed claims so far as the candidate or his election
    agent is aware;
    (d) all unpaid claims, if any, of which the candidate or his
    election agent is aware in respect of which application
    has been made or is about to be made to an Election
    Judge or Judge of the High Court;
    (e) all money, securities and other valuable consideration
    received by or promised to the candidate or his election
    agent from or by any other candidate or person for the
    purpose of expenses incurred or to be incurred on
    account or in respect of the management of the election,
    naming every person from whom the sum may have been
    received or by whom such sum may have been promised,
    showing as to each sum whether it was received as
    contribution, loan, deposit or otherwise;
    (f) the amount of expenses, if any, incurred by any person
    authorized by the candidate or his election agent under
    subsection 15A(1).
    (2) The return respecting election expenses shall be signed by
    the candidate or his election agent and shall be accompanied by a
    statement made by the candidate and his election agent, which
    shall be respectively in Forms C and D in the First Schedule and
    shall be on oath before the Chairman or a member of the Election
    Commission, a Magistrate, a Justice of the Peace, a Commissioner
    for Oaths, or the State Elections Officer:
    Provided that where the candidate has named himself as
    election agent under subsection 12(2) such statement shall be
    made only in Form C of the First Schedule.
    (3) If the said return and statements are not transmitted before
    the expiration of the time limited for the purpose, the candidate
    shall not after the expiration of such time sit or vote until either
    such return and statements have been transmitted or until the date
    of the allowance of such authorized excuse for failure to transmit
    the same as in this Act mentioned and if he sits or votes in
    contravention of this Act, he shall be liable on conviction, to a
    penalty of one thousand ringgit for every day on which he so sits
    or votes.
    (4) If any candidate or election agent fails to comply with the
    requirements of subsection (1) or (2) he shall be guilty of an
    illegal practice and this section shall be in addition to and not in
    derogation of section 11.
    Source: Section 23, Election Offences Act, 2006

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB | Special institution | Court
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    14. (1) Every registered society shall, within sixty days after the
    holding of its annual general meeting or if no annual general
    meeting is held, within sixty days after the end of each calendar
    year, forward to the Registrar—
    (a) a true and complete copy of any amendments to the rules
    of such society made since the date of registration or of
    the last return;
    (b) a true and complete list of office-bearers and the number
    of members of such society residing in Malaysia or present
    therein at the date of such return or, if such society has
    no office-bearers residing or present in Malaysia, the
    name, address and occupation of the person in Malaysia
    authorized to act for or on behalf of the society, and the
    number of members as aforesaid together with a true and
    complete list of the office-bearers of all the branches (if
    any) of the society;
    (c) the address of the society or of the place of business of
    the society;
    (d) the accounts of the last financial year of the society,
    together with a balance sheet showing the financial position
    at the close of the last financial year of the society;
    (da) the name and address of any society, association, trade
    union or any other body of persons, incorporated or
    unincorporated, outside Malaysia to which the society is
    in any way associated or affiliated;
    (db) the description of any money or property, any pecuniary
    benefit or advantage received by the society from any
    person ordinarily resident outside Malaysia or an
    organization, authority, government, or agency of any
    government, outside Malaysia; and
    (e) such other information as the Registrar may from time
    to time require.
    Source: Section 14 (1), Societies Act, 2006

    23. (1) Within thirty-one days after the date of publication of
    the result of an election in the Gazette every candidate at that
    election or his election agent shall deposit with the State Elections
    Officer a true return, in this Act referred to as the “return
    respecting election expenses,” in Form B in the First Schedule,
    containing detailed statements as respects that candidate of—
    (a) (Deleted by Act A5);
    (b) (Deleted by Act A5);
    (c) the disputed claims so far as the candidate or his election
    agent is aware;
    (d) all unpaid claims, if any, of which the candidate or his
    election agent is aware in respect of which application
    has been made or is about to be made to an Election
    Judge or Judge of the High Court;
    (e) all money, securities and other valuable consideration
    received by or promised to the candidate or his election
    agent from or by any other candidate or person for the
    purpose of expenses incurred or to be incurred on
    account or in respect of the management of the election,
    naming every person from whom the sum may have been
    received or by whom such sum may have been promised,
    showing as to each sum whether it was received as
    contribution, loan, deposit or otherwise;
    (f) the amount of expenses, if any, incurred by any person
    authorized by the candidate or his election agent under
    subsection 15A(1).
    (2) The return respecting election expenses shall be signed by
    the candidate or his election agent and shall be accompanied by a
    statement made by the candidate and his election agent, which
    shall be respectively in Forms C and D in the First Schedule and
    shall be on oath before the Chairman or a member of the Election
    Commission, a Magistrate, a Justice of the Peace, a Commissioner
    for Oaths, or the State Elections Officer:
    Provided that where the candidate has named himself as
    election agent under subsection 12(2) such statement shall be
    made only in Form C of the First Schedule.
    (3) If the said return and statements are not transmitted before
    the expiration of the time limited for the purpose, the candidate
    shall not after the expiration of such time sit or vote until either
    such return and statements have been transmitted or until the date
    of the allowance of such authorized excuse for failure to transmit
    the same as in this Act mentioned and if he sits or votes in
    contravention of this Act, he shall be liable on conviction, to a
    penalty of one thousand ringgit for every day on which he so sits
    or votes.
    (4) If any candidate or election agent fails to comply with the
    requirements of subsection (1) or (2) he shall be guilty of an
    illegal practice and this section shall be in addition to and not in
    derogation of section 11.
    Source: Section 23, Election Offences Act, 2006

