o_19c5m4dif5d2b4m116t1tkbp0na.pdf

CONTRIBUTOR | HBA
ENFORCEMENT UNDER THE
STRATA MANAGEMENT ACT
2013 (SMA)
Vis-a-vis against developers, managing agents, MCs and JMCs.
ENFORCEMENT
The Commissioner of Buildings (“Commissioner - COB”) and
any officer of the local authority or public officer authorised
by the Commissioner may investigate the commission of
any offence under the new Strata Management Act, 2013
(SMA).
With a warrant issued by a Magistrate or without a warrant,
if it is believed that investigation would be adversely
affected by the delay in obtaining the search warrant, the
Commissioner or authorised officer may:-
“a. search for, seize and detain any book, register, document
or other record;
b. inspect, make copies of, or take extracts from, any
book, register, document or other record so seized and
detained;
c. take possession of, remove from the premises, any
book, register, document or other record so seized and
detained; or
d. make such inquiry as may be necessary to ascertain whether
the provisions of the SMA have been complied with.”
The Commissioner or authorised officer conducting a search
may search any person who is in or on the premises and seize
or take possession of all things believed to be instruments of
the offence. Such person so searched may also be detained
until discharged or acquitted.
The seizing officer may also seal any book, register,
document or other record if they are not practicable to
be removed and any person who without lawful authority,
breaks, tampers with or damages the seal or attempts to do
so commits an offence and on conviction is liable to a fine
not exceeding RM100,000 or to imprisonment for a term not
exceeding 3 years or to both.
Access to computerised data must be given to the
investigating officer.
The Commissioner or authorised officer who seized the
books, register, document or other record must make a list
of the things seized and a copy must be delivered to the
occupier of the premises which has been searched, or to his
agent or servant, at the premises.
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