MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009

1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Malaysian Anti-corruption commission Act 2009 .

(2) This Act comes into operation on 1 January 2009.

2 PART I PRELIMINARY-2. Principal objects of Act.

The principal objects of this Act are:

(a) to promote the integrity and accountability of public and private sector administration by constituting an independent and accountable anti-corruption body; and

(b) to educate public authorities, public officials and members of the public about corruption and its detrimental effects on public and private sector administration and on the community.

3 PART I PRELIMINARY-3. Interpretation.

In this Act, unless the context otherwise requires:

"member of a state Legislative Assembly" includes an officer of a public body who is a member of a state Executive council by virtue of his office;

"member of the administration" has the meaning assigned to it in clause (2) of Article 160 of the Federal constitution;

"public body" includes:

(a) the Government of Malaysia;

(b) the Government of a state;

(c) any local authority and any other statutory authority;

(d) any department, service or undertaking of the Government of Malaysia, the Government of a state, or a local authority;

(e) any society registered under subsection 7(1) of the societies Act 1966 [Act 335] ;

(f) any bran
4 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-4. Establishment Of The Malaysian Anti-Corruption Commission.

The Malaysian Anti-corruption commission is established.

5 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-5. Chief Commissioner.

(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a chief commissioner of the Malaysian Anti-corruption commission for such period and on such terms and conditions as may be specified in the instrument of appointment.

(2) Where the chief commissioner is appointed from among members of the public services, the period of appointment of the chief commissioner shall not extend beyond the date of his compulsory retirement from the public service, but where he so attains the age of compulsory retirement he may be reappointed as chief commissioner by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.

(3) The chief commissioner shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the
Legal Commentary on Malaysian Anti-Corruption Commission Act 2009 - Section 5
Introduction
The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) was enacted to establish a robust framework for combating corruption in Malaysia. Section 5 specifically addresses the establishment of the Malaysian Anti-Corruption Commission (MACC), which plays a pivotal role in the enforcement of anti-corruption laws.
What Section 5 Says
Section 5 of the MACC Act outlines the establishment of the Malaysian Anti-Corruption Commission, detailing its composition, powers, and functions. It mandates the appointment of a Chief Commissioner and other officers to oversee the commission's operations.
Essential Ingredients
Establishment: The MACC is formally established under this section.
Appointment: The Chief Commissioner is appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.
Functions: The section delineates the functions and powers of the MACC in combating corruption.
Scope of Section
The scope of Section 5 encompasses the organizational structure of the MACC, including the appointment of its leadership and the framework within which it operates. It serves as the foundation for the commission's authority to investigate and prosecute corruption-related offenses.
Punishment for Section
While Section 5 itself does not prescribe specific punishments, it lays the groundwork for the MACC's enforcement capabilities, which include investigating and prosecuting corruption offenses as defined in other sections of the MACC Act.
Legal Comments
Establishment - Section 5 establishes the MACC as a key institution in Malaysia's fight against corruption. - [Source Reference]
Chief Commissioner - The Chief Commissioner is appointed by the Yang di-Pertuan Agong, ensuring a level of governmental oversight. - [Source Reference]
Government Agency - The MACC operates as a government agency tasked with investigating and prosecuting corruption. - [Source Reference]
Functions - The MACC's functions are deeply rooted in the principles of eradicating corruption and abuse of power. - [Source Reference]
Legal Framework - Section 5 is part of a broader legal framework aimed at preventing corruption in Malaysia. - [Source Reference]
Anti-Corruption Role - The MACC plays a critical role in maintaining integrity within public service and governance. - [Source Reference]
Public Trust - The establishment of the MACC aims to enhance public trust in government institutions by addressing corruption. - [Source Reference]
Investigative Powers - The MACC is empowered to conduct investigations into corruption offenses, which is crucial for enforcement. - [Source Reference]
Prosecution Authority - The MACC has the authority to prosecute individuals and entities involved in corrupt practices. - [Source Reference]
Collaboration - The MACC collaborates with other agencies to strengthen anti-corruption efforts across sectors. - [Source Reference]
Public Awareness - The MACC also engages in public awareness campaigns to educate citizens about corruption and its consequences. - [Source Reference]
International Standards - The MACC aligns its operations with international anti-corruption standards to enhance its effectiveness. - [Source Reference]
Accountability - The establishment of the MACC promotes accountability within public offices and reduces opportunities for corruption. - [Source Reference]
Legislative Support - Section 5 is supported by various other provisions in the MACC Act that define corruption offenses and penalties. - [Source Reference]
Preventive Measures - The MACC is tasked with implementing preventive measures to curb corruption before it occurs. - [Source Reference]
Judicial Cooperation - The MACC works with the judiciary to ensure that corruption cases are handled effectively and justly. - [Source Reference]
Corporate Liability - The MACC's framework includes provisions for corporate liability, enhancing accountability in the private sector. - [Source Reference]
Public Sector Focus - The MACC primarily focuses on corruption within the public sector, which is critical for governance. - [Source Reference]
Resource Allocation - Adequate resources and support are essential for the MACC to fulfill its mandate effectively. - [Source Reference]
Continuous Improvement - The MACC is encouraged to continuously improve its strategies and operations in response to evolving corruption challenges. - [Source Reference]
6 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-6. Appointment of other officers of the Commission.

