Section 6
Power to intercept communication
of Security Offences (Special Measures) Act 2012
(1)
Notwithstanding any other written law, the Public
Prosecutor, if he considers that it is likely to contain any information relating to the commission of a security offence, may authorize any police officer or any other person—
(a)
to intercept, detain and open any postal article in the course of transmission by post;
(b)
to intercept any message transmitted or received by any communication; or
(c)
to intercept or listen to any conversation by any communication.
(2)
The Public Prosecutor, if he considers that it is likely to contain any information relating to the communication of a security offence, may—
Security Offences (Special Measures)
(a)
require a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or
(b)
authorize a police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such evidence.
(3)
Notwithstanding subsection (1), a police officer not below the rank of Superintendent of Police may—
(a)
intercept, detain and open any postal article in the course of transmission by post;
(b)
intercept any message transmitted or received by any communication; or
(c)
intercept or listen to any conversation by any communication, without authorization of the Public Prosecutor in urgent and sudden cases where immediate action is required leaving no moment of deliberation.
(4)
If a police officer has acted under subsection (3), he shall immediately inform the Public Prosecutor of his action and he shall then be deemed to have acted under the authorization of the Public
Prosecutor.
(5)
The court shall take cognizance of any authorization by the
Public Prosecutor under this section.
14 Laws of Malaysia ACT 747
(6)
This section shall have effect notwithstanding anything inconsistent with Article 5 of the Federal Constitution.
(7)
For the purpose of this section—
“communication” means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;
“communications service provider” means a person who provides services for the transmission or reception of communications.