Optical Discs Act 2000

Original Language Title: Optical Discs Act 2000

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Text 1 (1-50) laws of MALAYSIA Act REPRINTING 606 OPTICAL DISC ACT 2000 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 6062 OPTICAL DISC ACT 2000 the date of Assent............ 18 August 2000 the date of publication in the Gazette......... 31 August 2000 optical disc 3 laws of MALAYSIA Act 606 OPTICAL DISC ACT 2000 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II OPTICAL DISC CONTROLLER, Etc.
3. Appointment of Controller, etc.
PART III Licensing, Etc.
4. License to manufacture optical discs 5. The premises are not licensed 6. License application 7. Grant of or refusal to grant a licence 8. Validity of licence 9. Power to vary conditions 10. Cancellation of licence 11. Surrender of licence 12. Effect of cancellation, surrender or expiry of licence 13. Transfer of licence 14. Renewal of licence 15. Display license laws of Malaysia ACT 6064 Section 16. Express 17. Maintenance of records 18. Appeal PART IV CODE MANUFACTURER 19. Optical disc ditera with code manufacturer 20. Peneraan standards 21. Using the false part V manufacturer code CODE 22. The controller may issue code 23. Cancellation, etc., code 24. Civil penalties for non-compliance with 25. Compliance with code of conduct a legitimate defense PART VI OFFENCES and PENALTIES 26. Penalty 27. Offences with respect to information 28. Loss or destruction of goods, etc., to be seized 29. Disclosure of confidential information 30. Offences by directors, managers, Secretaries, etc.
31. Offences by employees or agents 32. Obstruction of officer 33. General penalty 34. Compounding of offences optical disc 5 PART VII ENFORCEMENT of Section 35. Powers of enforcement 36. Power of investigation 37. The extra power 38. Search with warrant 39. Search and seizure without a warrant 40. Items seized 41. A warrant is admissible even if flawed 42. Access to computerized data 43. The power to require the attendance of the person who has knowledge of the case of 44. Examination of the people with knowledge of the case of 45. A statement is admissible as evidence of 46. Forfeiture of goods, etc.
47. The cost of holding goods, etc., seized 48. There are no costs or damages arising from seizure can be obtained 49. The whistleblower protection 50. Gift for a VARIETY of MISCELLANEOUS information 51. Power to exclude 52. Protection officer 53. An initial prosecution 54. Jurisdiction to try offences 55. Delivery of records, etc.
56. Regulations 57. Savings and transitional table 1 laws of Malaysia ACT 6066 optical disc 7 laws of MALAYSIA Act 606 OPTICAL DISC ACT 2000 an act to provide for the licensing and regulation of the manufacture of optical discs, and for matters connected therewith.
[September 15, 2000, P.U. (B) 327/2000]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the optical disc Act 2000.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions in this Act.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "this Act" includes any regulations made under this Act;
"goods" includes devices, tools, machinery or equipment;
"optical disc" means — (a) any substance tara or device listed in table 1; or laws of Malaysia ACT 6068 (b) any substance tara or other device to which the data can be stored in digital form and read using laser, and includes any substance or device such that tara manufactured for any purpose, whether or not any data which can be read using a laser or any other way has been stored on it;
"register" means the register kept by the Controller under this Act;
"prescribed" means prescribed through regulations made under this Act;
"copyright" has the meaning assigned to it by the Copyright Act 1987 [Act 332];
"manufacturer's code" means a manufacturer's code assigned to a licensee under paragraph 7 (2) (b);
"licence" means a licence granted under section 7;
"Minister" means the Minister responsible for domestic trade and Consumer Affairs;
"licensee" means a person who has been granted a licence under section 7;
"Controller" means the controller of optical disc appointed under section 3;
"manufacturing" means the process and activities are involved in the manufacture of optical discs, including the preparation of the master copy or replication or both;
"The Assistant Controller" means the Assistant Controller of optical disc appointed under section 3;
"licensed premises" means any premises specified in the licence in which the manufacture of optical discs are allowed;
"infringing copy" has the meaning assigned to it by the Copyright Act 1987;
Optical disc 9 "code of conduct" means the code of conduct issued under section 22;
"The Deputy Controller" means the Deputy Controller of optical disc appointed under section 3;
"place" means any area on land or water and includes any building, structure or an enclosure, whether movable or not;
"copyright owner" means the owner of copyrights within the meaning of the Copyright Act 1987.
(2) for the purposes of this Act, a person is involved in the manufacture of optical discs if the person has, direct, manage or otherwise have control over enterprise working on optical disc manufacturing.
