The Child Act 2001

Original Language Title: Child Act 2001

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Laws of Malaysia Act 611 Reprint the Child Act 2001 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 611 Child Act 2001 the date of Royal Assent............ February 15, 001 date of publication in the Gazette of ... ... more March 1, 001 Reprint before Reprinting the first............ 2002 child laws of Malaysia Act 611 Child Act 2001 arrangement of sections part i preliminary section 1. short title, application and commencement. interpretation part ii the Council co-ordinator for the protection of children. Formation of the Council co-ordinator for protection of children 4. membership of the Council 5. 6 Council meeting. Establishment of 7. The establishment of the Child Protection Team part iii appointment of Guardian, etc.
8. Appointment and powers of Protection 9. Appointment of Registrar and Registrar 10. The appointment of officers of the moral part iV the Court for children 11. Establishment and jurisdiction of the Court for children 1. place assembled and people who can appear in court for child 4 laws of Malaysia Act 611 1. period specified in any order made by the Court for children may not go beyond the date on which the child reaches the age of eighteen years 14. a court for children may order detention, etc., beyond the date on which the child reaches the age of eighteen years 15. Restrictions on reporting and broadcasting media 16. assumptions about the age of part V of the child in need of care and protection Chapter 1 General 17. The meaning of child in need of care and protection Chapter temporary custody And examination and medical treatment 18. Recruitment of children into temporary custody 19. Submission before the Court for children 0. children who need medical treatment or examination 1. Medical examination and treatment. permission to hospitalisation. control over a child who was hospitalized 4. permission for medical treatment 5. measures shall be taken after examination or medical treatment 6. There is no liability incurred for providing authorization 7. duties of medical officer or physician 8. duty of family members Section 5 9 children. duty of child care provider 0. the Court for children Chapter for offences relating to the health and welfare of the child 1. Abuse, neglect, abandonment or exposure of children. children cannot be used for begging, etc.
. errors due to let children live without reasonable supervision Chapter 4 notification when taking children into care, custody or control 4. Application and interpretation 5. Notification of taking children into care, custody or control 6. obligations of the then 7. Protective power to require the child produced before it part Vi children who need Protection And Recovery Chapter 1 am 8. The meaning of the children who need protection and rehabilitation 9. move the children to a shelter 40. Order when the investigations are finished 41. child who needs protection immediately 4. The investigation and the detention of a child that has been purchased or obtained with false allegations, etc.
Section 6 laws of Malaysia Act 611 Chapter offences section 4. 44 offences. presumption in respect of section 4 45. Detention pending proceedings part Vii uncontrolled 46. children of uncontrolled 47. Surveillance by the moral part Viii Trafficking And Pemelarian 48 children. Transfer of possession, custody or control of children with illegal 49. Temperament in children through false claims of 50. Examination of the child and the person away from 51. Protector may require a guarantee of 5. offences bring or send out children without the consent of the appropriate person having custody of the legitimate 5. Order recovery part iX institutions Chapter 1 a secure place And refuge 54. a secure place 55. refuge 56. previous child run away or transferred from a secure place or refuge 57. error moving or help child past away from a secure place or place child protection 7 Chapter 58 Section detention place. place of custody 59. previous child run away or transferred from the place of detention of 60. error moving or help children run away from the place of detention of the previous Chapter 61. moral dormitory Hostel moral 6. children under ten years cannot be sent to dormitory probation 6. previous child run away or transferred from dormitory moral 64. error moving or help child past away from boarding School Approved moral Chapter 4 65. Approved school 66. children under ten years could not be sent to school approved 67. When children can be sent to school approved 68. Order approved school shall be submitted to the authorities, etc., that leads children to school is 69. Further detention in approved school overdue order 70. aftercare children released from school approved 71. the last run of the school approved, etc., or not back to school passed after the end of the holidays, etc.
7. the offence of transferring or help children past away from school approved 8 laws of Malaysia Act 611 henry gurney School chapter 5 Section 7. Sekolah henry gurney 74. children under the age of fourteen years shall not be sent to the henry gurney School 75. When children can be sent to Sekolah henry gurney Chapter 6 special provisions relating to the place of safety, shelter, school approved and henry gurney School 76. powers in respect of people under the age of eighteen years but under twenty-one years of age 77. Minister's power to transfer people undergoing imprisonment to school henry gurney 78. Minister's power to transfer children undergoing imprisonment to approved schools or Sekolah henry gurney 79. power to replace imprisonment with detention period 80. Transfer of children from one place of safety or refuge to a place of safety or refuge to another chapter 7 a range of 81. child or person detained shall be subject to regulations 8. Board of Visitors part X criminal procedure In court for child Chapter 1 charge, warranties, etc.
8. The trial of children shall meet this Act 84. 9 85 child assurance. Separation of children from adults in police or Court of 86. Child care that is not released on bail after being arrested 87. Submission of information by police officer after arrest Trial Chapter 88. the parent or guardian is required to present 89. mother and father or guardian can were told to exit 90. the procedure in the Court for children Chapters the Court for children at the end of the trial of 91. the Court for children when the offence is proved, 9. How to implement 9 strokes. the parent or guardian shall execute bonds 94. the power to order the parent or guardian and not the child, pay the fine, etc.
95. appeal 96. Restrictions on the order of imprisonment 97. the death penalty Trial 98 Chapter 4. When testing may be ordered 99. do not comply with the probation order 100. Further offence 101. effects of testing 10. Amendment of probation order 10. The release of the order of 104 attempts. the Court shall provide a copy of the order amendment or release to the moral section 10 laws of Malaysia Act 611 part Xi in the care of people who are eligible and Suitable Section 105. children placed in the care of people who are eligible and suitable 106. previous child run away or transferred from the preservation of person fit and proper 107. error moving or help children past run of preservation of a fit and proper person part Xii 108 Contribution Order. Contribution by the parent or guardian or other person part Xiii investigation, Arrest, Search Seizure, etc.
109. the authority to investigate 110. power to arrest without warrant of 111. Search with warrant of 11. Search without warrant 11. the authority to examine persons 114. Examination of 115. hurdle 116. Protection of informer Part XiV a range of 117. the Court for children is given to the High Court of 118. Express 119. contents of Express 10. access to the register of children 11 11. offences with respect to Express 1. Certificate of Registrar evidence 1. Protection against legal and legal proceedings 14. Public servants 15. Penalties am 16. The beginning and the conduct of prosecutions 17. Presentation of documents 18. the power to make regulations section XV of the savings and Transitional Provisions 19. interpretation 10. Repeal 11. A reference to juvenile courts, etc.
1. Continuation of Council, etc.
1. Continuation of the rules, etc.
14. institutions established or prescribed 15. Prevention of anomalies of the first schedule Second Schedule section 1 laws of Malaysia Act 611 children 1 laws of Malaysia Act 611 Child Act 2001

An act to consolidate and amend the law relating to the care, protection and rehabilitation of children and to provide for matters related and incidental to it.
[1 August 2002, P.U. (B) 229/2002] recognizes that the country's vision as a fully developed country is a country where social justice and the development of moral, ethical and spiritual equal importance with economic progress in creating a civil society a United, progressive, peaceful, compassionate, just and humane: recognizes that a child is not only a important part of such community but is also the key to life , development and prosperity of the community: recognizes that a child is, by reason of the ketidakmatangannya in terms of physical, mental and emotions, in need of protection, care and special assistance, after birth, to enable them to participate in and contribute positively towards the Malaysian civil society form a superior: recognizes that every child has the right to get protection and help in all circumstances regardless of any kind of difference , such as race, colour, sex, language, religion, origin or physical, mental or emotional or any other status: acknowledge that family group basis in society that provides a natural setting for expansion, penyaraan and welfare of all its members, particularly children, 14 laws of Malaysia Act 611 so they can grow up in an atmosphere of peace, happiness, love and understanding to acquire full confidence , dignity and human: a person recognizes the roles and responsibilities of the family in society, so that they are given the assistance necessary to enable them to fully fulfilled their obligations as a source of care, penyaraan, recovery and child development in the community: then, therefore, enacted by the Parliament of malaysia as follows: part i preliminary short title, application and commencement 1. (1) this Act may be cited as the Child Act 001.
() this Act applies throughout malaysia.
