NATIONAL ANTI-DRUGS AGENCY ACT 2004

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 As at 15 October 2016 2 NATIONAL ANTI-DRUGS AGENCY ACT 2004 Date of Royal Assent … … … … … 24 December 2004 … … … 30 December 2004 Date of publication in the Gazette Latest amendment made by Act A1514 which came into operation on … … … … 18 August 2016 PREVIOUS REPRINTS First Reprint … … … … … 2006 Second Reprint … … … … … 2008 3 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS 3. Establishment of the National Anti-Drugs Agency 4. Appointment of the Director General of the Agency 5. Appointment of other officers of the Agency PART III FUNCTIONS AND POWERS OF THE AGENCY 6. Functions of the Agency 7. Powers of the Agency PART IV GENERAL 8. Report on status of investigation 9. Report of an officer of the Agency 10. Officer deemed to be always on duty 4 Laws of Malaysia Section 11. Identification 12. Standing orders 13. Regulations SCHEDULE ACT 638 5 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 An Act to establish the National Anti-Drugs Agency to vest powers on the officers of the Agency to perform preventive, treatment, rehabilitation, enforcement, investigation, special preventive measures, forfeiture of property and administrative functions with respect to offences under the Dangerous Drugs Act 1952 [Act 234], Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283], Dangerous Drugs (Special Preventive Measures) Act 1985 [Act 316], Dangerous Drugs (Forfeiture of Property) Act 1988 [Act 340] and for matters necessary thereto or connected therewith. [1 August 2007, P.U. (B) 287/2007; except paragraphs 6(a), (c) and (d)] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Anti-Drugs Agency Act 2004. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act. 6 Laws of Malaysia ACT 638 Interpretation 2. In this Act, unless the context otherwise requires— “Agency” means the National Anti-Drugs Agency established under section 3; “Director General” means the Director General of the Agency appointed under subsection 4(1); “Minister” means the Minister charged with the responsibility for internal security; “officer of the Agency” includes the Director General and any officer appointed under section 5; “senior officer of the Agency” means the Director General and any officer of the Agency holding the office of Deputy Director General, Director, Senior Assistant Director and Assistant Director. PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS Establishment of the National Anti-Drugs Agency 3. (1) For the purpose of this Act, the National Anti-Drugs Agency is established. (2) The Agency shall, subject to this Act, be employed for the prevention, detection, apprehension, enforcement, investigation and prosecution of offenders involving dangerous drugs offences, treatment and rehabilitation of drug dependants, special preventive detention of persons associated with any activity relating to or involving the trafficking in dangerous drugs, forfeiture of property connected with any activity related to dangerous drugs offences and the collection of security intelligence relating to dangerous drugs activity. National Anti-Drugs Agency 7 Appointment of the Director General of the Agency 4. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director General of the National Anti-Drugs Agency, who shall head the Agency, from amongst members of the public services for such period and on such terms and conditions as may be specified in the instrument of appointment. (2) The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of compulsory retirement he may be reappointed as Director General by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. (3) The Director General shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the advice of the Prime Minister. (4) The Director General shall, during his term of office as such, be deemed to be a member of the general public service of the Federation for purposes of discipline. (5) The Director General shall be responsible for the direction, command, control and supervision of all matters relating to the Agency. (6) The Director General shall, before assuming the duties and responsibilities of his office, make, in such manner as he may declare to be most binding on his conscience before the Yang di-Pertuan Agong, such declaration as may be prescribed by the Minister by regulations made under section 13. (7) There shall be issued to the Director General a certificate of appointment in the form of an authority card as evidence of his appointment. Appointment of other officers of the Agency 5. (1) There shall be appointed such number of officers of the Agency to hold the office of Deputy Director General, Director, Senior Assistant 8 Laws of Malaysia ACT 638 Director, Assistant Director, Investigator, Senior Assistant Officer, Assistant Officer and such number of other officers of the Agency as may be necessary for the purpose of carrying into effect the provisions of this Act. (2) An officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the direction, command, control and supervision of the Director General or any other officer of the Agency superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions or instructions as may be specified orally or in