PART II OPTICAL DISC CONTROLLER, Etc.
Appointment of Controller, etc.
3. (1) the Minister may appoint, from amongst public officers, an optical disc Controller and such number of Deputy Controller of the optical disc, Optical Disk Controller Assistant and other officers as may be necessary for the purposes of this Act.
(2) the controller shall, subject to the direction and control of the General Minister, perform the functions and duties imposed and exercise of the powers conferred upon him under this Act.
(3) the Deputy Controller, Assistant Controller and other officers appointed under subsection (1) shall be under the direction and control of the guard.
(4) the controller and Deputy Controller can perform all the functions and duties imposed and exercising all the powers granted to the Assistant Registrar under this Act.
Laws of Malaysia ACT 60610 (5) Deputy Controller can perform all the functions and duties imposed and exercising all the powers granted to the Controller under this Act except the power under part III.
(6) Notwithstanding subsection (5), the controller may delegate to a Deputy Controller of any of its powers under part III, and when such delegated that power shall be exercised by the Deputy Controller under the control and subject to any instructions and restrictions specified by the Controller.
(7) a delegation under subsection (6) may be cancelled at any time by the controller and shall not prevent the controller from running their own powers delegated it.
(8) all officers appointed under this section shall be deemed to be a public service within the meaning of the Penal Code [Act 574].
PART III Licensing, Etc.
Licences to manufacture optical discs 4. Any person who manufacture optical discs without a valid licence under this Act commits an offence.
The premises are not licensed 5. Licensees that manufacture optical discs in a place other than a licensed premises commits an offence.
License application 6. (1) an application for a licence under this Act shall be made in writing to the controller in the form of, and shall be accompanied with a document or information, as may be prescribed.
Optical disc 11 (2) If a person intends to manufacture optical discs in more than one place, he could have made an application for a licence in respect of all the place.
(3) At any time after receiving an application under subsection (1) and before the application is determined, the controller may, by notice in writing, require that the applicant provide documents or additional information as deemed necessary by the controller.
(4) where any document or additional information required under subsection (3) is not given by the applicant within the time specified in the notice or any time extension granted by the controller, the application shall be deemed to have withdrawn and cannot continue, but without prejudice to new applications made by the applicant.
(5) an application under this section may be revoked at any time before the application is allowed or denied.
Grant of or refusal to grant a licence 7. (1) on receipt of the application together with the documents and information required under section 6, the controller may grant the licence or to refuse to grant the license.
(2) if the controller gives a licence under subsection (1), he shall — (a) require the licensee to pay the prescribed fee within the specified period;
(b) give the licensee a manufacturers code which shall consist of — (i) one or more letters or numbers;
(ii) a stamp, mark, symbol or a symbol; or (iii) any combination of letters, numbers, marks, sign, symbol or symbol, as may be prescribed;

(c) impose such conditions as it thinks fit for the purposes of — (i) prevents the manufacture of infringing copies of works which copyright exists; and the laws of Malaysia ACT 60612 (ii) protect the rights of copyright owners and other persons who have been granted rights under the Copyright Act 1987; and (d) impose such other conditions as he may deem fit.
(3) a licence shall be deemed to have not given if the fee required under paragraph (2) (a) is not paid within the specified period.
(4) If the controller refuses to grant the licence, he shall immediately notify the applicant in writing of refusal without assigning any reason for such refusal.
(5) If the controller gives a licence in respect of an application made under subsection 6 (2), the controller shall issue a separate license for each place of manufacture.
Validity of licence 8. Licence granted under section 7, unless sooner revoked or suspended, shall be valid for the period specified in the license.
The power to change the condition. (1) the controller may, at any time after a licence given — (a) impose new or additional conditions on the license;
(b) vary or revoke any conditions imposed on the licence; or (c) vary or revoke any conditions that have changed under paragraph (b).
(2) if the controller intends to take an action under subsection (1), he shall give the licensee — (a) notice in writing of his intention; and (b) an opportunity to make representations in writing within fourteen days from the date of delivery of the notice.
Optical disc 13 (3) after the expiry of fourteen days, and after considering any representations made by the licensee, the controller shall decide whether it will impose, vary or revoke any conditions under subsection (1) or not take further action.
(4) the controller shall give the licensee a written notice of its decision under subsection (3).