(1) There shall be appointed such number of Deputy chief commissioners, commissioners, Deputy commissioners, chief senior Assistant commissioners, senior Assistant commissioners , Assistant commissioners, senior superintendents, superintendents, chief senior Assistant superintendents, senior Assistant superintendents and Assistant superintendents of the commission as may be necessary for the purpose of carrying into effect the provisions of this Act.

(2) There shall be appointed such number of junior officers of the commission as may be necessary to assist the commission in carrying into effect the provisions of this Act.

(3) All officers and junior officers of the commission shall be members of the general public service of the Federation.

(4) Every officer and junior officer of the commission shall have such powers as may be provided for him under this Act and shall be subject to the direction, control and supervision of the c
7 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-7. Functions of officers of the Commission.

The officers of the commission shall have the following functions:

(a) to receive and consider any report of the commission of an offence under this Act and investigate such of the reports as the chief commissioner or the officers consider practicable;

(b) to 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) to 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 chief commissioner may be conducive to corruption;

(d) to instruct, advise and assist any person, on the latter's request, on ways in which cor
8 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-8. Production of authority card.

Every officer and junior officer of the commission when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information the authority card issued to him under this Act.

9 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-9. Officer deemed to be always on duty.

Every officer of the commission shall, for the purposes of this Act, be deemed to be always on duty when required to perform his duties or functions and may perform the duties or functions and exercise the powers conferred on him under this Act or under any other written law at any place within or outside Malaysia.

10 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-10. Powers of officers of the Commission.

(1) In addition, and without prejudice, to the powers, duties and functions conferred under this Act:

(a) an officer of the commission shall have, for the purposes of this Act, all the powers and immunities of a police officer appointed under the Police Act 1967 [Act 344] ; and

(b) a junior officer of the commission shall have, for the purposes of this Act, all the powers and immunities of a prison officer of the rank of sergeant and below under the Prison Act 1995 [Act 537] when escorting and guarding persons in custody of the commission and those of a police officer of the rank of sergeant and below appointed under the Police Act 1967.

(2) Without prejudice to the generality of subsection (1):

(a) an officer of the commission of the rank of superintendent and above shall have all the powers of a police officer of the rank of Assistant s
11 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-11. Duties of officers of the Commission.

(1) it shall be the duty of the chief commissioner and the officers of the commission to carry out their functions as specified in section 7.

(2) The chief commissioner shall make an annual report on the activities of the commission to the special committee on corruption.

12 PART II THE MALAYSIAN ANTI-CORRUPTION COMMISSION-12. Standing orders.

The chief commissioner may issue administrative orders to be called "standing Orders", not inconsistent with the provisions of this Act, on the general control, training, duties and responsibilities of officers and junior officers of the commission, and for such other matters as may be necessary or expedient for the good administration of the commission or for the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the commission.

13 PART III PROVISIONS ON ADVISORY BOARD, SPECIAL COMMITTEE AND COMPLAINTS COMMITTEE-13. Anti-Corruption Advisory board.

(1) The commission shall be advised by an advisory board to be known as the Anti-corruption Advisory Board.

(2) The Advisory Board shall consist of:

(a) at least seven members who shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister; and

(b) the chief commissioner as ex-officio member.

(3) The members appointed by the Yang di-Pertuan Agong shall be persons of integrity who have rendered distinguished public service or have achieved distinction in the professions.

(4) The term of office of members appointed by the Yang di-Pertuan Agong shall be three years and such member shall not hold office for more than two terms either continuously or otherwise.

(5) The Advisory Board shall have the following functions:

(a) to advise the commission on any aspect of the corruption problem in Malaysia;

14 PART III PROVISIONS ON ADVISORY BOARD, SPECIAL COMMITTEE AND COMPLAINTS COMMITTEE-14. Special Committee on Corruption.

(1) There shall be a committee to be known as the special committee on corruption which shall have the following functions:

(a) to advise the Prime Minister on any aspect of the corruption problem in Malaysia;

(b) to examine the annual report of the commission;

(c) to examine the comments of the Anti-corruption Advisory Board as to the exercise by the commission of its functions under this Act; and

(d) to seek clarifications and explanations on the annual report of the commission and the comments of the Anti-corruption Advisory Board.

(2) The special committee shall consist of seven members, to be appointed by the Yang di-Pertuan Agong, who shall be drawn both from the members of the senate and the House of Representatives, none of whom shall be a member of the administration.

(3) The members to be appointed under subsection (2) shall be the m
15 PART III PROVISIONS ON ADVISORY BOARD, SPECIAL COMMITTEE AND COMPLAINTS COMMITTEE-15. Complaints Committee.

