In forceUpdated to 2 Feb 2024Read it in Bahasa Malaysia

Contents

Control of Smoking Products for Public Health Act 2024 · Updated to 2 Feb 2024 · Part IX · Enforcement

33. Search and seizure without warrant

Where an authorized officer has reasonable cause to believe that any premises are used or may be used for the purpose of manufacturing, packaging, storage, delivery, distribution or sale of tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product, smoking substance or substitute tobacco product and by reason of delay in obtaining a search warrant under section 32—

(a)

the investigation would be adversely affected;

(b)

the object of the entry is likely to be frustrated;

(c)

the tobacco product, smoking substance or substitute tobacco product or imitation of any tobacco product smoking substance or substitute tobacco product, article or other thing sought may be removed or interfered with; or

(d)

the evidence sought may be tampered with or destroyed, the officer may enter the premises and exercise in respect of the premises, all the powers referred to in section 32 in as full and ample manner as if the officer were authorized to do so by a warrant issued under that section.

Control of Smoking Products For Public Health 33

Terms defined in s 2

authorized officer
Defined · s 2
“authorized officer” means any medical officer of health, or any environmental health officer or assistant environmental health officer of the Ministry of Health or of any local authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 24;
Open s 2
premises
Defined · s 2
“premises” includes— (a) any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith; or (b) any vehicle, conveyance, vessel or aircraft used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any tobacco product, smoking substance or substitute tobacco product;
Open s 2
sale
Defined · s 2
“sell” or “sale” includes— (a) barter or exchanging of goods; (b) offering or attempting to sell; (c) causing or allowing to be sold; (d) exposing for sale; (e) receiving, sending, conveying, distributing, transmitting or delivering for sale or exchange or by sale or exchange or in pursuance of such sale or exchange; Control of Smoking Products For Public Health 9 (f) supplying any tobacco product, smoking substance or substitute tobacco product where a reward is to be received by the supplier for such supply either specifically or as part of a service contracted for sale; (g) having in possession any tobacco product, smoking substance or substitute tobacco product for sale or exchange; or (h) having in possession any tobacco product, smoking substance or substitute tobacco product knowing that the tobacco product, smoking substance or substitute tobacco product may be sold, offered, displayed or exposed for sale, or disposed of, for any consideration, and this includes electronic sale;
Open s 2
smoking
Defined · s 2
“smoking” means inhaling and expelling the smoke or vapour, of any tobacco product or substitute tobacco product, and includes the holding of or control over any tobacco product or substitute tobacco product which is ignited, heated or vaporized or used in any other methods;
Open s 2
smoking substance
Defined · s 2
“smoking substance” means any substance or any combination of substances, used for smoking, including nicotine, propylene glycol, glycerol and triethylene glycol;
Open s 2
substitute tobacco product
Defined · s 2
“substitute tobacco product” means any product or processed product, other than a tobacco product, that is capable of being smoked, whether with or without smoking substance;
Open s 2
tobacco product
Defined · s 2
“tobacco product” means processed tobacco or any product that contains tobacco which is designed for human consumption;
Open s 2

Report

Read on from s 34

Part X

Trials and Proceedings

Read on from Part X

Part XI

General

Read on from Part XI

Part XII

Transitional

Read on from Part XII