Cancellation of licence 10. (1) the controller may revoke a licence if he is satisfied that — (a) the licensee has failed to comply with any obligation imposed upon him under this Act;
(b) the licensee has violated any of the terms of the license, or any of the provisions of this Act, regardless of the fact that no prosecution for an offence in respect of the infringement;
(c) the licensee has been convicted of an offence under this Act;
(d) the licensee or any person who is or who will be a Director, Manager, Secretary or other similar officer of the licensee, whether related to an application for such licence or at any time after the grant of the licence, provide information that is false or misleading or inaccurate to the Controller; or (e) the licensee has ceased doing business in manufacturing optical discs.
(2) before cancelling a licence, the controller shall give the licensee written notice of his intention to do so and requires the licensee shows reasons within fourteen days as to why the licence should not be cancelled.
(3) after the expiry of fourteen days, and after considering any representations made by the licensee, the controller shall decide whether to revoke the license or not take action selajutnya.
Laws of Malaysia ACT 60614 (4) the controller shall give the licensee written notice of its decision under subsection (3).
(5) the cancellation of a licence shall come into force — (a) if there is no appeal against such cancellation, after the expiry of fourteen days from the date of notice of the revocation to the licensee; or (b) if there is an appeal against the cancellation, when the cancellation is confirmed by the Minister.
Surrender of licence 11. (1) the licensee may surrender his/her license by submitting the license to the Controller together with the written notice about surrendering the license.
(2) the surrender shall have effect on the date of the controller to receive the license and notice under subsection (1) or if a date later than that specified in the notice, on a date then that.
Effect of cancellation, surrender or expiry of licence 12. When the cancellation of the licence under section 9 or the submission of their recoverable amounts under section 10 comes into operation, or when the license expiration, licensee shall immediately cease manufacture optical discs.
Transfer of licence 13. (1) a licence may not be transferred except with the approval of the controller.
(2) a licensee who transferred his/her license to another person without the approval of the Controller commits an offence.
(3) the controller may approve the transfer of licence if — (a) the licensee dies or becomes disabled or bankrupt;
Optical disc 15 (b) in the case of a company, the holder of the licence has been wound up or a receiver or Manager has been appointed in respect of the business of the licensee; or (c) for any reason the controller is satisfied that it is not fair if the license is not transferred.
(4) an application for the transfer of a licence shall be made in writing to the controller.
Renewal of licence 14. Licensee shall apply to the Controller for license renewal not less than one month before the expiration date of the existing licences.
Display license 15. (1) the licensee shall at all times display his/her license at a place easily see premises licensed.
(2) a licensee who contravenes subsection (1) commits an offence.
Express 16. (1) the controller shall hold and maintain a register in such form as may be prescribed for the licence granted under this Act.
(2) the controller shall make the register available for public inspection subject to such conditions as he thinks fit.
Maintenance of records 17. (1) the licensee shall keep and maintain a record in such form and containing such information as may be prescribed, in respect of the conduct of its business relating to the manufacture of optical discs.
Laws of Malaysia ACT 60616 (2) the record shall be — (a) be kept solely for the purpose of record required under this Act;
(b) available at all times for inspection any Assistant Controller; and (c) updated and in good order and condition.
(3) a licensee shall submit the records and provide documents and other related information if and when required by the controller within the time determined by the Controller, except if any trade secrets will be exposed if documents or information is given the same.
(4) a licensee who contravenes subsection (1), (2) or (3) commits an offence.
Appeal 18. (1) any person aggrieved by any decision of the controller under this section may appeal to the Minister in the prescribed manner within one month from the date the decision was communicated to that person.
(2) the Minister may confirm, reverse or vary the decision of the Controller dirayukan.
(3) the decision of the Minister under subsection (2) shall be final.
PART IV of the optical disc MANUFACTURER CODE with code ditera 19 manufacturer. (1) a licensee shall cause each optical disc made ditera with code manufacturer conferred upon him under paragraph 7 (2) (b).
(2) a licensee who contravenes subsection (1) commits an offence.
Optical disc 17 (3) of this section, "ditera" means ditera in accordance with the standards prescribed under section 20.
Standards peneraan 20. (1) the Minister may set the standard for manufacturer's code peneraan on optical disc.
(2) without limiting the generality of subsection (1), the Minister may prescribe — (a) different standards in respect of the class or description of different optical discs; or.
(b) the standards relating to the manner in which, and the manner the manufacturer code with it, will diterakan on optical discs or on any class or description of optical discs.
Use the manufacturer's code false 21. (1) any person who — (a) falsify the manufacturer code;
(b) by way of a wrong place on optical disc a manufacturer's code or any mark so resembles a manufacturer's code up to be counted is intended to deceive;
(c) make any terap, block, machine or other device for the purpose of forging, or which is capable of being used for forging, a manufacturer's code;
(d) dispose of or found in his possession any terap, block, machine or other device for the purpose of forging a manufacturer's code; or (e) cause made anything referred to in paragraph (a), (b), (c) or (d), commits an offence.
