PART II - THE COMMISSION AND THE LICENSING OF CERTIFICATION AUTHORITIES
Section 9. Revocation of licence.
(1) The Commission may revoke a licence granted under section 8 if it is satisfied that-
[Am. Act A1121:ss.2,7]
(a) the licensed certification authority has failed to comply with any obligation imposed upon it by or under this Act;
(b) the licensed certification authority has contravened any condition imposed under the licence, any provision of this Act or any other written law, regardless that there has been no prosecution for an offence in respect of such contravention;
(c) the licensed certification authority has, either in connection with the application for the licence or at any time after the grant of the licence, provided the Commission with false, misleading or inaccurate information or a document or declaration made by or on behalf of the licensed certification authority or by or on behalf of any person who is or is to be a director, commission or manager of the licensed certification authority which is false, misleading or inaccurate;
[Am. Act A1121:s.2]
(d) the licensed certification authority is carrying on its business in a manner which is prejudicial to the interest of the public or to the national economy;
(e) the licensed certification authority has insufficient assets to meet its liabilities;
(f) a winding up order has been made against the licensed certification authority or a resolution for its voluntary winding-up has been passed;
(g) the licensed certification authority or any of its officers holding a managerial or an executive position has been convicted of any offence involving dishonesty, fraud or moral turpitude;
(h) the licensed certification authority or its director, commission or manager has been convicted of any offence under this Act; or
[Am. Act A1121:s.2]
(i) the licensed certification authority has ceased to be a qualified certification authority.
(2) Before revoking a licence, the Commission shall give the licensed certification authority a notice in writing of its intention to do so and require the licensed certification authority to show cause within a period specified in the notice as to why the licence should not be revoked.
[Am. Act A1121:ss.2,7]
(3) Where the Commission decides to revoke the licence, it shall immediately inform the certification authority concerned of its decision by a notice in writing.
[Am. Act A1121:ss.2,7]
(4) The revocation of a licence shall take effect-
(a) where there is no appeal against such revocation, on the expiration of fourteen days from the date on which the notice of revocation is served on the licensed certification authority; or
(b) where there is an appeal against such revocation, when the revocation is confirmed by the Minister.
(5) Where an appeal has been made against the revocation of a licence, the certification authority whose licence has been so revoked shall not issue any certificates until the appeal has been disposed of and the revocation has been set aside by the Minister but nothing in this subsection shall prevent the certification authority from fulfilling its other obligations to its subscribers during such period.
(6) A person who contravenes subsection (5) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
(7) Where the revocation of a licence has taken effect, the Commission shall, as soon as practicable, cause such revocation to be published in the certification authority disclosure record that it maintains for the certification authority concerned and advertised in at least one national language and one English language national daily newspaper for at least three consecutive days.
[Am. Act A1121:ss.2,7]
(8) Any delay or failure in publishing or advertising such notice of revocation shall not in any manner affect the validity of the revocation.