Investigation by the Assistant Controller
Where the Assistant Controller has reasonable grounds to suspect that any offence is or will be committed under this Act, the Assistant Controller may conduct such investigation as the Assistant Controller thinks expedient for the due administration of this Act.
Complaints to the Assistant Controller
(1) The Assistant Controller may, upon a complaint by a person, conduct an investigation on any person who has committed or is committing any offence under this Act. (2) The complaint shall specify the person against whom the complaint is made or the premises where the alleged offence is committed and details of the alleged offence under this Act.
Power of the Assistant Controller to require provision of information
(1) This section applies if the Assistant Controller in carrying out an investigation under this Part has reason to believe that any person— (a) has any information or any document that is relevant to the performance of the Assistant Controller’s powers and functions under this Act; or (b) is capable of giving any evidence which the Assistant Controller has reason to believe is relevant to the performance of the Assistant Controller’s powers and functions under this Act. (2) Notwithstanding any provision of any other written law, the Assistant Controller, by written notice, may direct any person— (a) to provide the Assistant Controller, within the period and in the manner and form specified in the notice, any information or document referred to in subsection (1)— (b) to produce to the Assistant Controller, within the period and in the manner specified in the notice, any information or document referred to in subsection (1), whether in physical form or in electronic media; (c) to make copies of, or extracts from, any document referred to in subsection (1) and to produce copies or extracts of such documents, as the case may be, to the Assistant Controller within the period and in the manner specified in the notice; (d) if the person is an individual, to appear before the Assistant Controller at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; (e) if the person is a body corporate or a public body, to cause a relevant and competent officer of the body to appear before the Assistant Controller at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; (f) if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before the Assistant Controller at a time and place specified in the notice to give any information, either orally or in writing, and produce any document referred to in subsection (1), whether in physical form or in electronic media; or (g) to make a statement to the Assistant Controller providing an explanation of any information or document referred to in subsection (1) within the period and in the manner and form specified in the notice. (3) Where the Assistant Controller directs any person to produce any document under subsection (2) and the person is not in custody of the document, that person shall— (a) state, to the best of his knowledge and belief, where the document may be found; and (b) identify, to the best of his knowledge and belief, the last person who had custody of the document and to state, to the best of his knowledge and belief, where that lastmentioned person may be found. (4) Any person directed to provide information under subsection (2) or (3) shall ensure that the information provided is true, accurate and complete and such person shall provide an express representation to that effect, including a declaration that he is not aware of any other information which would make the information provided untrue or misleading. (5) Any person who refuses or fails to comply with the direction made by the Assistant Controller under this section commits an offence.
Assistant Controller may retain documents
(1) The Assistant Controller may take and retain for such duration as he deems necessary, possession of any document obtained under this Part. (2) The person who provided the document is entitled to be supplied, as soon as practicable, with a copy certified by the Assistant Controller to be a true copy of the document. (3) Notwithstanding the provisions of any other written law, the certified copy of the document shall be admissible as evidence as if it was the original document. (4) If the Assistant Controller is satisfied that the retaining of the document is no longer necessary, the Assistant Controller may return the document to the person who provided the document, as soon as practicable.
Access to records
(1) Any person shall, if at any time directed by the Assistant Controller, allow the Assistant Controller access to his books, records, accounts, documents, computerized data, goods or thing for the purpose of carrying out any of the Assistant Controller’s functions or powers under this Act. (2) Any person who fails to comply with the direction under subsection (1) commits an offence.
Confidentiality
(1) Any person who discloses or makes use of any confidential information or document with respect to a particular enterprise or the affairs of an individual obtained by virtue of any provision of this Act commits an offence. (2) Nothing in subsection (1) shall operate to prevent the disclosure of information where— (a) the disclosure is made with the consent of the person from whom the information or document was obtained; (b) the disclosure is made in circumstances where the information provided is framed in such a manner that the source of the information could not be ascertained; (c) the information is already in the public domain; (d) the disclosure is made to facilitate the performance of the functions or powers of the Controller, Deputy Controller or Assistant Controller; (e) the disclosure is reasonably made during any proceedings under this Act provided that such disclosure is not made against any direction by the Controller, Deputy Controller or Assistant Controller before whom those proceedings are taking place; or (f) the disclosure is made in connection with the investigation of an offence under this Act. (3) For the purposes of this section, “confidential information” means trade, business or industrial information that belongs to any person, that has economic value and is not generally available to or known by others.
Privileged communication
(1) No person shall be required, under any provision of this Part, to produce or disclose any communication between a professional legal adviser and his client which would be protected from disclosure in accordance with section 126 of the Evidence Act 1950 [Act 56]. (2) Where— (a) the Controller makes a requirement under section 33 of an advocate and solicitor in respect of any information or document; and (b) the information or document contains a privileged communication made by or on behalf of or to the advocate and solicitor in his capacity as an advocate and solicitor, the advocate and solicitor is entitled to refuse to comply with the requirement unless the person to whom or by or on behalf of whom the communication was made or, if the person is a body corporate that is under receivership or is in the course of being wound up, the receiver or the liquidator, as the case may be, agrees to the advocate and solicitor complying with the requirement but, where the advocate and solicitor so refuses to comply with the requirement, the advocate and solicitor shall forthwith furnish in writing to the Controller the name and address of the person to whom or by or on behalf of whom the communication was made.
