CONTROL OF SUPPLIES (AMENDMENT) ACT 2022

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 10

by substituting for paragraph (1)(a) the following paragraph:

“(a) arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act; and”;

CONTROL OF SUPPLIES (AMENDMENT) ACT 2022

by renumbering the existing subsection (1 a)

as subsection (1b); and

by inserting before the renumbered subsection (1b)

the following subsection:

“(1a)  The Controller, supplies officer, police officer not below the rank of Inspector or customs officer making an arrest under paragraph (1)(a) shall without unnecessary delay take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the Criminal Procedure

Code [Act 593].”.

New sections 12a and 12b

is of a perishable or inflammable nature; or

the custody of such controlled article or other article involves unreasonable expense and inconvenience, such controlled article or other article may be sold and the proceeds of sale held to abide by the result of any prosecution or claim under this section.

The Government of Malaysia shall not be liable to any person for any deterioration, howsoever caused, in the quality of any controlled article or other article seized under this Act.

Control of Supplies (Amendment)

5

No cost or damages arising from seizure to be recoverable 12b.  No person shall, in any proceedings before any court in respect of any controlled article, vehicle, vessel or thing other than a controlled article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.”.

New section 25a

If it is necessary to test any article which is suspected of being controlled article seized under this Act, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the articles examined under subsection (1).

The court shall presume that the articles contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.”.