(1) There shall be a complaints committee which shall have the following functions:

(a) to monitor the handling by the commission of complaints of misconduct which is non-criminal in nature against officers of the commission; and

(b) to identify any weaknesses in the work procedures of the commission which might lead to complaints and where it considers appropriate to make such recommendations as to the work procedures of the commission as it deems fit.

(2) The Minister shall appoint not more than five persons, whom he deems fit and proper, to be members of the complaints committee.

16 PART IV OFFENCES AND PENALTIES-16. Offence of accepting gratification.

Any person who by himself, or by or in conjunction with any other person:

(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or

(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of:

(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or

(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,

commits an offence.

17 PART IV OFFENCES AND PENALTIES-17. Offence of giving or accepting gratification by agent.

A person commits an offence if:

(a) being an agent, he corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

(b) he corruptly gives or agrees to give or offers any gratification to any agent as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.

17A PART IV OFFENCES AND PENALTIES-17A. Offence by commercial organization.

(1) A commercial organization commits an offence if a person associated with the commercial organization corruptly gives, agrees to give, promises or offers to any person any gratification whether for the benefit of that person or another person with intent:

(a) to obtain or retain business for the commercial organization; or

(b) to obtain or retain an advantage in the conduct of business for the commercial organization.

(2) Any commercial organization who commits an offence under this section shall on conviction be liable to a fine of not less than ten 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 pecuniary nature, or one million ringgit, whichever is the higher, or to imprisonment for a term not exceeding twenty years or to both.

(3) Where an offence is committed by a comme
18 PART IV OFFENCES AND PENALTIES-18. Offence of intending to deceive principal by agent.

A person commits an offence if he gives to an agent, or being an agent he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal.

19 PART IV OFFENCES AND PENALTIES-19. Acceptor or giver of gratification to be guilty notwithstanding that purpose was not carried out or matter not in relation to principal's affairs or business.

(1) Where in any proceedings against any agent for any offence under paragraph 17 (a) it is proved that he corruptly solicited, accepted, obtained or agreed to accept or attempted to obtain any gratification having reason to believe or suspect that the gratification was solicited or offered as an inducement or a reward for his doing or forbearing to do any act or for showing or forbearing to show any favour or disfavour to any person in relation to his principal's affairs or business, he commits an offence under that paragraph notwithstanding that:

(a) he did not have the power, right or opportunity so to do, show or forbear;

(b) he accepted the gratification without intending so to do, show or forbear;

(c) he did not in fact so do, show or forbear; or

(d) the act, favour or disfavour was not in relation to his principal's affairs or business.

20 PART IV OFFENCES AND PENALTIES-20. Corruptly procuring withdrawal of tender.

A person:

(a) who, with intent to obtain from any public body a contract for performing any work, providing any service, doing anything, or supplying any article, material or substance, offers any gratification to any person who has made a tender for the contract, as an inducement or a reward for his withdrawing the tender; or

(b) who solicits or accepts any gratification as an inducement or a reward for his withdrawing a tender made by him for such contract,

commits an offence.

21 PART IV OFFENCES AND PENALTIES-21. Bribery Of Officer Of Public Body.

Any person who offers to an officer of any public body, or being an officer of any public body solicits or accepts, any gratification as an inducement or a reward for:

(a) the officer voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to the public body;

(b) the officer performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;

(c) the officer aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or

(d) the officer showing or forbearing to show any favour or disfavour in his capacity as such officer, commits an offence, notwithstanding that the officer did not have the power, right or opportunity so to do, show or forbear, or a
22 PART IV OFFENCES AND PENALTIES-22. Bribery of foreign public officials.

Any person who by himself, or by or in conjunction with any other person gives, promises or offers, or agrees to give or offer, to any foreign public official, or being a foreign public official, solicits, accepts or obtains, or agrees to accept or attempts to obtain, whether for the benefit of that foreign public official or of another person, any gratification as an inducement or reward for, or otherwise on account of:

(a) the foreign public official using his position to influence any act or decision of the foreign state or public international organization for which the official performs any official duties;

(b) the foreign public official performing, having done or forbone to do, or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any of his official duties; or

(c) the foreign public official aiding in procuring or pr
23 PART IV OFFENCES AND PENALTIES-23. Offence of using office or position for gratification.

(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.

(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)
24 PART IV OFFENCES AND PENALTIES-24. Penalty for offences under sections 16, 17, 18, 20, 21, 22 and 23.

(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

(b) a fine of not less than five times the sum or value of the false or erroneous or defective material particular, where such false or erroneous or defective material particular is capable of being valued, or of a pecuniary nature, or ten thousand ringgit, whichever is the h
25 PART IV OFFENCES AND PENALTIES-25. Duty to report bribery transactions.

(1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

(2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(3) Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and if known, the name of the person who solicited,
26 PART IV OFFENCES AND PENALTIES-26. Dealing with, using, holding, receiving or concealing gratification or advantage in relation to any offence.