Giving false or misleading information, evidence or document
A person who fails to disclose or omits to give any relevant information, evidence or document, or provides any information, evidence or document that he knows or has reason to believe is false or misleading, in the course of investigation by the Assistant Controller, commits an offence.
Destruction, concealment, mutilation and alteration of records
A person who— (a) destroys, conceals, mutilates or alters; or (b) sends or attempts to send or conspires with any other person to remove from his premises or send out of Malaysia, any book, record, accounts, document, computerized data, goods or thing kept or maintained with intent to defraud the Assistant Controller or to prevent, delay or obstruct the carrying out of an investigation or the exercise of any power by the Assistant Controller under this Act commits an offence.
(Deleted by Act A1607).
Power of arrest
(1) An Assistant Controller may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit any offence under section 5, 16, 17, 20 or 51 of this Act. (2) An Assistant Controller making an arrest under subsection (1) shall without unnecessary delay take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the Criminal Procedure Code [Act 593] as if he had been arrested by a police officer.
Power to enter premises and inspect and seize goods and documents
(1) Any Assistant Controller may, at all reasonable hours exercise the following powers: (a) he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and enter any premises other than premises used only for dwelling; (b) if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed; (c) he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act; (d) he may, for the purpose of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made under this Act are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he may do so himself. (2) An Assistant Controller seizing any goods or documents in the exercise of his powers under this section shall inform the person from whom they are seized and, in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed. (3) Where the goods or documents seized by the Assistant Controller in the exercise of his powers under this section are by reason of their nature, size or amount not practical to be removed from where they are found, he may by any means seal such goods or documents in the premises or container in which they are found and it shall be an offence for any person without lawful authority to break, tamper with or damage such seal or to remove such goods or documents or to attempt to do so.
Power to enter premises with search warrant
(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there are reasonable grounds to believe that any person has committed or is committing an offence under this Act, so that any evidence or thing which is necessary to the conduct of an investigation into any offence may be found in any premises, the Magistrate may issue a warrant authorizing any Assistant Controller named in the warrant to enter the premises at any time, with or without assistance, and if need be by force to search for and seize any such evidence or thing. (2) An Assistant Controller entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them. (3) Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of any book, record, accounts, document, computerized data, goods or thing which contains or is reasonably suspected to contain information as to any offence suspected to have been committed or is otherwise necessary to conduct an investigation into any offence. (4) The Assistant Controller conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises. (5) The Assistant Controller making a search of a person under subsection (4) may seize, or take possession of, and place in safe custody all things other than the necessary clothing found upon the person, and any other things, in respect of which there is reason to believe are the instruments or evidence of the offence, and such things may be detained until the order by the Court for its disposal. (6) If, by reason of its nature, size or amount, it is not practicable to remove any book, record, accounts, document, computerized data, goods or thing seized under this section, the Assistant Controller who effected the seizure shall by any means seal the premises or container in which such book, record, accounts, document, computerized data, goods or thing is found. (7) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, record, accounts, document, computerized data, goods or thing under seal or attempts to do so commits an offence.
Power of entry and search and seizure without a warrant
If the Assistant Controller is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 41 the investigation would be adversely affected or evidence of the commission of an infringement or offence is likely to be tampered with, removed, damaged or destroyed, the Assistant Controller may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 41 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
Access to recorded information or computerized data, etc.
(1) Any Assistant Controller exercising his powers under section 41 or 42 shall be given access to any recorded information or computerized or digitalized data, whether stored in a computer or otherwise. (2) In exercising his powers, the Assistant Controller— (a) may inspect and check the operation of any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been used in connection with that information or data; and (b) may require— (i) the person, by whom or on whose behalf, the officer has reasonable cause to suspect, the computer is or has been so used; or (ii) the person having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material, to provide him with such reasonable assistance as he may require for the purposes of this section. (3) The Assistant Controller may make copies or take extracts of the recorded information or computerized data or digitalized data if he deems necessary. (4) For the purposes of 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 recorded information and computerized data or digitalized data.
Tipping-off
(1) Any person who — (a) knows or has reason to suspect that an Assistant Controller is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or (b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, commits an offence. (2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter— (a) to his client or the client’s representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or (b) to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings. (3) Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. (4) In proceedings against a person for an offence under this section, it is a defence to prove that— (a) he did not know or suspect that the disclosure made under paragraph (1)(b) was likely to prejudice the investigation; or (b) he had lawful authority or reasonable excuse for making the disclosure. (5) An Assistant Controller or any other person does not commit an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of this Act.
Warrant admissible notwithstanding defects
A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the warrant or in the application for such warrant and any book, record, accounts, document, computerized data, goods or thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.
