Enforcement officers
s 19
The officers specified in the first column of the Second Schedule shall be the enforcement officers for the purposes of this Act and in respect of the Management Authority appearing in the corresponding second column.
International Trade in Endangered Species Act 2008 Part V — POWER RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC
Power of investigation
s 20
(1) An enforcement officer shall have all the powers necessary to carry out an investigation under this Act. (2) In any case relating to the commission of an offence under this Act, any enforcement officer carrying out an investigation may exercise all or any of the special powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593]. (3) This section shall not be construed as limiting or affecting any similar powers conferred on any person under any other written law.
Authority card
s 21
(1) There shall be issued to each enforcement officer under section 19 an authority card to be signed by the Minister. (2) Whenever such enforcement officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).
Power of arrest
s 22
(1) An enforcement officer may arrest without warrant any person— (a) found committing or attempting to commit or abetting the commission of an offence under this Act; or (b) whom the enforcement officer reasonably suspects of being engaged in committing or attempting to commit or abetting an offence under this Act. (2) An enforcement officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt in accordance with the law relating to criminal procedure for the time being in force.
Search and seizure with warrant
s 23
(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that— (a) any premises has been used or are about to be used for; or (b) there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act, the Magistrate may issue a warrant authorizing any enforcement officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force. (2) A warrant issued under subsection (1) may authorize the enforcement officer to— (a) search the premises for, and to seize or remove from the premises any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence; (b) take samples of any scheduled species or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and (c) make copies of or take extracts from any book, record, document or other article found in the premises. (3) An enforcement officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary. (4) An enforcement officer may, in the exercise of his powers under this section, if it is necessary so to do,— (a) break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises; (b) remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect under this section; and (c) detain any person found in the premises until the search has been completed. (5) Where, by reason of its nature, size or amount, it is not practicable to remove any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this section, the enforcement officer shall, by any means, seal such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article in the premises or container in which it is found. (6) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article under seal, or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding three years or to both.
Search and seizure without warrant
s 24
Whenever an enforcement officer has reasonable cause to believe that any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article in respect of which an offence under this Act has been committed is likely to be found in or on any premises, person or conveyance and that by reason of delay in obtaining a warrant under section 23 the object of the search may be frustrated, he may, without warrant, with such assistance and force as is necessary— (a) enter and search such premises; (b) stop and search such person or conveyance; and (c) seize any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article which may be found and may be evidence of the commission of such offence.
Power to enter premises
s 25
Notwithstanding sections 23 and 24, an enforcement officer may at any time enter any premises for the purpose of— (a) inspecting any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article as he considers necessary; (b) verifying the accuracy of records or statements or any information given to an enforcement officer; or (c) collecting samples of any scheduled species.
Access to computerized data
s 26
Any enforcement officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise, and for such purpose, shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.
Seizure of thing, etc.
s 27
Without prejudice to subsection 23(2) and section 24, any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article that an authorized officer reasonably suspects has been used or will be used in the commission of any offence under this Act may be seized and detained by the enforcement officer.
Power to stop, search and seize conveyances
s 28
(1) If an enforcement officer has reasonable cause to suspect that any conveyance is carrying any scheduled species, machinery, contrivance, equipment, book, record, document or other article in respect of which an offence under this Act is being or has been committed, he may stop and examine the conveyance and may, if on examination he has reasonable cause to believe that such conveyance is or has been used for the commission of such offence, seize such conveyance and any scheduled species machinery, contrivance, equipment, book, record, document or other article found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence. (2) The person in control or in charge of the conveyance shall, if required to do so by the enforcement officer— (a) stop the conveyance and allow the enforcement officer to examine it; and (b) open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the enforcement officer considers necessary. (3) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.
Notice of seizure
s 29
(1) Where any seizure is made under this Act, the enforcement officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized by delivering a copy of such notice to the owner, if the owner or his whereabouts are known. (2) A notice under subsection (1) need not be given if the seizure is made in the presence of— (a) the owner or his agent; (b) the occupier of the premises; or (c) the person in control or in charge of the conveyance where the seizure is made under section 28.
