MALAYSIAN BORDER SECURITY AGENCY ACT 2017

Malaysian Border Security Agency LAWS OF MALAYSIA Act 799 MALAYSIAN BORDER SECURITY AGENCY ACT 2017 1 2 Laws of Malaysia Date of Royal Assent Act 799 ... ... 10 November 2017 Date of publication in the Gazette ... ... ... 30 November 2017 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysian Border Security Agency LAWS OF MALAYSIA Act 799 MALAYSIAN BORDER SECURITY AGENCY ACT 2017 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II MALAYSIAN BORDER SECURITY AGENCY 3. Establishment of Malaysian Border Security Agency 4. Functions of Agency Part III HIGH LEVEL COMMITTEE 5. High Level Committee 6. Meetings of High Level Committee 7. Function of High Level Committee Part IV COORDINATING COMMITTEE 8. Coordinating Committee 9. Meetings of Coordinating Committee 10. Functions of Coordinating Committee 3 4 Laws of Malaysia Section Act 799 Part V OFFICER OF THE AGENCY 11. 12. 13. 14. 15. Appointment of Commissioner General and Deputy Commissioner General of Agency Revocation and resignation of Commissioner General Appointment of other officers of Agency Powers of officers of Agency Certificate of appointment Part VI GENERAL 16. Uniform and equipment 18. Personation 17. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Uniform and equipment to be delivered up on ceasing to be officer of Agency Rank of officer of Agency Prosecution Obligation of secrecy Protection against suits and legal proceedings Public servant Public Authorities Protection Act 1948 Standing Orders Protection of informers from discovery Evidence of agent provocateur admissible Regulations Part VII SAVING AND TRANSITIONAL 29. 30. Existing committees Existing Anti-Smuggling Unit SCHEDULE 5 Malaysian Border Security Agency LAWS OF MALAYSIA Act 799 MALAYSIAN BORDER SECURITY AGENCY ACT 2017 An act to provide for the establishment of the Malaysian Border Security Agency, securing the Malaysian land border against any smuggling activities or other illegal activities and for connected matters. [ ] 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 Border Security Agency Act 2017. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 6 Laws of Malaysia Act 799 Interpretation 2. In this Act, unless the context otherwise requires— “Agency” means the Malaysian Border Security Agency established under section 3; “Government Entities” includes— (a) any ministry, department, office, agency, authority, commission, committee, board or council of the Federal Government, or of any of the State Governments, established under any written law or otherwise; (b) any local authorities; and (c) the security forces; “High Level Committee” means the High Level Committee established under subsection 5(1); “Coordinating Committee” means the Coordinating Committee of the Agency established under subsection 8(1); “Commissioner General” means the Commissioner General of the Agency appointed under subsection 11(1); “Minister” means the Minister charged with the responsibility for internal security; “officer of the Agency” includes the Commissioner General and the Deputies Commissioner General appointed under section 11, and any officer of the Agency appointed under subsection 13(1); “Malaysian land border” means land border between Malaysia and Thailand, Malaysia and Indonesia, and Malaysia and Brunei. Part II MALAYSIAN BORDER SECURITY AGENCY Establishment of Malaysian Border Security Agency 3. (1) An agency by the name of the “Malaysian Border Security Agency” is established. Malaysian Border Security Agency 7 (2) The Agency shall, subject to this Act, be employed at the Malaysian land border for securing any smuggling activities or other illegal activities at the Malaysian land border. Functions of Agency 4. The Agency shall have the following functions: (a) to carry out Malaysian land border control; (b) to make recommendations on matters relating to Malaysian land border security or for matters provided for under this Act to the High Level Committee and the Coordinating Committee; (c) to receive any report of the commission of an offence in relation to smuggling activities or other illegal activities at the Malaysian land border; (d) to prevent and suppress the commission of an offence in relation to smuggling activities or other illegal activities at the Malaysian land border; (e) to coordinate the implementation of enforcement by the Agency with other agencies at the Malaysian land border; (f) to monitor any smuggling activities or other illegal activities at the Malaysian land border; (g) to formulate policies and programmes to prevent any smuggling activities or other illegal activities at the Malaysian land border; and (h) generally to perform any other function for ensuring Malaysian land border security and wellbeing or do all matters incidental to its functions. Part III HIGH LEVEL COMMITTEE High Level Committee 5. (1) A committee to be known as the High Level Committee for the Agency is established for the purpose of this Act. 8 Laws of Malaysia Act 799 (2) The High Level Committee shall consist of the following members: (a) the Minister as Chairman; (b) the Minister in the Prime Minister’s Department; (c) the Minister charged with the responsibility for finance; (d) the Minister charged with the responsibility for transport; (e) the Minister charged with the responsibility for medical and health service; (f) the Minister charged with the responsibility for plantation industries and commodities; (g) the Minister charged with the responsibility for tourism and culture; (h) the Minister charged with the responsibility for defence; (i) the Minister charged with the responsibility for agriculture and agro-based