Malaysia legislation
Section 19
Section 19
(a)
to enter any premises situated at the entry point, quarantine station and quarantine premises and search for, seize and detain any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article;
22 Laws of Malaysia ACT 728
(b)
to inspect, make copies of, or take extracts from, any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article so seized and detained;
(c)
to take possession of, and remove from the premises situated at the entry point, quarantine station and quarantine premises, any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article so seized and detain it for such period as may be necessary;
(d)
to search any person who is in, or on, such premises situated at the entry point, quarantine station and quarantine premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or
(e)
to break open, examine, and search any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article.
(2)
An enforcement officer acting under subsection (1) may, if it is necessary to do so—
(a)
break open any outer or inner door of any premises situated at the entry point, quarantine station and quarantine premises and enter the premises;
(b)
forcibly enter any premises situated at the entry point, quarantine station and quarantine premises and every part thereof;
(c)
remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or
Malaysian Quarantine and Inspection Services 23
(d)
detain any person found on any premises situated at the entry point, quarantine station and quarantine premises searched under subsection (1) until the search is completed.
(3)
If, by reason of its nature, size or amount, it is not practicable to remove any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article seized under this section, the enforcement officer making the seizure shall, by any means, seal such book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article.
(4)
Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.
Search and seizure without warrant