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In forceUpdated to 30 Apr 2012Read it in Bahasa Malaysia
Contents

Part V · Standards and Accreditation

21D. Search and seizure with warrant

(1)

If it appears to a Magistrate, upon written information on oath from the authorized officer and after such inquiry as the

Standards of Malaysia 25

Magistrate considers necessary, that there is reasonable cause to believe that any premises have been used or are about to be used for, or there is in or on any premises evidence necessary to establish the commission of an offence under this Act, the Magistrate may issue a warrant authorizing the authorized officer named in the warrant, at any reasonable time by day or night and with or without assistance —

(a)

to enter the premises and search for, seize and detain any computer, book, record, computerized data, document or other article;

(b)

to inspect, make copies of, or take extracts from, any computer, book, record, computerized data, document or other article so seized and detained;

(c)

to take possession of, and remove from the premises any computer, book, record, computerized data, document or other article so seized and detain it for such period as may be necessary;

(d)

to search any person who is in, or on, such premises and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or

(e)

to break open, examine, and search any computer, book, record, computerized data, document or other article.

(2)

An authorized officer acting under subsection (1) may, if it is necessary so to do—

(a)

break open any outer or inner door of the premises and enter the premises;

(b)

forcibly enter the premises and every part thereof;

(c)

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

or

(d)

detain any person found on the premises searched under subsection (1) until the search is completed.

26 Laws of Malaysia ACT 549

(3)

If, by the reason of its nature, size or amount, it is not practicable to remove any computer, book, record, computerized data, document or other article seized under this section, the authorized officer shall, by any means, seal such computer, book, record, computerized data, document or other article.

(4)

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the computer, book, record, computerized data, document or other article under seal or attempts to do so shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Report

Read on from s 21E

Part VI

General

Read on from Part VI

Part VII

Repeal and Transitional Provisions

Read on from Part VII