Any person who, whether within or outside Malaysia, whether directly or indirectly, whether on behalf of himself or on behalf of any other person, enters into, or causes to be entered into, any dealing in relation to any property, or otherwise uses or causes to be used, or holds, receives, or conceals any property or any part thereof which was the subject matter of an offence under section 16, 17, 18, 20, 21, 22 or 23 commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

27 PART IV OFFENCES AND PENALTIES-27. Making of statement which is false or intended to mislead, etc ., to an officer of the Commission or the Public Prosecutor.

(1) Where any person makes or causes any other person to make to an officer of the commission or to the Public Prosecutor, in the course of such officer or Public Prosecutor exercising any power conferred by this Act, any statement which to the knowledge of the person making the statement, or causing the statement to be made:

(a) is false, or intended to mislead; or

(b) is not consistent with any other statement previously made by such person to any other person having authority or power under any law, or otherwise, to receive, or require to be made, such other statement regardless whether or not the person making the statement is under any legal or other obligation to tell the truth,

he commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(2) Where any person
28 PART IV OFFENCES AND PENALTIES-28. Attempts, preparations, abetments and criminal conspiracies punishable as offence.

(1) Any person who:

(a) attempts to commit any offence under this Act;

(b) does any act preparatory to or in furtherance of the commission of any offence under this Act; or

(c) abets or is engaged in a criminal conspiracy to commit any offence under this Act,

commits such offence and shall on conviction be liable to the punishment provided for such offence.

(2) Any provision of this Act which contains a reference to an offence under any specific provision of this Act shall be read as including a reference to an offence under subsection (1) in relation to the offence under that specific provision.

(3) Paragraph (1) (a) shall not apply where an attempt to do any act is expressly made an offence under this Act, and paragraph (1) (c) shall not apply to the case of an abetment of an offence as provided for under section 164 of the Penal code
29 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-29. Power to investigate reports and enquire into information.

(1) Every report relating to the commission of an offence under this Act may be made orally or in writing to an officer of the commission, and if made orally it shall be reduced into writing and read over to the person making the report; and every report, whether in writing or reduced into writing, shall be signed by the person making the report.

(2) Every report, whether in writing or reduced into writing, shall be entered in a book kept at the office of the commission and there shall be appended to such entry the date and hour on which such report was made.

(3) Where an officer of the commission 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 an investigation to be carried out and for such purpose may exercise all the powers of investigation provided for under this Act and the criminal Procedure code.

(4) A r
30 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-30. Power to examine persons.

(1) An officer of the commission 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, within the time specified by such officer, any book, document, records, accounts or computerized data, or any certified copy thereof, or any other article which may, in his opinion, assist in the investigation into the offence;

(c) by written notice order 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, within the time specified by such officer; and

(d) order
31 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-31. Power of search and seizure.

(1) Whenever it appears to the Public Prosecutor or an officer of the commission of the rank of chief senior Assistant commissioner or above as authorized by the Public Prosecutor upon information, and after such inquiry as he thinks necessary, that there is reasonable cause to suspect that in any place there is any evidence of the commission of an offence under this Act, he may by written order direct an officer of the commission to:

(a) enter any premises and there search for, seize and take possession of, any book, document, record, account or data, or other article;

(b) inspect, make copies of, or take extracts from, any book, document, record, account or data;

(c) search any person who is in or on such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any article found on suc
32 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-32. Translation.

(1) Where an officer of the commission finds, seizes, detains or takes possession of any book, document or record in the exercise of any power under this Act, and such book, document or record or any part thereof is in a language other than the national language or the English language, or in any sign or code, the officer may require the person who had possession, custody or control of such book, document or record to furnish to the officer a translation in the national language of such book, document or record within such period as, in the opinion of the officer, would be reasonable having regard to the length of the book, document or record, or other circumstances relating to it.

(2) No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful and true translation, or knowingly make a translation under that subsection which is not accurate, faithful and true.

(3) Where the person required to
33 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-33. Seizure of movable property.

(1) in the course of an investigation into an offence under this Act any movable property which any officer of the commission of the rank of Assistant superintendent or above has reasonable grounds to suspect to be the subject matter of an offence or evidence relating to the offence shall be liable to seizure.

(2) A list of all movable property seized pursuant to subsection (1) and of the places in which they are respectively found shall be prepared by the officer of the commission effecting the seizure and signed by him.

(3) A copy of the list referred to in subsection (2) shall be served on the owner of such property or on the person from whom the property was seized as soon as possible.

(4) Where any movable property liable to seizure under subsection (2) is in the possession, custody or control of a financial institution, subsections (1), (2) and (3) shall not apply and the provisions of section 37 shall apply thereto.
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34 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-34. Further provisions relating to seizure of movable property.

(1) Where any movable property is seized under this Act, the seizure shall be effected by removing the movable property from the possession, custody or control of the person from whom it is seized and placing it under the custody of such person or authority and at such place as an officer of the commission of the rank of Assistant superintendent or above may determine.

(2) Where it is not practicable, or it is otherwise not desirable, to effect removal of any property under subsection (1), the officer referred to in that subsection may leave it at the premises in which it is seized under the custody of such person as he may detail for the purpose.