List of things seized
(1) Except as provided in subsection (2), where any book, record, accounts, document, computerized data, goods or thing is seized under this Part, the Assistant Controller who effected the seizure shall as soon as practicable prepare a list of the things seized and immediately deliver a copy of the list signed by him to the occupier of the premises which has been searched, or to his agent or servant, at the premises. (2) Where the premises are unoccupied, the Assistant Controller who effected the seizure shall wherever possible post a list of the things seized conspicuously on the premises.
Forfeiture of goods
(1) All goods seized in exercise of any power conferred under this Act shall be liable to forfeiture. (2) An order for the forfeiture or for the release of any goods seized in exercise of any power conferred under this Act shall be made by the Court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods 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 goods were the subject matter of or were used in the commission of the offence notwithstanding that no person may have been convicted of such offence. (3) If there is no prosecution with regard to any goods seized in exercise of any power conferred under this Act, such goods shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim to such goods is made before the date in the manner hereinafter set forth. (4) Any person asserting that he is the owner of such goods and that they are not liable to forfeiture may personally or by his agent authorized in writing give written notice to an Assistant Controller that he claims the same. (5) On receipt of such notice the Assistant Controller shall refer the claim to the Controller who may direct that such goods be released or forfeited or may direct the Assistant Controller to refer the matter to a Court for decision. (6) The Court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were seized to appear before it and upon his 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 goods were the subject matter or were used in the commission of such offence shall order the same to be forfeited or may, in the absence of such proof, order their release. (7) All things forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the Controller. (8) Where any goods seized in exercise of the powers conferred by this Act are of a perishable nature or where the custody of such goods involves unreasonable expense and inconvenience, such goods may be sold at any time and the proceeds of the sale held to abide by the result of any prosecution or claim under this section.
Release of things seized
(1) If any book, record, accounts, document, computerized data, goods or thing has been seized under this Act, the Assistant Controller who effected the seizure may release the book, record, accounts, document, computerized data, goods or thing to the person as he determines to be lawfully entitled to it, if he is satisfied that the book, record, accounts, document, computerized data, goods or thing is not otherwise required for the purpose of any proceedings under this Act, or for the purpose of any prosecution under any other written law, and in such event neither the Assistant Controller effecting the seizure, nor the Federal Government, the Controller or any person acting on behalf of the Federal Government or the Controller shall be liable to any proceedings by any person if the seizure and the release of the book, record, accounts, document, computerized data, goods or thing had been effected in good faith. (2) A record in writing shall be made by the Assistant Controller effecting the release of anything under subsection (1) specifying in detail the circumstances of and the reason for the release.
Seizure of perishable goods
Where any goods seized in exercise of the powers conferred by this Act are of a perishable nature or where the custody of such goods involves unreasonable expense and inconvenience, such goods may be sold by the Assistant Controller at any time and the proceeds of the sale held to abide by the result of any prosecution or claim under this section.
No cost or damages arising from seizure to be recoverable
No person shall, in any proceedings before any court in respect of any book, record, accounts, document, computerized data, goods or thing 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
Any person who— (a) refuses to give any Assistant Controller access to any premises which the Assistant Controller is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act; (b) assaults, obstructs, hinders or delays any Assistant Controller in effecting any entry which the Assistant Controller is entitled to effect under this Act or in the execution of any duty imposed or power conferred by this Act; or (c) refuses to give any Assistant Controller any information relating to an offence or suspected offence under this Act or any other information which may reasonably be required of him and which he has in his knowledge or power to give, commits an offence.
Power to make test purchases
Any Assistant Controller shall have the power to make such purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Act and order made under this Act are being complied with.
Power to take sample
(1) An Assistant Controller may, without payment, demand, select, take or obtain samples of any goods for the purposes of analysis from any person manufacturing, producing, selling or importing such goods or from its agent or servant. (2) Any person who refuses to comply with any demand made by an Assistant Controller under subsection (1) commits an offence.
Evidence of agent provocateur is admissible
(1) Notwithstanding any rule of law or the provisions of this Act or any other written law to the contrary, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to abet or abetted the commission of an offence by any person under this Act if the attempt to abet or abetment was for the sole purpose of securing evidence against such person. (2) Notwithstanding any rule of law or the provisions of this Act or any other written law to the contrary, and that the agent provocateur is an Assistant Controller, any statement, whether oral or in writing made to the agent provocateur by any person who subsequently is charged with an offence under this Act shall be admissible as evidence at his trial.
Presumption and examination with regards to sample
(1) Where any goods which are the subject matter of an offence under this Act are found in two or more packages or receptacles of the same description, it shall be presumed until the contrary is proved that all the packages or receptacles contain goods of the same nature, quantity and quality. (2) Where packages or receptacles containing goods which contravene the provisions of this Act or are otherwise liable to seizure have been seized, it shall be sufficient only to open and examine one per centum or not less than five samples, whichever is the lesser, of the contents of each package or receptacle seized. (3) The court shall presume that the remaining samples contained in the package or receptacle is of the same nature as those samples examined.
Power of investigation
Any Assistant Controller investigating any commission of an offence under this Act may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 11 January 2022 (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).