NATIONAL SECURITY COUNCIL ACT 2016

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 776 NATIONAL SECURITY COUNCIL ACT 2016 As at 15 January 2021 2 NATIONAL SECURITY COUNCIL ACT 2016 Date of Royal Assent … … … 18 February 2016 (pursuant to Clause (4A) of Article 66 of the Federal Constitution) Date of publication in the Gazette … 7 June 2016 Latest amendment made by Act A1625 which came into operation on … … 1 November 2020 3 LAWS OF MALAYSIA Act 776 NATIONAL SECURITY COUNCIL ACT 2016 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II NATIONAL SECURITY COUNCIL 3. Establishment of the National Security Council 4. Functions of the Council 5. Powers of the Council 6. Membership of the Council 7. Meetings 8. Procedure at meetings 9. Temporary exercise of functions of the Chairman 10. Council may invite others to meetings 11. Procedures 4 Laws of Malaysia ACT 776 Section 12. Council may establish committees 13. Secretary to the Council 14. Fund PART III DUTIES OF THE DIRECTOR GENERAL OF NATIONAL SECURITY AND GOVERNMENT ENTITIES 15. Appointment of the Director General of National Security and officers 16. Duties and powers of the Director General 17. Duties of Government Entities in relation to information or intelligence PART IV DECLARATION OF SECURITY AREA 18. Declaration of security area 19. Executive order of the Council 20. Director of Operations 21. Duties and powers of Director of Operations PART V SPECIAL POWERS OF THE DIRECTOR OF OPERATIONS AND SECURITY FORCES DEPLOYED TO THE SECURITY AREA 22. Exclusion and evacuation of persons 23. Curfew 24. Power to control movement, roads, etc. 25. Power of arrest 26. Power to search and seize 27. Power to search premises for dangerous things National Security Council Section 28. Power to search persons for dangerous things 29. Power to seize vehicle, vessel, aircraft or conveyance 30. Power to take temporary possession of land, building or movable property 31. Demand for use of resources 32. Compensation 33. Power to order destruction of certain unoccupied buildings 34. Use of reasonable and necessary force 35. Power to dispense with inquests, etc. 36. Arrested persons and things seized to be handed over to police PART VI GENERAL 37. Obligations of secrecy 38. Protection against suits and legal proceedings 39. Public servant 40. Public Authorities Protection Act 1948 41. Prosecution 42. Regulations 42A. Liability of director, etc., of company, etc. 42B. Liability of person for act, etc., of employee, etc. PART VII SAVINGS 43. Existing National Security Council 44. Existing Committees 5 7 LAWS OF MALAYSIA Act 776 NATIONAL SECURITY COUNCIL ACT 2016 An Act to provide for the establishment of the National Security Council, the declaration of security areas, the special powers of the Security Forces in the security areas and other related matters. [Throughout Malaysia ―1 August 2016,, P.U. (B) 310/2016] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) 2016. This Act may be cited as the National Security Council Act (2) This Act comes into operation on a date to be appointed by the Prime Minister by notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— “armed forces” has the meaning assigned to it in the Armed Forces Act 1972 [Act 77]; 8 Laws of Malaysia ACT 776 “dangerous things” includes firearms, ammunition, explosive substances, weapons or any other thing that is reasonably likely to be used to cause serious damage to property, or death or serious injury to a person; “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; “security area” means any area declared by the Yang di-Pertuan Agong under section 18; “Director General” means the Director General of National Security appointed under section 15; “Council” means the National Security Council established under section 3; “Security Forces” means― (a) the Royal Malaysia Police, the Royal Malaysia Police Volunteer Reserve and the Auxiliary Police referred to in the Police Act 1967 [Act 344]; (b) the armed forces; (c) any force which is a visiting force for the purposes of Part I of the Visiting Forces Act 1960 [Act 432]; or (d) the Malaysian Maritime Enforcement Agency established under the Malaysian Maritime Enforcement Agency Act 2004 [Act 633]; National Security Council 9 “Director of Operations” means any person appointed by the Council under section 20; “Chairman” means the Chairman of the Council referred to in section 6; “declaration” means the declaration of a security area made under section 18. PART II NATIONAL SECURITY COUNCIL Establishment of the National Security Council 3. (1) A Council by the name of the “National Security Council” is established. (2) The Council shall be the Government’s central authority for considering matters concerning national security. Functions of the Council 4. The Council shall have the following functions: (a) to formulate policies and strategic measures on national security, including sovereignty, territorial integrity, defence, socio-political stability, economic stability, strategic resources, national unity and other interests relating to national security; (b) to monitor the implementation of the policies and strategic measures on national security; (c) to advise on the declaration of security areas; and (d) to perform any other functions relating to national security for the proper implementation of this Act. 10 Laws of Malaysia ACT 776 Powers of the Council 5. Notwithstanding any other written law, the Council shall have the power to do all things necessary or expedient for or in connection with the performance of its functions