(3) Notwithstanding subsection (1), when any movable property, including any movable property referred to in subsection (6), has been seized under this Act, an officer of the commission of the rank of superintendent or above, other than the officer who effected the seizure, may at his discreti
35 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-35. Investigation of share, purchase account, etc .

(1) Notwithstanding the provisions of any other written law or any rule of law, the Public Prosecutor or an officer of the Commission of the rank of Commissioner or above as authorized by the Public Prosecutor, if he is satisfied that it is necessary for the purpose of any investigation into an offence under this Act, may authorize in writing an officer of the Commission to exercise in relation to any financial institution specified in the authorization all the powers of investigation set out in subsection (2).

[Am. by Act A1567/2018]

(2) An officer of the Commission authorized under subsection (1) may, in relation to the financial institution in respect of which he is so authorized:

[Am. by Act A1567/2018]

(a) inspect and take copies of any banker's book, account or any document belonging to or in the possession, custody or control of the financial inst
36 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-36. Powers to obtain information.

(1) Notwithstanding any written law or rule of law to the contrary, an officer of the Commission of the rank of Commissioner and above, if he has reasonable ground to believe, based on the investigation carried out by an officer of the Commission, that any property is held or acquired by any person as a result of or in connection with an offence under this Act, may by written notice:

(a) require that person to furnish a statement in writing on oath or affirmation:

(i) identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;

(ii) identifying every property se
37 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-37. Order not to part with, deal in, movable property in bank, etc .

(1) Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a financial institution, he may, notwithstanding any other written law or rule of law, by order direct the financial institution not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied.

[Am. by Act A1567/2018]

(1A) An officer of the Commission shall forthwith notify Bank Negara Malaysia, the Securities Commission or the Labuan Financial Services Authority, as the case may be, of any order made under subsection (1).

[(1A) Ins. by Act A1567/2018]

(2) A financial insti
38 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-38. Seizure of immovable property.

(1) Where the Public Prosecutor is satisfied on information given to him by an officer of the commission that any immovable property is the subject matter of an offence under this Act or evidence of the commission of such offence, such property shall be liable to seizure and the seizure shall be effected:

(a) by the issue of a Notice of seizure by the Public Prosecutor setting out therein the particulars of the immovable property which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;

(b) by publishing a copy of such Notice in two newspapers circulating in Malaysia one of which shall be in the national language and the other in the English language; and

(c) by serving a copy of such Notice on the Land Administrator or the Registrar of Titles, as the case may be, in Peninsular Malaysia, or on the Registrar of Titles or
39 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-39. Prohibition of dealing with property outside Malaysia.

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.

40 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-40. Forfeiture of property upon prosecution for an offence.

(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

(ii) that no other person is entitled to the property as a purchaser in good faith for valuable consideration.

(2) Where the offence is proved against the accused but the property referred to in subsection (1) has been disposed of, or cannot be traced, the court shall order the accused to pay as a penalty a sum which is equivalent to the amount of the gratification or is, in the opinion of the court, the value
41 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-41. Forfeiture of property where there is no prosecution for an offence.

(1) Where in respect of any property seized under this Act there is no prosecution or conviction for an offence under this Act, the Public Prosecutor may, before the expiration of eighteen months from the date of the seizure, apply to a sessions court Judge for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an offence under this Act.

(2) The Judge to whom an application is made under subsection (1) shall cause to be published a notice in the Gazette calling upon any person who claims to have an interest in the property to attend before the court on a date specified in the notice, to show cause as to why the property should not be forfeited.

(3) Where the Judge to whom an application is made under subsection (1) is satisfied:

(a) that the property is the subject matter of or was used in the commission of an offence
41A PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-41A. Admissibility of documentary evidence.

Where any document or a copy of any document is obtained by the Commission under this Act, such document shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any other written law.

[Ins. by Act A1567/2018]

42 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-42. Dealing with property after seizure to be void.

(1) Where any property has been seized under this Act, and so long as such seizure remains in force, any dealing effected by any person or between any persons in respect of such property, except any dealing effected under this Act or by virtue of this Act by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia, or the Government of a state, or a local authority or other statutory authority, shall be void, and shall not be registered or otherwise given effect to by any person or authority.

(2) subsection (1) shall be in addition to and not in derogation of subsections 38(3) and (4).

(3) For so long as a seizure of any property under this Act remains in force, no action, suit or other proceeding of a civil nature shall be instituted, or if it is pending immediately before such seizure, be maintained or continued in any court or before any other authority in respect of the
43 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-43. Power to intercept communications.

(1) Notwithstanding the provisions of any other written law, the Public Prosecutor or an officer of the commission of the rank of commissioner or above as authorized by the Public Prosecutor, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act, may, on the application of an officer of the commission of the rank of superintendent or above, authorize any officer of the commission:

(a) to intercept, detain and open any postal article in the course of transmission by post;

(b) to intercept any message transmitted or received by any telecommunication; or

(c) to intercept, listen to and record any conversation by any telecommunication, and listen to the recording of the intercepted conversation.

(2) When any person is charged with an offence under this Act, any information obtaine
44 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-44. Surrender of travel documents.

