Authorized officer
Open ↗(1) The Director General may in writing authorize any public officer as an authorized officer to exercise the powers of enforcement under this Act.
(2) The authorized officer shall be issued with an authority card in such manner as the Director General shall determine.
(3) For the avoidance of doubt, it is declared that for the purpose of this Act, an authorized officer shall have all or any of the powers of a police officer of whatever rank in relation to police investigations in seizable cases as provided under the Criminal Procedure Code [Act 593], and all powers shall be in addition to the powers provided for under this Act and not in derogation thereof.
Production of official authority card
Open ↗An authorized officer exercising powers under this Act shall at all times carry and produce the authority card issued under subsection 70(2) in the course of entering or inspecting any premises.
Duty to assist authorized officer
Open ↗(1) Whenever an authorized officer exercises his powers under this Act, the practitioner or the owner or occupier of any premises used or believed to be used as a place to practise dentistry and any person found in that premises shall—
(a) provide the authorized officer with the assistance as the authorized officer may reasonably require;
(b) give the authorized officer all reasonable information in related matter; and
(c) produce to the authorized officer any book, record or document in his possession or custody or under his control or within his power to furnish, relating to the affairs of the place of practice.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit.
Power to seal
Open ↗(1) Where, by reason of its nature, size or amount, it is not practicable to remove any record, equipment, appliance, dental or medical material, or other things, the authorized officer shall by any means—
(a) place the record, equipment, appliance, dental or medical material, or other things in a room, compartment or cabinet located in that premises; and
(b) mark, fasten and seal the container, door or opening providing access to the room, compartment or cabinet.
(2) Where an authorized officer has reasonable cause to believe that any premises is being used as a place to practice dentistry by an unregistered person, the authorized officer may by any means seal the premises.
(3) The person occupying or using the premises as a place to practise, may within twenty-one days of such sealing, produce to the Director General the certificate of registration and practising certificate of the alleged unregistered person referred to in subsection (2).
(4) The seal under subsection (2) shall be removed if the person referred to in subsection (3) complies with the requirement of that subsection.
(5) Any person who breaks, tampers with or damages such seal or removes such record, equipment, appliance, dental or medical material, or other things under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.
Forfeiture of goods seized
Open ↗(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 seized 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 seized were the subject matter of or were used in the commission of the offence, even though 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 as set out in subsections (4), (5) and (6).
(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 authorized officer that he claims the same.
(5) On receipt of such notice the authorized officer shall 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 goods forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Director General.
Cost of holding goods seized
Open ↗Where any goods seized in the exercise of any power under this Act held in the custody of the Government pending the completion of any proceedings in respect of an offence under this Act, the cost of holding such goods 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 cost or damages arising from seizure to be recoverable
Open ↗No person shall, in any proceedings before any court in respect of any goods 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.
Institution of prosecution
Open ↗No prosecution for or in relation to any offence under this Act shall be instituted without a written sanction of the Public Prosecutor.
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).