Temporary return of conveyance, etc.
s 30
(1) The enforcement officer may at his discretion— (a) temporarily return the conveyance, machinery, contrivance or equipment to its owner or to the person from whose possession, custody or control it was seized, or to such person as the enforcement officer may consider entitled thereto, subject to such terms and conditions as the enforcement officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the enforcement officer that the conveyance, machinery, contrivance or equipment shall be surrendered to the enforcement officer on demand being made by the enforcement officer and that the said terms and conditions, if any, shall be complied with; or (b) return the conveyance, machinery, contrivance or equipment to its owner or to the person from whose possession, custody or control it was seized, or to such person as the enforcement officer may consider entitled thereto, with liberty for the person to whom the conveyance, machinery, contrivance or equipment is so returned to dispose of the same, such return being subject to security being furnished to the satisfaction of the enforcement officer in an amount not less than an amount which, in the opinion of the enforcement officer, represents the open market value of such conveyance, machinery, contrivance or equipment on the date on which it is so returned subject to the condition that if the conveyance, machinery, contrivance or equipment is forfeited under this Act, the security shall be forfeited. (2) Where any seized conveyance, machinery, contrivance or equipment is temporarily returned under subsection (1), a person who— (a) fails, on demand, to surrender the conveyance, machinery, contrivance or equipment to the enforcement officer; or (b) contravenes any of the terms or conditions imposed under subsection (1), commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.
Power to require attendance of persons acquainted with case
s 31
(1) The enforcement officer making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as required. (2) If any such person refuses to attend as required by an order made under subsection (1), the enforcement officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.
Examination of persons acquainted with case
s 32
(1) An enforcement officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer all questions relating to such case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. (3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions. (4) The enforcement officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3). (5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after— (a) it has been read to him in the language in which he made it; and (b) he has been given an opportunity to make any correction he may wish.
Admissibility of statements in evidence
s 33
(1) Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation made under this Act shall be used in evidence. (2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to an enforcement officer in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56]. (3) Where the accused had made a statement during the course of investigation, such statement may be admitted in evidence in support of his defence during the course of the trial. (4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950. (5) When any person is charged with any offence in relation to— (a) the making; or (b) the contents, of any statement made by him to an enforcement officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.
Forfeiture of seized scheduled species, etc.
s 34
(1) Any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized in exercise of any power conferred under this Act shall be liable to forfeiture. (2) An order for the forfeiture of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject-matter of or was used in the commission of the offence, even though no person has been convicted of such offence. (3) If there is no prosecution with regard to any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last known address of the person from whom the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article was seized indicating that there is no prosecution in respect of such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7). (4) Any person asserting that he is the owner of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article. (5) On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate of the First Class for his decision. (6) The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter. (7) If it is proved that an offence under this Act has been committed and that the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release. (8) Any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the Management Authority and shall be disposed of in such manner as the Management Authority thinks fit, including repatriation under subsection (9) if the Management Authority so decides. (9) When a decision of repatriation is made under this Act in respect of any scheduled species which has been imported or introduced from the sea into Malaysia in contravention of this Act, and the scheduled species was brought into Malaysia in a conveyance, the owner or importer of the scheduled species or his agent shall, if required in writing by the Management Authority, provide or be responsible for— (a) free passage for the return of the scheduled species to the place at which the scheduled species was shipped to Malaysia, or to any other port or place designated by the Management Authority; and (b) proper maintenance and housing of the scheduled species during the voyage, flight or journey. (10) No person shall be liable under subsection (9) unless the decision of repatriation has been made by the Management Authority within— (a) where there are no proceedings instituted, twelve months from the date on which the scheduled species was imported or introduced from the sea into Malaysia; or (b) six months from the date proceedings for the offence in connection with such importation or introduction from the sea into Malaysia are concluded. (11) Any person who contravenes subsection (9) commits an offence and shall, on conviction, be liable— (a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both; (b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit.
Property in forfeited scheduled species, etc.
s 35
Any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited under this Act shall be the property of the Management Authority.
Release of seized scheduled species, etc.
s 36
Notwithstanding section 34, the Management Authority may, where it thinks fit, at any time direct that any schedule species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act be released to the person from whose possession, custody or control it was seized.
Cost of holding seized scheduled species, etc.
s 37
Where any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act is held in the custody of the Management Authority 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 Management Authority or Government, as the case may be, by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable
s 38
No person shall, in any proceedings before any court in respect of the seizure of any scheduled species, conveyance, machinery, contrivance, equipment, book, record, 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
s 39
(1) An enforcement officer shall, for the purposes of the execution of this Act, have power to do all or any of the following acts: (a) to require the production of records, accounts and documents and to inspect, examine and copy any of them; (b) to require the production of any identification document from any person in relation to any case or offence under this Act; (c) to make such enquiry as may be necessary to ascertain whether the provisions of this Act have been complied with. (2) A person who fails to comply with a request made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.
Offence to assault or obstruct enforcement officer
s 40
A person who— (a) assaults, obstructs, impedes or interferes with any enforcement officer in the performance of his functions under this Act; (b) rescues or endeavours to rescue any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act; or (c) before or after any seizure causes the disappearance of, or damages or destroys any scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article in order to prevent the seizure thereof or the securing of the scheduled species, conveyance, machinery, contrivance, equipment, book, record, document or other article, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding seven years or both.
Back to International Trade in Endangered Species Act 2008 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).
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