() this Act come into force on such date as the Minister may, by notification in the Gazette.
interpretation 2. (1) in this Act, unless the context otherwise requires — "family member" includes a parent or guardian, or a member of the extensive family, who is a member of the House;
"member home" means a person who habitually resides in the House with one child;
"the hostel of probation" means a hostel established or imposed under section 61 as a home for children who are required to live there under part X;
Children 15 "register" means the register to be kept and maintained under section 118;
"prescribed" means prescribed by regulations made under section 18;
"hospital" means any government hospital or any other hospital medical trainees of a University;
"mother parent" means a person, who is not the parent or relative of a child — (a) to whom the care, custody and control of a child has been granted by order of the Court under paragraph 0 (1) (e); or (b) permit Protection under section 5 or 7, as the case may be, to accept a child into care, custody and control;
"Child Welfare Committee", in relation to a State, means a Committee appointed by the Minister to oversee the welfare of those who fall within the scope of part X and to help officer morals in any district or area;
"crimes" includes — (a) the offence of murder, which is not one of the shut-off murder or attempted murder;
(b) all offences under the Firearms Act (the penalty heavier) 1971 [Act 37];
(c) all offences under the Internal Security Act 1960 [Act 82] which can be sentenced to imprisonment for life or by the death penalty;
(d) all offences under the dangerous drugs Act 195 [Act 234] that can be sentenced to imprisonment for more than five years or by the death penalty; and (e) all offences under the Act of Kidnapping 1961 [Act 365];
16 laws of Malaysia Act 611 "child" — (a) means a person under the age of eighteen years; and (b) in relation to criminal proceedings, means a person that already reaches the age for criminal responsibility as prescribed in section 8 of the Penal Code [Act 574];
"children in the trial" means a child who is under the supervision by virtue of an order of probation;
"extensive family", in relation to a person, means people who have a relationship via blood relationship or adoption, persemendaan with that person;
"the Director General" ert inya Director General of social welfare;
"moral report" means the report prepared by the probation officer under subsection 90 (1);
"the Board judges Visitor" means the Board of judges of the visitors appointed under section 64 Prison Act 1995 [Act 537];
"Board of Visitors" means the Board of Visitors appointed by the Minister under section 8;
"Court" means the Court for children or any other courts, in accordance with the requirements of the State;
"the Court for children" means a court for children established under section 11;
"magistrate" means the first class magistrate court;
"the Court Supervisor" means a court for children of the regions place a child in the trial are required to live;
"magistrate" means a first class magistrate;
Child 17 "Council" means the Council co-ordinator for protection of children established under section;
"Minister" means the Minister or Ministers for the time being charged with the responsibility for matters or matters connected therewith a reference to "Minister" is made, acting singly or in association or in consultation, in accordance with the requirements of the State;
"The protection of children" means a team established by the Council under section 7;
"the character of officer" means an officer of the moral character appointed under section 10;
"senior police officer" has the same meaning as in the Police Act 1967 [Act 344];
"Welfare Officer" means any officer of the social welfare of the Ministry or Department responsible for welfare services and include any Assistant Social Welfare Officer;
"medical practitioner" means a medical practitioner registered in government service and includes any person registered medical practitioner in any hospital medical trainees of a University;
"police officer" has the same meaning as in the Police Act 1967;
"prostitution" means the Act of a person offers his body for sex satisfaction because wages either in the form of money or goods; and "prostitute" shall be construed accordingly;
"Protector" means — (a) the Director General;
(b) the Deputy Director General;
(c) a Division Director for social welfare, the Social Welfare Department;
18 laws of Malaysia Act 611 (d) the Director of social welfare State for each State;
(e) any social welfare Officer appointed under section 8;
"owner" — (a) in relation to any place — (i) means the registered owner of that place;
(ii) the pawn shops, including small pawnbrokers, the place is either registered or otherwise; or (iii) agent or trustee of any person described in subparagraph (i) and (ii); and (b) in relation to any transport means the registered owner of the transport;
"Registrar" means the Registrar of children requiring Protection appointed under subsection 9 () and includes large Registrar;
"Large Registrar" means the Registrar of large children requiring Protection appointed under subsection 9 (1);
"registered medical practitioner" means a medical practitioner registered under the medical Act 1971 [Act 50];
"transportation" includes aircraft, ship, boat or vessel either floating or not, and any vehicle;
"child care provider" means a person raising one child or more for valuable consideration for any length of time;
"residents" — (a) means a person occupying or controlling any place; and children 19 (b) in relation to places of different parts inhabited by different people, means each person occupying or controlling each Division;
"guardian", in relation to a child, includes any person who, in the opinion of the Court for children who take cognizance of any case relating to the child or involving the child, is to have care or control over the child;
"order of the trial" means a trial order made under section 98;
"henry gurney School order" means an order made by the Court for children to send a child aged Fourteen years and over to the henry gurney School;

"approved school order" means an order made by the Court for children to send a child to school approval;
"order of the contribution" means a contribution order made under section 108;
"Centre" means a public or private institution belonging to the reporting approved by the Minister, was founded for the preservation, protection and rehabilitation of children;
"brothel" means any place that is occupied or used by any two or more than two people either at the same time or at different times for the purpose of prostitution;
"Henry gurney School" means a school — (a) established or imposed under section 7; and (b) under the direction and control of the Director-General of Prisons and approved by the Minister for education, training and retention of people sent to there in accordance with part X;
0 the laws of Malaysia Act 611 "approved school" means a school established or imposed under section 65 and includes a Center;
"place" includes any building, houses, offices, shops, flats, rooms or small rooms or parts of rooms or small rooms that, any open space or closed, and any transport;
"judgemental place" means any place where relationships are held with any children either directly or through an intermediary for the purpose of prostitution;
"refuge" means any refuge established or imposed under section 55;
"a secure place" means any place established or imposed under section 54;
"place of detention" — (a) means any place of detention established or imposed under section 58; and (b) includes accommodation at the police station, the room captive or police lock-up or separate culprits separated from adults;
"trial period" means the period of a child in an attempt to be placed under supervision by a probation order;
"Deputy Director-General" means the Deputy Director of social welfare.
() In this Act, unless the context otherwise requires, Federal territory of kuala lumpur and labuan shall be each deemed to be a State.
Children 1 section ii Council co-ordinator for the protection of children of the establishment of the Council co-ordinator for protection of children 3. (1) there shall be established a Council to be known as "the Council co-ordinator for the protection of children".
() Council shall — (a) is responsible for advising the Minister on all aspects of the protection of children;
(b) designing an efficient management system and effectively across malaysia that combines channel information for reported cases of children who are in need of protection;
(c) recommend the services directed specifically to meet the needs of people, children and families in need of child protection services;
(d) coordinating the various resources of any Government Department involved in the protection of children;
(e) develop programmes to educate the public in the prevention of abuse and neglect of children;
(f) providing advice on management, operations and practices Team protection of children nationwide;
(g) provide advice on the development of training programmes for members of the Force protection of children nationwide;
(h) resolve any disputes that may arise in protection of children; and the laws of Malaysia Act 611 (i) perform any other functions as may be prescribed by regulations made under this Act.
membership of the Council 4. (1) the Council shall consist of the following members: (a) the Director General who shall be the Chairman;
(b) Deputy Directors General who shall be the Deputy Chairman;
(c) a representative of the Ministry in charge of the protection of children;
(d) a representative of the Ministry in charge of health;
(e) a representative of the Ministry responsible for education;
(f) a representative of the Ministry in charge of human resources;
(g) a representative of the Ministry in charge of the information;
(h) a representative of the Attorney General;
(i) a representative of the Chief of police;
(j) a representative of the Department of Prisons;
(k) two waki l dar ipada jaba tan kebaj fish community;
(l) a representative of the Ministry, in the State of Sabah, which is charged with the responsibility for welfare services;
(m) a representative of the Ministry, in the State of Sarawak, charged with the responsibility for welfare services;
(n) not more than seven people who have experience, knowledge and expertise in matters relating to the welfare and development of children including any person qualified to give advice on child factors indigenous, ethnic, cultural or religious related, who shall be appointed by the Minister; and (o) a Registrar who shall be the Secretary.
() Each Member of the Council appointed under paragraph (1) (m) shall, unless he resigns first, hold office for a period not exceeding three years and are eligible for reappointment.
5 Council Meeting. (1) the Council shall meet at least four times a year at any time and at any place determined by the Chairman.
() every meeting of the Council shall be chaired — (a) by the Chairman;
(b) the absence of the Chairman, by the Deputy Chairman; or (c) if the Chairman and the Deputy Chairman is present, by a member elected by the members present from amongst them.
() seven members of the Council shall form a quorum at any meeting of the Council.
(4) where on any question to be determined there were equal votes, then the Chairman, or the Deputy Chairman or Member referred to in paragraph () (c) where he chairs the meeting shall have a casting vote in addition to the votes normally.
(5) subject to this Act, the Council may determine its own procedure.
The establishment of the Committee 6. (1) the Council may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act.
4 laws of Malaysia Act 611 () a Committee established under subsection (1) — (a) shall be chaired by another Member of the Council;
(b) shall comply with and act in accordance with any instructions given to it by the Council; and (c) may determine its own procedure.
() the members of the Committee established under subsection (1) may be appointed from among members of the Council or any other persons as the Council may think fit.
(4) the members of a Committee shall hold office for such period as may be specified in the letter of appointment and shall be eligible for re-election.
(5) the Council may revoke the appointment of any member of a Committee without assigning any reason for the revocation.
(6) the members of a Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.
(7) the Council may, at any time, discontinue or modify the membership of a Committee.
(8) a Committee shall hold its meetings at any time and at any place determined by the Chairman of the Committee.
(9) a Committee may invite any person to attend a meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
The establishment of the Child Protection Team 7. (1) the Council shall establish the nationwide groups of people, each group known as "the protection of children", for the purpose of co-ordinating children 5 local services to families and children if the child requires or suspected require protection.
() A Child Protection Team shall consist of members of the following: (a) a protector to be named by the Council on the advice of the Director General, who shall be the Chairman;
(b) a medical officer; and (c) a senior police officer.
