Section 28
Power to inspect weights and measures, etc., and to enter premises
of Weights and Measures Act 1972
Any Inspector may, at all reasonable hours, exercise the following powers, that is to say:
(a)
enter any premises for the purposes of inspecting, verifying and stamping or authenticating any weight or measure or any instrument for weighing or measuring, or for the purposes of ascertaining whether any offence under this Act or any regulations made thereunder has been committed;
(b)
seize and detain any weight, measure or instrument for weighing or measuring, or stamp or stamping instrument, which is used in the commission of any offence under this
Act or any regulations made thereunder;
(c)
seize and detain any goods, records or documents which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder;
(d)
seal in any manner any weight, measure or instrument for weighing or measuring which is used, or which is reasonably suspected of being used, in the commission of any offence under this Act or any regulations made thereunder;
(e)
examine any certificates, documents or papers, including books, reports, records, shipping bills and bills of lading or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device where there are reasonable grounds to believe that it contains any information, relevant to the enforcement of this Act or any regulations made thereunder and make copies thereof or extracts therefrom;
(f)
with the assistance of any police officer, stop and detain any motor vehicle or other conveyance that the Inspector has reasonable grounds to believe is fixed with any weights or measures or instruments for weighing or
Weights and Measures 33
measuring, or carrying weights, measures or instruments for weighing or measuring or goods which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder or is equipped with a device that is used or designed to be used for trade purposes and—
(i)
where necessary, for the purposes of making an inspection under subparagraph (ii), require the operator of that motor vehicle or other conveyance to proceed with the motor vehicle or other conveyance to an appropriate place where such inspection may be made; and
(ii)
inspect any such weight, measure or instrument for weighing or measuring of such goods or devices found in or upon that motor vehicle or other conveyance;
(g)
examine all certificates of verification, records and documents relating to any such weight, measure or instruments for weighing or measuring, or certificate issued under section 14B.
(2)
Any person who neglects or refuses to produce for an inspection under this section any weights, measures and instruments for weighing or measuring or any certificates of verification in his possession or in his premises or refuses to permit the Inspector under this section to examine the same or any of them or obstructs the
Inspector from entering the premises or otherwise obstructs or hinders the Inspector from acting under this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(3)
For the purpose of subsection (1), any person who fails to disclose or omits to give any relevant information, document or evidence, or provides, as true, any information, document or evidence that he knows or has reason to believe to be false or misleading shall
34 Laws of Malaysia ACT 71
be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding four years or to both.