Text 1 (1-50) laws of MALAYSIA Act REPRINTING CONVENTION ENFORCEMENT ACT 603 MINE DESTROYER MEMBER 2000 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT ENFORCEMENT ACT 6032 MINE DESTROYER CONVENTION 2000 MEMBERS Assent Date............... 30 May 2000 the date of publication in the Gazette............ 15 June 2000 Enforcement Convention Mine Destroyer Member 3 laws of MALAYSIA Act 603 ACT ENFORCEMENT CONVENTION MINE DESTROYER MEMBER 2000 ARRANGEMENT of SECTIONS section 1. Short title 2. Interpretation 3. Prohibition 4. Exemption 5. Submission for destruction 6. The flame shall be marked berperiuk area 7. The destruction of mines 8. Authorization by Minister 9. Disclosure of information 10. Issuance of certificate 11. Shows the certificate for inspection 12. The authority to examine 13. Finder of fact can be accompanied by 14. The issuance of a search warrant 15. Search and inspection without warrant 16. Importing and exporting equipment 17. The confidentiality of information obtained 18. False statement, obstruction 19. General offence 20. Penalties am 21. Forfeiture 22. Delegation by Minister 23. Protection of officers and 24 other people. Regulations, laws of Malaysia ACT 6034 Enforcement Convention Mine Destroyer Member 5 laws of MALAYSIA Act 603 ACT ENFORCEMENT CONVENTION MINE DESTROYER MEMBER 2000 an act to give effect to the Convention on the prohibition of the use, Stocking, production, Accumulation and transfer of Mine Destroyer members and about Pemusnahannya; and for other matters connected therewith.
[1 October 1999]
WHEREAS in accordance with article 17 of the Convention on the prohibition of the use, Stocking, production, Accumulation and transfer of Mine Destroyer members and about Pemusnahannya — "1. This Convention shall come into force on the first day of the sixth month after the month of the tenth instrument of ratification, acceptance, 40 approval or kesertaan has been saved.
2. For any country that keeps the instrument ratification, acceptance, approval or kesertaannya after the date of storage of the instrument for the ratification of the 40, acceptance, approval or kesertaan, this Convention shall come into force on the first day of the sixth month after the date of the ratification of the instrument storage, receipt, approval or kesertaannya. ": and that the ratification instrument to-40 has been kept so by Burkina Faso in sixteen days in September 1998 and the Convention therefore come into force on one day in March 1999: and that Malaysia already saved instrument kesertaannya at twenty-two days in April 1999 and is therefore in accordance with article 17 of the Convention have effect so far as concerned with Malaysia on one day in October 1999: laws of Malaysia ACT 6036 THEN, therefore, IT ENACTED by the Parliament of Malaysia as follows: short title 1. This Act may be cited as the Enforcement Act Mine Destroyer Member Convention 2000.
Interpretation 2. In this Act, unless the context otherwise requires — "fire berperiuk area" means an area which is dangerous due to mines or suspected there is there;
"Convention" means the Convention on the prohibition of the use, Stocking, production, Accumulation and transfer of Mine Destroyer members and about Pemusnahannya which come into force on a day in March 1999, and includes any amendments to the Convention that ratified, accepted, approved or joined by and have effect for Malaysia;
"Minister", unless expressly stated otherwise, means the Minister charged with the responsibility for defence;
"migration", in respect of a mine destroyer members, including, in addition to the physical movement of the mine destroyer member to or from Malaysia, the transfer of title to and control over the mine destroyer Member, but does not include the transfer of any province that contains the site of the mine destroyer members;
"antikendali device" means a device intended to protect a mine and the device becomes part of, linked to, mounted on or attached to the bottom of the mine and the device becomes active when an attempt is made to tamper with or otherwise intentionally disturb the mine;
"mine" means a weapon designed to be placed under, in, on or near the ground or other surface area and that explode in the presence of, or to touch a person or vehicle;
Enforcement of Convention the mine Destroyer Member 7 "mine destroyer Member" means a mine designed so that explode in the presence of, or to touch people and which is able to mentidakupayakan, hurt or killed one or more persons; but the mines are designed so that erupts with presence, to the proximity or touch the vehicle relative to the person, and who are equipped with antikendali device, it is not considered a mine destroyer members due to come so.