() A Child Protection Team shall have power to bring participate from time to time any other person reasonably required by him to assist it in discharging its functions and obligations or as may be required by the circumstances of each case, including any person who is entitled to provide advice on indigenous factors, ethnicity, culture or religion related.
Part iii appointment of Protector, etc. appointment and Power Saver 8. (1) the Minister may, by notification in the Gazette, appoint any number of Social Welfare Officer to exercise the powers and perform the duties of a Guardian under this Act subject to any conditions specified in the notification.
() A Protector — (a) shall have the powers of a magistrate in respect of the taking of evidence on any inquiry held by it under this Act;
(b) the Court shall give a copy of the evidence when required to do so by order of the Court; and 6 laws of Malaysia Act 611

(c) cannot be compelled to answer any question in any judicial proceedings on grounds of decision or his beliefs — (i) in any case conducted by him under this Act; or (ii) about anything that comes to his knowledge in any investigation made by him as a protector.
() every order or summons purporting to be issued by and under the hand and seal of Protection pursuant to this Act shall be received in evidence in any court without further proof and shall be prima facie evidence of the facts stated in the order or the summons.
(4) all acts done pursuant to any order or summons referred to in subsection () shall be deemed to have been authorized by law.
Appointment of Registrar and Registrar 9. (1) the Minister may appoint a Social Welfare Officer to be the Registrar of large children who require Protection for the purposes of this Act.
() the Minister may appoint such number of public officers as he may deem necessary in the name of or for the post to be Registrar of children requiring Protection.
() Large Registrar shall have general supervision and control over — (a) the Registrar-Registrar appointed under subsection (); and (b) the registration of a child in need of protection under this Act.
The appointment of probation officer 10. (1) the Minister may, by notification in the Gazette, appoint any number of Social Welfare Officer as children 7 may deem necessary to become officers of character in the whole of malaysia or any part of malaysia.
() An officer morals when acting under an order of testing shall be subject to the control of the Court Monitor.
() In this section, "Welfare Officer" includes the Social Welfare Assistants.
Part iV the Court for children of establishment and jurisdiction of the Court for children 11. (1) the Court which is constituted in accordance with this Act and assembled for the purpose of — (a) listen, decide or membereskan any charge against a child; or (b) exercising any other jurisdiction conferred or to be conferred to the Court for children by or under this Act or by any other written law, shall be known as the "Court for children".
() the Court for children shall consist of a magistrate who, in carrying out its functions as a court for children except when making an order under subsection 9 (4), 4 (4), 84 () or 86 (1), in accordance with the requirements of the situation, shall be assisted by two advisors to be appointed by the Minister from a panel of people residing in the State.
() One of two advisers referred to in subsection () is to be a woman.
(4) the functions of the Advisor is — (a) to inform and advise the Court for children of any consideration which touches the 8 laws of Malaysia Act 611 orders made on the basis of a finding of guilty or the Commission of other related to any child who is brought before the Court; and (b) if necessary, to advise the parent or guardian of the child.
(5) the Court for children shall have jurisdiction to try all offences except offences punishable with the death penalty.
(6) except as modified or extended by this section, criminal procedure code [Act 593] shall apply to the Court for children as if the Court for children is the magistrate's Court.
place assembled and people who can appear in court For children below 12. (1) the Court for children shall, if practicable, meets — (a) either within a building or room that is different from the room or building in which the Conference of the courts other than the Court for children is held; or (b) on the days that are different from the days of the Conference other courts that held.
() If a court for children convened in the same building with other courts, the Court for the child shall have entry and exit that are different from the entrance and exit of other courts to let the child be brought to and from the Court for the child without interference.
() No person shall be present in any Conference the Court for children unless — (a) a member and officer of the Court;
(b) a child who is a party in a case before the Court that, mother and father, guardian, advocates and children 9 witness them, and other people who have nothing to do directly with the case; and (c) any other person liable as determined by the Court.
period specified in any order made by the Court for children may not go beyond the date on which the child reaches the age of eighteen years 13. except as specified in this Act, such period as may be specified in any order made by the Court for children under this Act may not go beyond the date on which the child is in the order reaches the age of eighteen years.
A court for children may order detention, etc., beyond the date on which the child reaches the age of eighteen years 14. (1) Notwithstanding anything in this Act or any other law or any of the tenets of the law, the Court for children may, if the Court is of the opinion that the circumstances need it, make an order in respect of — (a) the detention of a child in a place of detention, boarding school approved or moral character, henry gurney School, institution or approved Centre;
(b) supervision of a child by a Social Welfare Officer or an officer of the moral, as the case may be; or (c) any trial period, which has the effect of extending the period of detention, monitoring or testing such beyond the date the child reaches the age of eighteen years.
() The order referred to in subsection (1) shall be complied with by the child and the parties intended in the order as long as the order remains in force and effect.
0 the laws of Malaysia Act 611 restrictions on media reporting and broadcasting 15. (1) Notwithstanding any law to the contrary, any mass media reports of — (a) any measures taken against a child involved or purporting to be involved in any criminal act or omission, whether such measures during the pre-trial, trial or post-trial;
(b) any child in respect of which the custody is taken under part V;
(c) any child in respect of which any of the offences specified in the first schedule have or suspected to have been committed; or (d) any proceedings under part Vi, not disclose the name, address, or educational institutions, or entering any details of planned to enable identified any children involved such as either person against whom or in respect of which action is being taken or as a witness in the action.
() the picture — (a) any child involved in any matter referred to in subsection (1); or (b) any person, place or thing else that may enable identified any child involved in such a, shall not be published in any newspaper or magazine or communicated by any electronic intermediaries.
() the Court for children, in any case — (a) may, if the Court for the child is satisfied that it is in the interest of Justice to do so; and children 1 (b) shall, in the case of an application by or with the consent of the protector, waive requirements of this section in so far as the Court thinks expedient.
(4) any person who contravenes subsection (1) or () commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(5) for the purposes of this section, "convey" includes broadcast through radio or television.
assumptions about the age of 16. (1) where in a charge for an offence that can be tried under this Act — (a) it is said that the person who committed such offence under or out of reach of any certain age; and (b) that the person in the opinion of the Court for children is at the date of the Commission of the alleged offence under or out of reach a certain age, as the case may be, then that person shall, for the purposes of this Act, regarded at that date under or out of attainment of age, as the case may be, and any order made in the charge cannot be revoked by any proof then that age has been specified incorrectly.

() If a court for children feel skeptical about the right age for the person who is said to have committed an offence, then the certificate of a medical officer which means that, in its opinion, that person is already or has not reached a certain age may be given in evidence, and the Court for the child shall declare the age of that person for the purposes of this Act.
Laws of Malaysia Act 611 () age declared so by the Court for children under subsection () shall be deemed to be the actual age of the person, unless and until the contrary is proved.
Part V children in need of care and protection Chapter 1 General the meaning of child in need of care and protection 17. (1) a child is in need of care and protection if — (a) the child has been or is likely the child will be physically combat emotional or sexually betrayed by his parent or guardian or family of a member area;
(b) the child has been or is likely the child will be physically combat emotional or sexually betrayed and the parent or guardian, who know about injuries or persecution or the possibility of such, was not protecting or not possible will protect the child from injury or such persecution;
(c) the parent or guardian of the child is not eligible, or have ignore, or inability, to exercise supervision and control should be on the child and the child began to engage in unhealthy interactions;
(d) the parent or guardian of the child has been ignore or berkeberatan to provide the care, food, clothing and shelters to the child;
Children (e) the child — (i) does not have a parent or guardian; or (ii) has been discarded by the parent or guardian and after reasonable inquiry the parent or guardian could not be found, and there are others who are willing and able to maintain appropriate the child;
(f) the child should be examined, investigated or treated — (i) for the purpose of restoring or preserving his health; and (ii) the parent or guardian ignore or refuse to get the child examined, investigated or treated as such;
(g) the child behaves in a manner, or possible, to the detriment of himself or any other person and the parent or guardian is not disabled or berkeberatan to take measures necessary to improve the conditions or improve measures taken by the parent or guardian that failed;
(h) there are differences in such a way between the child with the parent or guardian, or between the mother and father or penjaga-penjaganya, so much so that relationship seriously disturbed, and that cause the child emotional injury;
(i) the child is one in respect of which any of the offences specified in the first schedule or any offence of the type described in section 1, and have or suspected to have been committed and the parent or guardian — (i) is a person who commits such an offence or suspected to have committed such offence; or 4 the laws of Malaysia Act 611 (ii) was not protected it or not might protect them from such offence;
(j) the child is — (i) a member of the same family with children referred to in paragraph (i); or (ii) members of the same family with the person who has been convicted of an offence referred to in paragraph (i), and that seems to be in danger to be done thereon or in respect of similar offences and the parent or guardian — (aa) is a person who commits or suspected to have committed the offence;
(bb) is the person who has been convicted of such offence; or (cc) the inability or berkeberatan protect them from such offence;
(k) the child is allowed to be in any road, premises or place for the purposes of — (i) begging or receiving charity, whether or not with excuses to sing, play, make a presentation or offer anything for sale; or (ii) carry out the hawking illegal, illegal lotteries, gambling or other activities unlawful harmful health and welfare of the child.