(2) in any proceedings for an offence under subsection (1), it shall be a defence if the person charged proves that he acted without intent to deceive or memfraud.
Laws of Malaysia ACT part V CODE 60618 Controller may issue code 22. (1) the controller may issue a code of conduct which deals with the conduct of any person connected with optical disc manufacturing business.
(2) the controller shall, before issuing a code of conduct under subsection (1), consult with the body representing those persons to whom the code of conduct will prevail and those stakeholders as he may deem fit.
(3) the code of conduct issued by the controller under subsection (1) shall be published in the Gazette.
Cancellation, etc., code of conduct

23. (1) The controller may cancel, amend or review, either wholly or partly of a code of conduct if he is satisfied that the code of conduct, whether in whole or in part, no longer in accordance with the provisions of this Act.
(2) the controller shall, before the Cancel, amend or review a code of conduct, consultation with bodies representing those persons to whom the code applies and those stakeholders as he may deem fit.
(3) the provisions of the code of conduct is cancelled, amended or reviewed by the Controller under subsection (1) shall be published in the Gazette.
Civil penalties for non-compliance with 24. (1) Notwithstanding Part VI, a person who fails to comply with any provision of a code of conduct be liable to pay to the controller of a fine not exceeding two hundred dollars.
Optical disc 19 (2) Notwithstanding the provisions of any other written law, fines payable under this section may be obtained, without prejudice to any other remedies or sanctions, as a civil debt.
Compliance with code of conduct a legitimate defense 25. Compliance with a code of conduct shall be a defense against any kind of prosecution, action or proceeding, whether in court or otherwise, that is taken against a person subject to the code of conduct in respect of a thing being said in the code of conduct.
PART VI OFFENCES And PENALTIES Penalties 26. (1) any person who commits an offence under part III except under section 15 shall on conviction be — (a) if that person is a body corporate, to a fine not exceeding five hundred thousand dollars, and for the second time or time which is then liable to a fine not exceeding one million dollars; or (b) if that person is not a body corporate liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both and for the second time or time which is then liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six years or both.
(2) If a person who is a Director, Manager, Secretary or other similar officer of the body corporate commits an offence under subsection (1) by virtue of section 30, then on conviction he shall be liable to the penalties provided for in paragraph (1) (b).
Laws of Malaysia ACT 60620 Offences in respect of information 27. (1) any person who submit false or misleading information in any application, report or other document for any purpose under this Act commits an offence and shall on conviction be — (a) if that person is a body corporate, to a fine not exceeding five hundred thousand dollars, and for the second time or time which is then liable to a fine not exceeding one million dollars; or (b) if that person not being a body corporate may be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or both, and for the second time or times can then be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding six years or both.
(2) any person who — (a) provide or cause to be given to any Assistant Guards or police officer of Inspector not meteoric such particulars, information or statement which is false or misleading with respect to any matter required by the officer so given under this Act;
(b) refuses to answer or give a false answer to any question submitted to it by any of the Assistant Guard or police officer's meteoric not of Inspector for the purpose of obtaining such particulars, information or statements that are required to be given under this Act; or (c) fails or refuses to produce any documents as may be required by any of the Assistant Guard or police officer of Inspector not meteoric, commits an offence.
Optical disc 21 (3) If any person who is a Director, Manager, Secretary or other similar officer of the body corporate commits an offence under subsection (1) by virtue of section 30, shall on conviction he liable to penalties provided for in paragraph (1) (b).
(4) no nothing in this section shall be construed as requiring a person so as to answer any question or give any information if the information or answers may tend to expose him to a criminal charge, penalty or forfeiture.
Loss or destruction of goods, etc., to be seized 28. Any person causing the loss or destruction of any goods, optical disc, objects, books or documents to be seized under this Act with the intent to prevent the seizure commits an offence.
Disclosure of confidential information 29. (1) any person who uses or discloses to any other person any confidential information acquired by virtue of this Act commits an offence.
(2) no nothing in subsection (1) may be effective for preventing disclosure of information if the disclosure is made — (a) for or in connection with the proper administration of this Act;
(b) for the purposes of any legal proceedings;
(c) for the purposes of any investigation conducted under this Act;
(d) to any person or to any officer or approved in writing by the Minister as the person who should receive the information; or (e) for or in connection with the provision of statistics by the Government in respect of travel of this Act.
