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In forceUpdated to 31 Dec 2025Read it in Bahasa Malaysia

Part VIII · Examination and Investigation

96. Release, disposal or forfeiture of seized goods, etc.

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(1)

An investigating officer shall, unless otherwise ordered by any court—

(a)

on the close of investigations or any proceedings arising from such investigations; or

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(b)

with the prior written consent of the respective Regulatory and Supervisory Authority at any time before the close of investigations, release any document, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article seized, detained or removed by him or any other investigating officer under this Division in accordance with subsection (2) or (3), as the case may be.

(2)

For the purposes of subsection (1), where the investigation is conducted by the Ministry of Domestic Trade and Cost of Living—

(a)

any person asserting that he is the owner of the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, may, personally or by his agent authorized in writing, give a written notice to the Ministry of Domestic Trade and Cost of Living;

(b)

on receipt of the notice under paragraph (a), the Ministry of Domestic Trade and Cost of Living may, after making such enquiries as may be necessary, direct that such documents, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article be released or forfeited or refer the matter to a magistrate; and

(c)

the magistrate to whom the matter is referred under paragraph (b) shall issue a summons requiring the person asserting that he is the owner of the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article and the person from whom they were seized to appear before such magistrate and upon their appearance or default to appear, due service of the summons being proved, the magistrate

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shall proceed to the examination of the matter and on proof that an offence has been committed under this

Act and that such goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, documents, securities held in respect of credit consumers’ transactions, titles, cash, information or article were the subject matter or were used in the commission of such offence shall order the same to be forfeited and shall, in the absence of such proof, order their release.

(3)

Where the investigation is conducted by a Regulatory and

Supervisory Authority other than the Ministry of Domestic Trade and Cost of Living, the investigating officer shall release documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article to such person as he determines to be lawfully entitled to them if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.

(4)

For the purposes of subsection (3), where an investigating officer is unable to locate the person who is lawfully entitled to the documents, securities held in respect of credit consumers’

transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article, the investigating officer shall cause to be published a notice in the Regulatory and Supervisory

Authority’s website or in any other means of publication as deemed fit by the Regulatory and Supervisory Authority calling upon any person who is lawfully entitled to the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article to claim such documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article within the period stipulated in the notice.

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(5)

Where no claim is made upon the expiry of the period specified in the notice published under subsection (4)—

(a)

the investigating officer shall make an application in writing to the court as to the disposal of such documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article; and

(b)

the court upon receiving the application under paragraph (a)

and being satisfied that the person under subsection (1)

who is lawfully entitled to the documents, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article cannot be located, shall order the same to be forfeited or disposed of by the Regulatory and Supervisory Authority in accordance with the order made by the court.

(6)

A record in writing shall be made by the investigating officer effecting any release of any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article under subsection (1) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.

(7)

No person shall, in any proceedings before any court in respect of the seizure of any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or 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.

(8)

Where any document, securities held in respect of credit consumers’ transactions, titles, cash, goods, things, property, apparatus, equipment, machinery, computer, computer output, system, data, programmes, information or article seized in the exercise of any power under this Act is held in the custody

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of the Government pending the completion of any proceedings in respect of an offence under this Act, the cost of holding the same in custody, shall, in the event of any person being found guilty of an offence under this Act, be a debt due to the Government by such person and shall be recoverable accordingly.

(9)

For the purposes of this section, where the investigation is conducted by the Ministry of Housing and Local Government and the investigating officer is a police officer, such police officer shall be a senior police officer superior in rank to the senior police officer who effected the seizure.

Report

Part IX

Enforcement

Part X

General Provisions

Schedules