() for the purposes of this part, a child — (a) physically if any substantial injury and can be seen in any part of the body of the child as a result of the imposition of violence or an agent who is not accidental to the body of the child that are didalilkan with, among others, laserasi, kontusi, abrasion, scars, fracture or other bone injury, dislokasi, seliuh, bleeding, broken viskus, burn Burns, lost or changed awareness or physiological function or loss of hair or teeth;
5 children (b) emotional hurt if there is substantial interference and can be seen in function of mental or emotional child is the didalilkan with, among others, mental or behavioural disorders, including anxiety, depression, penyendirian, delayed development or client aggression are;
(c) sexually abused if he participated, either as participants or observers, in any sex-related activities for the purpose of — (i) any material, photographs, recordings, film, video tape or presentation-related pornography, obscene or indecent; or (ii) sexual exploitation by any person for satisfying sex of that person or any other person.
Chapter temporary custody and inspection of Medical treatment And the recruitment of children into temporary custody 18. any protector or police officer is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the protector or police officer is satisfied that — (a) the taking of proceedings in respect of the child should not be in the best interest of the child; or (b) the proceedings are taken by others.
Submission before the Court for children 19. (1) subject to section 0, every children taken into temporary custody under section 18 shall be brought before a court for children within twenty-four hours exclusive of the time required to travel from the place of the child is taken into custody to the Court for children.
6 laws of Malaysia Act 611 () if not possible a child is brought before a court for children within the time specified in subsection (1), then the child must be brought before a magistrate who may direct that the child be placed — (a) in a place of safety; or (b) in the care of a fit and proper person, until the time the child can be brought before a court for children.
() If a child is placed in a place of safety or in the care of a fit and proper person under subsection () — (a) the person in charge of the place or person the fit and proper person shall have control over, and is responsible for maintenance, the child is the same as the parent of the child; and (b) the child shall remain in the care of the person referred to in paragraph (a) even if the child is claimed by his parent or guardian or any other person.
(4) a Protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child is told about the intake.
(5) a police officer who takes a child into temporary custody under this section shall, immediately upon such taking, notify the Protector of such taking.
children who need medical treatment or examination 20. (1) If a protector or police officer who takes a child into temporary custody under section 18 of the opinion that the child requires medical treatment or examination, protector or police officer child 7 can not bring the child before the Court for children or magistrate, as the case may be, but instead submit the child before a medical officer.
() if at the time he was taken into the custody of a child is a patient in a hospital, protector or police officer who took the child into custody can leave the child in the hospital.
() If a protector or police officer does not take a child into temporary custody under section 18 but he is satisfied on reasonable grounds that the child requires medical treatment or examination, he may direct in writing the person who in his judgment is preserving the child in order to bring the child to a physician immediately.

(4) where the person referred to in subsection () do not comply with the instructions given under that subsection within forty-eight hours, a protector or police officer may take the child into temporary custody for the purpose of submitting the child before a medical officer.
Medical examination and treatment 21. Medical officer to someone before a child is submitted under subsection 0 (1) or (4) — (a) shall carry out or cause to be carried out inspections over the child;
(b) may, on examining the child and if allowed so by the protector or police officer, do or cause to be done any procedures and tests necessary to diagnose the condition of the child; and (c) may provide or cause to be given any treatment may deem necessary following the decision of the diagnosisnya.
8 laws of Malaysia Act 611 permission to hospitalized 22. If the medical officer examining a child under section 1 of the opinion that the child needs to be admitted to the hospital for the purpose of preservation or medical treatment, a protector or police officer may allow the child is hospitalized.
control over the children hospitalized at 23. If a child is admitted to hospital under section, the Director General shall have control over, and responsibility for maintenance, the child similar to those owned by the person in charge of a place of safety if the child was placed in a secure place that.
permission for medical treatment 24. (1) If, in the opinion of an officer medical, children referred to in section 1 requires treatment for illness, injury or condition that is lightweight, a protector or police officer may allow such treatment.
() If, in the opinion of an officer medical, children referred to in section 1 suffering from illness, injury or serious condition or in need of psychiatric treatment or surgery, a protector or police officer — (a) shall immediately inform or take reasonable steps to inform and consult with the parent or guardian of the child or any person having authority to allow such treatment; and (b) may, with the written consent of the parent or guardian or the person, allow any medical or surgical treatment or psychiatric deemed necessary by a medical officer.
() If a medical officer certifies in writing that there is a risk to the health of an almost child, a Guardian may authorize, without obtaining the consent referred to in subsection (), any child 9 medical or surgical treatment or psychiatric deemed necessary by the medical officer but only under any of the following circumstances: (a) that the parent or guardian of the child or any person having authority to allow such treatment with unreasonable refuse to give , or not give, permission for such treatment;
(b) that the parent or guardian or person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or (c) the Guardian believes on reasonable grounds that the parent or guardian or person referred to in paragraph (a) was menganiayai, ignore, delete or disclose, or menganiayai in terms of sex, the child.
measures shall be taken after examination or medical treatment 25. (1) a child who is taken into custody under section 18 and inspected or treated medically under section 1 shall be brought before a court for children within twenty-four hours — (a) upon completion of such examination or treatment; or (b) if the child is admitted to the hospital, when he was discharged from the hospital.
() if not possible the child is brought before a court for children within the time specified in subsection (1), then the child must be brought before a magistrate who may direct that the child be placed — (a) in a place of safety; or (b) in the care of a fit and proper person, until the time the child can be brought before a court for children.
40 laws of Malaysia Act 611 () a child which — (a) taken into custody under subsection 0 (4);
and (b) subsequently undergo examination or medical treatment, should be returned to the person from the maintenance of the child is taken — (aa) upon completion of such examination or treatment;
or (bb) if the child is admitted to the hospital, when he was discharged from the hospital.
There is no liability incurred for providing authorization 26. (1) where a child is examined or treated in accordance with section 1 or 4 — (a) a protector or police officer that allows check-ups or treatment thereof; (b) medical officers examine or treat the child; and (c) all those who assisted the medical officer, shall not bear any liability in law only by reason of a child has been examined or treated in accordance with that section.
() no anything contained in subsection (1) exempt an officer from liability in respect of the medical examination or treatment of a child if the liability is the liability to which he would be exposed if the examination or treatment has been carried out or provided with the consent of the parent or guardian of the child or the person who has authority to consent to the examination or treatment of it.
duties of a medical officer or a medical practitioner 27. (1) where a medical practitioner or a registered medical practitioner believes on reasonable grounds that a child is being diperiksanya or dirawatnya 41 children were physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or sexually abused, he shall immediately inform a protector.
() any medical practitioner or a registered medical practitioner who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
() if the registered medical practitioner referred to in subsection (1) is a physician, then he can take the child referred to in that subsection into temporary custody temporary custody until the child is taken over by a protector or police officer.
duty of family members 28. (1) if any member of the family a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or sexually abused, he shall immediately inform a protector.
() any member of the family that fails to comply with subsection (1) commits an offence and shall on conviction be released with bond on conditions which shall be determined by the Court.
() any member of the family that fails to meet any of the conditions of the bond provided in subsection () commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
duty of child care provider 29. (1) where a child care provider believes on reasonable grounds that a child has been physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or sexually abused, he shall immediately inform a protector.
4 laws of Malaysia Act 611 () any child care provider who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
the Court for children 30. (1) if the Court for children is satisfied that any child brought before it under section 19 or 5 is a child in need of care and protection, the Court for children may — (a) order the parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court for the child;
(b) make an order placing the child in the custody of a fit and proper person for a period specified by the Court for the child;
(c) without making any other order or in addition to an order made under paragraph (a) or (b), make an order placing the child under the supervision of — (i) a protector; or (ii) another person appointed for that purpose by the Court for children, for a period specified by the Court for the child;
(d) make an order placing the child in a place of safety for a period of three years from the date of the order or until he reaches the age of eighteen years, whichever is shorter; or

(e) in the case of a child without a parent or guardian or who have been abandoned as described in paragraph 17 (1) (e), make an order placing the child in the care, custody and control of a mother parent who is found suitable by the Director General of 4 children for a period of two years or until the child reaches the age of eighteen years , whichever is shorter, and while waiting for that, put the child in a place of safety.
() If a court for children make an order under paragraph (1) (e), the Director General shall, for the purpose of executing the order, immediately sought to put the child in the care, custody and control of a person's mother or father pets.
() if at any time then the pet parent's plan to return children who have been placed in the care, custody and control under paragraph (1) (e), he shall make a report to the Protector and bring the child to the front of the Protector, the Protector and put the child in a place of safety.
(4) If during the period referred to in paragraph (1) (e) the parent or guardian of a child who cannot claim the child or does not appear, the Court for children may — (a) upon the expiry of such period; and (b) if the Court is satisfied that reasonable steps have been taken by the Protector to trace the parent or guardian of the child, make an order committing the child is to be taken by the parent or any person that intends to lift the child and in any such case — (aa) the consent of the parent or guardian for adoption of the child shall be excluded; and (bb) the Adoption Act 195 [Act 257] (in the case of a child who is not adhering to the religion of islam), the registration of Adoption Act [Act 253] 195, Adoption Ordinance Sabah 1960 and the Adoption Ordinance Sarawak [Cap. 91] shall be construed accordingly.
