Open ↗(1) There shall be appointed a Chief Game Warden, such ment ofpe (3) 574/77 number of Game Wardens, Deputy Game Wardens, officers, etc. Assistant Game Wardens and Game Rangers as may be sub.AA697 considered necessary for the proper carrying out of the provisions of this Act.
(2) The Chief Game Warden may from time to time authorize any fit and proper person to exercise in an honorary capacity all or any oi the powers conterred on a Game Warden under this Act for such period as may be specified in the authorization. * Change of litle fffice -See (Pu(B) 574/22)
D/AAG97 [Pt. II, C. 1-2, S. 4-6] F.M.S. ap. 45 4.35 Declaration of authority.
(3) Subject to subsection (4) the Chief Game Warden shall have the superintendence over all other officers appointed or authorizeg under this section. /
(4) The Minister may from time to time give to the Chief same Warden directions of a general character and no nconsistent with the provisions of this Act as to the exercis of the powers conferred on or the duties to be discharged by the Chief Game Warden or any other officer appointed or authorized under this section. 5) Every appointment and authorzation under thi section shall be published in the Gazette
(6) All officers appointed of authorized under this section shall be deemed to be public servants within the meaning of the Penal Code. /
(7)>
Open ↗(1) When any officer-or-authorized officer exercises any of his powers or performs any of his duties under this Act he shall declare his office ex authority (as-the easemay-be) and produce for inspection an authority card (describing his office or authority) to be prescribed by the Chicf Game Warden if-
(a) his act oi office or authority are challenged;
(b) he is acting against any person; or c) he exercises his powers oi search seizure or arres vithout a warrant to do so
(2) Notwithstanding anything to the contrary in this Act it shall not be an offence for any person to refuse to comply with any directions given by an officer-or authorized officer if the officer-or-authorized officer fails to comply with the requirements of subsection (1). .. CHAPTER 2 Search, Seizure and Arrest Search with
Open ↗Where it appears to a Magistrate upon written informawarrant. tion under oath by any officer or authorized officer that— a) there is reasonable cause to suspect that an offenc ınder this Act is being committed
(b) any wild animal or "vild bird live or dead or part thereof is being housed confined kept concealed or bred (as the case may be); oI (:)
[Pt. II, C. 2, $. 6-8]
(c) any books or records required to be kept under this Act, trophy/poison or net capable of being used <Ins. AA697 to take any wild animal or wild bird, is kept or concealed in any vehicle or dwelling house shop business premisés or other building, he may issue a search warrant authorizing any officer at authorized officer named in the warrant to enter and search by day or night the dwelling house shop business premises or other building/ and to seize... A. 337
Open ↗Notwithstanding anything to the contrary in section 6 a Search Game Warden/er-an quthorized offieer may without a search warrant. warrant/enter and search any vehicle or dwelling house <Sub.AA697 shop business premises or other building where—,
(a) acting under a warrant of arrest or exercising his 2 „ Дepиby бate iace Acd, he has reson to tispect tfa t the peso dea duy, oaae to be arrested is in the vehicle or dwelling house Game Wardeu shop business premises or other building; '
(b) the, Game Warden or the authorzed ofhcer finds any person committing or attempting to commit an offence or suspected of having committed an offence under this Act and follows or pursues that person ..: to the vehicle or dwelling house shop business premises or other building; or
(c) Sati Ced on Waritten Tinformateo Feceived that ån offence under this Act is being committed in the vehicle or dwelling house shop business premises or *and other building or land, A.337 check-point stop search and detain for a period not exceeding 24 hours any vehicle without a search warrant | (a) he finds any wild animal or wild bird in the vehicle;
(b) he has reason to suspect or satisfied that the vehicle is being used to convey the wild animal or wild bird . into or out of West Malaysia, and may seize such wild animal or wild bird.
Entry on land other than dwelling house, etc., to prevent offence. powers of search and seizure etc. consequent on search. [Pt. II, C. 2, S. 9-10] • py poson affaet u euder dector 1a) purpose of preventing of detecting any offence under this pbait (AA691) dwelling house shop business premises or other building.
Open ↗(1) Where an officer or-anr-authorized afficer exercises the powers under sections 6 and 7, he may in addition—
(a) search any person in the vehicle or dwelling house shop business premises or other building but a female may be searched only by another female;
(b) detain any person found in the dwelling house shop business premises or other building unțil the search has been.completed;
(c) break open any door or any window of the dwelling house shop business premises or other building and forcibly enter therein; and
(d) inspect or make extract from or take possession of any books documents or papers kept for the purposes of this Act.
