Malaysia legislation
Section 42
of Solid Waste And Public Cleansing Management Enactment 2022
Section 42
(1)
If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is a reasonable cause to believe that any premises have been used or are about to be used for, or there is in or on any premises, evidence necessary to establish, the commission of an offence under this Enactment, the Magistrate may issue a warrant authorizing an authorized officer to whom it is directed, at any reasonable time by day or night and with or without assistance -
(a)
to enter any premises and search for, seize and detain any property, equipment, machinery, book, record, document, container, receptacle or other article;
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(b)
to inspect, make copies of, or take extracts from, any book, record, document or other article so seized and detained;
(c)
to take possession of, and remove from the premises, any property, equipment, machinery, book, record, document, container, receptacle 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, 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 container, receptacle or other article.
(2)
An authorized officer acting under subsection (1) may, if it is necessary to do so -
(a)
break open any outer or inner door of any premises and enter the premises;
(b)
forcibly enter any 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
(d)
detain any person found on any 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 property, equipment, machinery, book, record, document, container, receptacle or other article seized under this section, the authorized officer making the seizure shall, by any means, seal such property, equipment, machinery, book, record, document, container, receptacle 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 property, equipment, machinery, book, record, document, container, receptacle 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 a part of a day during which the offence continues after conviction.
Search and seizure without warrant