including― (a) to control and coordinate Government Entities on operations concerning national security; and (b) to issue directives to any Government Entity on matters concerning national security. Membership of the Council 6. (1) The Council shall consist of the following members: (a) the Prime Minister as Chairman; (b) (Deleted by Act A1625); (c) the Minister charged with the responsibility for defence; (d) the Minister charged with the responsibility for home affairs; (e) the Minister charged with communication and multimedia; the responsibility for (f) the Chief Secretary to the Government; (g) the Chief of Defence Forces; and (h) the Inspector General of Police. (2) The Chairman shall appoint from amongst the members of the Council a Deputy Chairman. National Security Council 11 Meetings 7. (1) The Council shall convene its meetings as often as may be necessary but which shall not be less than once in every three months. (2) The meetings shall be held at the time and place as determined by the Chairman. Procedure at meetings 8. (1) The Chairman shall preside at all meetings of the Council. (2) If the Chairman is absent from any meeting of the Council, he may appoint the Deputy Chairman or, in the absence of the Deputy Chairman, any other member of the Council, to replace him as the chairman of the meeting. (3) The quorum of the Council shall be five. Temporary exercise of functions of Chairman 9. (1) The Deputy Chairman shall act as the Chairman for the period when― (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to carry out his functions. (2) The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman. 12 Laws of Malaysia ACT 776 Council may invite others to meetings 10. The Council may invite any person not being a member of the Council to attend its meetings to advise the Council on any matter under discussion. Procedures 11. Subject to this Act, the Council may determine its own procedure. Council may establish committees 12. (1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. (2) The Council may appoint any person to be a member of any committee established under subsection (1). (3) The Council may appoint any of its members or any other person to be the chairman of the committee established under subsection (1). (4) The committee shall be subject to and act in accordance with any direction given by the Council. (5) The committee shall meet as often as may be necessary at the time and place as the chairman of the committee may determine. (6) The committee may regulate its own procedure. (7) The committee may invite any other person to attend any meeting of the committee for the purpose of advising the committee on any matter under discussion. National Security Council 13 Secretary to the Council 13. (1) The Director General shall be the Secretary to the Council. (2) The Secretary shall be responsible— (a) for the overall administration and management of the functions and the day-to-day affairs of the Council; and (b) for the carrying out of any other duties as directed by the Council. (3) The Secretary shall, in carrying out his responsibilities, act under the direction of the Council. Fund 14. The Government shall provide sufficient funds for the Council annually to enable the Council to perform its functions under this Act. PART III DUTIES OF THE DIRECTOR GENERAL OF NATIONAL SECURITY AND GOVERNMENT ENTITIES Appointment of the Director General of National Security and officers 15. (1) The Prime Minister shall, upon the recommendation of the Chief Secretary to the Government, appoint a person from amongst the public officers to be the Director General of National Security. (2) There shall be appointed Deputies Director General of National Security and such number of other officers and servants from amongst the public officers as is considered necessary or expedient for the purposes of carrying out and giving effect to the provisions of this Act. 14 Laws of Malaysia ACT 776 (3) The Director General shall be responsible to the Council in the performance of his duties under this Act. (4) The Deputies Director General and such other officers and servants referred to in subsection (2) shall be subject to the general direction and supervision of the Director General. Duties and powers of the Director General 16. (1) The Director General shall have such duties and powers as may be imposed or conferred upon him by the Council. (2) Without prejudice to the generality of subsection (1), the Director General shall have the following duties: (a) to implement the policies and strategic measures on national security formulated by the Council; (b) to coordinate and monitor the implementation of the policies and strategic measures on national security by the Government Entities; (c) to advise and make recommendations to the Council on strategic measures concerning national security; (d) to collect, evaluate, correlate and coordinate the information and intelligence from all Government Entities, and to disseminate the information and intelligence to the Government Entities as may be essential in the interest of national security; (e) to supervise and monitor the implementation of the declaration of a security area and any executive order issued; (f) to issue directives to the Government Entities on national security measures; and (g) to perform such other duties as directed by the Council. National Security Council 15 (3) Notwithstanding subsection (2), the supervisory and monitoring functions conferred on the Director General shall not extend to the operational control of the Sec