MALAYSIAN QUALIFICATIONS AGENCY ACT 2007

Malaysian Qualifications Agency LAWS OF MALAYSIA REPRINT Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 As at 1 November 2017 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 679 Laws of Malaysia MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 Date of Royal Assent … … … … 29 August 2007 Date of publication in the Gazette … … 30 August 2007 Malaysian Qualifications Agency LAWS OF MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Prevailing law Part II MALAYSIAN QUALIFICATIONS AGENCY 4. 5. 6. 7. 8. 9. 10. Establishment of the Agency Common seal Functions of the Agency Powers of the Agency Directions by Minister Committees on accreditation Returns, reports, accounts and information Part III COUNCIL OF MALAYSIAN QUALIFICATIONS AGENCY 11. Council of Malaysian Qualifications Agency 12. Functions of the Council 3 4 Laws of Malaysia Act 679 Section 13. Temporary exercise of functions of the Chairman 14. Tenure of office 15. Allowances 16. Revocation of appointment and resignation 17. Vacation of office 18. Filling of vacancies 19. Secretary 20. Committees Part IV PROVISIONS RELATING TO OFFICERS AND EMPLOYEES 21. Appointment of Chief Executive Officer 22. Appointment of employees 23. Conditions of service 24. Loans, scholarships and advances 25. Payment of retirement benefit, etc. 26. Application of Statutory Bodies (Discipline and Surcharge) Act 2000 27. Agency may adopt regulations, etc. Part V FINANCIAL PROVISIONS 28. Malaysian Qualifications Agency Fund 29. Expenditure to be charged on Fund 30. Conservation of Fund 31. Expenditure and preparation of estimates 32. Power to borrow 33. Investment 34. Accounts and reports Malaysian Qualifications Agency 5 Part VI MALAYSIAN QUALIFICATIONS FRAMEWORK Section 35. The Framework 36. Objectives of the Framework 37. Compliance with the Framework Part VII PROVISIONAL ACCREDITATION 38. Application for provisional accreditation 39. Power to grant or refuse application 40. Certificate of provisional accreditation 41. Power to impose conditions 42. Revocation of provisional accreditation 43. Provisional accreditation of professional programme or professional qualification 44. Provisional accreditation of skills training programme or skills training qualification Part VIII ACCREDITATION Chapter 1 Programmes and qualifications under the Malaysian Qualifications Framework 45. Application for accreditation 46. Power to grant or refuse accreditation 47. Certificate of accreditation 48. Power to impose conditions 49. Revocation of accreditation 6 Laws of Malaysia Act 679 Chapter 2 Professional programmes and professional qualifications Section 50. Application for accreditation 51. Joint Technical Committee 52. Power to grant or refuse accreditation 53. Certificate of accreditation 54. Power to impose conditions 55. Revocation of accreditation Chapter 3 Foreign programmes and qualifications 56. Application for accreditation 57. Power to grant or refuse accreditation 58. Certificate of accreditation 59. Power to impose conditions 60. Revocation of accreditation Chapter 4 Self-accrediting higher education providers 61. Application for self-accreditation status on invitation 62. Registering programmes or qualifications 63. Certificate of self-accreditation and certificate of accreditation 64. Revocation of self-accreditation status or cancellation of registration Chapter 5 Skills training programmes and qualifications 65. Application for accreditation 66. Power to grant or refuse accreditation 67. Certificate of accreditation Malaysian Qualifications Agency 7 Section 68. Power to impose conditions 70. Registering accredited skills training programmes and qualifications 69. 71. Revocation of accreditation Cancellation of registration Chapter 6 Programmes and qualifications of a branch campus 72. 73. Registration of accredited programmes or qualifications of a branch campus Cancellation of registration Chapter 7 Prior learning and credit transfer 74. Application for accreditation 76. Power to impose conditions 75. 77. Power to grant or refuse accreditation Revocation of accreditation Part IX EVALUATION OF OTHER QUALIFICATIONS 78. 79. Application for equivalent evaluation Evaluation Part X INSTITUTIONAL AUDIT 80. Institutional audit Part XI MALAYSIAN QUALIFICATIONS REGISTER 81. Malaysian Qualifications Register 8 Laws of Malaysia Act 679 Part XII APPEALS Section 82. Appeal 83. Power of Minister or Appellate Committee on appeals 84. Decision of Minister or Appellate Committee on appeals Part XIII ENFORCEMENT AND INVESTIGATION 85. Authorized officer 86. Powers of authorized officer 87. Powers of examination 88. Production of documents, etc. 89. Seizure of documents, etc. 90. Application for a search warrant 91. Power of Magistrate to issue a search warrant 92. Search and seizure without warrant 93. Production of authority card 94. No cost or damages arising from seizure to be recoverable Part XIV OFFENCES AND PENALTIES 95. Interpretation 96. Enrolment of students for a programme claimed to be accredited 97. Prohibition on advertisement, etc. 98. Offences and penalties relating to higher education qualifications 99. Offences and penalties relating to applications made under the Act 100. Offences and penalties relating to certificate 101. Offences relating to inspection, enforcement and investigation Malaysian Qualifications Agency Part XV MISCELLANEOUS Section 102. Institution of prosecution 104. Offences by body corporate, etc. 103. