Malaysia legislation

Section 21m

of STANDARDS OF MALAYSIA (AMENDMENT) ACT 2012

Section 21m

Standards of Malaysia (Amendment)

Where any computer, book, record, computerized data, document or other article seized under this Act is held in the custody of the authorized officer pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.

No cost or damages arising from seizure to be recoverable 21n.  No person shall, in any proceedings before any court in respect of any computer, book, record, computerized data, document or other article seized in the exercise or the purported exercise of any power conferred under this

Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

Additional powers 21o.  An authorized officer shall, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a)

to require the production of any computer, book, record, computerized data, document or other article kept by any person and to inspect, examine and make copies from them;

(b)

to require the production of any identification document from any person in relation to any act or offence under this Act;

22

(c)

to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

Obstruction of authorized officers 21p.  Any person who—

(a)

assaults, obstructs, impedes or interferes with any authorized officer in the performance of his powers under this Act;

(b)

refuses any authorized officer access to any premises which the authorized officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act; or

(c)

refuses any authorized officer any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

Amendment of section 22