writing by the Director General or any other officer of the Agency superior to him in rank. (3) A certificate of appointment in the form of an authority card shall be issued to every officer of the Agency appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act. PART III FUNCTIONS AND POWE RS OF THE AGENCY Functions of the Agency 6. The functions of the Agency shall be— (a) to enforce, carry out and give effect to the provisions of the Dangerous Drugs Act 1952 except for sections 4, 5, 7, paragraph 9(1)(a), section 11 , subsection 12 (1) and sections 16 and 17; (b) to enforce, exercise, discharge and perform the powers, duties and functions under the Drug Dependants (Treatment and Rehabilitation) Act 1983; (c) to enforce, exercise, discharge and perform the powers, duties and functions under the Dangerous Drugs (Special Preventive Measures) Act 1985; (d) to enforce, administer, carry out and give effect to the provisions of the Dangerous Drugs (Forfeiture of Property) Act 1988; National Anti-Drugs Agency 9 (e) to prevent and suppress illicit trafficking and misuse of dangerous drugs; (f) to lend assistance in any misuse of dangerous drugs matters on a request by a foreign State as provided under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; (g) to educate the public against misuse of dangerous drugs; (h) to enlist and foster public support in combating misuse of dangerous drugs; (i) to advise the Minister on policies relating to prevention of misuse of dangerous drugs, treatment and rehabilitation of drug dependants, special preventive measures of persons associated with trafficking in dangerous drugs and the forfeiture of property connected with dangerous drugs offences; and (j) generally to perform any other duty for combating misuse of dangerous drugs or do all matters incidental thereto. Powers of the Agency 7. (1) The Agency shall have powers to carry out the purposes mentioned in subsection 3(2) and to do all things reasonably necessary for or incidental to the performance of its functions under section 6. (2) Without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purposes of this Act, all the powers and immunities of a police officer as provided for under the Police Act 1967 [Act 344], the Dangerous Drugs Act 1952, Drug Dependants (Treatment and Rehabilitation) Act 1983, Dangerous Drugs (Special Preventive Measures) Act 1985 and Dangerous Drugs (Forfeiture of Property) Act 1988. (3) Without prejudice to the generality of subsection (2)— (a) a Deputy Director General, a Director, a Senior Assistant Director and an Assistant Director of the Agency shall have all the powers of 10 Laws of Malaysia ACT 638 a police officer of and above the rank of Assistant Superintendent of Police; (b) an Investigator of the Agency shall have all the powers of a police officer of the rank of Inspector; (c) a Senior Assistant Officer of the Agency shall have all the powers of a police officer of the rank of Sub-Inspector; (d) an Assistant Officer of the Agency shall have all the powers of a police officer of the rank of Sergeant; and (e) an officer of the Agency below the rank of Assistant Officer, when escorting and guarding persons in custody of the Agency, shall have all the powers of a police officer of the rank of Corporal and below and a prison officer of the rank of Sergeant and below under the Prison Act 1995 [Act 537]. (4) For the purpose of this Act— (a) where an order, a certificate or any other act is required to be given, issued or done by an officer in charge of a Police District under any written law, such order, certificate or act may be given, issued or done by a senior officer of the Agency, Investigator or Senior Assistant Officer and for such purpose, the place where the order, certificate or act was given, issued or done shall be deemed to be a Police District under his charge; (b) an officer of the Agency shall have all the powers conferred on an officer in charge of a police station under any written law, and for such purpose the office of such officer shall be deemed to be a police station; and (c) an officer of the Agency shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof, but in the event of any inconsistency or conflict between the provisions of this National Anti-Drugs Agency 11 Act and those of the Criminal Procedure Code, the provisions of this Act shall prevail. PART IV GENERAL Report on status of investigation 8. (1) Any person who has given information to the Agency under the Dangerous Drugs Act 1952, Drug Dependants (Treatment and Rehabilitation) Act 1983, Dangerous Drugs (Special Preventive Measures) Act 1985 or Dangerous Drugs (Forfeiture of Property) Act 1988 may request for a report on the status of the investigation of the offence complained of in his information from the Agency. (2) The Agency shall give a status report on the investigation of such offence to the informant not later than two weeks from the receipt of the request made under subsection (1). (3) Notwithstanding subsection (2), the Agency shall not be required to provide a status report on an investigation of an offence— (a) unless a period of four weeks has lapsed from the date of the giving of the information; and (b) which contains any matter that is likely to adversely a