LAWS OF MALAYSIA

PART XIV - INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS

Chapter 2 - Enforcement powers of authorized officer
Section 83. Forfeiture

(1) Any book, record, account, document, computerized data, signboard, card, letter, pamphlet, notice, equipment, instrument or matter seized under this Act shall be liable forfeiture.

(2) An order for the forfeiture of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard to it has been held if it is proved to the satisfaction of the court that an offence under this Act or any breach of the conditions subject to which a licence has been granted, has been committed and that the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized was the subject matter of or were used in the commission of the ofence, notwithstanding that no person has been convicted of such offence.

(3) If there is no prosecution with regard to any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this Act, such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter shall be taken or deemed to be forfeited at the expiration of a period of one calendar month from the date of service of notice to the last-known address of the person from whom the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter was seized indicating that there is no prosecution in respect of such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter, unless before the expiration of that period a claim to it is made before that date in the manner provided in this section.

(4) A person asserting that he is the owner of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter referred to in subsection (3) and that it is not liable to forfeiture may, personally or by his agent authorized officer in whose possession book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter is held that he claims the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter.

(5) On receipt of the notice under subsection (4), the Commission or any authorized officer shall refer the matter to a First Class Magistrate for his decision.

(6) A First Class Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter and the person from whom it was seized to appear before a First Class Magistrate and upon their appearance or default to appear, due service of the summons having been proved, a first Class Magistrate shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized was the subject matter or was used in the commission of such offence, the First Class Magistrate shall order the book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter to be forfeited, and shall, in the absence of such proof, order its release.

(7) Any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leafleat, notice, equipment, instrument or matter forfeited or deemed to be forfeited shall be delivered to the Commission or an authorized officer and shall be disposed of in the manner as the Commission thinks fit.