Laws of Malaysia ACT 60622 offences by directors, managers, Secretaries, etc.
30. If any offence under this Act has been committed by a body corporate, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or in purporting to act on any such property, or who in any way or up to any extent is responsible for the management of any Affairs of the Corporation , or who assist in such management, also committed such offence unless he proves that the offence was committed without the consent or pembiarannya and that he has conducted all wrongdoing due diligence to prevent the Commission of the offence, taking into account the type of functions on the properties and all the circumstances.
Offence by employee or agent 31. If any person ("the principal") can be under this Act penalty or penalties for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of such by any employee or his agent, or employee of the agent, if the Act, omission, neglect or default of it was committed by an employee of the principal within its employment , or by the agent while acting on behalf of the principal, or by employees of the agent within the employment by the agent or otherwise on behalf of the agent.
Obstruction of officer 32. Any person that prevent, thwart, attack or disturb any Assistant Controller or police officer's meteoric not of Inspector in the execution of its functions under this Act commits an offence.
33. General penalty (1) any person who is convicted of an offence under this Act for which no penalty expressly provided for a fine not exceeding one hundred and fifty thousand optical disc 23 ringgit or to imprisonment for a term not exceeding three years or both, and for the second time or times can then be liable to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
(2) any body corporate convicted of an offence under this Act for which no penalty expressly provided for a fine not exceeding two hundred and fifty thousand dollars, and for the second time or times can then be liable to a fine not exceeding five hundred thousand dollars.
(3) if any person who is a Director, Manager, Secretary or similar officer of the body corporate commits an offence under this Act by virtue of section 30, and no penalty expressly provided for the offence, he shall be liable to the penalty provided under subsection (1).
Compounding of offences 34. (1) the controller or a Deputy Controller or any person authorized in writing by the Controller can be with the consent of the public prosecutor mengkompaunkan any offence under this Act may be prescribed as offences can compound made by any person to make an offer in writing to that person for the offence mengkompaunkan on payment of an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time specified in the offer to the Controller or the Deputy Controller or any person authorized in writing by the Controller.

(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or in any such extension as may be allowed by the controller or the Deputy Controller or any person authorized in writing by the Controller , a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
Laws of Malaysia ACT 60624 (3) where an offence has is compounded under subsection (1) — (a) no prosecution can then started in respect of the offence against a person to whom an offer to compound is made; and (b) any goods, optical disc, objects, books or documents seized in connection with the offence shall be released immediately, subject to such conditions as he thinks fit to impose by the controller or the Deputy Controller or person authorized in writing by the Controller.
PART VII ENFORCEMENT enforcement powers 35. (1) an Assistant Controller or police officer's meteoric not of Inspector may exercise all the powers of enforcement under this Act.
(2) every Assistant Guards or police officers, when acting on any person under this Act, shall state his position and shall upon request submit to the person against whom he is acting that any card as instructed by the Controller so that the carrying amount of the Assistant Controller or as directed by the Inspector General of police that carried by the police officer.
Power of investigation of 36. (1) any Assistant Guards or police officer's meteoric not of Inspector shall have the power to investigate any offence under this Act.
(2) for the purposes of subsection (l), Assistant Controller or such police officer may issue an order to a licensee for the purpose of helping his investigation and obtain compliance with this Act.
Optical disc 25 (3) in addition to its powers under subsection (1) and (2), Assistant Controller and police officer's meteoric not that of inspector investigating an offence under this Act may exercise all or any powers in connection with police investigations in the case can capture provided by the criminal procedure code [Act 593].
The extra power 37. Any Assistant Guards or police officer's meteoric not of Inspector may, for the purpose of enforcing this Act, do all or any of the following: (a) visit, enter, inspect and examine with or without notice of any licensed premises at any reasonable time;
(b) require the production of records, books, accounts, computerised data or documents kept by licensees and inspect, examine and copy any of them;
(c) require the production of any document identification of any person in respect of any matters or of an offence under this Act; or (d) make such investigations as may be necessary to determine whether the provisions of this Act have been complied with.
Search with warrant 38. (1) where in the opinion of someone Magistrate based on information given in writing with the oath and after investigations it may deem necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed in any premises, the Magistrate may issue a warrant empowering any Assistant Guards or police officer's meteoric not of Inspector named therein to enter the premises at any reasonable time during the day or night Today, with or without assistance and if necessary by force.
Laws of Malaysia ACT 60626 (2) the Assistant Guard or police officer's meteoric not of Inspector may, in the premises entered into under subsection (1), search and seize any goods, optical disc, objects, books or documents, including computerized data, which contains or by its reasonable believed to contain information about any suspected offences have been committed and may reveal evidence of the Commission of any offence under this Act.
