Malaysia legislation

Section 28

of ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT) ACT 2014

Section 28

Section 31 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1)  Where an investigating officer is satisfied, or has reason to suspect, that a person has committed an offence under this Act, he may, without a search warrant—

(a)

stop, enter, board, inspect, detain and search any conveyance for any property, document or information;

Anti-Money Laundering and Anti-Terrorism

Financing (Amendment)

(b)

enter, inspect and search any premises belonging to or in the possession or control of the person or his employee, and in the case of a body corporate, its director or manager for any property, document or information;

(c)

break open, examine and search any article, container or receptacle found in any premises or conveyance that is being searched;

(d)

detain, take possession of, and remove from the premises or conveyance any property, document or information found in the premises, conveyance, article, container or receptacle, and detain it for such period as he considers necessary;

(e)

inspect, make copies of or take extracts from any document or information so detained;

(f)

search any person who is in, or on, such premises or conveyance, if the investigating officer has reason to suspect that the person has on his person any property, document or information, including personal documents, which in the opinion of the investigating officer are necessary for the purpose of an investigation into an offence under this Act and detain any thing found on such person.”;

(b)

in paragraph (2)(b), by deleting the words “seizure,”;

(c)

by inserting after subsection (2) the following subsection:

“(2a)  Where it appears to an investigating officer that by reason of its’ nature, size or amount it is not practicable or it is otherwise not desirable to remove any thing detained by him in the exercise of his powers under this Act, he may, by any means, seal such thing in the premises, conveyance, article, container or receptacle in which it is found, and it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or remove such thing or attempt to do so.”;

(d)

in subsection (3)—

(i)

by deleting the words “seize,”; and

(ii)

by substituting for the words “record, report or document” the words “document or information”;

(e)

in subsection (4)—

(i)

in paragraph (a), by substituting for the words

“record, report or document seized” the words

“document or information detained”; and

(ii)

in paragraph (b), by substituting for the words

“record, report or document” the words “document or information”; and

(f)

in subsection (5), by substituting for the word “present”

the words “permitted to attend”.

Amendment of section 32