Application of Act for enforcement
Without prejudice to the generality of section 3 and the application of the related laws, for the purpose of strategic items, unlisted items and restricted activities regulated under this Act, the enforcement powers provided under this Part shall be available to the authorized officers.
Production of authority card
Every authorized officer shall declare his office and shall on demand produce to the person against whom he is acting his authority card.
Powers of authorized officers
(1) Without prejudice to the powers of the authorized officers under any other written law, including the related laws, an authorized officer shall have the following powers for the purpose of enforcement of this Act: (a) to receive and consider any report of the commission of an offence under this Act; (b) to stop, enter, board, inspect and search any place, premises, structure or conveyance and to detain any conveyance; (c) to recall any conveyance that has departed from any port or place in Malaysia and to detain such conveyance; (d) to exercise the right of hot pursuit; (e) to demand the production of any permit, record, certificate or other document and to inspect, make copies of or take extracts from such permit, record, certificate or other document; (f) to investigate any offence under this Act; (g) to examine and seize any strategic items or unlisted items together with any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data relating to any offence under this Act; (h) to arrest any person that he has reason to believe has committed or is attempting to commit an offence under this Act; and (i) to expel any conveyance which he has reason to believe to be involved in a restricted activity or acting against national interest or national security. (2) Notwithstanding subsection (1), no conveyance shall be stopped, entered, boarded, searched, inspected or detained within the area of the territorial sea if the passage of the conveyance within the territorial sea is an innocent passage. (3) For the purpose of subsection (2), the passage of a conveyance is an innocent passage if and so long as the passage of the conveyance is not prejudicial to the peace, good order or national security of Malaysia. (4) Notwithstanding any written law, for the purposes of subsection (3), the following activities shall be considered to be prejudicial to the peace, good order and national security: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of Malaysia or any act which in any manner is a violation of the principles of international law; (b) any exercise or practice with weapons of any kind; (c) any act aimed at collecting information to the prejudice of the national security or defence of Malaysia; (d) any act of propaganda aimed at affecting the peace, national security or defence of Malaysia; (e) the launching, landing or taking on board of any aircraft; (f) the launching, landing or taking on board of any military device; (g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or health laws of Malaysia; (h) any act of pollution; (i) any fishing activities; (j) the carrying out of unauthorized research or survey activities; (k) any act aimed at interfering with any systems of communication or any other facilities or installations of Malaysia; and (l) any other activity not having a direct bearing on passage.
Powers of investigation
(1) An authorized officer shall have all the powers necessary to carry out an inspection and to investigate the commission of any offence under this Act. (2) Without prejudice to the generality of subsection (1), for the purpose of the investigation of any offence under this Act, an authorized officer shall have all the powers which the authorized officer may exercise under any written law and the Criminal Procedure Code [Act 593].
Search and seizure without warrant
For the purposes of this Act, where an authorized officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the authorized officer may, without warrant, enter any place, premises or conveyance and seize any strategic items or unlisted items, or any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data.
Access to places or premises
(1) An authorized officer shall for the purposes of this Act at all times have access to any place or premises. (2) Where any authorized officer enters upon any place or premises in accordance with the provisions of this section, then— (a) he may require any person therein to produce any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, or items which such person is required to keep under the provisions of this Act; (b) he may examine any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, facility, apparatus, equipment, device or item and make copies of or take extracts from any such books, accounts, documents or records; (c) he may seize and detain any books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, facility, apparatus, equipment, device or item which contains or is reasonably suspected to contain information as to any offence suspected to have been committed under this Act; (d) he may require any person therein or his employees to answer questions relating to— (i) any book, data, document or other record, or item; (ii) any entry in any book, data, document or other record; or (iii) any items; (e) he may require any container, envelope or other receptacle in any such place or premises to be opened; (f) he may at the risk and expense of any person therein open and examine any package, or any items or materials, in any such place or premises. (3) If, by reason of its nature, size or amount, it is not practicable to remove any items, books, accounts or other documents, including computerized data, or other record, whether in print or electronic format, seized under this section, the seizing officer shall, by any means, seal such items, books, accounts or other documents, including computerized data, or other record in the place or premises or container in which it is found. (4) Where the authorized officer acting under the provisions of this Act is unable to obtain free access to any place or premises or to any container in that place or premises, he may, at any time, enter such place or premises and open such container in such manner, if necessary by force, as he may think necessary. (5) Where, on the entry upon any place or premises under the provisions of this Act, any strategic items or unlisted items are found in relation to which any offence has been committed, then such strategic items or unlisted items shall be liable to forfeiture.
Access to computerized data
(1) An authorized officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise. (2) In this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.
Power to search conveyances
(1) An authorized officer may— (a) board any conveyance; (b) require the master of a vessel, pilot of an aircraft or person in control of any other conveyance to give such information relating to the conveyance, cargo, stores, crew, passengers or voyage as he may consider necessary; (c) search all parts of such conveyance for strategic items; (d) examine all items on board and all items then being loaded or unloaded; (e) demand all documents which ought to be on board such conveyance; and (f) require all or any such documents to be brought to him for inspection, and the master of a vessel, pilot of an aircraft or person in control of any other conveyance refusing to allow such authorized officer to board or search such conveyance, or refusing to give such information or to produce such documents on demand commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding three years or with a fine not exceeding one million ringgit or with both. (2) If any place, box or chest on board such conveyance is locked and the key withheld, the authorized officer may break open any such place, box or chest. (3) If any items are found concealed on board any conveyance, such items shall be deemed to be strategic items.