(5) in determining what order to be made under subsection (1), the Court for children shall give primary consideration to the interests of the child.
44 the laws of Malaysia Act 611 (6) before making an order under subsection (1) or (4), the Court for children shall consider and take into account any reports prepared by the Protector — (a) shall include any information about the family background, behaviour in General, the atmosphere at home, school records and medical history of a child that can enable the Court for the child manage the case in the best interests of the child; and (b) may include any written report of a Social Welfare Officer, a registered medical practitioner or any other person deemed by the Court for children entitled to prepare a report on the child.
(7) to enable Protector provide and submit a report referred to in subsection (6), the Court for children may — (a) from time to time, postpone the case for such period not exceeding two months at a time; and (b) made in respect of the child, as an interim order in force only during the period of the delay, any order that may be made by the Court for children under subsection (1).
(8) the Court for children may, in making any order under subsection (1), impose such conditions or give any directions that the Court considers appropriate for the purpose of ensuring the safety and well-being of the child in respect of which such order is made, and the conditions or instructions that may include the following: (a) that the parent or guardian of the child that are accompanied by the child shall attend interactive workshops organised in specified centres established for such purpose;
Children 45 (b) if the child is placed in a place of safety, that the parent or guardian must visit the child regularly as determined by the Court for children; or (c) if the child is in an institution for education, that parent or guardian shall consult with the teacher and headmistress or headmaster of the child once a month.
(9) any parent or guardian who fails to comply with any conditions imposed, or directions given under subsection (8) commits an offence and shall on conviction be liable to a fine not exceeding five thousand dollars.
(10) an order under subsection (1) shall not be made without giving the parent or guardian of the child the opportunity to appear and be heard.
(11) Notwithstanding subsection (10), an order under subsection (1) may be made if the Court for children is satisfied on the basis of information provided by a Protector that the parent or guardian of the child, once required to be present, has not done so, or does not exist or cannot be found within a reasonable time.
(1) if the Court for children is not satisfied that a child is brought before it under section 19 or 5 in need of care and protection, the Court for the child shall order that the child be returned to the care and custody of the parent or guardian.
(1) the Court for children can, on application — (a) a protector;
(b) the person in charge of a place of safety; or (c) the parent or guardian of a child, amend, vary or revoke any order made under this section — (aa) if the Court for children is satisfied that it is in the best interest of the child to do so; or 46 laws of Malaysia Act 611 (bb) upon proof that the circumstances in which the order is made has changed after the making of the order.
Chapter offences in relation to the health and welfare of Child Abuse, neglect, abandonment or exposure of the child 31. (1) any person, who is with the preservation of a child — (a) the menganiayai, ignore, delete or disclose the child in a way that will probably cause them to suffer physical injury or emotional or cause or allow it betrayed, ignored, removed or exposed such; or (b) who is sexually menganiayai the child or cause or allow it to such persecution, commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding ten years or both () the Court — (a) shall, in addition to any penalty specified in subsection (1), order the person convicted of an offence under that subsection to execute a bond with sureties to behave well for any period it deems fit the Court; and (b) may include in bond under paragraph (a) such conditions as the Court may think fit.
() If a person commanded to execute a bond to behave well under subsection () fails to comply with any condition of the bond, he can be fined further child 47 not exceeding ten thousand ringgit or to imprisonment for a period not exceeding a further five years or both.
(4) a parent or guardian or other person liable in law to support a child shall be deemed to have been ignore them in a way that will probably cause them to suffer physical injury or emotional if, though he is able to hold food, clothing, medical or dental treatment, accommodation or adequate maintenance for the child from his sources on his own, he fails to do so.
(5) a person may be convicted of an offence against this section even if — (a) suffering or injury to health children or the possibility of suffering or injury to health children have been avoided through acts of others; or (b) children may be dead.
children cannot be used for begging, etc.
32. any person causing or caused any children or, as someone who has the preservation of a child, allowing the child to be in any road, premises or place for the purpose of — (a) begging, receiving charity, whether or not with excuses to sing, play, make a presentation or offer anything for sale; or (b) carry out the hawking illegal, illegal lotteries, gambling or other activities unlawful harmful health and welfare of the child, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
48 laws of Malaysia Act 611 offence because let children live without reasonable supervision 33. any person, who is the parent or guardian or the person who at that time had the preservation of a child, leaving the child —

(a) without convening a Setup for monitoring and preservation of affordable accommodation for the child;
(b) for a period that is not reasonable in view of all the circumstances; or (c) in circumstances not reasonable in view of all the circumstances, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Chapter 4 notification when taking children into care, custody or control of the application and interpretation of 34. (1) this chapter shall not apply to the recruitment of a child — (a) into the care, custody or control of any person — (i) pursuant to an order of a court having competent jurisdiction; or (ii) by any protector or police officer acting under this Act;
(b) as residents of a place of safety or orphanages, hospitals, institutions or centres of — (i) maintained by the Federal Government or any State Government; or (ii) approved by the Minister;
Children 49 (c) to remain in an educational institution registered under any written law relating to education; and (d) frequently attend an educational institution registered under any written law relating to education in the care of relatives or the parent or guardian with the consent of the parent or guardian.
() In this chapter, "guardian" a child means a person — (a) be appointed lawfully through deed or a will or by order of a competent court to be the guardian of the child; or (b) who has been lifting the child lawfully.
Notification of taking children into care, custody or control 35. (1) If a person taking a child into care, custody or control of — (a) that person; and (b) the person in the maintenance of the child is at the time of such taking shall, not later than one week after that, tell the protector of such taking.
() upon the receipt of any notification under subsection (1), the Guardian shall make such inquiry as he thinks fit as to — (a) the circumstances of and reasons for such taking; and (b) the suitability, for that purpose, the person who took the child into care, custody or control.
() If, after the inquiry referred to in subsection (), thought by Protector expedient to do so in the best interest of the child, he or she may either — (a) order that the child be returned to the care, custody or control parent 50 laws of Malaysia Act 611 or guardian or person in the maintenance of the child are while he retrieved; or (b) allow taking the child on any terms and conditions required by the protector.
(4) where the taking of a child by any person has been permitted under paragraph () (b) subject to any term or condition and default is made in complying with the terms or conditions of such, the protector may by warrant under his hand order the child — (a) is taken out from the care, custody or control of that person; and (b) placed in a place of safety or in the custody of his brother or a fit and proper person upon such terms and conditions as required by the Protector until the child reaches the age of eighteen years or for such shorter period.
(5) for the purposes of this section, "person" includes an institution or Central — (a) is not maintained by the Federal Government or any State Government; or (b) not approved by the Minister.
(6) a Guardian shall, upon receipt of any notification under this section, record the details of the notification in a register in such form as may be determined.
(7) any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Obligations of the then 36. (1) where the taking of a child is notified to and authorised by Guardian under section 5, children 51 people who have taken the child shall, if at any time then — (a) he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child has been taken; or (b) without his consent or knowledge, the child has left the care, custody or control, make a report to the Guardian and shall, at any time if practicable, bring or cause to be brought before the protector of the child and the parent or guardian of the child or any other person from whom the child has been taken.
(2) on receipt of a report under subsection (1), the Guardian shall make a record of the report and shall if — (a) the child and the parent or guardian of the child or any other person from whom the child has been taken to be present at the time the report was received, return the child to the parent or guardian or that person, as the case may be; or (b) the parent or guardian of the child or any other person from whom the child was taken is not present at the time the report was received — (i) taking the child into temporary custody until he can be returned to the parent or guardian or the person; and (ii) immediately send information in writing to the residential parent or guardian or the person who the end unknown.
(3) any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
52 laws of Malaysia Act 611 Protective Power to require the child produced before it 37. (1) where a Guardian has reason to believe that there is, in the area or the State in which he is exercising jurisdiction, a child with respect to medicines no notification has been made pursuant to section 35, he may, by summons under his hand addressed to the person who has or is believed to have the care, custody or control of the child, require that person to attend and submit the child before it at the time and at the place specified in the summons for the purposes of an inquiry under subsection (4).
(2) If a person to whom a summons has been served under subsection (1) does not produce the child at the time and at the place specified in the summons, the protector can apply to a Magistrate so that a search warrant under section 111 issued to find the child and produce it in front of the Protector.
(3) any child named or described in such warrants can temporarily — (a) detained in a place of safety; or (b) is placed in the custody of relatives or other persons who are fit and proper person upon such terms and conditions as required by the Protector, until the Protector has completed its investigation under this chapter.
(4) the Guardian shall make such inquiry as he thinks fit as to — (a) the circumstances of and reasons for the recruitment of children referred to in subsection (1); and (b) the suitability of the person who took the child into care, custody or control.
(5) If, after the investigation referred to in subsection (4), deemed by Protector expedient in the interest of the child, he may be — (a) order that the child be returned to the care, custody or control parent children 53 or guardian or person in the maintenance of the child is at the time of the acquisition; or (b) allow taking the child on any terms and conditions required by the protector.