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. Jurisdiction of Court of First Class Magistrate Compounding of offences General penalty Penalty in the case of a continuing offence Presumption Public servant Protection against suit and legal proceedings Public Authorities Protection Act 1948 Obligations of secrecy Power to exempt Power to make regulations Part XVI REPEAL, SAVINGS AND TRANSITIONAL 115. Repeal and dissolution 117. Transfer of property 116. 118. 119. 120. Transfer of powers, etc. Existing contracts Transfer of monies in funds Membership of the Lembaga 121. Continuance of officers and servants 123. Continuance of pending applications, etc. 122. 124. 125. 126. 127. Savings for certificates and registers Continuance of civil and criminal proceedings Reference in law or document to the Lembaga Continuance of use of name Prevention of anomalies Schedule 9 10 Laws of Malaysia Act 679 Malaysian Qualifications Agency 11 LAWS OF MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 An Act to establish the Malaysian Qualifications Agency as the national body to implement the Malaysian Qualifications Framework, to accredit higher educational programmes and qualifications, to supervise and regulate the quality and standard of higher education providers, to establish and maintain the Malaysian Qualifications Register and to provide for related matters. [1 November 2007, P.U. (B) 384/2007] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Qualifications Agency Act 2007. (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. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Agency” means the Malaysian Qualifications Agency established under section 4; 12 Laws of Malaysia Act 679 “accreditation” means a recognition granted by the Agency after examining and assessing— (a) a higher education programme or qualification; or (b) a higher education provider under Chapter 4 or 7 of Part VIII, which is in accordance with the Framework; “provisional accreditation” means provisional accreditation granted under section 39; “institutional audit” means an evaluation of an institution, to determine whether it is achieving its mission and goals, to identify strengths and areas of concern and to enhance quality, which is carried out in accordance with the provisions of section 80; “examination or certification body” means any body, within or outside Malaysia, which is specified by the Minister by way of order published in the Gazette, which affirms that a student has achieved the learning outcome; “professional body” means any body established under any written law for the purposes of regulating a profession and its qualifications or any other body recognized by the Government; “academic load” means the quantitative measure of learning activities which includes lectures, tutorials, seminars, practical work, field work, self study and examinations to achieve a set of learning outcomes; “Register” means the Malaysian Qualifications Register established and maintained by the Agency under section 81; “diploma” means the diploma awarded to a person after successful achievement by the person of a set of learning outcomes which is designed to lead to the award of such diploma or the equivalent thereof; “advanced diploma” means the advanced diploma awarded to a person after successful achievement by the person of a set of learning outcomes which is designed to lead to the award of such advanced diploma or the equivalent thereof; Malaysian Qualifications Agency 13 “appointed day” means the day on which this Act or any of its provisions comes into operation; “learning outcome” means the standard to be achieved from an educational or skill training programme or qualification as determined by the Framework; “degree” means the degree awarded to a person at a Bachelor level, or a Masters level or a Doctorate level after successful achievement by the person of a set of learning outcomes which is designed to lead to the award of such degree or the equivalent thereof; “higher education qualification” means a certificate, diploma, advanced diploma or degree or their equivalent and includes any other qualification stipulated in the Framework; “Framework” means the Malaysian Qualifications Framework referred to under section 35; “credit” means a representative measure to reflect the academic load; “Fund” means the Malaysian Qualifications Agency Fund established under section 28; “course of study” means a single or a set of related courses and includes short or long term courses leading to an award of a higher education qualification; “skills training” means work based and industry oriented activities which aim to provide the knowledge, skills and attitude required for effective and efficient performance of a task or job; “Council” means the Council of Malaysian Qualifications Agency constituted under section 11; “Minister” means the Minister charged with the responsibility for higher education; “authorized officer” means an officer authorized by the Minister under section 85; 14 Laws of Malaysia Act 679 “higher education provider” means a body corporate, organization or other body of persons which conducts higher education or training programmes including skills training programmes leading to the award of a higher education qualification or which awards a higher education qualification and includes the public or private higher education providers, examination or certification bodies or their branch representatives; “credit transfer” means the recognition of credits earned in an accredited programme for the purpose of transferring to another accredited programme; “Chairman” means the Chairman of the Council appointed under paragraph 11(2)(a); “skills training provider” means a body corporate, organization or other body of persons