(3) the Assistant Guard or police officer's meteoric not of Inspector who is carrying out a search under subsection (1) may, if in its opinion is necessary to do so reasonably required for the purpose of investigating the offence, examine any person residing in or in the premises but none of the women may be inspected except by another woman.
(4) the Assistant Guard or police officer of Inspector's meteoric not entering any premises by virtue of this section may bring with it other people and other equipment as at his judgment necessary.
(5) the Assistant Guard or police officer's meteoric not of Inspector shall, when leaving the premises if the unoccupied premises or the occupants there at that time, leaving the premises in the condition that is safe from intruders as before he entrance fee.
(6) the Assistant Guard or police officer's meteoric not of Inspector who made the examination of a person under subsection (3) may seize, detain or take possession of any goods, optical disc, objects, books or documents found on that person for the purpose of surveys conducted by the officer.
(7) If, by reason of the type, size or its recoverable amount, it is not practical to transfer any goods, optical disc, objects, books or documents seized under this section, the officer shall seize, in any way, prevent goods, optical discs, things, book or document is in the premises or in the container in which it was found.
Optical disc 27 (8) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (7) or transfer any goods, optical disc, objects, books or documents dilak or attempting to do so commits an offence.
Search and seizure without warrant 39. If one of the Assistant Guard or police officer's meteoric not of Inspector in any of the circumstances referred to in section 38 has reasonable cause to believe that by reason of the delay in obtaining a search warrant under section of that investigation will be affected or evidence of the Commission of the offence may be interrupted, transferred, defaced or destroyed, the Assistant Guard or police officer's meteoric not of Inspector that can get into the premises and exercise all of the powers referred to in 38 section in a way that fully and adequately as if he is authorized to do so by a warrant issued under that section.
Items seized 40. (1) except as provided in subsection (2), where any goods, optical disc, objects, books or documents seized under this part, the officer shall seize provides a list of the things seized and promptly menghantarserahkan a certified copy thereof signed by him to the occupier of the premises searched, or ask your agent or pekhidmatnya, the premises.
(2) if the premises were unoccupied, officers seize shall whenever possible post up the list of things seized in the premises to see it.
A warrant is admissible even if flawed 41. A search warrant issued under this Act shall be valid and acceptable even if there are any defects, errors or omissions therein or in the application for the warrant and any goods, optical disc, objects, books or documents seized under the warrant is admissible as evidence in any proceedings under this Act.
Laws of Malaysia ACT 60628 access to computerised data 42. (1) the Assistant Guard or police officer's meteoric not of Inspector carrying out the search under this Act shall be given access to computerised data either stored in a computer or otherwise.
(2) in this section, "access" includes a given password, code encryption, encrypting code, software or hardware to be and any other means necessary to allow computerised data understandable.
The power to require the attendance of the person who has knowledge of the 43 cases. (1) the Assistant Guard or police officer's meteoric not of inspector conducting an investigation under this Act may by order in writing require the attendance before it of any person who in the opinion of the Assistant Guard or police officer's meteoric not of Inspector that has knowledge of the facts and circumstances of the case, and such person shall attend as required.
(2) if any person refuses to attend as required, the Assistant Guard or police officer's meteoric not of Inspector may report such refusal to a magistrate shall issue a summons to ensure the presence of the person required by an order made under subsection (1).
Examination of the people with knowledge of the case

44. (1) Assistant Controller or police officer's meteoric not of inspector conducting an investigation under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case.
(2) the person examined under subsection (1) that is legally bound to answer all questions relating to the case addressed to him by the Assistant Guard or police officer, but that person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture of 29 optical discs.
(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part in answering questions.
(4) an Assistant Controller or police officer's meteoric not of Inspector examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section, whether or not a warning was given to it under subsection 45 (2) must, whenever possible, reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be — (a) after it was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.
A statement is admissible as evidence of the 45. (1) if any person charged with an offence under this Act, any statement, whether the statement is about addressing to a confessions or not or orally or in writing, made at any time, whether before or after the person charged with and whether or not the current investigation under this Act and whether or not wholly or partly in answer , by the person to or heard by an Assistant Controller or a police officer of Inspector not meteoric and whether or not translated to him by an Assistant Controller or other police officer or other person, notwithstanding the provisions of any other written law to the contrary, shall be accepted as evidence in his trial and, if the person charged with the submitting himself as a witness any such statement may be used in cross-examination and for the purpose of challenging credibility.
