Section 64
Where an authorised officer carrying out an investigation under this
of Brunei Darussalam National Accreditation Council Act
Act or any regulations made thereunder has reason to believe that an offence has been committed against this Act or any regulations made thereunder, he may seize any document or other article in the physical form or in the electronic medium, produced under section 63(1) and such document or other article shall be admissible in evidence in any proceedings in court under this Act or any regulations made thereunder against that person or against any other person.
Application for search warrant 65.
If an authorised officer has reasonable cause to believe that any premises has been used, are being used or are about to be used for, or there is in any premises evidence necessary to establish the commission of an
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National Accreditation Council
B.L.R.O. 6/2023 45
offence under this Act or any regulations made thereunder, he may apply to a magistrate by way of written information on oath for a search warrant.
Power of magistrate to issue search warrant 66.
If the magistrate is satisfied that there is a commission of an offence under any provision of this Act or any regulations made thereunder, he may issue a search warrant authorising the authorised officer, at any reasonable time and with or without assistance —
(a)
to enter any premises, if need be by force, that have been used or are about to be used for the commission of an offence under this Act or any regulations made thereunder;
(b)
to search for and seize, and to remove any document or other article in the physical form or in the electronic medium —
(i)
in respect of which an offence has been committed;
(ii)
in respect of which an offence is suspected to have been committed; or
(iii)
that is reasonably believed to furnish evidence of the commission of the offence; or
(c)
to detain every person found in the premises until it has been searched.
Search and seizure without warrant 67.
If an authorised officer has reasonable cause to believe that, by reason of delay in obtaining a search warrant under section 66 —
(a)
the investigation would be adversely affected;
(b)
the object of the entry is likely to be frustrated;
(c)
the document or other article sought may be removed or interfered with; or
(d)
the evidence sought may be tampered with or destroyed,
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he may exercise in, and in respect of, the premises of any higher education provider all the powers referred to in section 66 in the same manner as if he was authorised to do so by a warrant issued under that section.
Production of authority card 68.
(1)
An authorised officer when exercising any powers under this Act or any regulations made thereunder shall declare his office and shall produce to the person against whom he is acting or from whom he seeks any information, such authority card as the Minister may direct to be carried by him.
(2)
The authority card referred to in subsection (1) shall be issued by the Minister.
No costs or damages arising from seizure to be recoverable 69.
No person shall, in any proceedings before any court in respect of anything seized or detained in the exercise or the purported exercise of any power conferred under this Act or any regulations made thereunder, be entitled to the costs of such proceedings or any damages or other relief, other than an order for the return of such thing seized or detained, or the payment of its value unless such seizure or detention was made without reasonable cause.