(6) where the taking of a child by any person has been granted under paragraph (5) (b) subject to any term or condition and default is made in complying with the terms or conditions of such, the protector may by warrant under his hand order the child — (a) is taken out from the care, custody or control of that person; and (b) placed in a place of safety or in the custody of relatives or other persons who are fit and proper person upon such terms and conditions as required by the Protector until the child reaches the age of eighteen years or for such shorter period.
Part VI children who NEED PROTECTION and RECOVERY Chapter 1 GENERAL Meaning children who need protection and recovery 38. A child in need of protection and rehabilitation if the child — (a) are being encouraged to do any sexual act, or be in any social or physical environment which may lead to the Commission of the Act;
(b) live in or frequently visit any brothel or place of judgemental; or 54 laws of Malaysia Act 611

(c) habitually there are together with or are under the control of maintenance-maintenance a brothel or muncikari-muncikari or people who work or who have a direct interest in the business which is carried out in houses of prostitution or related to prostitution.
Move the children to a shelter 39. (1) any protector or police officer is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child is transferred to a place of protection and the child shall be detained temporarily in the refuge.
(2) every child who temporarily detained under subsection (1) shall be brought before a court for children within twenty-four hours exclusive of the time necessary for the journey from the place of the child is transferred to the Court for such children.
(3) if it is not possible a child is brought before a court for children within the time specified in subsection (1), then the child must be brought before a Magistrate who may direct that the child be placed in a place of protection until the time the child can be brought before a court For children.
(4) if the Court for children is satisfied that a child is brought before it requires protection and rehabilitation, the Court for the child may order the child to be detained in a place of coverage up to — (a) an inquiry under section 40 to investigate the circumstances of the case the child was completed; and (b) a report of the investigation has been submitted to the Court for the child by Protector under subsection 40 (2).
Children 55 (5) if the Court For the child is not satisfied that a child is brought before it requires protection and rehabilitation, the Court for the child shall order that the child be returned to the care and custody of the parent or guardian.
Order when the investigations are finished 40. (1) an inquiry referred to in subsection 39 (4) shall be made by a protector.
(2) a Guardian shall complete the investigation and submit a report of the investigation to the Court for children within a period not exceeding one month from the date of a child goes to a refuge under subsection 39 (1).
(3) If after considering the report submitted under subsection (2) the Court for children is satisfied that any child brought before it is a child who needs protection and restoration of the Court may, subject to the other provisions of this section — (a) order that the child is detained in a place of protection for a period of three years from the date the child into a refuge under subsection 39 (1) and such order shall be authorized to hold it somewhere protection;
(b) make an order placing the child for such period not exceeding three years from the date of the order in the care of a person, whether a relative or not, who are willing and deemed by the Court for the child is a fit and proper person to maintain the child;
(c) make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as determined by the Court for the child, for any period not exceeding three years 56 laws of Malaysia Act 611 from the date of the order, subject to such conditions as it deems fit by the Court for maintenance and proper care of the child; or (d) make an order placing the child under the supervision of a Welfare Officer appointed for that purpose by the Court for children, subject to such conditions as the Court thinks fit and for such period not exceeding three years from the date of the order.
(4) an order made under paragraph (3) (a) or (d) may have the effect of extending the period of detention or surveillance of such, as the case may be, beyond the date on which the child reaches the age of eighteen years.
(5) in determining what order to be made under subsection (3), the Court for children shall give primary consideration to the interests of the child.
(6) Notwithstanding paragraph (3) (a), the Board of Visitors a shelter where a child is detained may reduce the period of detention of the child but no reduction may be made to enable the child is released from the refuge within twelve months from the date he in to a shelter that as stated in that paragraph, except with the consent of the Minister.
(7) the Court for children shall, when making an order under paragraph (3) (a) or (d), order the parent or guardian of a child to execute a bond for a term of the order with any conditions which may include — (a) in the case of paragraph (3) (a), regular visits to the refuge where the child is placed; and (b) in the case of paragraph (3) (d), ensure that the child is living in the House at the time stated.
Children 57 (8) any person who — (a) commanded to execute a bond under subsection (3) or (7), as the case may be; and (b) fails to comply with any conditions of such bonds, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit.
(9) any child sent to a place of protection for detained under paragraph (3) (a) shall, upon the expiry of as either because of — (a) lapse of time; or (b) any reductions made pursuant to subsection (6), placed under the supervision of a Social Welfare Officer or other person appointed by the Protector for that purpose.
(10) the period of surveillance for the purpose of subsection (9) shall be determined by the Board of Visitors place the Protective cover on the recommendation but cannot in any case exceed one year from the date of confinement of the child.
(11) the Minister may upon the application of the child or the parent or guardian of such child exempts from the application of subsection (9) if he is satisfied that it requires the waiver.
(12) without prejudice to the powers of the Board of Visitors in accordance with subsection (6) the Court for children shall, on application in writing made by — (a) a protector;
(b) the parent or guardian of the child is in an order made under this section; or (c) the child, amend, vary or revoke any order made under this section — (aa) if the Court for children is satisfied that it is in the best interest of the child to do so; and 58 laws of Malaysia Act 611 (bb) upon proof that the circumstances in which the order is made has changed after the making of the order.
(13) an order under subsection (3) shall not be made without giving the parent or guardian of the child the opportunity to appear and be heard.
(14) Notwithstanding subsection (13), an order under subsection (3) may be made if the Court for children is satisfied on the basis of information provided by a Protector that the parent or guardian of the child, once required to be present, has not done so, or does not exist or cannot be found within a reasonable time.
Child who needs protection immediately 41. (1) any child who needs protection immediately may at its own application in the prescribed form received by the Guardian into a refuge if the protector is satisfied that the child is in need of protection immediately.
(2) a child is in need of protection immediately if there is reasonable cause to believe that — (a) the child is being threatened or ditakut-takutkan for the purpose of prostitution or for the purpose of committing sexual intercourse with another person or for any pornographic purpose;
(b) the child are confined or detained by another person in contravention of this section;
(c) an offence against this section is or is likely to be made in respect of the child; or (d) if the child is a girl, that she is pregnant out of wedlock son.
(3) subject to subsection (4) and (5), and if the circumstances need, person in charge of any place child protection 59 can receive in to a shelter that any children who — (a) requires protection immediately; and (b) make an application under this section to the person in charge of that.
(4) if the person in charge of a refuge to receive children under subsection (3), the child shall be brought before a protector within twenty-four hours after he went into the refuge with a complete report on his condition.
(5) a child who is admitted under this section is allowed to live in a shelter that's just as long as the Protector is satisfied that the child is in need of protection immediately below this section.

(6) Protective — (a) who receives a child under subsection (1); or (b) to the rear a child is brought under subsection (4), shall immediately inform the Court for children such admittance with a full report on the circumstances and shall be in the same way that told the Court when the child leaves the place.
The investigation and the detention of a child that has been purchased or obtained with false allegations, etc.
42. (1) if the Guardian is no reasonable cause to believe that a child is — (a) was brought in to or will be sent out from Malaysia and child care has been obtained either — (i) after purchased; or 60 laws of Malaysia Act 611 (ii) with fraud, false statement or false allegations, whether or not for the purpose of prostitution;
(b) has been acquired either within or outside Malaysia for the purpose of use, trained or given as a prostitute; or (c) being detained contrary to him for the purposes of — (i) for the purpose of prostitution or obscene; or (ii) sent out from Malaysia for the purpose of prostitution or for the purpose of pornography, the protector may order the child is transferred to a place of protection and the child shall be detained temporarily in the refuge.
(2) every child who temporarily detained under subsection (1) shall be brought before a court for children within twenty-four hours exclusive of the time necessary for the journey from the place of the child is transferred such to court For the child.
(3) if it is not possible a child is brought before a court for children within the time prescribed under subsection (1), then the child must be brought before a Magistrate who may direct that the child be placed in a place of protection until the time the child can be brought before a court For children.
(4) the Court for children to rear a child is brought shall order that the child is detained in a place of coverage up to — (a) an inquiry about the circumstances of the case the child was completed; and (b) a report of the investigation has been submitted to the Court for the child by Guardian under subsection (6).
Child 61 (5) an investigation referred to in paragraph (4) (a) shall be made by a protector.
(6) Protection shall complete the investigation and submit a report of the investigation to the Court for children within a period not exceeding one month from the date the child is admitted to the refuge.
(7) If after considering the report submitted under subsection (6) the Court for children is satisfied that a child is brought before it was a child who needs protection and rehabilitation, the Court may — (a) order that the child is detained in a place of protection for such period not exceeding three years from the date of such order as the Court shall think fit in the best interests of the child; or (b) make an order placing the child under the supervision of a Welfare Officer, appointed by the Court for any period not exceeding three years from the date of such order as the Court shall think fit in the best interests of the child.
(8) an order made under subsection (7) may have the effect of extending the period of detention or surveillance of such, as the case may be, beyond the date on which the child reaches the age of eighteen years.
(9) Subsection 40 (12) to (14) shall apply in respect of any order made under subsection (7) as subsection-that subsection shall apply to an order made under section 40.
(10) where a court for children is not satisfied that the child brought before it requires protection and rehabilitation, the Court for the child shall order that the child be returned to the care and custody of the parent or guardian.
