Section 9
Powers ancillary to sections 6, 7 and 8
(1)
The Director or any authorised officer exercising the powers under section 6, 7 or 8 may (so far as may be reasonably necessary for the purpose to which his exercise of the powers relates) do all or any of the following in the premises, aircraft, vehicle or vessel, as the case may be —
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(a)
take with him any assistance or equipment;
(b)
search the premises, aircraft, vehicle or vessel;
(c)
take photographs or video recordings of and conduct any inspection, measurement or test on the premises, aircraft, vehicle or vessel or any thing found therein;
(d)
take, without payment, for the purpose of examination reasonable samples of any description from the premises, aircraft, vehicle or vessel;
(e)
seize or detain any thing found in the premises, aircraft, vehicle or vessel that he believes on reasonable grounds to be connected with the commission of any offence against this Act or to be otherwise relevant to the administration or enforcement of this Act:
(f)
do any other thing reasonably necessary for carrying out the purpose to which his exercise of the powers relates.
(2)
For the purposes of section 6, 7 or 8 or subsection (l)(b), the
Director or any authorised officer may —
(a)
require the owner or occupier of the premises, or the owner or person having charge of the aircraft, vehicle or vessel, as the case may be, to provide all reasonable assistance to the Director or authorised officer; and
(b)
if the circumstances so warrant, with such assistance as he thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.
(3)
Any person who fails to comply with any requirement made under subsection (2)(a) is guilty of an offence.
(4)
Where the Director or any authorised officer seizes any thing under subsection (l)(e), he shall —
(a)
immediately give notice in writing of the seizure to the owner of the thing seized or to the agent of such owner; or
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(b)
if the name and address of the owner or agent of the thing seized are not known, affix a notice prominently at the place where the thing was seized.
(5)
Any person aggrieved by the seizure of any thing under subsection (l)(e) may, within 48 hours after the seizure, complain thereof to the Minister, whose decision is final.
(6)
Upon considering such complaint, the Minister may —
(a)
confirm the seizure wholly or in part;
(b)
disallow the seizure wholly or in part; or
(c)
order that any thing seized be restored to its owner, subject to any condition which the Minister may think fit to impose to ensure that the thing is preserved for any purpose for which it may subsequently be required.
(7)
Any thing seized under subsection (l)(e) may be kept or stored at the place where it was seized or may, at the direction of the Director or authorised officer, be removed to any other place to be kept or stored.
(8)
The Director or any authorised officer may mark, seal or label any thing being detained under subsection (l)(e) in such manner as he thinks fit for the purpose of indicating that the thing is under detention and may lock or seal the place (or any part thereof) in which the thing is being detained.
(9)
Any person who, without the authority of the Director or an authorised officer —
(a)
interferes with, removes or otherwise disposes of any thing seized or detained under section 6, 7 or 8 or tampers with, alters or removes any mark, seal or label placed under subsection (6); or
(b)
opens, breaks or otherwise tampers with the lock or seal placed under subsection (6), is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 6 months or both.
(10)
Subsections (4) to (9) apply to any aircraft or vehicle seized under section 8 as if they were seized or detained under subsection (l)(e).
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(11)
Nothing in this section shall be taken to prejudice any right to retain or dispose of property which may exist in law apart from this section.