(2). Where an officer or an authorized-officer exercises the powers under section 9, he may-
(a) seize any wild animal or wild bird live or dead or part thereof trophy • firearm ammunition snare poison/poisoned bait nest or egg or any other object appliance weapon or material which is the subject. matter subpected of being used in ithe commssion of an offence under this Act;
(b) remove the objects appliances weapons or materials necessary, to the nearest police, station pending eventual removal to the office of the Game Warden to be retained in his custody for a period not sonared for an olenc or ay of ar ypocdi e under this Act in respect of the objects appliances weapons or materials are taken, in which case they may. be further cetäined urfi) the proceedings are finally concludedçand
(c) remove by force any obstruction impeding the exercise of his powers under that section.
[Pt. II, C. 2, S. 11-15]
Open ↗Where an officer-or an authorized officer exercises the List of powers of search pursuant to sections 6, 7, 9 and 18 he shall prepare a list (signed by him) of all objects seized in the course of the search and a copy of the list shall without undue delay be sent to the owner or the person in charge of the véhicle or to the owner or occupier of the dwelling house shop business premises or other building or to his representative, personally or by post.
Open ↗The officer or authorized offieer shall permit the occupier fo winers of the dwelling house shop business premises or other building or his representative, if either is present, to witness the search.
Open ↗(1) Every search warrant granted under this Act shall Fenewanof search
(a) in the form prescribed by Schedule Eight; and
(b) remain in force for a reasonable period.
(2) A search warrant granted under this Act may be exécuted in any part of Malaysia and if not executed, may be renewed by a Magistrate. the po ers of sarohunder this chatrer, it ofice be xereises aleation, notice direct the owner of any cage enclosure or hut in in which which any wild animal or wild bird is housed confined or wild animal or wild bird bred to alter reconstruct or repair the cage enclosure or hut, is enclosed. if the officer or-authorized officer is satisfied that the cage enclosure or hut is not suitable for the comfort or well being of the wild animal or wild bird:
(2) The written notice shall specify
(a) the nature and extent to which an alteration reconstruction or repair is required; and
(b) the period within which the owner shall comply with the requirements of the written notice.
Open ↗(1) Where it appears to a Magistrate upon written Arrest with information under oath by an officer or anauthorized warrant. officer that there is reasonable cause to suspect that a person has committed an offence under this Act, he may issue a warrant of arrest authorizing the officer-or-authorized officer to arrest the person..
(2) The officer or-authorized officer shall—
(a) show the warrant of arrest or a copy thereof to the person; Au.,z5 -Seli 1(6)
[Pt. II, C. 2, S. 15-18] Form and Arrest without warrant. powers of search and seizure consequent on arrest.
(b) notify the substance thereof to the person; and
(c) without unnecessary delay bring the person before a Magistrate to be dealt with according to law.
Open ↗(1) Every warrant of arrest granted under this Act shall-
(a) be in the form prescribed by Schedule Nine; and
(b) remain in force for a reasonable period.
(2) A warrant of arrest granted under this Act may be executed in any part of Malaysią and, if not executed, may be renewed by a Magistrate. /
Open ↗(1) Where an officer or-an-authorized-offieer-—.
(a) finds any person committing, attempting to commit or abetting the commission of an offence under this Act; or
(b) is satisfied on a demand or request by him that a person who is granted a licence permit or special permit under this Act, refuses to comply with the demand or request to produce the licence permit or special permit, he may arrest the person without a warrant of arresy
(2) Where a person-
(a) liable to be arrested without a warrant of arrest, is not arrested pursuant to subsection (1); or
(b) escapes while under arrest, he may subsequently be arrested or re-arrested (as the case may require) without a warrant of arrest. vor e ueaod not ekecing nwanlgiloe boume aner wicnh he shall forthwith bring the person before a Magistrate to Pfadealt with according to law.
Open ↗Where an officer or an authorized officer arrests a person (with or without a warrant of arrest) under this Chapter, he may in addition search the person and if the person is arrested in a dwelling house shop business premises or other building, or on the land (described in section 9) search the dwelling house shop business premises or other building or the land (described in section 9).
[Pt. II, C. 2-4, S. 19-21] Sub, AA697
Open ↗(1) Subject to subsections property seized under this Chapter is subject to speedy and property natural decay, a Game Warden or an authorized officer perishable. shall forthwith produce the property before a Magistrate who shall order that the property be sold forthwith or otherwise disposed of.
(2) Notwithstanding anything to the contrary in subsection (1) when no Magistrate is immediately avallable, a Game Warden shall subject to subsection (3) sell or otherwise dispose of the property as he thinks fit. sections (f) and na) the Gamme Wde en shoil nor fort wib. sell or otherwise dispose of the property it there are sufficient cold storage facilities in his office to preserve the property from decaying or perishing.
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).