Laws of Malaysia ACT 60630 (2) a statement referred to in subsection (1) — (a) shall not be received or used under that subsection — (i) if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge that comes from people in authority and sufficient in the opinion of the Court to give the person charged with the reason that in its opinion it is reasonable to expect that by making the statement he will get any benefits or avoid nothing comes to the worldly in connection with proceedings against him that; or (ii) in the case of a statement made by that person after he was arrested, unless the Court is satisfied that a warning was given to him in the following words or words of similar meaning: "it is my duty to warn you that you are not obliged declare something or answer any question, but anything you specify, either on answering a question or not , may be given in evidence. "; and (b) if made by any person before there's time for him to be warned, cannot be made to be inadmissible as evidence just because there is no warning given if the alert was given as soon as possible.
(3) Notwithstanding anything to the contrary contained in any written law, any person to whom subsection (1) applies is not obliged to answer any questions relating to the case after warning under subsection (2) has been given to him.
Optical disc 31 Forfeiture of goods, etc.
46. (1) all goods, optical disc, objects, books or documents seized in exercise of any power conferred under this Act shall be dilucuthakkan.
(2) the Court try any person charged with an offence under this Act may at the end of the trial, whether the person found guilty or not, order that goods, optical disc, objects, books or documents seized from members of the destroyed or in the case of infringing copy, sent to the first owner of copyright or assignee or licensee eksklusifnya , as the case may be.
(3) if there is no prosecution in respect of any goods, optical disc, objects, books or documents that have been seized in exercise of any power conferred under this Act, goods, optical discs, things, book or document shall be taken and deemed to have been dilucuthakkan at the end of a period of one calendar month from the date of confiscation unless a claim thereto made prior to that date in the manner specified in subsection (4) , (5) and (6).
(4) any person who asserts that he is the owner of any goods, optical disc, objects, books or documents seized under this Act and that the goods, optical disc, objects, books or documents shall not be dilucuthakkan can give personally or by his agent authorized in writing a notice in writing to the Assistant Controller of the claim.
(5) when the notice referred to in subsection (4) is received, the Assistant Controller shall refer the matter to the Controller may, after such inquiry as may be necessary, direct that the goods, optical discs, things, book or document is released or dilucuthakkan or refer the matter to the Court of a first class magistrate for decision.
(6) the Court to which the matter is referred to shall issue a summons requiring the person who pointed out that he is the owner of goods, optical discs, things, book or document and the person from whom it was seized, to appear before the Court, and when they are present or not present, the laws of Malaysia ACT 60632 but delivery of summons accordingly has been proved, the Court shall proceed with the examination of the matter and when proven that an offence under this Act has been committed and that the goods , optical discs, things, book or document is matter or was used in the Commission of that offence, shall order that goods, optical disc thing, book or document is dilucuthakkan or can, if there is such evidence, ordered the release of goods, optical discs, books or the document to the person entitled to it.
(7) any goods, optical disc, objects, books or documents or dilucuthakkan characterized dilucuthakkan shall dihantarserahkan to the Controller who shall dispose of it in such manner as it thinks fit.
The cost of holding goods, etc., seized 47. If any article, optical disc, objects, books or documents seized under this Act held in the custody of the Government pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding the thing in custody shall, in the event that any person found guilty of an offence, being a debt due to the Government by the person and shall be obtained accordingly.
There are no costs or damages arising from seizure can be obtained 48. No person shall, in any proceedings before any court in respect of the seizure of any goods, optical disc, objects, books or documents seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.
The whistleblower protection 49. (1) except as provided in this section, no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause she known.
Optical disc 33 (2) if any books, documents, records or papers that constitute or that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause she known, the Court shall cause to such closed all entries from sight or deleted only to the extent necessary to protect the informant of known.
(3) if in proceedings for any offence under this Act the Court after a full investigation of the case believe that the informant intentionally make in aduannya a statement material that he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing who the informant , it shall be lawful for the Court to require production of the original complaint, if written, and allow the inquiry and require full disclosure concerning the informer.
Gift for information

50. In the case of conviction involving a fine, the Court that imposes the fine may, on the application of the prosecution, direct payment of any part of the fine proportion deemed fit by the Court but howsoever does not exceed half of the fine to those who provide information leading to the conviction.
PART VIII MISCELLANEOUS power to exempt 51. (1) the Minister may by order published in the Gazette exempt, subject to such conditions as he thinks fit to impose, any person or class of persons or any business or class of business from all or any provisions of this Act.
