Malaysia legislation

Section 36

of RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972

Section 36

(a)

any premises has been used or is about to be used for;

or

(b)

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

(2)

A warrant issued under subsection (1) may authorize the authorized officer to—

(a)

search the premises for, and to seize or remove from the premises any rubber, book, record, document or other article that is reasonably believed will furnish evidence of the commission of such offence;

(b)

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

(c)

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

(3)

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.

(4)

An authorized officer 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 or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;

Act 85

(b)

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

(c)

detain any person found in the premises until the search has been completed.

(5)

Where, by reason of its nature, size or amount, it is not practicable to remove any rubber, book, record, document or other article seized under this section, the authorized officer shall, by any means, seal such rubber, book, record, document or other article in the premises or container in which it is found.

(6)

A person who, without lawful authority breaks, tampers with or damages the seal referred to in subsection (5) or removes the rubber, book, record, document or other article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Power to enter premises