industry; (j) the Minister charged with the responsibility for foreign affairs; (k) the Minister charged with the responsibility for natural resources and environment; (l) the Secretary General of the Ministry charged with the responsibility for internal security; (m) the Chief of Defence Forces; (n) the Inspector General of Police; (o) the Director General of the National Security, National Security Council; (p) the Director General of the Royal Malaysian Customs Department; (q) the Director General of the Immigration Department of Malaysia; (r) the Director General of the National Anti-Drugs Agency; and (s) the Director General of the National Kenaf and Tobacco Board. Malaysian Border Security Agency 9 Meetings of High Level Committee 6. (1) The High Level Committee shall meet as often as may be necessary. (2) Seven members, including the Chairman, shall form the quorum of a meeting of the High Level Committee. (3) The High Level Committee may invite any person not being a member of the High Level Committee to attend its meetings to advise the High Level Committee on any matter under discussion. (4) The Agency may appoint any officer from amongst the officers of the Agency to be the secretariat for the High Level Committee. Function of High Level Committee 7. The High Level Committee shall deliberate and decide on the recommendations made by the Coordinating Committee and the Agency or any matter relating to Malaysian land border security. Part IV COORDINATING COMMITTEE Coordinating Committee 8. (1) A Coordinating Committee is established for the purpose of this Act. (2) The Coordinating Committee shall consist of the following members: (a) the Secretary General of the Ministry charged with the responsibility for internal security as Chairman; (b) the Commissioner General; (c) the Director General of the National Security, National Security Council; (d) the Director General of the Royal Malaysian Customs Department; 10 Laws of Malaysia Act 799 (e) the Director General of the Immigration Department of Malaysia; (f) the Director General of the Department of Wildlife and National Parks, Peninsular Malaysia; (g) the Director General of Agriculture, Department of Agriculture; (h) the Chief Commissioner of the Malaysia Civil Defence Force; (i) the Director General of the Government Security; (j) the Chief Commissioner of the Malaysia Volunteers Corps (RELA); (k) the Director General of the National Anti-Drugs Agency; (l) the Director General of the National Kenaf and Tobacco Board; (m) the Director of Internal Security and Public Order Department, Royal Malaysia Police; (n) the Director of the Management Department, Royal Malaysia Police; (o) the Chief Police Officer for the State of Kedah; (p) the Chief Police Officer for the State of Perak; (q) the Chief Police Officer for the State of Sabah; (r) the Chief Police Officer for the State of Sarawak; (s) the Chief Police Officer for the State of Kelantan; (t) the Chief Police Officer for the State of Perlis; (u) a representative from the Ministry of Finance; and (v) a representative from the Ministry of Defence. Meetings of Coordinating Committee 9. (1) The Coordinating Committee shall meet as often as may be necessary. Malaysian Border Security Agency 11 (2) Seven members, including the Chairman, shall form the quorum of a meeting of the Coordinating Committee. (3) The Coordinating Committee may invite any person not being a member of the Coordinating Committee to attend its meetings to advise the Coordinating Committee on any matter under discussion. (4) The Agency may appoint any officer from amongst the officers of the Agency to be the secretariat for the Coordinating Committee. Functions of Coordinating Committee 10. (1) The Coordinating Committee shall have the following functions: (a) coordinating the implementation of this Act; (b) to make recommendations on matters relating to Malaysian land border security or for matters provided for under this Act to the High Level Committee; (c) implementing all the decisions made by the High Level Committee; (d) formulating policies and programmes to prevent any smuggling activities or other illegal activities at the Malaysian land border; (e) monitoring any smuggling activities or other illegal activities at the Malaysian land border and to secure response from the relevant Government agencies and organizations; (f) certifying the recommendations made by the Agency to the High Level Committee; (g) considering measures to secure any smuggling activities or other illegal activities at the Malaysian land border; (h) cooperating and coordinating with Government agencies and international organizations on any smuggling activities or other illegal activities at the Malaysian land border; and (i) performing any other functions for the proper implementation of this Act. 12 Laws of Malaysia Act 799 (2) The Coordinating Committee may establish any committee as the Coordinating Committee thinks necessary or expedient to assist the Coordinating Committee in the performance of its functions. Part V OFFICER OF THE AGENCY Appointment of Commissioner General and Deputy Commissioner General of Agency 11. (1) The Yang di-Pertuan Agong shall appoint a person from amongst the public officers to be the Commissioner General of the Agency for a period not exceeding three years and the person is eligible for reappointment for any period as the Yang di-Pertuan Agong considers necessary. (2) The Minister shall appoint Deputies Commissioner General of the Agency from amongst the public officers for a period as the Minister thinks necessary or expedient for the purposes of carrying out and giving effect to the provisions of this Act. (