Malaysia legislation

Section 54

of PATHOLOGY LABORATORY ACT 2007

Section 54

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(a)

any pathology laboratory or premises has been used or is about to be used for; or

(b)

there is in any pathology laboratory or premises evidence necessary to establish,

Act 674

the commission of an offence under this Act, the Magistrate may issue a warrant authorising any authorized officer named therein to enter the pathology laboratory or premises at any reasonable time by day or by night with or without assistance and if need be by force and there to—

(i)

search the pathology laboratory and seize any book, record, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or any other thing that is reasonably believed to furnish evidence of the commission of the offence;

(ii)

take samples of any sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or any other thing found in the pathology laboratory or premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed; and

(iii)

make copies of or take extracts from any book, record, material or any other article found in the pathology laboratory or premises.

(2)

An authorized officer may in the exercise of his powers under this section if it is necessary to do so—

(a)

break open any outer or inner door of, or any fence, enclosure, gate or other obstruction to the pathology laboratory or premises, in order to effect entry;

(b)

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

(c)

detain every person found in the pathology laboratory or premises until the pathology laboratory or premises has been searched.

(3)

Where the pathology laboratory or premises is mobile in nature, the authorized officer may seize the pathology laboratory or premises.

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Search and seizure without warrant