Malaysia legislation
Section 19
Seksyen 19
Akta ibu dipinda dengan memasukkan selepas seksyen 31
seksyen yang berikut:
“Powers of enforcement, inspection and investigation 31a. An authorized officer shall have all the powers of a police officer of whatever rank as provided for under the
Criminal Procedure Code [Act 593] in relation to enforcement, inspection and investigation, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.
(a)
any land, building or part of any building;
(b)
any place whether open or enclosed;
(c)
any conveyance;
(d)
any installation on land, offshore installation or other installation whether on the bed of or floating on any water; and
(e)
any structure movable or immovable.
(2)
When an authorized officer has reasonable cause to believe that an offence under this Act or any regulations made under this Act has been or is being committed in any premises or in connection with any business carried on in any premises, the authorized officer may at any reasonable time by day or by night and with or without assistance—
(a)
enter the premises and if need be by force;
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(b)
search the premises for, and to seize or remove from the premises any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article that is reasonably believed to furnish evidence of the commission of such offence;
(c)
inspect or require any person to produce for the purpose of inspection—
(i)
any substance reasonably believed to be or to contain any poison or psychotropic substance;
(ii)
conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article, which in his opinion may furnish evidence of the commission of an offence under this Act or any regulations made under this Act;
(d)
take samples of any poison or psychotropic substance found in the premises for the purpose of ascertaining, by testing or otherwise, whether any offence under this Act or any regulations made under this Act has been committed; or
(e)
make copies of or take extracts from any book, register, record, document, computerized data or other article found in the premises.
(3)
An authorized officer entering any premises under this section may take with him any other person and equipment as may appear to him to be necessary.
(4)
The owner, occupier or any person who has control of such premises or who is present at such premises, shall permit every authorized officer and any other person referred to in subsection (3) to have access to the premises for the purposes specified in this section and shall supply to the
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authorized officer all such information as may be requested by the authorized officer, and shall afford the authorized officer such assistance as may be reasonably necessary for such purposes.
(5)
An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do—
(a)
break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;
(b)
remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under this section; and
(c)
detain any person found in the premises until the search has been completed.
(6)
Where, by reason of its nature, size or amount, it is not practicable to remove any poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article seized under this section, the authorized officer shall, by any means, seal such poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article in the premises or container in which it is found.
(7)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes the poison, psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article under seal or attempts to do so shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
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(8)
Any person who—
(a)
obstructs or impedes an authorized officer in the performance of his duties under this Act or any regulations made under this Act;
(b)
refuses or neglects to comply with any requisition made in pursuance of this section; or
(c)
gives or supplies any false or misleading statement or information to an authorized officer, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Power to access premises and land 31c. (1) An authorized officer shall have access to any premises or land for the purpose of—
(a)
inspecting any substance reasonably believed to be or to contain any poison or any psychotropic substance, receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other article as he considers necessary;
(b)
verifying the accuracy of any book, register, record, document, computerized data, statement or any information given to an authorized officer, and make copies of or take extracts from such book, register, record, document, computerized data or statement found in the premises or land; or
(c)
collecting samples of any substance reasonably believed to be or to contain any poison or psychotropic substance found in the premises or land.
(2)
For the purposes of this section, an authorized officer may without payment, demand, select, take or collect samples of any substance reasonably believed to be or to contain any
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poison or psychotropic substance from any person, or such person’s agent or servant importing, exporting, manufacturing, selling, supplying, using or having possession of such substance.
Power to require information and documents 31d. (1) An authorized officer, in carrying out an investigation under this Act, may make an order by a written notice under subsection (2), if he has reason to believe that a person—
(a)
has any information or any document that is relevant to the performance of the authorized officer’s powers and functions under this Act; or
(b)
is capable of giving any evidence which the authorized officer has reason to believe is relevant to the performance of the authorized officer’s powers and functions under this Act.
(2)
The order made by an authorized officer under subsection (1) may direct the person—
(a)
to provide any information to the authorized officer, within the period and in the manner and form specified in the notice;
(b)
to produce any document to the authorized officer, within the period and in the manner specified in the notice, whether in physical form or in electronic form;
(c)
to make copies of any document, or extracts from any document and to produce copies or extracts of such document, as the case may be, to the authorized officer within the period and in the manner specified in the notice;
(d)
if the person is an individual, to appear before the authorized officer at a time and place specified in the notice to give any information, either orally or in writing, and produce such document, whether in physical form or in electronic form;
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(e)
if the person is a body corporate, to cause and authorize a relevant and competent officer of the body corporate to appear before the authorized officer at a time and place specified in the notice to give any information, either orally or in writing, and produce such document, whether in physical form or in electronic form;
(f)
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before the authorized officer at a time and place specified in the notice to give any information, either orally or in writing, and produce such document, whether in physical form or in electronic form; or
(g)
to make a statement to the authorized officer providing an explanation of any information or document within the period and in the manner and form specified in the notice.
(3)
Where the authorized officer directs any person to produce any document under subsection (2) and the person does not have custody of the document, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
(b)
identify, to the best of his knowledge and belief, the person who has custody of the document or the last person who had custody of the document, as the case may be, and state, to the best of his knowledge and belief, where the person may be found.
(4)
Any person directed to provide information or document under subsection (2) shall—
(a)
provide the required information or document within such time as specified in the notice or such extended time as the authorized officer may grant; and
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(b)
ensure that the information or document provided is true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information or document which would make the information or document provided untrue or misleading.
(5)
Any person who fails to comply with the order made by the authorized officer under subsection (1) commits an offence.
Access to recorded information, computerized data, etc.
Quoted provision
Seksyen 31e
(2)
In exercising his powers, the authorized officer may—
(a)
inspect and check the operation of any computer and any associated apparatus or material which the authorized officer has reasonable cause to suspect is or has been used in connection with that information or data;
(b)
require the person—
(i)
whom the authorized officer has reasonable cause to suspect is using or to have used the computer in connection with that information or data;
(ii)
whom the authorized officer has reasonable cause to suspect that the computer is used or has been used, on behalf of the person, in connection with that information or data;
or
(iii)
having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material,
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to provide him with such reasonable assistance as he may require for the purposes of this section.
(3)
The authorized officer may make copies of or take extracts from the recorded information or computerized data, if he deems it necessary.
(4)
Any recorded information or computerized data obtained under subsection (1) shall be admissible in evidence notwithstanding any other provisions in any written law to the contrary.
(5)
For the purposes of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the recorded information or computerized data.
No cost or damages arising from entry, search or seizure to be recoverable 31f. No person shall, in respect of any entry or search, or seizure of any poison, psychotropic substance or other substances, or seizure of any receptacle, package, conveyance, machinery, contrivance, equipment, book, register, record, document, computerized data or other articles, seized or surrendered in the exercise or the purported exercise of any power conferred under this Act, be entitled to recover the costs of such entry, search, or seizure or to claim any damages or other relief unless such entry, search, or seizure was made without reasonable cause.”.
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