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Section 47

Access to recorded information or computerized data, etc.

of Energy Efficiency and Conservation Act 2024

ActIn forceProvision 47 of 71
Section 47
(1)

Any authorized officer exercising his powers under sections 44, 45 and 46 shall be given access to any recorded information or computerized data or digitalized data, whether stored in a computer or otherwise.

(2)

In exercising his powers, the authorized officer—

(a)

may inspect and check the operation of any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been used in connection with that information or data; and

(b)

may require—

(i)

the person, by whom or on whose behalf, the authorized officer has reasonable cause to suspect the computer is or has been so used in connection with the information or data; or

Energy Efficiency and Conservation 41

(ii)

the person having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material in connection with the information or data, to provide him with such reasonable assistance as he may require for the purposes of this section.

(3)

The authorized officer may make copies or take extracts of the recorded information or computerized data or digitalized data, if he deems necessary.

(4)

For the purposes of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of recorded information or computerized data or digitalized data.

(5)

Any person who fails to give access to any authorized officer to any recorded information or computerized data or digitalized data under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.