Authorization of officer to exercise powers under this Part
(1) The Minister may authorize in writing any public officer or officer of the Lembaga to exercise the powers under this Part. (2) In exercising any of the powers under this Part the officer shall on demand produce to the person against whom he is acting under this Act or any rule made thereunder the authority issued to him by the Minister.
Enforcement at entry points, quarantine stations and quarantine premises
(1) Notwithstanding section 11, the enforcement in relation to fish at the entry points, quarantine stations and quarantine premises shall be carried out by an enforcement officer appointed under the Malaysian Quarantine and Inspection Services Act 2011 in accordance with the powers under that Act. (2) For the purposes of subsection (1), “entry point”, “quarantine station” and “quarantine premises” have the same meanings as assigned to these expressions in the Malaysian Quarantine and Inspection Services Act 2011.
Power to enter premises
Where any authorized officer or police officer has reasonable grounds for believing that an offence under this Act or under any rule made thereunder has been committed, such officer may enter any premises belonging to or in the occupation of, any person and may carry out such inspection and examination (including the inspection and examination of books) as he may consider necessary and may seize and detain any books, documents or other things found in such premises which may furnish evidence of an offence under this Act or under any rule made thereunder.
Power of arrest, seizure, investigation and prosecution
(1) Any authorized officer or police officer may— (a) arrest without warrant any person whom he has reason to believe to have committed an offence under this Act or under any rule made thereunder, if such person refuses to furnish his name and address or furnishes an address outside Malaysia or there are reasonable grounds for believing that he had furnished a false name or address or that he is likely to abscond: Provided that when any person has been arrested as aforesaid he shall be thereafter dealt with as provided by the law relating to criminal procedure for the time being in force; and (b) seize anything which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence. (2) Any authorized officer and any police officer not below the rank of Inspector may in relation to any investigation in respect of any offence under this Act or any rule made thereunder without order of the Public Prosecutor exercise the special powers in relation to police investigations given by the law relating to criminal procedure in any seizable offence. (3) Any prosecution in respect of an offence under this Act or under any rule made thereunder may be conducted by an authorized officer.
Power to stop and search
(1) Where an authorized officer or police officer has reasonable suspicion that any conveyance is carrying any fish in contravention of any provision of this Act or any rule made thereunder, it shall be lawful for such officer to stop and examine such conveyance for the purpose of ascertaining whether any fish is contained therein or is being moved or transported contrary to the provisions of this Act or any rule made thereunder and the person in control or in charge of such conveyance shall if required to do so by such officer, stop such conveyance and allow such officer to examine the same. (2) The person in control or in charge of any conveyance examined under the provisions of this section shall on request by the authorized officer or police officer open all parts of the conveyance for examination by such officer and take all measures necessary to enable such examination as such officer considers necessary to be made.
Power to take possession
(1) If any authorized officer or police officer has reason to believe that any person is committing an offence under this Act or under any rule made thereunder he may take possession in such manner as he shall deem fit of any fish in respect of which he has reason to believe such an offence has been committed or of any vehicle, vessel or other article by means of which any such offence has been committed or which he has reason to believe is intended to be used for the commission of such offence. (2) Where under this section possession has been taken of any fish, the Director General— (a) may, if he has reason to believe that an offence under this Act or under any rule made thereunder has been committed and criminal proceedings have been instituted against any person in respect of such offence, apply to the Magistrate for an order that the fish shall be sold or disposed of, and if the fish is ordered to be sold, the proceeds of sale shall be kept until the conclusion of such criminal proceedings; or (b) in any other case, may restore possession to the owner. (3) Where under this section possession has been taken of any vehicle, vessel or other article, the Director General— (a) may at his discretion, if he has reason to believe that an offence under this Act or under any rule made thereunder has been committed, temporarily return such vehicle, vessel or other article to the owner of the same on security being furnished to his satisfaction that the vehicle, vessel or other article shall be surrendered to him on demand; or (b) in any other case, may restore possession to the owner. (4) (a) The Director General may in writing delegate his powers under subsections (2) and (3) to any authorized officer and may at any time revoke any such delegation. (b) Notwithstanding any such delegation, the Director General may, if he thinks fit, exercise the powers so delegated.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 February 2013 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).