Section 5 — GAS SUPPLY ACT 1993

(2)

In exercising his powers under subsection (1) an authorized officer may—

(a)

take samples of any gas from the premises entered and require the occupier or his agents or servants present in the premises to show him every place and any pipeline, installation, storage tank or cyclinder in his premises;

(b)

test or cause to be tested, at any convenient place and at such reasonable time as he may appoint, any sample so

Gas Supply 13

obtained by him.

(3)

If upon such inspection or examination the authorized officer finds any defect, which he has reasonable cause to believe is likely to cause danger, he may—

(a)

by notice in writing require the rectification of the defect;

(b)

cause the discontinuation of the gas supply; or

(c)

remove or seal any pipeline, installation or part thereof.

(4)

In every case where information is given on oath to any

Magistrate that there is reasonable cause for suspecting that there is in any land, house or building any article, thing, book, document, pipeline, installation or part thereof which has been used to commit or is intended to be used to commit any offence under this Act or any regulation made thereunder, he shall issue a warrant under his hand by virtue of which any authorized officer named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such article, thing, book, document, pipeline, installation or part thereof:

Provided that if the authorized officer is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any article, thing, book, document, pipeline, installation or part thereof used to commit or intended to be used to commit an offence under this Act or any regulation made thereunder is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such article, thing, book, document, pipeline, installation or part thereof found therein:

Provided further that it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or remove any such article, thing, book, document, pipeline, installation or part thereof or to attempt so to do.

14 Laws of Malaysia ACT 501

(5)

Any authorized officer may in the exercise of his powers under subsection (4), if it is necessary so to do—

(a)

break open any outer or inner door of the dwelling-house or any other premises and enter thereinto;

(b)

forcibly enter the place and every part thereof;

(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 place until the place has been searched.

(6)

The authorized officer seizing any article, thing, book, document, pipeline, installation or part thereof under subsection (4)

shall prepare a list of the things seized and forthwith, or as soon as is practicable, deliver a copy signed by him to the occupier, or his agents or servants present in the premises and if the premises are unoccupied, such authorized officer shall, wherever possible, post a list of the things seized on the premises.

(7)

An authorized officer shall at all times carry an official identification card or badge in such form as may be prescribed, and no person shall be obliged to admit to his land, house or building any person purporting to be an authorized officer except upon production of the identification card or badge.

Powers of investigation