Prohibition 3. (1) Notwithstanding the provisions of any other written law and subject to section 4, no person shall — (a) placing the mine destroyer members under, in, on or near the ground or other surface area with the intention to cause the explosion of the mine destroyer to the Member;
(b) produce, manufacture or otherwise acquire, collect stocks, store, possess or transfer mine destroyer member to any person, directly or indirectly; or (c) in any way assist, encourage or induce, any person so as to engage in any activity prohibited by this Act.
(2) except as authorized by the Minister and subject to compliance with other written law relating to import and export, no person shall import or export a mine destroyer members.
Exemption 4. Section 3 does not prohibit — (a) placement, acquisition, possession or transfer of a number of mine destroyer Member, as permitted under section 8, for improvement, and training in, mine detection techniques, mine clearance or mine destruction;
Laws of Malaysia ACT 6038 (b) the acquisition, possession or transfer of mine destroyer members in the course of duties or employment for the purpose of causing the mine harmless or for pemusnahannya;
(c) the acquisition, possession or transfer of mine destroyer Member has deactivated with — (i) removing all explosive materials, including priming charge, give booster and the main charge of the mine destroyer to the Member, including from any fuse, kap or explosive or warheads; and (ii) remove or destroy mechanism priming or peledakan mine destroyer to the Member or cause the mechanism cannot be used until its functions not easily restored; or (d) the participation in operations, exercises or other military activity with the armed forces of a country which is not a party to the Convention which engage in an activity that is prohibited under section 3, if participation is not active or is about addressing the assistance involvement in the prohibited activities.
Submission for destruction of 5. Every person who owns a mine destroyer members who the person is prohibited by section 3 have it shall, without delay, submit them for destruction to any person specified by the Minister.
Area berperiuk the fire shall be marked 6. If an area identified as an area of fire or a suspected berperiuk become an area berperiuk fire, the Minister shall, wherever possible, ensure that the area marked the border and protected with a fence or otherwise using any means necessary in order to inform the public about the availability of a mine destroyer members.
Enforcement of Convention the mine Destroyer Member 9 destruction of mine 7. Subject to section 8, the Minister shall ensure that destruction of — (a) all mine destroyer Member accumulated stocks;
(b) any mine destroyer member submitted under section 5 for destruction; and (c) all mine destroyer members within the berperiuk api in Malaysia.
Authorization by Minister 8. The Minister may allow any number of mine destroyer members are placed, acquired, stored, held, or transferred by any person designated by the Minister for an increase, and training in, mine detection techniques, mine-clearing or destruction of mines, but the number of such mines shall not exceed the minimum number absolutely necessary for that purpose.
Disclosure of information 9. (1) the Minister may, at any time by notice in writing, require any person that the Minister has reasonable cause to believe that any information or document relating to the administration or enforcement of this Act, or the Malaysian information required by article 7 of the Convention so that reports to the Secretary General of the United Nations, to submit all the information and documents to the Minister or to any person designated by the Minister , within the time specified in the notice.
(2) any person who fails to comply with a notice given to him under subsection (1) commits an offence and, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Laws of Malaysia ACT 60310 Production certificate 10. If a fact-finding mission to Malaysia is authorised under article 8 of the Convention, or if the Minister invite a fact-finding mission to Malaysia, the Minister charged with the responsibility for Foreign Affairs shall issue a certificate to every Member of the fact-finding mission that — (a) identify to the Member by name, and specifies the member status and its powers to carry out a fact-finding mission in Malaysia;
(b) States that the members enjoy any privileges and immunities granted to the Mission of the United Nations under the laws of Malaysia; and (c) prescribing any other information and any conditions applicable to the fact-finding activities in Malaysia by the Member as may be imposed by the Minister.