(1) Notwithstanding any written law to the contrary, the Public Prosecutor or an officer of the commission of the rank of commissioner or above as authorized by the Public Prosecutor may, where he has grounds to believe that any person who is the subject of an investigation in respect of an offence under this Act suspected to have been committed by him is likely to leave Malaysia, by written notice require such person to surrender his certificate of identity, passport or exit permit, or any other travel document in his possession.

(2) A notice under subsection (1) shall be served personally on the person to whom it is addressed.

(3) A person on whom a notice under subsection (1) is served shall comply with such notice forthwith, failing which he may be arrested and taken before a Magistrate.

(4) Where a person is taken before a Magistrate under subsection (3), the Magistrate shall, unless such person complies with the notice und
45 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-45. Power to amend or revoke any order or notice under this Act.

(1) The Public Prosecutor or an officer of the commission as authorized by the Public Prosecutor may at any time amend or revoke any order or notice which has been made or given by him in exercise of any power conferred on the Public Prosecutor or the officer under this Act, but any such revocation shall not be a bar to any fresh order being made or notice being given in the exercise of such power or any other powers conferred on the Public Prosecutor or the officer under this Act, at any time thereafter, against any person to whom the earlier order or notice applied or in respect of any matter affected by the earlier order or notice.

(2) A revocation or an amendment of an order or notice under subsection (1) may contain provision in respect of any matter which is consequential, ancillary or incidental to such revocation or amendment.

46 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-46. Advocates and solicitors may be required to disclose information.

(1) Notwithstanding any other written law, a Judge of the High court may, on application being made to him in relation to an investigation into any offence under this Act, order an advocate and solicitor to disclose information available to him in respect of any transaction or dealing relating to any property which is liable to seizure under this Act.

(2) Nothing in subsection (1) shall require an advocate and solicitor to comply with any order under that subsection to the extent that such compliance would disclose any privileged information or communication which came to his knowledge for the purpose of any pending proceedings.

47 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-47. Legal obligation to give information.

Subject to such limitation as is provided under this Act, every person required by an officer of the commission or a police officer to give any information on any subject which it is such officer's duty to inquire into under this Act and which is in that person's power to give, shall be legally bound to give the information.

48 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-48. Obstruction of investigation and search.

Any person who:

(a) refuses any officer of the commission access to any premises, or fails to submit to a search by a person authorized to search him under this Act;

(b) assaults, obstructs, hinders or delays any officer of the commission in the execution of his duty under this Act;

(c) fails to comply with any lawful demand, notice, order or requirement of an officer of the commission in the execution of his duty under this Act;

(d) omits, refuses or neglects to give to an officer of the commission any information which may reasonably be required of him and which he is empowered to give;

(e) fails to produce to, or conceals or attempts to conceal from, an officer of the commission any book, document, or article, in relation to which such officer has reasonable grounds for suspecting that an offence under this Act has been or is being committed, or which i
49 PART V INVESTIGATION, SEARCH, SEIZURE AND ARREST-49. Offences under Act to be seizable offences and powers of officers of the Commission relating to investigations.

(1) Every offence under this Act shall be a seizable offence for the purposes of the criminal Procedure code.

(2) Every person arrested under subsection (1) may be released from custody:

(a) on his depositing such reasonable sum of money as an officer of the commission may require;

(b) on his executing a bond, with or without sureties, as an officer of the commission may require; or

(c) on his depositing such reasonable sum of money as an officer of the commission may require and his executing a bond, with or without sureties, as an officer of the commission may require.

(3) Any person who has been released from custody under subsection (2) may be arrested without warrant by any officer of the commission:

(a) if such officer has reasonable grounds for believing that any condition on or subject to which such person was released or
50 PART VI EVIDENCE-50. Presumption in certain offences.

(1) Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.

(2) Where in any proceedings against any person for an offence under section 161, 162, 163 or 164 of the Penal code, it is proved that such person has accepted or agreed to accept, or obtained or attempted to obtain any gratification, such person shal
51 PART VI EVIDENCE-51. Evidence of corroboration.

In any proceedings against any person for an offence under this Act, it may be proved that at or about the time of the alleged offence, or at any time thereafter, the accused, or any relative or associate of his:

(a) held any property for which he, or his relative or associate, as the case may be, is unable to give a satisfactory account as to how he came into its ownership, possession, custody or control; or

(b) had entered into any dealing for the acquisition of any property and he is unable to satisfactorily account for the consideration for which it is to be acquired,

and the evidence in relation thereto shall be presumed to corroborate any evidence relating to the commission of the offence.

52 PART VI EVIDENCE-52. Evidence of accomplice and agent provocateur .

(1) Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act:

(a) no witness shall be regarded as an accomplice by reason only of such witness having:

(i) accepted, received, obtained, solicited, agreed to accept or receive, or attempted to obtain any gratification from any person;

(ii) given, promised, offered or agreed to give any gratification; or

(iii) been in any manner concerned in the commission of such offence or having knowledge of the commission of the offence;

(b) no agent provocateur , whether he is an officer of the commission or not, shall be presumed to be unworthy of credit by reason only of his having attempted to commit, or to abet, having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, ab
53 PART VI EVIDENCE-53. Admissibility of statements by accused persons.

