MALAYSIA BORDER CONTROL AND PROTECTION AGENCY ACT 2024

Malaysia Border Control and Protection Agency LAWS OF MALAYSIA Act 860 MALAYSIA BORDER CONTROL AND PROTECTION AGENCY ACT 2024 1 2 Laws of Malaysia Act 860 Date of Royal Assent ... ... 9 October 2024 Date of publication in the Gazette ... ... 17 October 2024 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). Malaysia Border Control and Protection Agency LAWS OF MALAYSIA Act 860 MALAYSIA BORDER CONTROL AND PROTECTION AGENCY ACT 2024 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II ESTABLISHMENT OF MALAYSIA BORDER CONTROL AND PROTECTION AGENCY AND APPOINTMENT OF OFFICERS 3. Establishment of Malaysia Border Control and Protection Agency 5. Appointment of other officers of Agency 4. Appointment of Director General and Deputy Director General Part III FUNCTIONS AND POWERS OF AGENCY 6. Functions of Agency 8. Overlapping of functions 7. Powers of Agency 9. Offence under written law of States of Sabah and Sarawak 11. Additional powers 10. 12. Exercise of powers outside prescribed area Assistance and coordination 3 4 Laws of Malaysia Part IV GENERAL Section 13. Prosecution 14. Expenses 15. Moneys collected or received 16. Protection against suit and legal proceedings 17. Obligation of secrecy 18. Public Authorities Protection Act 1948 19. Authority card 20. Uniform 21. Carrying of arms 22. Obstruction to officer of Agency 23. Standing Order 24. Power to amend Schedules Part V SAVING 25. Saving provisions First Schedule Second Schedule Act 860 5 Malaysia Border Control and Protection Agency LAWS OF MALAYSIA Act 860 MALAYSIA BORDER CONTROL AND PROTECTION AGENCY ACT 2024 An Act to provide for the establishment of the Malaysia Border Control and Protection Agency, and its functions and powers relating to border control and protection, and to provide for related 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 Malaysia Border Control and Protection Agency Act 2024. (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— (a) for the coming into operation of different provisions of this Act; (b) for the coming into operation of this Act in different parts of Malaysia; or 6 Laws of Malaysia Act 860 (c) for the coming into operation of different provisions of this Act in different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Agency” means the Malaysia Border Control and Protection Agency established under section 3; “goods” has the same meaning assigned to it in the Customs Act 1967 [Act 235]; “prescribed area” means any area specified in the First Schedule comprising— (a) any immigration control post, authorized landing place, authorized airport or authorized point of entry, prescribed under the Immigration Act 1959/63 [Act 155]; (b) any legal landing place, customs port, customs airport or place of import and export by road or railway, prescribed under the Customs Act 1967; (c) any entry point, quarantine station or quarantine premises, specified or declared under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728]; (d) any free zone declared under the Free Zones Act 1990 [Act 438]; or (e) any quarantine station declared under the Prevention and Control of Infectious Diseases Act 1988 [Act 342]; “Director General” means the Director General of Malaysia Border Control and Protection Agency appointed under subsection 4(1); “Minister” means the Minister charged with the responsibility for home affairs; “ o ff i c e r o f t h e A g e n c y ” m e a n s t h e o ff i c e r o f t h e Malaysia Border Control and Protection Agency appointed under subsection 5(1), and includes the Director General and the Deputy Director General of the Agency; Malaysia Border Control and Protection Agency 7 “competent authorities” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, of the Federal Government or of any State Government established under any written law or otherwise, which is responsible for the implementation and enforcement of the relevant written laws; “relevant written laws” means the federal written laws specified in the Second Schedule and includes any subsidiary legislation made under the written laws. Part II ESTABLISHMENT OF MALAYSIA BORDER CONTROL AND PROTECTION AGENCY AND APPOINTMENT OF OFFICERS Establishment of Malaysia Border Control and Protection Agency 3. (1) The Malaysia Border Control and Protection Agency is established. (2) The Agency shall, subject to this Act, be employed at the prescribed area to carry out functions and powers relating to border control and protection in accordance with the relevant written laws. Appointment of Director General and Deputy Director General 4. (1) The Yang di-Pertuan Agong shall appoint a Director General, who shall head the Agency, and such number of Deputies Director General, from among the members of the public services. (2) The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment. (3) 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 such compulsory retirement he may be reappointed as the Director General by the Yang di-Pertuan Agong on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. 