Malaysia legislation
Section 42
Section 42
Amendment of section 90
(a)
by substituting for subsection (1) the following subsection:
“(1) If it appears to a Magistrate, upon a written information from a forest officer not below the rank of
Assistant District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that any premises has been used for or that in any premises there is concealed or deposited any forest produce in respect of which a forest offence is being or has been committed, the Magistrate may issue a warrant authorizing any forest officer not below
National Forestry (Amendment)
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the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of
Sergeant named in the warrant, by day or night and with or without assistance, to enter the premises and if need be by force.”;
(b)
by inserting after subsection (1) the following subsection:
“(1a) Without affecting subsection (1), the Magistrate may issue a warrant authorizing the forest officer not below the rank of Assistant District Forest Officer, the authorized officer or the police officer not below the rank of Sergeant to—
(a)
search the premises for, and to seize or remove from the premises any forest produce, receptacle, package, conveyance, machinery, tool, equipment, book, record, document or other thing that is reasonably believed to furnish evidence of the commission of such offence;
(b)
take samples of any forest produce or other thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; and
(c)
make copies of or take extracts from any book, record, document or other thing found in the premises.”;
(c)
in subsection (2)—
(i)
by substituting for the words “Any forest officer or police officer acting under subsection (1)
may—” the words “Any forest officer not below the rank of Assistant District Forest Officer, any authorized officer or any police officer not below the rank of Sergeant acting under this section may—”;
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(ii)
by substituting for paragraph (a) the following paragraph:
“(a) break open any outer or inner door or window of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;”;
(iii)
in paragraph (b), by substituting for the words
“subsection (1)” the words “this section”; and
(iv)
in paragraph (c), by substituting for the words
“building or place or on the land until it”
the words “premises until the premises”; and
(d)
by inserting after subsection (2) the following subsection:
“(3) A forest officer not below the rank of Assistant
District Forest Officer, an authorized officer or a police officer not below the rank of Sergeant conducting search under this section may, for the purpose of investigating into the forest offence, search any person who is in or on the premises.”.
Substitution of section 91