62 laws of Malaysia Act 611 Chapter 2 offences offences 43. (1) any person who — (a) sell, rent or otherwise give, or purchase or rent or otherwise acquire possession, a child with the intention that the child is employed or used for the purpose of prostitution, whether within or outside Malaysia, or by knowing or there is reason to believe that the child shall be employed or used as such;
(b) acquire a child for the purpose of prostitution or for the purpose of doing intercourse with any other person, whether within or outside Malaysia;
(c) by or under any false claims, false statements, or fraud or perdayaan made or used, whether within or outside Malaysia, bring in or help bring into, or takes out or help carry out of Malaysia, a child with the intention that the child is employed or used for the purpose of prostitution, whether within or outside Malaysia , or by knowing or there is reason to believe that the child shall be employed or used as such;
(d) bring in to Malaysia, accept or hide a child with knows or has reason to believe that the child has been acquired for the purpose of prostitution or for the purpose of doing intercourse with any other person, whether within or outside Malaysia, and intentionally want to help that purpose;
(e) by knowing or there is reason to believe that a child has been brought into Malaysia in the circumstances set out in paragraph (c) or were sold, rented out, or rent children 63 or purchased in the circumstances set out in paragraph (a), or in contravention of any other written law accept or hide the child with the intention that the child shall be employed or used for the purpose of prostitution either within or outside Malaysia;
(f) detain a child in a brothel was opposed to the needs of the child;
(g) hold a child in any place contrary to the will of the child with the intention that the child shall be employed or used for the purpose of prostitution or for any purpose that is unlawful or obscene;
(h) by means of any advertising or other notices published by any manner or exhibited in any place offering a child for the purpose of prostitution or to obtain information for that purpose or accept advertising or the notice to be published or exhibited;
(i) acts as an intermediary on behalf of a child or exercise control or influence over the movements of a child in a way that indicates that the person help or menyubahati or controlling prostitution of the child;
(j) subscribe or rent, for any valuable consideration, a child is to provide services for sex of that person;
(k) try to do any act in contravention of this section, commits an offence and shall on conviction — (aa) in the case of offences under paragraphs (a) to (h) or paragraph (k), a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding fifteen years or to both; 64 and the laws of Malaysia Act 611 (bb) in the case of an offence under paragraph (i) or (j), can be liable to a fine not exceeding fifty thousand dollars and to imprisonment for a term not less than three years but not more than fifteen years and shall also sentenced to whipping of not more than six strokes.
(2) any person who is convicted of a second or later time — (a) under paragraph (1) (a) to (g) or paragraph (1) (k), can be sentenced to whipping of not more than ten lashes; and (b) under paragraph (1) (i) or (j), shall be punished by a sentence of whipping strokes not less than six and not more than ten lashes, in addition to any term of imprisonment imposed in respect of the offence.
(3) Section 173a and 294 criminal procedure code does not apply in respect of offences under paragraph (1) (i) and (j).
Presumption in respect of section 43 44. For the purposes of section 43, he shall be deemed, until the contrary is proved that a person — (a) that carries or doom brought a child into a brothel has been providing the child with the intent or knowledge referred to in paragraph 43 (1) (a);
(b) who receives a child into or hide a child in a brothel has had the child with the intent or knowledge referred to in paragraph 43 (1) (a);
(c) has been holding a child in any brothel or in any place contrary to the will of the child if, with the intent to be forcing or pushing the child that lived in a brothel or that place, such person — (i) does not give the child any article children 65

clothing or any other property belonging to the child or any article of clothing commonly or finally used by the child;
(ii) the child threatened that legal action will be taken if the child bring go any article of clothing or any other property which has been borrowed or rented or supplied to the child;
(iii) the child threatened that legal action will be taken against any debts or debts said to be or use any other threat; or (iv) without any legal authority legally withhold the identity card of the child issued under the law relating to the national registration or passport of the child.
Detention pending proceedings 45. (1) any court which investigate or try any offence specified in the second schedule (in this Act referred to as "scheduled offence") may order a child — (a) with which a scheduled offence is said to have done; and (b) the Court considers it requires protection, temporarily detained in a place of safety until the proceedings against the person charged with the disconnected but detention cannot exceed the date the child reaches the age of eighteen years.
(2) Notwithstanding the proceedings already decided, the Court may, on an application made by the Protector and if the Court is satisfied that a child is in need of protection, order that the child is detained in a place of safety in accordance with paragraph 30 (1) (d).
66 laws of Malaysia Act 611 part VII UNCONTROLLED children uncontrolled 46. (1) if the parent or guardian of a child making a written request to the Court for children so as to hold a child in an approved school, a shelter, hostel or moral centre on the ground that the parent or guardian is unable to exercise proper control over the child, the Court For the child — (a) shall immediately investigate the circumstances of the case the child; (b) shall direct the officer to submit a report on moral character to the Court For the child to the court determine whether an order under subsection (2) may be made in respect of the child; and (c) may order that the child be detained temporarily in an approved school, a shelter, hostel or morals if it thinks it necessary to do so.
(2) If after considering the reports referred to in paragraph (1) (b) the Court for children is satisfied that — (a) the expedient to deal with such children; and (b) the parent or guardian is unclear as a result arising from the order and allow the order is made, the Court For the child may, on the recommendation of the probation officer, order that the child — (aa) sent to an approved school, a shelter, hostel or moral centre as the case as appropriate; or child 67 (bb) placed for such period not exceeding three years under the supervision of — (i) a probation officer; or (ii) another person appointed for that purpose by the Court, and any such order may require the child living in a dormitory of probation for a term not exceeding twelve months.
Supervision of probation officer 47. (1) if the Court for children make an order under paragraph 46 (2) (bb), who place a child under the supervision of a probation officer or other person, the officer or other person — (a) shall, so long as such order remains in force, visit, advise and act as a friend to the child; and (b) may, if in his judgment should do so, at any time as long as the order remains in force, bringing the child to the Invigilator before the Court.
(2) a Supervisor to Court before which a child is brought under paragraph (1) (b) may, if he thinks expedient to do so, amend an order made under section 46 and — (a) send the child, subject to the consent of the parent or guardian of the child, to an approved school, a shelter or Center, whichever is appropriate; or (b) placing the child in the pemeliharaa of a fit and proper person, whether a relative or not, who is willing to maintain the child, for the unexpired period of the order.
68 the laws of Malaysia Act 611 part VIII TRAFFICKING and PEMELARIAN child Transfer possession, custody or control of children by unlawful 48. (1) any person who takes part in any transaction its purpose or one of the aim is to transfer or give, wholly or partly, temporarily or permanently, the possession, custody or control of a child for any valuable consideration commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(2) any person who without authorization or a legitimate reason harbors or in its possession, custody or control of a child of which possession, custody or control temporarily or permanently transferred or given for valuable consideration by any other person in or outside Malaysia commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(3) for the purposes of subsection (2), if any person harbors or in its possession, custody or control of a child without permission or a legitimate reason, then the child shall, until the contrary is proved, to be the one child in respect of which possession, custody or control temporarily or permanently transferred or given for valuable consideration.
(4) it shall be a defence in any prosecution under this section if it is proved that — (a) the transfer occurs with the purpose or pursuant to a bona fide marriage or adoption; and (b) at least one of the real parent of the child or guardian of the child is a party that allows the marriage or that allow the adoption by the hooks, 69 children and has expressly consented to the marriage or adoption in question.
Temperament in children through false allegations 49. Any person who — (a) by or under any false statement or claim is made; or (b) by fraud or perdayaan use, whether within or outside Malaysia, leads or help bring a child into Malaysia commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Examination of the child and the person away from 50. Someone protector or any person authorized in writing by the Protector may require — (a) a child who has been in or brought into Malaysia; and (b) any person who is found to have care or control over the child, to appear before him, at any reasonable time and in any place suitable, for inspection in accordance with section 113.
Protector may require a guarantee of 51. If a Protector is no reasonable cause to believe that a child is — (a) has been brought into Malaysia either — (i) after the transfer for valuable consideration; or (ii) through fraud, misrepresentation or any false allegations;
70 laws of Malaysia Act 611 (b) have been transferred to the custody or control of any person for valuable consideration, whether within or outside Malaysia; or (c) being detained across from him by someone other than the parent or guardian, the Protector may — (aa) require any person in the custody or under the control of the child found to be — (i) give him copies of the photograph of the child and the person itself; and (ii) provide up to Protector is satisfied that the child is — (A) shall not leave the area or the State of the place he was at the time without the prior permission in writing from the Protector;
(B) shall not be transferred to the maintenance or custody of any other person without the prior written consent of the Protector; and (C) be submitted to the front of the Protector whenever required by him; or (bb) from the beginning, or in the event of default in complying with any order made under paragraph (aa), make an order that — (i) the child is taken out of the custody of the person in the care, custody or control of the child are and placed in a place of safety; or (ii) for any warranty and upon such conditions as required by the Protector, the child placed in the custody of a relative or other person fit and proper person, until the child reaches the age of eighteen years or for such shorter period.
