Malaysia legislation
Section 26
Section 26
(Deleted by Act A776).
Part IVa
POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST,
ETC.
Appointment of enforcement officers 26a. The Director General may in writing appoint any number of enforcement officers as may be necessary for the purposes of this
Act.
Power of investigation 26b. (1) An enforcement officer shall have all the powers necessary to carry out an investigation under this Act.
(2)
For the purposes of subsection (1), the Criminal Procedure
Code [Act 593] shall apply and an enforcement officer shall have all the powers as provided for under the Code.
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Act 105
Authority card 26c. (1) The Director General shall issue to each enforcement officer appointed under section 26a an authority card which shall be signed by the Director General.
(2)
Whenever such enforcement officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).
Power to arrest 26d. (1) An enforcement officer may arrest without warrant any person—
(a)
found committing, attempting to commit or abetting the commission of an offence under this Act; or
(b)
whom the enforcement officer reasonably suspects of being engaged in committing, attempting to commit or abetting an offence under this Act.
(2)
An enforcement officer making an arrest under subsection (1)
shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in force.
Search and seizure with warrant 26e. (1) If it appears to the Court, upon written information on oath and after such enquiry as the Court considers necessary, that there is a reasonable cause to believe that—
(a)
any premises has been used or are about to be used for;
or
(b)
there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act, the Court may issue a warrant authorizing any enforcement officer named in the warrant, at any reasonable time, by day or by night and with or without assistance, to enter the premises and if need be by force.
Malaysian Timber Industry (Incorporation)
(2)
A warrant issued under subsection (1) may authorize the enforcement officer to—
(a)
search the premises for, and to seize or remove from the premises any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;
(b)
take samples of any timber, or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and
(c)
make copies of or take extracts from any book, record, document or other article found in the premises.
(3)
An enforcement officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
(4)
An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do—
(a)
break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b)
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section;
and
(c)
detain any person found in the premises until the search has been completed.
(5)
Where, by reason of its nature, size or amount, it is not practical to remove any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the enforcement officer shall, by any means, seal such timber, conveyance, machinery, contrivance, equipment, book, record, document or other article in the premises or container in which it is found.
(6)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes the timber, conveyance, machinery, contrivance, equipment, book, record, document or other article under seal or attempts to do so
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Act 105
shall be guilty of 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 two years or to both.
Search and seizure without warrant 26f. Whenever an enforcement officer has reasonable cause to believe that any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article in respect of which an offence under this Act has been committed is likely to be found in or on any premises, person or conveyance and that by reason of delay in obtaining a warrant under section 26e, the object of the search may be frustrated, he may, with the consent of the
Director General, without warrant, with such assistance and force as is necessary—
(a)
enter and search such premises;
(b)
stop and search such person, vehicle, vessel or conveyance;
and
(c)
seize any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article which may be found and may be evidence of the commission of such offence.
Power to enter premises 26g. Notwithstanding sections 26e and 26f, an enforcement officer may at any time enter any premises for the purpose of—
(a)
inspecting any timber, conveyance, machinery, contrivance, equipment, book, record, document or other article as he considers necessary;
(b)
verifying the accuracy of records or statements or any information given to an enforcement officer or to the
Board; or
(c)
collecting samples of any timber.
Malaysian Timber Industry (Incorporation)
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Access to computerized data 26h. (1) An enforcement officer conducting a search under this
Act shall be given access to computerized data whether stored in a computer or otherwise.
(2)
For the purpose of this section, access shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.
Seizure of thing, etc.