Malaysia legislation
Section 17
Section 17
New sections 48aa to 48ae
The principal Act is amended by inserting after section 48a the following sections:
“Access to computerized data 48aa. (1) The Director General or any officer duly authorized in writing by him conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.
(2)
For the purposes of this section, the Director General or any officer duly authorized in writing by him shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.
Presumption 48ab. (1) When any substance is suspected of being scheduled waste and such substance is contained in a number of receptacles, it shall be sufficient to analyze samples of the substance of an amount as may be determined by the
Director General and if such analysis establishes that such
18
samples are all of the same nature and description, it shall be presumed until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.
(2)
The substance referred to in subsection (1) shall, until the contrary is proved, be deemed to be scheduled waste and shall be disposed of in such manner as the Director
General thinks fit.
(3)
The procedure for taking and dealing with samples shall be as prescribed by regulations.
Additional powers 48ac. The Director General or any officer duly authorized in writing by him shall, for the purposes of the execution of this
Act, have the power to do all or any of the following:
(a)
to require the production of any book, record, computer, industrial plant, equipment, scheduled waste, waste, environmentally hazardous substance, pollutant, licence, permit, certificate, or other document kept by any person and to inspect, examine, download, make copies or take extracts from them;
(b)
to require the production of any identification document from any person in relation to any act or offence under this Act;
(c)
to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.
Obstruction to search 48ad. Any person who—
(a)
refuses the Director General or any officer duly authorized in writing by him access to any vehicle, ship, aircraft or premises which the Director General or any officer duly authorized in writing by him is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;
Environmental Quality (Amendment)
(b)
assaults, obstructs, impedes or interferes with the
Director General or any officer duly authorized in writing by him in the performance of his powers under this Act; or
(c)
refuses the Director General or any officer duly authorized in writing by the Director General any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Joinder of offences 48ae.
Notwithstanding section 164 of the Criminal
Procedure Code, where a person is accused of more than one offence under this Act, the person may be charged with and tried at one trial for any number of such offences committed within any length of time.”.
Amendment of section 49