Laws of Malaysia ACT 60634 (2) the Minister may, at any time by order published in the Gazette, revoke any order made under subsection (1) if he is satisfied that the exemption is no longer needed.
Protection of officers 52. No action or prosecution can be brought, instituted or maintained in any court against — (a) Controller, a Deputy Controller, an Assistant Controller or any other officer duly appointed under this Act or a police officer of or due to or in respect of any act which ordered or performed for the purpose of implementing this Act; and (b) any other person or due to or in respect of any act done or purporting to be done under an order, direction or instruction Controller, a Deputy Controller, an Assistant Controller or any other officer duly appointed under this Act or a police officer if the act done in good faith and reasonable belief that it is necessary for the purposes that are intended to be achieved with it.
An initial prosecution 53. No prosecution for or in connection with any offence under this Act shall be instituted except by or with the written permission of the public prosecutor.
Jurisdiction to try the offence 54. Notwithstanding any law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.
Optical disc Delivery 35 records, etc.
55. (1) a record, document or other information related to manufacturing activities any person which are required to be submitted or given or notice given, issued or a decision or order made under this Act may be served personally or sent by registered post.
(2) any record, document or other information, notices, licenses, decision or order sent by registered post shall be deemed to be served on the person to whom it is addressed on the day after the day the record, document or other information, notices, licenses, decision or order that should have been received through the conduct of regular post if it's addressed — (a) in the case of the Minister or to the guards, one of them , as the case may be, to the Ministry;
(b) in the case of the company, partnership or group of persons having registered office in Malaysia, at the registered office or, if no such registered office, to the principal place of business of the company, partnership or group is in Malaysia or, if there are no principal place of business in such a way, to any other activities of the company, partnership or group is carried out; and (c) in the case of an individual, to his last known address.
Rules 56. (1) the Minister may make regulations as are necessary or expedient for the purpose of giving full effect to the provisions of this Act, to carry out or to achieve the goals and purposes of this Act, or for the implementation of more, better or easier provisions of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to prescribe forms to be used and the information to be supplied for any purpose of this Act;
Laws of Malaysia ACT 60636 (b) to establish a procedure for making the application for the licence and the determination of questions-questions relating to the granting, surrender, suspension, renewal and revocation of licences and the conditions will be imposed on the licence and procedures relating to the appeal;
(c) to prescribe fees payable under this Act and the manner of collecting and handling the fees;
(d) to prescribe the form of the register to be kept and maintained by the controller, procedures and other matters relating to the opening, maintenance and closure of registers and procedure and other matters relating to examination and taking of extracts from the register;
(e) to prescribe the form of records to be kept and maintained by the licensee and the information to be recorded and the production of the record; and (f) to provide for any matter under this Act which are required or permitted to be prescribed or necessary and expedient to set.
57. Savings and transitional (1) any person engaged in the manufacture of optical discs immediately before the coming into operation of this Act and intend to continue to manufacture optical discs on or after commencement shall be not less than six months and the date of coming into operation of this Act apply to the Controller in order to obtain a licence under this Act.
(2) pending the decision of the Controller on the application made under subsection (1), the applicant shall be deemed to be licensed under this Act and no action can be taken against him as engaged in manufacturing optical discs without a licence.
(3) where a licence is granted by the controller under section 7 pursuant to an application made under subsection (1), the applicant shall, within six months from the date of the license is given to take appropriate action to comply with the conditions imposed on the licence.
Optical disc 37 (4) where a licence is not granted by the Controller under section 7, the applicant referred to in subsection (2) shall cease to have than deemed to have been licensed under that subsection from the date she was told about the results of the Controller or, if there is an appeal under section 18, the date of the decision of the Minister on the appeal.
SCHEDULE 1 [Subsection 2(1)] list of OPTICAL DISC 1. Compact disc (CD) includes — compact disc-audio (CD-A) compact disc-video (CD-V) compact disc-read-only memory (CD-ROM) compact disc-interactive (CD-I)-photo compact disc (CD-r) compact disc-recordable (CD-R) compact disc-rewritable (CD-RW) 2. Digital versatile disc (DVD) included — digital versatile Disc-Recordable (DVD-R) multipurpose digital Disk-rewritable (DVD-RW) 3. Laserdisc (LD) 4. Mini disc (MD) laws of Malaysia ACT 60638 laws of MALAYSIA Act 606 OPTICAL DISC ACT 2000 LIST AMENDMENT law short title force amend from – no – optical disc 39 laws of MALAYSIA Act 606 OPTICAL DISC ACT 2000 LIST SECTION AMENDED Section Power amend with effect from – THERE are –