Appointment of Commercial Affairs Officers
64.—(1)  The Minister may appoint such number of persons to be Commercial Affairs Officers as the Minister may think fit.
(2)  A Commercial Affairs Officer may investigate any suspected offence which appears to him or her to have been committed under any written law.
(3)  For the purposes of subsection (2), a Commercial Affairs Officer —
(a)has all the powers of investigation conferred on police officers —
(i)in relation to the investigation of offences under the Criminal Procedure Code 2010*; or
(ii)under such other written law as the Minister may, by notification in the Gazette, prescribe,
and is deemed to be a police officer not below the rank of inspector for the purposes of those written laws;
(b)may without warrant, arrest any person —
(i)who has been concerned in an arrestable offence or is reasonably suspected of having been involved in one, or against whom a reasonable complaint has been made or credible information has been received of the person having been so concerned or involved;
(ii)who possesses anything that may reasonably be suspected to be stolen or fraudulently obtained property, and who may reasonably be suspected of having committed an offence in acquiring it; or
(iii)who obstructs a Commercial Affairs Officer while that Commercial Affairs Officer is doing his or her duty, or has escaped or tries to escape from the lawful custody of a Commercial Affairs Officer or any other person;
(c)when exercising the powers of investigation under the Criminal Procedure Code 2010* in relation to an arrestable offence by virtue of paragraph (a), may —
(i)enter any place belonging to or under the control of any person who —
(A)is under arrest in connection with the offence;
(B)is reasonably believed to be connected with the offence; or
(C)is reasonably believed to have given shelter to a person under arrest; and
(ii)search the place for any evidence of the offence;
(d)when lawfully making a search for anything in any place in respect of any offence, may —
(i)lawfully detain every person found there until the search is completed; and
(ii)search each person found in the place for any thing sought if the thing can be concealed on a person;
(e)may, whenever a person is arrested in the following circumstances, search the person and place in safe custody all articles other than necessary wearing apparel found upon the person:
(i)a person who is arrested by a Commercial Affairs Officer under a warrant which does not provide for the taking of bail or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail;
(ii)a person who is arrested without warrant by a Commercial Affairs Officer and the person arrested cannot legally be admitted to bail or is unable to furnish bail;
(f)who has reason to believe that a person whom the Commercial Affairs Officer may lawfully arrest is inside any place —
(i)may demand entry to the place and any person residing in or in charge of the place must allow the Commercial Affairs Officer free entry and provide all reasonable facilities for a search in the place;
(ii)may, if entry to the place cannot be gained under sub‑paragraph (i), enter and search the place;
(iii)may, in any case in which an arrest warrant may be issued but cannot be obtained without the risk of the person to be arrested escaping, enter and search the place; and
(iv)may, if the Commercial Affairs Officer is unable to obtain entry to the place despite stating the Commercial Affairs Officer’s authority and purpose and demanding entry to the place, break open any outer or inner door or window of the place or use any other reasonable means to gain such entry;
(g)may break open a place to free himself or herself or any other person who, having lawfully gone inside to make an arrest, is detained in the place;
(h)may release any person on bail or personal bond in accordance with Division 5 of Part 6* of the Criminal Procedure Code 2010*; and
(i)may serve on any person (whom the Commercial Affairs Officer has reasonable grounds for believing has committed an offence) a notice to attend court, or require any person to execute a bond to appear before a court, in accordance with Division 6 of Part 6* of the Criminal Procedure Code 2010*.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3A)  A Commercial Affairs Officer —
(a)when making an arrest under subsection (3)(b), must comply with sections 67, 68, 73, 74, 75 and 76 of the Criminal Procedure Code 2010*; and
(b)when searching a woman, must comply with section 83(1) of the Criminal Procedure Code 2010*,
as if the Commercial Affairs Officer were a police officer.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3B)  A person arrested by a Commercial Affairs Officer must not be released except on the person’s own bond or on bail, or by a written order of a court or of any Commercial Affairs Officer.
[Act 21 of 2021 wef 01/01/2022]
(3C)  The provisions of Divisions 5 and 6 of Part 6* of the Criminal Procedure Code 2010* apply in relation to the exercise of the powers of a Commercial Affairs Officer under subsection (3)(h) or (i) and for that purpose —
(a)any reference to an officer, a police officer or a police officer not below the rank of sergeant is a reference to a Commercial Affairs Officer; and
(b)the reference to the Commissioner of Police in section 92 of the Criminal Procedure Code 2010* is a reference to the head of the Commercial Affairs Department or a person of a similar rank.
[Act 21 of 2021 wef 01/01/2022]
[*Updated to be consistent with the 2020 Revised Edition]
(3D)  For the purposes of subsection (2), section 25 applies to a Commercial Affairs Officer as if he or she were a police officer.
[Act 21 of 2021 wef 01/01/2022]
(4)  The Commissioner may confer on one or more Commercial Affairs Officers as the Commissioner may determine the powers of an Assistant Superintendent of Police under such written law as the Minister may, by notification in the Gazette, prescribe.
(5)  Apart from this section and section 25, this Act does not apply to a Commercial Affairs Officer.