Malaysia legislation
Section 78
Section 78
(1)
If the Director or any authorised officer has reason to believe that a person has committed an offence under this Enactment, the Director or any authorised officer may without a warrant –
(a)
arrest any person who he has reason to believe has committed an offence under this Enactment;
(b)
enter and search any land, farm, facility, premises or place in which he has reason to believe that an offence under this Enactment has been committed;
(c)
take samples of any fish found in any aquaculture premise or aquaculture facility, vessel or vehicle;
(d)
take photographs, video, audio recordings or make sketches of the premises or any thing on the premises;
(e)
secure the land, farm, facility, premises or place, or any thing on such places;
(f)
seize any vessel, including its equipment, gear, furniture, appurtenances, stores and cargo, or any vehicle which he has reason to believe has been used in the commission of any offence or in relation to which any offence has been committed under this Enactment;
(g)
seize any fish which he has reason to believe has been caught in the commission of an offence under this Enactment;
(h)
seize any explosive substance, explosive projectile, natural poisonous substance, poisonous chemical substance, pollutant or prohibited gear; or
(i)
seize any unlicensed fishing stakes, fishing appliance, fish-aggregation device or aquaculture facility or part thereof.
(2)
In effecting any seizure under subsection (1), the Director or any authorised officer may use such force as may be reasonably necessary.
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(3)
A person arrested under subsection (1) shall be brought to the police station within twenty-four hours and a police report made.
(4)
The Director or any authorised officer shall produce anything seized under this
Enactment before a Magistrate Court within twenty-four hours from the time of the seizure.
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