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, institution for this purpose
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    8. It shall be the duty of the Director General and the officers
    of the Agency to—
    (a) receive and consider any report of the commission of an
    offence under this Act and investigate such of the reports
    as the Director General or officers consider practicable;
    (b) detect and investigate—
    (i) any suspected offence under this Act;
    (ii) any suspected attempt to commit any offence under
    this Act; and
    (iii) any suspected conspiracy to commit any offence
    under this Act;
    (c) examine the practices, systems and procedures of public
    bodies in order to facilitate the discovery of offences
    under this Act and to secure the revision of such practices,
    systems or procedures as in the opinion of the Director
    General may be conducive to corruption;
    (d) instruct, advise and assist any person, on the latter’s
    request, on ways in which corruption may be eliminated
    by such person;
    (e) advise heads of public bodies of any changes in practices,
    systems or procedures compatible with the effective
    discharge of the duties of the public bodies as the Director
    General thinks necessary to reduce the likelihood of the
    occurrence of corruption;
    (f) educate the public against corruption; and
    (g) enlist and foster public support in combating corruption.
    Source: Section 8, Anti-Corruption Act, 2006

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Request additional information from others
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    21. (3) Where an officer of the Agency has reason to suspect the
    commission of an offence under this Act following a report made
    under subsection (1) or information otherwise received by him, he
    shall cause investigation to be made and for such purpose may
    exercise all the powers of investigation provided for under this Act
    and the Criminal Procedure Code.

    22. (1) An officer of the Agency investigating an offence under
    this Act may—
    (a) order any person to attend before him for the purpose of
    being examined orally in relation to any matter which
    may, in his opinion, assist in the investigation into the
    offence;
    (b) order any person to produce before him any book, document
    or any certified copy thereof, or any other article which
    may, in his opinion, 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 therein
    all such information which may be required under the
    notice, being information which, in such officer’s opinion,
    would be of assistance in the investigation into the offence.

    50. A prosecution for an offence under this Act shall not be
    instituted except by or with the consent of the Public Prosecutor.

    Source: Sections 21 (3), 22 (1), and 50, Anti-Corruption Act, 2006

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Forfeiture | Deregistration of party | Loss of nomination of candidate | Loss of elected office
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    11. (2) Every person who is convicted of a corrupt practice shall,
    subject to any specific provision to the contrary in any written
    law relating to any election, by conviction become incapable of
    being registered or listed as an elector or of voting at any election
    or of being elected at any election, and if at that date he has been
    elected at any election, his seat shall be vacated from the date of
    such conviction:
    Provided that such disability shall cease on the expiry of five
    years from such conviction.
    Source: Section 11 (2), Election Offences Act, 2006

    13. (1) Subject to subsection (2), the Registrar may, in the following
    cases, cancel the registration of any society registered under
    section 7—
    (a) upon its dissolution by the society to be verified in such
    manner as the Registrar may require or upon dissolution
    by the Registrar in accordance with this Act;
    (b) on the order made by the Minister under section 5;
    (c) if the Registrar is satisfied—
    (i) that the registration was effected as the result of a
    fraud or a mistake or misrepresentation in any
    material particular;
    (ii) that the society is likely to be used for unlawful
    purposes or for purposes prejudicial to or
    incompatible with peace, welfare, good order or
    morality in Malaysia;
    (iii) that the society is pursuing objects other than the
    objects with which the society is registered;
    (iv) that the society has wilfully contravened any
    provision of this Act or of any regulation made
    thereunder or of any of its rules or that any members
    of the society have habitually contravened the
    provision of subsection 4(1) of the Sedition Act
    1948 [Act 15] by any acts or utterances to which
    paragraph 3(1)(f) of that Act applies;
    (v) that the society has ceased to exist;
    (vi) that the society has failed to comply with an order
    made by him under section 13A;
    (vii) that the society has failed to comply with the
    provisions of section 2A;
    (viii) that the society has contravened the provisions of
    section 52; or
    (ix) that the society has failed to comply with the notice
    served by him under subsection 16(1); and
    (d) upon the society becoming unlawful under subsection
    14(7) for failure to furnish written information.
    Source: Section 13 (1), Societies Act, 2006

    11. (1) Every person who—
    (a) commits the offence of personation, or aids, abets,
    counsels or procures the commission of the offence of
    personation;
    (b) commits the offence of treating, undue influence or
    bribery;
    (c) prints, publishes, distributes or posts up or causes to be
    printed, published, distributed or posted up any
    advertisement, handbill, placard or poster which refers
    to any election and which does not bear upon its face the
    names and addresses of its printer and publisher;
    (d) makes or publishes, before or during any election, for the
    purpose of affecting the return of any candidate, any
    false statement of fact in relation to the personal
    character or conduct of such candidate;
    (e) makes or publishes, before or during any election, for the
    purpose of promoting or procuring the election of any
    candidate, any false statement of the withdrawal of any
    other candidate at such election; or
    (f) being a candidate or election agent knowingly makes the
    declaration as to election expenses required by section
    23 falsely,
    shall be guilty of a corrupt practice, and shall, on conviction by a
    Sessions Court, be liable, in the case referred to in paragraphs (a)
    and (b), to imprisonment for a term not exceeding two years and
    to a fine of not less than one thousand ringgit and not more than
    five thousand ringgit, and, in any other case, to imprisonment for
    a term not exceeding one year and to a fine not exceeding two
    thousand ringgit. Offences under paragraphs (a) and (b) shall be
    seizable offences within the meaning of the Criminal Procedure
    Code.
    Source: Section 11 (1), Election Offences Act, 2006

    16. Any person who is found guilty of an offence under section
    10, 11, 13, 14 or 15 shall on conviction be liable to—
    (a) imprisonment for a term of not less than fourteen days
    and not more than 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.
    Source: Section 16, Anti-Corruption Act, 2006

    36. (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—
    Source: Section 36 (1), Anti-Corruption Act, 2006

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