Digital Signature
25
Exemption from performance audit
21. (1) The Commission may exempt a licensed certification
authority from the requirements of section 20 if—
(a) the licensed certification authority requests in writing for
exemption;
(b) the most recent performance audit, if any, of the licensed
certification authority resulted in a finding of full or
substantial compliance with this Act; and
(c) the licensed certification authority declares under oath or
affirmation that one or more of the following is true with
respect to the licensed certification authority:
(i) the licensed certification authority has issued fewer
than six certificates during the past year and the
total of the recommended reliance limits of all such
certificates does not exceed twenty-five thousand
ringgit;
(ii) the aggregate lifetime of all certificates issued by
the licensed certification authority during the past
year is less than thirty days and the total of the
recommended reliance limits of all such certificates
does not exceed twenty-five thousand ringgit;
(iii) the recommended reliance limits of all certificates
outstanding an issued by the licensed certification
authority total less than two thousand five hundred
ringgit.
(2) Where the licensed certification authority’s declaration under
paragraph (1)(c) falsely states a material fact, the licensed certification
authority shall be deemed to have failed to comply with the
performance audit requirement under section 20.
(3) Where a licensed certification authority is exempted under
subsection (1), the Commission shall publish in the certification
authority disclosure record that it maintains for the licensed
certification authority concerned a statement that the licensed
certification authority is exempted from the performance audit
requirement under section 20.