8 Laws of Malaysia Act 860 (4) The Director General shall be responsible for the directions, command, control and supervision of all matters relating to the Agency. (5) Where the Director General is, for any reason, unable to perform his duties for any period or where the office of the Director General becomes vacant, the most senior Deputy Director General may exercise all powers and perform all duties of the Director General. Appointment of other officers of Agency 5. (1) The Minister shall appoint any number of officers of the Agency as may be necessary, from among the members of the public services, for the purpose of carrying into effect the provisions of this Act. (2) The officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the directions, command, control and supervision of the Director General. Part III FUNCTIONS AND POWERS OF AGENCY Functions of Agency 6. (1) The functions of the Agency shall be— (a) to enforce at the prescribed area the relevant written laws relating to— (i) inspection and control of people entering into or leaving Malaysia; (ii) inspection and control of goods taken into or out of the prescribed area; (iii) inspection, control and quarantine of any plants, animals, carcasses, fish, agricultural produce, soils and microorganisms taken into or out of Malaysia; Malaysia Border Control and Protection Agency 9 (iv) inspection and control of any vehicle taken into or out of Malaysia; (v) inspection and control of food and things incidental to food, drugs, poisons, cosmetics and other things related to health taken into or out of Malaysia; (vi) inspection and control of wildlife, part of wildlife or derivative of wildlife taken into or out of Malaysia; (vii) prevention and investigation of any offence; and (viii) issuance of any pass, permit or any other document for the purpose of controlling the movement of people, goods, vehicles, plants, animals, carcasses, fish, agricultural produce, soils, microorganisms, food and other things incidental to food, drugs, poisons, cosmetics, wildlife, part of wildlife or derivative of wildlife or other things; (b) to carry out surveillance and patrol at the prescribed area; (c) to gather information and intelligence for the purposes of border control and protection; and (d) to manage and administer any entry point complex. (2) The Agency shall carry out the functions under subsection (1) in accordance with the directions or requirement issued by the competent authorities under the relevant written laws. (3) In exercising the function under subparagraph (1)(a)(i) for the States of Sabah and Sarawak, the Agency shall comply with the directions given by the State Authority to the Director of Immigration of Sabah or Sarawak, as the case may be, pursuant to Part VII of the Immigration Act 1959/63. (4) For the purposes of this section, “State Authority” has the same meaning assigned to it under section 62 of the Immigration Act 1959/63. 10 Laws of Malaysia Act 860 Powers of Agency 7. (1) An officer of the Agency shall have, for the purposes of this Act, all the powers which the competent authorities may exercise under the relevant written laws and do all things reasonably necessary for or incidental to the performance of the functions of the Agency under section 6. (2) An officer of the Agency shall have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] in relation to enforcement, investigation and inspection, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof. Overlapping of functions 8. Where there is any overlapping of functions at the prescribed area between the Agency and any competent authority, the overlapping of functions shall be dealt and resolved with administratively. Offence under written law of States of Sabah and Sarawak 9. Where an offence has been committed under any written law of the State of Sabah or Sarawak at any prescribed area, the enforcement, investigation and prosecution of the offence shall be carried out by the competent authorities of the State of Sabah or Sarawak. Exercise of powers outside prescribed area 10. In exercising the powers to prevent or investigate commission of an offence within a prescribed area, an officer of Agency may exercise such powers outside the prescribed area if he reasonably believes that such action is necessary to prevent the commission of the offence or to complete the investigation of that offence. Malaysia Border Control and Protection Agency 11 Additional powers 11. (1) In addition to and without affecting the existing power of the Agency under this Act, when escorting and guarding any person in custody of the Agency, an officer of the Agency shall have all the powers of a police officer of the rank of Corporal and below and the powers of a prison officer of the rank of Sergeant and below under the Prison Act 1995 [Act 537]. (2) For the purposes 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 an officer of the Agency 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 and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7],