(1) Any immigration officer, police officer or officer of customs may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

(2) In the exercise of his powers of arrest under subsection (1), an immigration officer or an officer of customs shall be bound to comply with section 28 of the Criminal Procedure Code [Act 593].

(3) Where any person has been arrested under subsection (1), he shall thereafter be dealt with as provided by the Criminal Procedure Code.

(4) A senior immigration officer, senior police officer or senior officer of customs may, in relation to any investigation in respect of a seizable offence committed under this Act, exercise the special powers in relation to police investigations given by the Criminal Procedure Code.

(1) If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that-

(a) any premises have been used or are about to be used for; or

(b) there is in any premises evidence necessary to establish,

the commission of an offence under this Act, the Magistrate may issue a warrant authorising any immigration officer, police officer or officer of customs named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises, if need be by force, and there to search for and seize, and therefrom remove, any material, instrument, machinery or other thing in respect of which an offence has or is suspected to have been committed and any material, instrument, machinery or other thing that is reasonably believed to furnish evidence of the commission of the offence.

(2) An immigration officer, police officer or officer of customs acting under subsection (1) may-

(a) break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry thereinto;

(b) remove by force any obstruction to entry, search, seizure or removal as he is empowered to effect under subsection (1); and

(c) detain every person found in the premises until it has been searched.

If a senior immigration officer, a senior police officer or a senior officer of customs in any of the circumstances referred to in section 10A has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or the material, instrument, machinery or other thing sought may be removed or the evidence sought may be tampered with, he may exercise in, upon and in respect of the premises all the powers referred to in section 10A in as full and ample a manner as if he were authorised to do so by a warrant issued under that section.

(1) Notwithstanding anything contained in any other written law, if-

(a) any senior immigration officer, senior police officer or senior officer of customs; or

(b) any immigration officer, police officer or officer of customs acting under the instruction of a senior immigration officer, senior police officer or senior officer of customs, as the case may be,

has reasonable suspicion that any conveyance is carrying any material, instrument, machinery or other thing in respect of which there is or has been any contravention of this Act, he may-

(aa) stop and examine the conveyance; and

(bb) if on examination he has reasonable cause to believe that such conveyance is or has been used for the contravention of this Act, seize such conveyance and any material, instrument, machinery or other thing found therein.

(2) The person in control or in charge of the conveyance shall, if required to do so by such officer-

(a) stop the conveyance and allow the officer to examine it; and

(b) open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the officer considers necessary.

(3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall on conviction, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

(1) Any material, instrument, machinery or other thing that is reasonably suspected of having been used or is to be used in the commission of any offence under this Act may be seized and detained by any senior immigration officer, senior police officer or senior officer of customs.

(2) Where any seizure is made under subsection (1), the seizing officer shall immediately give notice in writing of the seizure and the grounds thereof to the owner of the material, instrument, machinery or other thing so seized by delivering a copy of such notice to him in person or by post at his place of business or residence:

Provided that no notice shall be required to be given where the seizure or detention is made in the presence of or with the knowledge of the owner.

(3) For the purpose of this section, "owner" includes an agent or representative of the owner.

(1) Any material, instrument, machinery or other thing liable to seizure or detention under this Act shall be liable to forfeiture.

(2) Where any material, instrument, machinery or other thing has been seized under this Act, a senior immigration officer, senior police officer or senior officer of customs may, at his discretion, temporarily release such material, instrument, machinery or other thing to the owner of the same on security being furnished to his satisfaction that such material, instrument, machinery or other thing shall be surrendered to him on demand or produced before a court of competent jurisdiction on demand.

(3) An order for the forfeiture or for the release of any material, instrument, machinery or other thing liable to forfeiture 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 material, instrument, machinery or other thing 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 material, instrument, machinery or other thing was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

(4) If there is no prosecution with regard to any material, instrument, machinery or other thing seized under this Act, such material, instrument, machinery or other thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless before that date a claim thereto is made in the following manner:

(a) any person asserting that he is the owner of such material, instrument, machinery or other thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the senior immigration officer, senior police officer or senior officer of customs in whose possession such material, instrument, machinery or other thing is held that he claims the same;

(b) on receipt of such notice the senior immigration officer, senior police officer or senior officer of customs, as the case may be, shall refer the claim to the Director General or the Director General of Customs and Excise, as the case may require, who may order that such material, instrument, machinery or other thing be released or may direct such officer to refer the matter to a Magistrate or a Judge of a Sessions Court for a decision;

(c) the Magistrate or Judge to whom the matter is referred shall issue a summons requiring the person asserting that he is the owner of the material, instrument, machinery or other thing and the person from whom it was seized to appear before him and on his appearance or default to appear, the Magistrate or Judge shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that such material, instrument, machinery or other thing was the subject matter of or was used in the commission of such offence, shall order the same to be forfeited and shall, in the absence of such proof, order its release.

No person shall, in any proceedings before any court in respect of the seizure of any material, instrument, machinery or other thing seized or detained 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 other than an order for the return of such material, instrument, machinery or other thing or the payment of its value unless such seizure was made without reasonable or probable cause.

(1) Subject to subsection (2), every senior immigration officer, senior police officer or senior officer of customs shall have the authority to appear in court and to conduct any prosecution in respect of an offence under this Act:

Provided that in the case of a senior immigration officer or a senior officer of customs, such authority shall be subject to the approval of the Director General or the Director General of Customs and Excise, respectively.

(2) No prosecution in respect of any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

The Minister may make regulations generally for the purposes of this Act.

(1) Any person who-

(a) forges, alters or tampers with his passport or internal travel document, or any visa or endorsement thereon, or without lawful authority uses or attempts to use, or has in his possession, any passport or internal travel document which has been so forged, altered or tampered with;

(b) impersonates or falsely represents himself to be or not to be a person to whom a passport or internal travel document has been duly issued;

(c) with intent to obtain for himself a passport, internal travel document, or an endorsement or visa on his passport, knowingly makes any false statement or produces any document which is to his knowledge false in any particular;

(d) without lawful authority, has in his possession any passport or internal travel document which has been obtained as a result of making any material statement which was false or misleading, or as a result of the production of false evidence;

(e) allows any person to have possession of any passport or internal travel document issued for his use alone, intending or knowing that the passport or internal travel document may be used by any other person;

(f) without lawful authority, has in his possession any passport or internal travel document issued for the use of some person other than himself;

(g) wilfully assists any person to enter Malaysia contrary to this Act;

(h) wilfully assists any person to contravene this Act; or

(i) obstructs or hinders any immigration officer, police officer or officer of customs in the discharge of his duty under this Act,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Any person contravening any of the provisions of this Act shall be guilty of an offence and shall, where no other penalty is provided by this Act, be liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.