40. Search by warrant

(1)

If it appears to a Magistrate, upon written information on oath and after such enquiry as he considers necessary, that there is reasonable cause to believe that in any premises there is or has been any contravention of this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing any enforcement officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises, if need be by force, and there to—

(a)

search for and seize any organism or product that is suspected of being a living modified organism or a product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter, or thing including in digital form, that is reasonably believed to furnish evidence of

Biosafety 37

the contravention of this Act or any regulations made under this Act;

(b)

take samples of any organism or product that is suspected of being a living modified organism or product of such organism or thing 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; and

(c)

make copies of or take extracts from any book, document, computerized data or thing including in digital form, or make back-up copies of computerized data or thing including in digital form, for purposes of investigations.

(2)

Where by reason of its nature, size or amount, it is not practicable to remove any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form seized under subsection (1), the enforcement officer shall, by any reasonable means, seal such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form in the premises or container in which such organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter or thing including in digital form, is found.

(3)

It shall be an offence for any person without lawful authority to break, tamper with or damage the seal referred to in subsection (2)

or to remove any organism or product that is suspected of being a living modified organism or product of such organism, or book, document, computerized data, apparatus, equipment, device, machinery, vehicle, matter, or thing including in digital form under seal or to attempt to do so.

38 Laws of Malaysia ACT 678

(4)

Any person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(5)

Any enforcement officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

(6)

Any enforcement officer may in the exercise of his powers under this section, if it is necessary to do so—

(a)

break open any outer or inner door of the premises and enter the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and

(d)

detain every person found in the premises until the premises has been searched.

(7)

Subject to any other written law, in carrying out the powers under this section, an enforcement officer shall also have the power to stop, board or detain any vessel, aircraft or other vehicle.

Report

Read on from s 41

Part VII

Miscellaneous

Read on from Part VII

40. Search by warrant

Terms defined in s 3

Miscellaneous

Schedules