Shows the certificate for inspections 11. Every Member of a fact-finding mission that aims to examine a place in Malaysia must present a certificate issued under section 10 to any person responsible for or who live in or who has control over the installation, facilities or places to be inspected it.
The authority to examine 12. (1) subject to the provisions of this Act, a member of the fact-finding mission may, at any reasonable time and in accordance with the provisions of article 8 of the Convention, enter and examine — (a) any installation or facilities that have or may have the ability to create, remove or collect stock mine destroyer or destroyer mine component members; or (b) any other place, with the consent of the person responsible for or who live in or who has control over the installation, facility or the place, if the Member has reason Mine Destroyer Convention Enforcement Personnel 11 reasonable to believe that any information, document or other thing relating to compliance with the Convention can be found in the installation, facility or the place.
(2) the power to enter and inspect equipment, information and sensitive area shall be subject to such conditions and restrictions as the Minister may think fit to impose.
Finder of fact can be accompanied by 13. (1) the Minister may direct that members of a fact-finding mission, accompanied by the Royal Malaysia Police officer or member of the armed forces or both, or any other person deemed necessary by the Minister to facilitate the conduct of an investigation.
(2) Save as otherwise provided in subsection 12 (2), any person who is responsible for or who live in or who has control over the installation, facilities or places to be inspected under section 12 shall be — (a) provide members of the fact-finding mission and those who accompany him access to any area, former or anything in the installation, facility or the place;
(b) allow members of the fact-finding mission and the person accompanying them examine any thing in the installation, facility or the place;
(c) allows the members of the fact-finding mission and those who accompany him interviewing any person in the installation, facility or the place; and (d) allows the members of the fact-finding mission and the person accompanying them take samples of any substance in the installation, facility or the place for analysis and allow the Member brings out the sample for analysis outside installation, facility or the place.
Laws of Malaysia ACT Production 60312 warrant 14. If in the opinion of someone Magistrate, based on Certification swear, that — (a) there are reasonable grounds to believe that an offence under this Act is being or has been committed in an installation, facility or place or that any information, documents, equipment or other thing which is necessary for the conduct of an investigation of an offence can be found in the installation, facility or the place; or (b) there are reasonable grounds to believe that a member of a fact-finding mission can find any information, documents, equipment or other thing relating to compliance with the Convention in an installation, facilities or places; and (c) entry to the installation, facility or the place — (i) necessary for any purpose relating to the fact-finding mission; and (ii) has been rejected or there is reasonable cause to believe will be rejected, the Magistrate may, by warrant, authorize the person to whom the warrant is directed to enter the installation, facility or the place at any reasonable time, with or without help, to search for and seize any documents, equipment or anything that or to carry out the inspection.
Search and inspection without warrant 15. If the information given to any police officer not below the rank of Inspector that there are reasonable grounds to believe that the reason for any delay in obtaining a search warrant under section 14 search or inspection shall be termudarat and any evidence about the offence or any information, document or other thing relating to compliance with the Convention is likely to be interrupted, moved , damaged or destroyed, officials and members of the fact-finding mission and the person accompanying them may enter the installation, of the enforcement Convention facilities Mine Destroyer Member 13 or that place and they can run inside, above and with regard to installation, facility or the place all the powers search, seizure or inspection includes just-by are duly authorized to do so by a warrant.
Importing and exporting equipment 16. (1) subject to subsection (2), a member of a fact-finding mission can import without duties and taxes for any equipment to be used solely in carrying out their mission and can export the equipment without duties and taxes.
(2) Equipment that can be imported and exported without duty and taxes excluding motor vehicles as defined in the road transport act 1987 [Act 333].
The confidentiality of information obtained 17. (1) except as permitted under subsection (2), no person who owns the information collected under this Act or the Convention can consciously, without the prior written consent of the person from whom the information was obtained, the information or allow such information to any person or permit any person to have access to that information.
(2) a person who possesses the information obtained under this Act or the Convention can deliver the information or allow such information to any person, or to allow any person to have access to that information if — (a) the delivery of or access to the public interest as it relates to public health or public safety; or (b) delivery or access is necessary for the purposes of the administration or enforcement of this Act or give effect to the Convention.
