Section 28 — AKTA MAJLIS PERUNDINGAN GAJI NEGARA 2011

(a)

any premises have 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,

22 Laws of Malaysia the commission of an offence under this Act, the Magistrate may issue a warrant authorizing an 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.

(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 book of account of wages, register, financial statement or other document that is reasonably believed to furnish evidence of the commission of the offence;

(b)

take samples of any book of account of wages, register, financial statement or other document found in the premises for the purposes of ascertaining, by examining or otherwise, whether the offence has been committed;

and

(c)

make copies of or take extracts from any book of account of wages, register, financial statement or other document found in the premises.

(3)

Any book of account of wages, register, financial statement or other document shall be admissible as evidence in any proceedings in court under this Act against the person or any other person.

(4)

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.

(5)

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;

National Wages Consultative Council 23

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and

(d)

detain any person found in the premises until the search has been completed.

(6)

Where, by reason of its nature, size or amount, it is not practical to remove any book of account of wages, register, financial statement or other document seized under this section, the enforcement officer shall, by any means, seal such book of account of wages, register, financial statement or other document in the premises or container in which it is found.

(7)

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes the book of account of wages, register, financial statement or other document under seal or attempts to do so commits an offence.

Search and seizure without warrant