(1) in any trial or inquiry by a court into an offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of an investigation or not and whether or not wholly or partly in answer to question, by an accused person to or in the hearing of any officer of the commission, whether or not interpreted to him by any other officer of the commission or any other person, whether concerned or not in the arrest of that person, shall, notwithstanding any written law or rule of law to the contrary, be admissible at his trial in evidence and, if that person tenders himself as a witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

(2) No statement made under subsection (1) shall be admissible or used as provided for in that subsection if the making of the stateme
54 PART VI EVIDENCE-54. Admissibility of statements and documents of persons who are dead or cannot be traced, etc .

Notwithstanding any written law to the contrary, in any proceedings against any person for an offence under this Act:

(a) any statement made by any person to an officer of the commission in the course of an investigation under this Act; and

(b) any document, or copy of any document, seized from any person by an officer of the commission in the exercise of his powers under this Act or by virtue of his powers under this Act or by virtue of this Act,

shall be admissible in evidence in any proceedings under this Act before any court, where the person who made the statement or the document or the copy of the document is dead, or cannot be traced or found, or has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which appears to the court unreasonable.

55 PART VI EVIDENCE-55. Certificate of position or office held.

(1) A certificate issued by a principal or an officer on behalf of his principal shall be admissible in evidence in any proceedings against any person for any offence under this Act as prima facie proof that the person named in such certificate:

(a) held the position, office or capacity as specified in such certificate and for such period as so specified; and

(b) received the emoluments as specified in such certificate.

(2) A certificate issued under subsection (1) shall be prima facie proof that it was issued by the person purporting to issue it as principal or on behalf of the principal without proof of the signature of the person who issued such certificate and without proof of the authority of such person to issue it.

56 PART VI EVIDENCE-56. Admissibility of translation of documents.

(1) Where any document which is to be used in any proceedings against any person for an offence under this Act is in a language other than the national language or the English language, a translation of such document into the national language or the English language shall be admissible where the translation is accompanied by a certificate of the person who translated the document setting out that it is a true and faithful translation and the translation had been done by such person at the instance of the Public Prosecutor or an officer of the commission.

(2) subsection (1) shall apply to a document which is translated, regardless whether the document was made within or outside Malaysia, or whether the translation was done within or outside Malaysia, or whether possession of such document was obtained by the prosecution within or outside Malaysia.

57 PART VI EVIDENCE-57. Evidence of custom inadmissible.

In any civil or criminal proceedings under this Act, evidence shall not be admissible to show that any such gratification as is mentioned in this Act is customary in any profession, trade, vocation or calling or on a social occasion.

58 PART VII PROSECUTION AND TRIAL OF OFFENCES-58. Prosecution of offences.

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

59 PART VII PROSECUTION AND TRIAL OF OFFENCES-59. Jurisdiction of the Sessions Court.

Notwithstanding the provisions of the subordinate courts Act 1948 [ Act 92 ], a prosecution for an offence under this Act shall be commenced in the sessions court.

60 PART VII PROSECUTION AND TRIAL OF OFFENCES-60. Trial by High Court on a certificate by the Public Prosecutor.

(1) Notwithstanding the provision of section 417 of the criminal Procedure code and subject to subsection (5), the Public Prosecutor may in any particular case triable in the sessions court for an offence under this Act, issue a certificate specifying the High court in which the proceedings are to be instituted or transferred and requiring that the accused person be caused to appear or be produced before such High court.

(2) The power of the Public Prosecutor under subsection (1) shall be exercised by him personally.

(3) The certificate of the Public Prosecutor issued under subsection (1) shall be tendered to the sessions court whereupon the sessions court shall transfer the case to the High court specified in the certificate and cause the accused person to appear or be brought before such court as soon as may be practicable.

(4) When the accused person appears or is brought before the High court in accordance with subsection (3
61 PART VII PROSECUTION AND TRIAL OF OFFENCES-61. Joinder of offences.

Notwithstanding anything contained in section 164 of the criminal Procedure code, where a person is accused of more than one offence under this Act he may be charged with and tried at one trial for any number of such offences committed within the space of any length of time.

62 PART VII PROSECUTION AND TRIAL OF OFFENCES-62. Defence statement.

Once delivery of documents by the prosecution pursuant to section 51a of the criminal Procedure code has taken place, the accused shall, before commencement of the trial, deliver the following documents to the prosecution:

(a) a defence statement setting out in general terms the nature of the defence and the matters on which the accused takes issue with the prosecution, with reasons; and

(b) a copy of any document which would be tendered as part of the evidence for the defence.

63 PART VII PROSECUTION AND TRIAL OF OFFENCES-63. Examination of offenders.

(1) Whenever two or more persons are charged with an offence under this Act the court may, on an application in writing by the Public Prosecutor, require one or more of them to give evidence as a witness or witnesses for the prosecution.

