Section 85
Electronic service
(1)
The Corporation may provide an electronic service for the service of any notice that is required or authorised by this Act to be served on any person.
(2)
The Corporation may use the electronic service to serve any notice on behalf of the Corporation.
(3)
For the purposes of the electronic service, the Corporation may assign to any person —
(a)
an authentication code; and
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(b)
an account with the electronic service.
(4)
Notwithstanding section 84, where any person has given his consent for any notice to be served on him through the electronic service, the
Corporation may serve the notice on that person by transmitting an electronic record of the notice to that person’s account with the electronic service.
(5)
Where a person has given his consent for a notice to be served on him through the electronic service, the notice is deemed to have been served at the time when an electronic record of the notice enters his account with the electronic service.
(6)
Notwithstanding any other written law, in any proceedings under this Act —
(a)
an electronic record of any notice that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record, shall be admissible as evidence of the facts stated or contained therein if that electronic record, copy or print-out —
(i)
is certified by the Corporation to contain all or any information served through the electronic service in accordance with this section; and
(ii)
is duly authenticated in the manner specified in subsection (8) or is otherwise authenticated in the manner provided in the Evidence Act (Chapter 108)
for the authentication of computer output.
(7)
For the avoidance of doubt —
(a)
an electronic record of any notice that was served, through the electronic service; or
(b)
any copy or print-out of that electronic record, shall not be inadmissible in evidence merely because the notice was served, without the delivery of any equivalent document or counterpart in paper form.
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(8)
For the purposes of this section, a certificate —
(a)
giving the particulars of —
(i)
any person whose authentication code was used to serve the notice; and
(ii)
any person or device involved in the production or transmission of the electronic record of the notice, or the copy or print-out thereof;
(b)
identifying the nature of the electronic record or copy or print-out thereof; and
(c)
purporting to be signed by the Corporation or by a person occupying a responsible position in relation to the operation of the electronic service at the relevant time, shall be sufficient evidence that the electronic record, copy or print-out has been duly authenticated, unless the court, in its discretion, calls for further evidence on this issue.
(9)
Where the electronic record of any notice, or a copy or print-out of that electronic record, is admissible under subsection (6), it shall be presumed, until the contrary is proved, that the electronic record, copy or print-out accurately reproduces the contents of that document.
(10)
Regulations may be made under section 86 which are necessary or expedient for carrying out the purposes of this section, including regulations prescribing the procedure for the use of the electronic service, including the procedure in circumstances where there is a breakdown or interruption of the electronic service.
Power to make regulations, rules, orders, by-laws, directives, guidelines circulars or notices 86.
(1)
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such regulations, rules or orders, by-laws, directives, guidelines, circulars or notices, as may be necessary or expedient for giving full effect to this Act, for carrying out or achieving the objects and purposes of this Act, or any provision thereof, or for the further, better or more convenient implementation of this Act.
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(2)
Any regulations, rules, orders, by-laws, directives, guidelines, circulars or notices made under this section may relate to all, or any class, category or description of persons and different provisions may be made for different persons, classes, categories or descriptions of person.
(3)
Without prejudice to the generality of subsection (1), such regulations, rules, orders, by-laws, directives, guidelines, circulars or notices may be made in respect of —
(a)
forms, including forms of notifications, notices and certificates, for the purposes of this Act;
(b)
the conduct, business and affairs of the Corporation;
(c)
deposits of a trustee, joint owner or a deposit of a business or professional practice under section 45;
(d)
the coverage of deposits and related matters to it on the following —
(i)
where a person has deposits with two or more member institutions that amalgamate and continue in operation as one member institution under section 46; or
(ii)
where such deposits are to be acquired by a person who is not a member institution under section 47;
(e)
the return to be payable based on the returns of a financing facility;
(f)
forms, method and procedures for compounding of offences; or
(g)
anything under this Act required to be made as regulations, rules, orders, by-laws, directives, guidelines, circulars or notices.