Laws of Malaysia ACT 60314 False Statement, obstruction 18. No person shall — (a) consciously make any statement that is false or misleading to any member of a fact-finding mission or to any person who is directed so that the accompanying members of a fact-finding mission in relation to a place or object that is being inspected; or (b) intentionally preventing the examination.
General offence 19. Any person who contravenes section 3 and 5, subsection 12 (2) and 17 (1) and section 18 shall be guilty of an offence.
Penalties am 20. If there is no penalty expressly provided for an offence under this Act, a person who commits an offence can on conviction liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding five years or both.
Forfeiture 21. (1) any document, equipment or other thing seized under this Act shall be dilucuthakkan.
(2) an order for forfeiture or for the release of any documents, equipment or other thing which may be dilucuthakkan under this section shall be made by the Court before which the prosecution carried out and an order for forfeiture of documents, equipment or thing shall be made if it is proved to the Court is satisfied that an offence under this Act has been committed and that the documents , equipment or anything that was the matter or has been used in the Commission of the offence even though no one has been convicted of the offence.
Enforcement of Convention the mine Destroyer Member 15 (3) If no prosecution of any documents, equipment or thing seized in the course of any of the powers conferred under this Act, documents, equipment or thing shall be taken and deemed to have been dilucuthakkan at the end of one calendar month from the date of documents, equipment or the thing seized unless a claim it was made before that date in the manner provided in this section.
(4) any person claiming that he is the owner of any documents, equipment or thing seized under this Act and that the documents, equipment or thing shall not be dilucuthakkan may, personally or by his agent authorized in writing, giving notice to the police officer not below the rank of inspector about the claim.
(5) when he received a notice under subsection (4) the police officer shall, after any investigation necessary, directing that the documents, equipment or anything that is released or refer the case to the Court of Session for decision.
(6) the sessions Court to which the case was referred to shall issue a summons requiring the person to claim that he is the owner of the documents, equipment or the thing and the person from whom the documents, equipment or the thing seized to appear before it and when they attend or defaults is present, having proved the fair presentation thereof, the Court shall proceed with the examination of the Sessions that matter and, when proven that an offence under this Act has been committed and that the documents , equipment or anything that was the matter or has been used in the Commission of that offence, shall order that documents, equipment or anything that can dilucuthakkan or, in the absence of such evidence, ordered the release of documents, equipment or the thing to the person entitled to it.
(7) any document, fittings or anything dilucuthakkan or dilucuthakkan shall be deemed to be submitted to the Chief of police or officers authorized by the Inspector General of police accordingly and the Chief of police or the officer shall dispose of it in the manner provided in the order or as he may deem fit.
Laws of Malaysia ACT 60316 Delegation by Minister 22. (1) the Minister may delegate to any officer under the control, direction and its overseeing, by name or Office, any functions and powers imposed upon it or assigned to it under this Act except the power to make regulations under section 24.
(2) any delegation under this section does not preclude the Minister from running or perform own any functions or powers so delegated.
(3) a delegation made under subsection (1) may — (a) made subject to such conditions, limitations or restrictions as may be specified in the instrument of delegation; and (b) revoked or varied.
Protection officers and others 23. No action or prosecution can be brought, instituted or maintained in any court against any officer or any person who is determined, directed or delegated by the Minister to carry out any purpose of the Act in respect of any act done by him in good faith and with a reasonable belief that such action is necessary for the purposes that are intended to be dicapaikan with it.
Regulations 24. The Minister may make regulations as may be expedient or necessary for carrying out the provisions of this act better.
Enforcement of Convention the mine Destroyer Members 17 laws of MALAYSIA Act 603 ACT ENFORCEMENT CONVENTION MINE DESTROYER MEMBER 2000 LIST AMENDMENT law short title force amend from – no – laws of Malaysia ACT 60318 laws of MALAYSIA Act 603 ACT ENFORCEMENT CONVENTION MINE DESTROYER MEMBER 2000 LIST SECTION AMENDED Section Power amend with effect from – THERE are –