Enforcement officers
For the purposes of this Act, the Minister may appoint any officer from the Ministry responsible for youth as an enforcement officer to perform any obligation relating to the enforcement and investigation under this Act.
Powers of enforcement officers
An enforcement officer shall have all necessary powers— (a) to investigate any offence under this Act; (b) to carry out any investigation under this Act; or (c) to enforce any provision under this Act.
Disclosure of authorisation card
(1) The enforcement officer in exercising any power under this Act shall declare his office and shall disclose to a person against whom such action is to be taken or from whom the information is to be required, an authorisation card as directed by the Registrar to be brought along by such officer. (2) The authorisation card mentioned under subsection (1) shall be issued by the Minister.
Power of inspection
(1) The enforcement officer shall, by notice in writing, request any person who has knowledge on certain fact and circumstances of a particular case to appear before him and to be examined orally and shall reduce in writing any statement made by the person so examined. (2) Any statement made, by any person under this section may be admissible as evidence in any proceedings before the court under this Act against that person or any other person.
Disclosure of document, etc.
In carrying out any investigation or inspection under this Part the enforcement officer may— (a) request any person to submit to him any book, minute book, register, statement of account, document, any particular or other things whether in physical form or electronic medium; and (b) to inspect, make copy, extract from, remove and detain any book, minute book, register, statement of account, document, any particular or other things whether in physical form or eletronic medium.
Seizure of document, etc.
Where the enforcement officer in carrying out an investigation under this Act has reason to believe that an offence has been committed against this Act, he may seize any book, minute book, register, document, statement of account, any particular or other things in physical form or electronic medium forwarded under section 108 and any book, minute book, register, statement of account, document, any particular or other things shall be admissible in any proceeding in court under this Act against the person or any other person.
Application for search warrant
Where the enforcement officer has reason to believe that any premises has been used, is used or to be used for, or there is in any premises, the necessary evidence to prove an offence under this Act, he may apply for a search warrant before a Magistrate by a written information under oath.
Power of Magistrate to issue search warrant
Where the Magistrate is satisfied that there is an offence committed under any provision of this Act, he may issue a search warrant to the enforcement officer, at any reasonable time whether day or night and with or without assistance— (a) to enter into the premises, by force if necessary; (b) to search and seize and forfeit any book, minute book, register, statement of account, document, any particular or other things whether in physical form or electronic medium— (i) related to an offence that has been committed; (ii) related to an offence that is suspected to have been committed; or (iii) which is reasonably believed may be used as evidence against such offence committed; (c) to break any door whether inside or outside such premises or any fence, surrounding, gate or any other obstacle towards the premises, in order to enter into it; (d) to remove by force any obstacle to the entrance, search, seizure or removal; or (e) to detain every person in such premises until such premises is completely searched.
Power to enter premises without warrant or notice
The enforcement officer shall, for the purpose of ensuring whether the provision of this Act or any regulation made thereunder or any condition of registration under this Act is being complied with, have power without warrant or notice at all reasonable time to enter any premises and to conduct investigation or inspection if there is a reasonable ground that such premises is or is being used for purposes prejudicial to or incompatible with the interest of the security of Malaysia, public order or morality.
Search and seizure without warrant
Where the enforcement officer has reason to believe that, due to the delay in obtaining the search warrant under section 109— (a) the investigation will be affected; (b) the purpose of the entry may be hampered; (c) book, minute book, register, statement of account, any particular or other things searched for may be removed or tampered with; or (d) evidence searched for may be tampered with or destroyed, he may in exercising in, and in relation with, such premises all powers adequately as if he has been authorised to do so by a warrant issued under such section.
Power to seal
(1) Where the enforcement officer has reason to believe that any premises is used by any unlawful youth society, such enforcement officer may fortwith take any action as he deems fit or by any means to seal such premises. (2) The enforcement officer, in carrying out his duty under this section, shall not be liable for any cost arising pursuant to his action or damages to the sealed premises unless the damage is done intentionally. (3) Any action taken under this section in relation to such premises shall not hamper the prosecution against any youth society using such premises contrary to this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2014 (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).