Malaysian Palm Oil Board Act 1998 · Updated to 1 Jan 2006 · Part VI · Enforcement
47. Search by warrant
Feedback & supportIf it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this
Act or any regulations made under this Act is being or has been committed on any premises, the Magistrate may issue a warrant authorizing any authorized officer named therein to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to—
search for and seize any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;
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take samples of any oil palm product or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed;
and
make copies of or take extracts from any book, record, document or other article found in the premises.
An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.
An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do,—
break open any outer or inner door of the premises and enter into the premises;
forcibly enter the premises and every part of the premises;
remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and
detain every person found in the premises until the place has been searched.
Where, by reason of its nature, size or amount, it is not practicable to remove any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the seizing officer shall, by any means, seal such oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article in the premises or container in which it is found.
oil palm product
“oil palm product” means any product obtained directly from the oil palm or wholly or partly manufactured or derived from such product and includes palm oil, palm kernel, palm kernel cake, oil palm shell, palm fatty acids, oil palm planting material, oil palm fruit, oil palm fibre, oil palm empty fruit bunches, oil palm fronds, oil palm trunks, oil palm roots, oil palm based fibreboards, oil palm based pulp and paper and oil palm based chemicals;
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (4) or removes the oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article under seal or attempts to do so shall be guilty of 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 two years or to both.
conveyance
“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;