Malaysia legislation

Section 125

of CONSUMER PROTECTION ACT 1999

Section 125

(a)

search for and seize any goods, thing, book, document, record or other article that is reasonably believed to furnish evidence of the contravention of this Act;

(b)

take samples of any goods or thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed; and

(c)

make copies of or take extracts from any book, document, record or other article found in the premises.

(2)

Where, by reason of their nature, size or amount, it is not practicable to remove any goods, thing, book, document, record or other article seized under subsection (1), the Assistant Controller shall, by any means, seal such goods, thing, book, document, record or other article in the premises or container in which they are 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 goods, thing, book, document, record or other article under seal or to attempt to do so.

WJW21/1045 Act 599.indd 114 18/03/2022 6:42 PM

Consumer Protection 115

(4)

An Assistant Controller entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

(5)

An Assistant Controller 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 and enter into the premises;

(b)

forcibly enter the premises and every part of the premises;

(c)

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

(d)

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

(6)

The Assistant Controller conducting a search under paragraph (1)(a) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(7)

The Assistant Controller making a search of a person under subsection (6) may seize or take possession of, and place in safe custody, all things other than the necessary clothing found upon the person and any other things for which there is reason to believe are the instruments or evidence of the offence, and such things may be detained until an order by the court is made for its disposal.

Search and seizure without warrant