Section 3

provide for the appointment of officers and other persons to carry out any regulations made under this section and prescribe the power and duties of such officers;

notwithstanding any provision to the contrary in or under the Criminal Procedure Code [Act 593], the Evidence

Act 1950 [Act 56] or any other written law, provide for powers of search, seizure, arrest, erecting barriers in public places, investigation, and examination of persons (including the taking of statements and the calling for information from such persons), and further provide for the custody, forfeiture or release of anything seized under such regulations, the making of presumptions, the admissibility of facts and documents in court proceedings, and matters relating to informers;

The Control 7

provide for the establishment of such committees as may be desirable for the carrying out of any regulations made under this section and prescribe the powers and duties of such committees;

prescribe the method of assessing the productive capacity of tin mines;

prescribe in relation to the total quantity of tin and tin concentrates which may be exported from Malaysia under the Agreement the percentages which may be produced by different classes of producers;

provide for the issue of certificates of production and prescribe the persons and classes of persons to whom such certificates may be issued;

prescribe the amount of stocks of tin concentrates which may be held by producers of and dealers in tin concentrates;

define the conditions under which certificates of production may be held and used in common by groups of producers;

provide for the setting up of pools to facilitate dealings in quota and prescribe the conditions under which quota may be transferred to and from such pools and the manner in which the price of quota shall be determined for the purposes of purchase and sale from or to such pools where such purchase and sale is permitted;

regulate dealings in tin and tin concentrates;

regulate the export of tin and tin concentrates and prescribe the conditions under which and the places from which tin and tin concentrates may be exported;

prohibit or restrict the exercise of any right to cancel a mining sublease for specified breaches of condition directly resulting from the coming into force of any regulations made under this section;

prescribe the persons or classes of persons liable to contribute to the buffer stock and the nature, amount and rate of such contributions, and the method of collecting the same;

prescribe the circumstances in which loans may be made in respect of contributions to the buffer stock and the security for and the method of repayment of such loans;

prescribe the manner in which the proceeds of the liquidation of the buffer stock in accordance with part XI of the Agreement shall be distributed;

prescribe fees to be charged for anything to be done under any regulations made under this section;

provide for the forfeiture of tin and tin concentrates in respect of which an offence has been committed under any regulation under this section and any conveyance and goods used in the commission of such offence;

impose penalties (which may be in addition to any forfeiture) for the breach of or failure to comply with any regulation made under this section, provided that no such penalty shall exceed a fine of fifty thousand ringgit or ten times the value of the tin or tin concentrates, whichever is the greater and any such term of imprisonment not exceeding two years.