Malaysia legislation
Section 35
Section 35
New Parts Xa and Xb
The principal Act is amended by inserting after section 71
as deleted the following parts:
“Part Xa
INSPECTION OF SKILLS TRAINING PROVIDER
Power to inspect skills training provider 71a. (1) An authorized officer may, from time to time, inspect any skills training provider registered under this Act for the purpose of determining that this Act and the regulations made under this Act have been and are being complied with.
(2)
For the purposes of inspection under this Part, an authorized officer may—
(a)
enter, at any time, any premises or any part of the premises which belongs to or are being used, whether permanently or otherwise, by a skills training provider for the purpose of providing skills training or other training;
(b)
examine such book, minute book, register, document, financial statement, computerized data, material or other article as he may consider necessary;
Skills Development Fund (Amendment)
(c)
require any person, who is a member of the board of directors, an employee, or a trainee of such skills training provider, to produce for his inspection any book, minute book, register, document, financial statement, computerized data, material or other article which is in that person’s possession or custody or under his control or within his power to furnish—
(i)
relating to the management of the skills training provider; or
(ii)
relating to the skills training programme or other training programme carried on by the skills training provider; and
(d)
to make copies or take extracts from any book, minute book, register, document, financial statement, computerized data, material or other article inspected under paragraph (c).
Part Xb
ENFORCEMENT AND INVESTIGATION
Authorized officer 71b. For the purposes of this Act, the Corporation may, in writing, authorize any public officer or officer of the
Corporation to exercise the powers of inspection and the powers of enforcement and investigation under this Act.
Powers of authorized officer 71c. An authorized officer shall have all the powers necessary to carry out inspection under Part Xa and conduct investigation into any offence under this Act.
Powers of examination 71d. (1) An authorized officer may, by notice in writing, require any person acquainted with the facts and circumstance of a case to appear before him and to be examined orally and shall reduce into writing any statement made by the person so examined.
(2)
Any statement made by any person under this section shall be admissible as evidence in any proceedings in court under this Act against the person or against any other person.
Production of documents, etc.
Quoted provision
Section 71e
In the course of an investigation or examination under this Part, the authorized officer may—
(a)
require any such person to produce to him such book, minute book, register, document, financial statement, computerized data, material or other article; and
(b)
inspect, make copies of, take extracts from, remove and detain any book, minute book, register, document, financial statement, computerized data, material or other article.
Seizure of documents, etc.
Quoted provision
Section 71f
Where an authorized officer carrying out an inspection or investigation under this Act has reason to believe that an offence has been committed against this Act, he may seize any book, minute book, register, document, financial statement, computerized data, material or other article produced under section 71e and such book, minute book, register, document, financial statement, computerized data, material or other article seized, shall be admissible in evidence in any proceedings in court under this Act against the person or against any other person.
Application for search warrant 71g. If an authorized officer has reasonable cause to believe that any premises have been used, is used or are about to be used for, or there is in any premises, evidence necessary to establish the commission of an offence under this Act, he may apply to a Magistrate by way of written information on oath for a search warrant.
Skills Development Fund (Amendment)
23
Power of Magistrate to issue search warrant 71h. If the Magistrate is satisfied that there is a commission of an offence under any provision of this Act, he may issue a search warrant authorizing the authorized officer, at any reasonable time by day or by night and with or without assistance—
(a)
to enter the premises, if need be by force;
(b)
to search for and seize, and to remove any book, minute book, register, document, financial statement, computerized data, material or other article—
(i)
in respect of which an offence has been committed;
(ii)
in respect of which an offence is suspected to have been committed; or
(iii)
that is reasonably believed to furnish evidence of the commission of the offence;
(c)
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 thereinto;
(d)
remove by force any obstruction to the entry, search, seizure or removal as he is empowered to effect;
or
(e)
detain every person found in the premises until it has been searched.
Production of authority card 71i. (1) An authorized officer when exercising any powers under this Act shall declare his office and produce to the person against whom he is acting or from whom he seeks any information, such authority card as the Corporation may direct to be carried by such officer.
(2)
The authority card specified in subsection (1) shall be issued by the Chief Executive.
No entitlement as to costs on proceedings, damages or other relief, etc.
Quoted provision
Section 71j
No person shall, in any proceedings before any court in respect of the seizure of anything seized or detained in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or any damages or other relief, other than the order for the return of such things seized or detained, or the payment of its value unless such seizure or detention was made without reasonable or probable cause.”.
Amendment of section 72