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Digital Signature Act 1997 [Act 562]

80 List of things seized

(1) Except as provided in subsection (2), where any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, device, article or item is seized under section 77 or 78, the seizing officer shall 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 have been searched, or to his agent or servant, at those premises.

(2) Where the premises are unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously on the premises.

81 Obstruction of authorized officer

Any person who obstructs, impedes, assaults or interferes with any authorized officer in the performance of his functions under this Act commits an offence.

82 Additional powers

An authorized officer shall, for the purposes of the execution of this Act, have power to do all or any of the following:

(a) to require the production of records, accounts, computerized data and documents kept by a licensed certification authority and to inspect, examine and copy any of them;

(b) to require the production of any identification document from any person in relation to any case or offence under this Act;

(c) to make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

83 General penalty

(1) A person who commits an offence under this Act for which no penalty is expressly provided 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, and in the case of a continuing offence shall in addition be liable to a daily fine not exceeding two thousand ringgit for each day the offence continues to be committed.

(2) For the purposes of this section, "this Act" does not include the regulations made under this Act.

84 Recovery of procedural costs

Where the Commission finds that a certification authority has contravened this Act, the Commission may order the certification authority to pay the costs incurred by the Commission in prosecution and adjudication proceedings in relation to the order and in enforcing it.

85 No costs or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of the seizure of any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, device, article or item 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.

86 Institution and conduct of prosecution

(1) No prosecution for or in relation to any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

(2) Any officer of the Commission duly authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.

87 Jurisdiction to try offences

Notwithstanding any written law to the contrary, a Court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.

88 Protection of Commission and officers

No action or prosecution shall be brought, instituted or maintained in any court against-

(a) the Commission or any officer duly authorized under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Commission or any officer duly authorized under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

89 Power to exempt

(1) The Minister may, by order published in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act, except section 4.

(2) The Minister may impose any terms and conditions as he thinks fit on any exemption under subsection (1).


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