THE ASSOCIATION OF CONSULTING ENGINEERS MALAYSIA. CIRCULAR NO, 1/2013 ADVISORY NOTE ON SOFTWARE AUDIT With reference to an enquity by a member during our AGM on 16 June 2012, pertaining to software audit by the Ministry of Domestic Trade, Cooperative and ‘Consumerism, ACEM would like to highlight related clauses from the Copyright Act 1987 for your information as below: Copyright Act 1987: Act 332 & Section 44 allows power of entry. A warrant would be required and must be issued by a magistrate. However sub section (1) also allows entry without warrant provided the officer is satisfied, upon information received, that he has reasonable grounds for believing that evidence to an offence will be destroyed or removed in case of delay in warrant. On entry, officers have the power to seize documents etc. > Section 45. Officer may exercise his powers under Section 44 by breaking in, effect forcible entry, and remove by force etc. > Section 49. Warrants which are defective, mistake or omission in the warrant shall be valid and enforceable. Members are advised to take the following actions if any officer insists on searching their office premise as an audit on their software: 1) Request for identification Only person with valid identification to show that he is: (a) A police officer not below the rank of Inspector, OR (b) An Assistant Controller (2 person appointed under Section 5(2) by the I-P Corporation of Malaysia established under the IP Corp Malaysia Act 2002), ‘shall be allowed to carry out the audit. 2) Request for Search Warrant If person identified themselves as officer empowered, ask for search warrant and reasons for search and entry. (Please note that Section 44 of the Act allows search even without warrant). 1 ACEM Circular No. 172013 Advisory Note on Software Aunt3) Allow for Search If items 1 and 2 above are acceptable and if no warrant but explanation for search given by officer, then allow them to search. (Please note that section 48 of the Act allows for arrest in case of obstruction). 4) Request for Inventory Request for an inventory of all items seized by the police or assistant controller. ACEM would like to advise members to seek guidance from their legal officers for further clarification before taking any further action regarding the above. \ Ir, Wong Loo Mint President The Association of Consulting Engineers Malaysia Session 2012/2013 Dated: 25 February 2013 2 ACEM Groular No. 1/2013 Adulsory Note on Software Audit