Malaysia legislation
Section 14
Section 14
“Forfeiture of seized vehicle, ship, book, etc.
The principal Act is amended by inserting after section 46b the following sections:
“List of vehicle, ship, book, etc., seized 46ba. (1) Where any seizure is made under this Act, the
Director General or any officer duly authorized in writing by him making the seizure shall prepare a list of the vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized and shall sign the list.
(2)
The list prepared in accordance with subsection (1)
shall be delivered immediately to the person in control or in charge of the vehicle, ship, aircraft or premises where the seizure is made under section 38 or 46a, as the case may be.
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Release of seized book, record, computer, etc.
46bb. (1) If any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document has been seized under this Act, the Director
General or any officer duly authorized in writing by him who effected the seizure may, after referring to the Public
Prosecutor, release the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document to the person from whose possession, custody or control it was seized.
(2)
A record in writing shall be made by the Director
General or any officer duly authorized in writing by him effecting the release of the book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.
Cost of holding seized vehicle, ship, book, etc.
46bc. Where any vehicle, ship, book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document seized under this Act is held in the custody of the Director General or any officer duly authorized in writing by him pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.”.
Deletion of section 46c