(2) Any person referred to in subsection (1) who refuses to be sworn or to be affirmed to answer any lawful question shall be dealt with in the same manner as witnesses so refusing may by law be dealt with by the court.

(3) Every person required to give evidence under subsection (1) who, in the opinion of the court, makes a true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the seal of the court stating that he has made a true and full discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things.

(4) An application by
64 PART VIII GENERAL-64. Member of Special Committee not to be member of Advisory board, etc .

(1) A member of the special committee on corruption shall not be appointed a member of the Anti-corruption Advisory Board or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.

(2) A member of the Advisory Board shall not be appointed a member of the special committee on corruption or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise.

(3) A member of any committee established for the purposes of this Act, whether established under this Act, any regulations made under this Act or otherwise shall not be appointed a member of the special committee on corruption, a member of the Advisory Board or a member of any other committee established for the purposes of this Act, whether established under this Act, any regulations made un
65 PART VIII GENERAL-65. Protection of informers and information.

(1) subject to subsection (2), where any complaint made by an officer of the commission states that the complaint is made in consequence of information received by the officer making the complaint, the information referred to in the complaint and the identity of the person from whom such information is received shall be secret between the officer who made the complaint and the person who gave the information, and everything contained in such information, identity of the person who gave the information and all other circumstances relating to the information, including the place where it was given, shall not be disclosed or be ordered or required to be disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority.

(2) if any book, paper or other document, or any visual or sound recording, or other matter or material which is given in evidence or liable to inspection in any civil, criminal or other proceedings in
66 PART VIII GENERAL-66. Liability for offences outside Malaysia.

(1) The provisions of this Act shall, in relation to citizens and permanent residents of Malaysia, have effect outside as well as within Malaysia, and when an offence under this Act is committed in any place outside Malaysia by any citizen or permanent resident, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia.

(2) Any proceedings against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence, outside Malaysia.

67 PART VIII GENERAL-67. Application of provisions of this Act to a prescribed offence.

Notwithstanding any other written law to the contrary, the provisions of this Act shall apply to a prescribed offence regardless of whether the prosecution or any other proceedings in respect of such offence are instituted or taken by an officer of the commission, or a police officer or customs officer, or any other officer having powers to investigate, prosecute or take any proceedings in respect of such offence.

68 PART VIII GENERAL-68. General offence.

Any person who fails to comply with any provision of this Act or any order, direction or notice given by or on behalf of a court, the Public Prosecutor, or an officer of the commission in the exercise of his functions under this Act, commits an offence.

69 PART VIII GENERAL-69. General penalty.

Every person convicted of an offence under this Act for which no penalty is specifically provided shall be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

70 PART VIII GENERAL-70. Powers of police officers under this Act.

Nothing contained in this Act shall derogate from the powers of a police officer to investigate into any offence under this Act and to prosecute any person in respect of any such offence, so long as the provisions of this Act are complied with.

71 PART VIII GENERAL-71. Minister's power to make orders, regulations and rules and amend Schedule.

(1) The Minister may, from time to time, by order published in the Gazette , prescribe any society, union, organization or body to be a public body.

(2) The Minister may make regulations or rules for the further, better and more convenient carrying out of the provisions of this Act, and without prejudice to the generality of this provision, the Minister may make regulations or rules:

(a) relating to any board or committee established under this Act;

(b) providing for the form of any notice, order, declaration or other matter under this Act; and

(c) providing for the service or delivery of any notice, order, direction, instruction, requirement or other thing lawfully done under this Act.

(3) The Minister may, from time to time, by order published in the Gazette , amend the schedule.

72 PART VIII GENERAL-72. Immunity.

No action, suit, prosecution or other proceedings whatsoever shall lie or be brought, instituted, or maintained in any court or before any other authority against:

(a) the Government of Malaysia;

(b) any officer or employee of the Government of Malaysia or of the commission;

(c) any member of the Advisory Board or the special committee or any other committee established under or for the purposes of this Act; or

(d) any person lawfully acting on behalf of the Government of Malaysia, commission, officer or employee of the Government of Malaysia or commission,

for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance or in execution of, or intended pursuance or execution of this Act, or any order in writing, direction, instruction, not
73 PART IX REPEAL AND SAVING-73. Repeal.

The Anti-corruption Act 1997 is repealed.

74 PART IX REPEAL AND SAVING-74. Saving.

(1) Any act done or action taken prior to the commencement of this Act by an officer of the Anti-corruption Agency established under the Anti-corruption Act 1997 shall be deemed to have been done or taken under this Act and may accordingly be continued by the officer.

(2) Any order made under section 60 of the Anti-corruption Act 1997 and in force immediately before the commencement of this Act shall, upon the commencement of this Act, continue to remain in full force and may be revoked or amended in accordance with this Act.

(3) The provisions of this Act which relate solely to procedure or evidence shall apply to any offence against the law repealed under section 73 and such provisions may be used in the course of any pending investigations and in any court proceedings instituted before or after the commencement of this Act in respect of such offence.