Malaysia legislation
Section 79
Section 79
Amendment of section 89
(a)
in subsection (1)—
(i)
in paragraph (a), by deleting the words “belonging to or in possession or control of the prescribed institution or its holding company, subsidiary, or employee”;
(ii)
in paragraph (b), by substituting for the words
“the premises for any property, record, report or document and seize and detain any property,
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record, report or document” the words “such premises, seize and detain any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information”;
(iii)
in paragraph (c)—
(A)
by substituting for the words “report or document” the words “report, document, computer, computer output, system, data, books or information”; and
(B)
by inserting after the words “so seized and detained” the words “, including access to any program or data held in any computer or have access to, inspect or check the operation of any computer and any associated apparatus or material”;
(iv)
in paragraph (d), by substituting for the words “report or document” the words “report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information”;
(v)
in paragraph (e), by substituting for the words
“report, record or document” the words “record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information”; and
(vi)
in paragraph (f), by inserting after the word
“receptacle” the words “, including accessing into a computer”;
(b)
in subsection (3), by substituting for the words “report or document” the words “report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information”;
(c)
by inserting after subsection (3) the following subsections:
“(3a) An investigating officer shall, for the purposes of this section, be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of any program or data held in any computer including in a form in which the information contained in a computer can be taken away and in which it is visible and legible.
(3b)
Any computer output, data, books, document, information or statement obtained by or provided to an investigating officer in the course of a search under this section shall, notwithstanding any law to the contrary, be admissible in evidence in any proceedings under this Act.”;
(d)
in subsection (4)—
(i)
in paragraph (a), by substituting for the words
“report or document seized” the words “report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information seized”; and
(ii)
in paragraph (b), by substituting for the words
“report or document is found” the words “report, document, apparatus, equipment, machinery, computer, computer output, system, data, books or information is found or obtained”;
(e)
in subsection (5)—
(i)
by substituting for the words “be present” the words
“in every instance be permitted to attend”; and
(ii)
by substituting for the words “and a copy of the list prepared under subsection (4) shall be delivered to such person at his request” the words “sign the search list or affix his thumb print thereon, and be given a copy of the search list prepared and signed or affixed thumb print under this section”; and
(f)
by inserting after subsection (5) the following subsection:
“(6) Where such occupant or person acting on behalf of the occupant refuses to sign the search list or affix his thumb print on the search list, the investigating officer shall endorse on the search list, under his name,
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the fact of and reasons for such refusal, if any, stated by such occupant or person acting on behalf of the occupant.”.
Amendment of section 90