Use of force
Where force is required to enter any place, premises or conveyance, the authorized officer executing the powers under this Act may use such force as is reasonable in the circumstances.
List of items seized
Where any strategic items or unlisted items, and any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data are seized, the authorized officer seizing the items shall prepare a list of the items seized and immediately deliver a copy signed by him to the owner or person in charge of the place, premises or conveyance which has been searched, or to such owner’s or person’s agent or servant, at that place, premises or conveyance.
Power of arrest
An authorized officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.
Interception of communications
(1) Notwithstanding the provisions of any other written law, the Public Prosecutor may, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Act relating to strategic items, unlisted items or restricted activities, on the application of an authorized officer, authorize any authorized officer— (a) to intercept, detain and open any postal article in the course of transmission by post; or (b) to intercept, listen to and record any communication transmitted or received by any communications. (2) When any person is charged with an offence under this Act relating to strategic items, unlisted items or restricted activities, any information obtained by an authorized officer in pursuance of subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence. (3) An authorization by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorization is given, the Public Prosecutor shall, as soon as practicable, reduce the authorization in writing. (4) A certificate by the Public Prosecutor stating that the action taken by an authorized officer in pursuance of subsection (1) had been authorized by him under that subsection shall be conclusive evidence that it had been so authorized and such certificate shall be admissible in evidence without proof of signature thereof. (5) No person shall be under any duty, obligation or liability, or be in any manner compelled to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of anything done under subsection (1). (6) For the purpose of this section, “postal article” has the same meaning as in the *Postal Services Act 1991 [Act 465].
Power to require attendance of person acquainted with case
(1) An authorized officer conducting an investigation under this Act may by order in writing require the attendance before himself of a person who appears to the authorized officer to be acquainted with the circumstances of the case, and the person shall attend as so required. (2) If the person fails to attend as required, the authorized officer may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person.
Examination of person acquainted with case
(1) An authorized officer conducting an investigation under this Act may examine orally a person supposed to be acquainted with the facts and circumstances of the case. (2) The person shall during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him. (3) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been * NOTE—The Postal Services Act 1991 [Act 465] has since been repealed by the Postal Services Act 2012 [Act 741] which come into operation on 1 April 2013-see subsection 110(1) of Act 741. read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Offences with respect to information
(1) A person who submits false or misleading information in any application, report or other document for any purpose under this Act or the related laws commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit. (2) A person who— (a) furnishes or causes to be furnished to an authorized officer any false or misleading particular, information or statement in respect of any matter which such officer requires to be furnished under this Act or the related laws; (b) refuses to answer or gives a false answer to any question put to him by an authorized officer for the purpose of obtaining any particulars, information or statement required to be given under this Act or the related laws; or (c) fails or refuses to produce any document as may be required by an authorized officer, commits an offence and shall, on conviction, be punished with a fine not exceeding one million ringgit or with imprisonment for a term not exceeding two years or with both, and in the case of a body corporate, be punished with a fine not exceeding two million ringgit.
Disposal of seized strategic items and unlisted items
The Controller shall after consultation with the Public Prosecutor, at any time he considers appropriate, order the disposal of the items, strategic items or unlisted items together with any container, package, conveyance or other article in which the items, strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized subject to the following procedures being complied with: (a) an inventory specifying the description, markings and other particulars which clearly identifies the items seized has been prepared by an authorized officer; (b) photographs of the items seized have been taken in the presence of an authorized officer, and the said authorized officer has certified that the photographs are true; and (c) copies of any record, book, account, document or computerized data seized are duly certified by an authorized officer.
Admissibility of evidence
Notwithstanding any other written law, the disposal of any item under section 41 shall not prejudice the trial of any person under this Act provided that the disposal of the item was done in accordance with that section and the court shall admit the inventory, photographs and copies made, as the case may be, of the items seized as representing the items seized.
Forfeiture of strategic items and unlisted items when there is no prosecution
(1) Where there is no prosecution or conviction in respect of any strategic items or unlisted items together with any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized in the exercise of any power conferred under this Act, such items shall be held for the period of one calendar month from the date of seizure and at the end of that period shall be deemed forfeited, unless a written claim thereto is received within such period. (2) A person asserting that he is the owner of any strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data seized under this Act and that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents, or computerized data are not liable to forfeiture may personally or by his agent authorized in writing by him, give written notice to the authorized officer who made the seizure of his claim. (3) On receipt of the written claim under subsection (2), the authorized officer shall refer the matter to the Sessions Court for decision. (4) The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data and the person from whom they were seized to appear before the court and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that an offence under this Act has been committed and that such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data were the subject matter of or were used in the commission of such offence, shall order that the strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data be forfeited or may, in the absence of such proof, order the release of such strategic items, unlisted items, container, package, conveyance, article, records, books, accounts, documents or computerized data to the person entitled to them.
Cost of holding strategic items and unlisted items seized
Where any strategic items or unlisted items, or any container, package, conveyance or other article in which the strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data seized under this Act is held in the custody of the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding such strategic items, unlisted items, container, package, conveyance, article, record, book, account, document or computerized data in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable
No person shall, in any proceedings before any court in respect of any items, strategic items or unlisted items, or any container, package, conveyance or other article in which the items, strategic items or unlisted items are stored, kept or found, record, book, account, document or computerized data 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.
Obstruction of authorized officer
(1) No person shall obstruct, impede or interfere with an authorized officer in the performance of his functions under this Act. (2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be punished with a fine not exceeding five million ringgit or with imprisonment for a term not exceeding five years or with both.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 4 July 2023 (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).