Excise Order, 2006 · As enacted · Part XIV · Search, Seizure and Arrest
113. Power to search vessels and aircraft
Official textFrom Attorney General's Chambers, unchanged
A proper officer of excise may-fa)
proper officer of excise
"proper officer of excise" means any officer of excise acting in the fulfilment of his duties under this Order, whether such duties are assigned to him specially or generally, or expressly or by implication;
go on board any vessel or aircraft in any customs port or customs airport or place or within territorial waters;
vessel
"vessel" includes any ship or boat or any other description of vessel used in navigation;
fb)
require the master of such vessel or the pilot of such aircraft to give such information relating to the vessel or aircraft, cargo, stores, crew, passengers or voyage as he may think necessary;
master
"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
fc)
rummage and search all parts of such vessel or aircraft for prohibited or unexcisable goods;
aircraft
"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
fd)
examine all goods on board and all goods then being loaded or unloaded;
goods
"goods" includes animals, birds, fish, plants and all kinds of movable property;
{e)
demand all documents which ought to be on board such vessel or aircraft;
ff)
require all or any such documents to be brought to him for inspection; and
{g)
retain any such documents brought to him for inspection,
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and the master of any vessel and the pilot of any aircraft refusing to allow such officer to board or search such vessel or aircraft, or refusing to give such information or to produce such documents on demand shall be guilty of an offence.
pilot
"pilot" means any person having or taking command or charge of an aircraft; 697 14th. MARCH, 2006 11Ports Department warehouse 11 means a warehouse of the Ports Department controlled and managed by the Director of Ports under the Ports Act; ~~preferential tariffn means the tariff of the different rates of duty imposed by order of the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, under subsection [2) of section 9;
If any place, box or thing on board such vessel or aircraft is locked and the key withheld, such officer may break open any such place, box or thing.
If any goods be found concealed on board any vessel or aircraft, they shall be deemed to be unexcisable goods.
unexcisable goods
"unexcisable goods" means goods in respect of which a breach of this Order has been committed;
Terms defined in s 2
aircraft
Defined · s 2"aircraft" includes any kind of craft which may be used for the conveyance of passengers or goods by air;
customs airport
Defined · s 2"customs airport" has the same meaning as in subsection (1) of section 2 of the Customs Order, 2006;
customs port
Defined · s 2"customs port" has the same meaning as in subsection (1) of section 2 of the Customs Order, 2006;
goods
Defined · s 2"goods" includes animals, birds, fish, plants and all kinds of movable property;
master
Defined · s 2"master" means any person, except a pilot or harbour master, having for the time being control or charge of a vessel;
pilot
Defined · s 2"pilot" means any person having or taking command or charge of an aircraft; 697 14th. MARCH, 2006 11Ports Department warehouse 11 means a warehouse of the Ports Department controlled and managed by the Director of Ports under the Ports Act; ~~preferential tariffn means the tariff of the different rates of duty imposed by order of the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, under subsection [2) of section 9;
proper officer of excise
Defined · s 2"proper officer of excise" means any officer of excise acting in the fulfilment of his duties under this Order, whether such duties are assigned to him specially or generally, or expressly or by implication;
unexcisable goods
Defined · s 2"unexcisable goods" means goods in respect of which a breach of this Order has been committed;
vessel
Defined · s 2"vessel" includes any ship or boat or any other description of vessel used in navigation;
Part XV
Provisions as to Trial and Proceedings
Part XVI
Offences and Penalties
Part XVII