Child 71 Offences bring or send out children without the consent of the appropriate person having custody of the legitimate

52. (1) Any parent or guardian — (a) does not have a valid custody of a child; and (b) bring or send out a child, whether within or outside Malaysia, without the consent of the person having custody of the legitimate child is guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(2) a person has legitimate care a child under this section if he has been granted custody of the child by virtue of any written law or by court order, including the Syariah Court.
(3) it shall be a defence under this section if a parent or guardian bring or send out a child without the consent of the person having custody of the legitimate child is if — (a) the parent or guardian that — (i) do so with belief that others that allow, or will permit it, if that person knows about all the circumstances related; or (ii) has taken all reasonable steps to contact the other person but could not be thereto;
(b) the parent or guardian that there are reasonable grounds to believe that the child is being betrayed, ignored, discarded or disclosed in a way that will probably cause them to suffer physical injury or emotional; or (c) another person has been with unreasonable refuses to give his consent even though he knew about all the circumstances related to it.
72 the laws of Malaysia Act 611 Orders recover 53. (1) where in the opinion of the Court has reason to believe that a child has been brought or sent out without the consent of the person having custody of the legitimate child is as described in section 52, the Court may make an order recoup.
(2) an order recovery can be made by the Court upon an application made by or on behalf of any person having a valid custody of the child.
(3) for the purposes of this section, an "order recoup" may — (a) direct any person that can do so to produce the child when requested to any authorized person;
(b) allow the transfer of the child by any person duly authorized;
(c) require any person who has information about where the children are revealing such information to authorized persons;
(d) authorize any police officer to enter any premises specified in such order and look for the child, by using reasonable force, if necessary.
(4) any person who willfully obstruct a person authorised person of the exercise of the powers under subsection (3) commits an offence and shall on conviction be imprisonment for a term not exceeding three years and whipped not more than six strokes.
Part IX of the INSTITUTION Chapter 1 a SECURE PLACE and REFUGE place 54. (1) the Minister may, by notification in the Gazette, establish or designate any place, institution or 73 children Center becomes a place of safety for care and protection of children.
(2) the Minister may at any time direct the closure of any place established or prescribed under subsection (1).
Refuge 55. (1) the Minister may, by notification in the Gazette, establish or designate any place, institution or Centre became a refuge for the preservation and rehabilitation of children.
(2) the Minister may at any time direct the closure of any refuge established or prescribed under subsection (1).
Previous child run away or transferred from a secure place or refuge 56. Any previous children run away or transferred from a place of safety or refuge without consent valid — (a) may be arrested without warrant by any protector or police officer and shall be carried back to the place of safety or refuge is; and (b) shall be detained — (i) in the case of a place of safety, for such period equal to the period she was placed in a secure place that has not yet been depleted under the order was originally made by the Court for children; and (ii) in the case of a refuge, for such period equal to the period she had been with illegal outside the refuge and the remaining period of remand which have not been fully under order originally made by the Court for children.
74 laws of Malaysia Act 611 Error transfer or help child past away from a secure place or refuge 57. Any person who — (a) the transfer of a child from the place of safety or refuge without a valid authorization;
(b) knowingly assists or induces, directly or indirectly, a child past away from a place of safety or refuge; or (c) knowingly harbors or conceals a child past such run, or stop him back to a secure place or a shelter it, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chapter 2 of the DETENTION PLACE of the detention Place 58. (1) the Minister may, by notification in the Gazette, establish or designate places of detention be required for the purposes of this Act.
(2) a child shall ordinarily be detained in custody in a place of detention established or prescribed under this Act and which is located in the same State where the Court for children who ordered the child be detained.
(3) an order or judgment which a child is dikomitkan into custody in a place of detention shall be — (a) be submitted together with the child to the person in charge of the detention places; and (b) be authorized to hold it in place in accordance with the terms of the detention order or the judgment.
75 children (4) a child while on hold and time taken to and from the place of detention shall be deemed to be in legal custody.
(5) the Minister — (a) shall cause places of detention inspected; and (b) may make regulations — (i) about classification, safety deposit boxes, filling time and control children detained in the detention places; and (ii) to provide of appointment of person fit and proper to visit periodically the children detained in the detention places.
Previous child run away or transferred from custody 59. Any previous children run away or transferred from a place of detention without a valid authorization — (a) may be arrested without warrant by any protector or police officer and taken back to the detention places; and (b) shall be detained in the detention place for the remaining period of remand which have not been fully under order originally issued by the Court for children.
Error moving or help children run away from the place of detention past 60. Any person who — (a) the transfer of a child from a place of detention without a valid authorization;
(b) knowingly assists or induces, directly or indirectly, a child past away from a place of detention; or 76 laws of Malaysia Act 611 (c) knowingly harbors or conceals a child past such run, or stop he returned to the place of detention, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chapter 3 DORMITORY Dormitory MORAL moral 61. (1) the Minister may, by notification in the Gazette, establish or set the dormitories morals be required for the purposes of this Act.
(2) the Minister may make regulations for the regulation, management and inspection of dormitories morals.
Children under ten years cannot be sent to hostels morals 62. A court for children may not make an order requiring a child under ten years are delivered to dormitory probation.
Previous child run away or transferred from dormitory moral 63. Any previous children run away or transferred from a hostel without a valid moral truth — (a) may be arrested without warrant by any police officer or probation officer; and (b) be brought back to the dormitory or brought before a court Monitor, and that Monitor Court can memperlakukannya for offence therefore he sent to dormitory probation according to the same way as the Court of the Monitor can be child 77 memperlakukannya if the Court Monitor found the child is guilty of the offence.
Error moving or help child past away from moral 64 dormitory. Any person who — (a) the transfer of a child from a hostel without a valid moral truth;
(b) knowingly assists or induces, directly or indirectly, a child past away from a hostel morals; or

(c) knowingly harbors or conceals a child past such run, or stop he returned to the dormitory of the morals, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Chapter 4 the SCHOOL APPROVED School approved 65. (1) the Minister may, by notification in the Gazette, establish or prescribe approved schools required for education, training and retention of children to be sent to it in accordance with this Act.
(2) Members i can classify any approved school — (a) in accordance with the age of the persons to whom the intended approved schools; and (b) in any other way it deems fit to ensure that a child is sent to an approved school sent to school appropriate to the circumstances.
78 laws of Malaysia Act 611 children under ten years could not be sent to school passed 66. A court for children may not make an order requiring a child under ten years are delivered to the school approved.
When children can be sent to approved school 67. (1) where — (a) a child is found guilty of any offence;
(b) report of the morals that are forwarded to the Court for children show that — (i) the parent or guardian of the child will no longer be able to run or unable to conduct any proper controls thereon; and (ii) the child is in need of institutional rehabilitation; and (c) in the opinion of the Court for the child even if the offence committed is not of the type that are serious but expedient the child is detained for such period and under such teachings and discipline that is found most beneficial to recover his renowed behaviour, the Court for children shall, on the recommendation of probation officers, sending the child to school is approved.
(2) if the Court for children order a child is sent to school passed, then the order is the power to hold it in the approved school for a term of three years and the date of the order.
(3) Notwithstanding subsection (2) of the Board of Visitors approved school where the child is delivered may, in their discretion — (a) shortening the detention period for some reason at their saving enough; or child 79 (b) allow any child is discharged for such period and upon such conditions as he thinks fit to impose them.
(4) a child shall not be permitted to be discharged from the school approved under paragraph (3) (b) within twelve months of the first period of the detention without the consent in writing of the Minister.
Order approved school shall be submitted to the authorities, etc., that leads children to school is 68. (1) the Court for children who made an order approved school shall cause the order is handed over to the authority or person responsible for bringing the child to the school, and the authority or the person bringing the child to the school shall deliver the approved school order to the person who is taking care of the school.
(2) the Court for children who made an order approved school shall cause all information in the possession of the Court on a child which in the opinion of the Court should be known to the person who is taking care of the school, is sent to the person who is taking care of the school.
(3) where a child has been commanded to be sent to an approved school, any person who knowingly harbors or conceals the child after time for children that go to school is guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
(4) where a person who is empowered to bring a child to an approved school and when they can't, time for kids that go to the school — (a) find the child; or (b) acquire possession of the child, the Court for children may, if satisfied with the information provided by the oath or affirmation that there are 80 laws of Malaysia Act 611 reasonable cause to believe that a person named in the information it can present the child, issue a summons requiring the person named appear in court on the day specified in the summons and submit the child.
(5) if the person referred to in subsection (4) does not comply with the requirements under that subsection without reasonable he may, in addition to any other liability may be imposed upon him under this Act, shall on conviction liable to a fine not exceeding ten thousand ringgit.
Further detention in approved school overdue order 69. If the person is currently in charge of a school approved is satisfied that a child is — (a) the period of remand in approved school is almost to be depleted in need of care or further training; and (b) cannot be without preservation or further training such getting a suitable job, he may, if authorized by the Board of Visitors approved the school, holding the child for a further period of not more than six months but such period shall be beyond the date on which the child reaches the age of eighteen years.
Aftercare children released from school approved 70. If a child is sent to an approved school, the Court for children making the order shall, at the same time, make an order that after expiration of remand he shall, for a period of one year, placed under the supervision of — (a) a probation officer; or (b) any other person appointed by the Committee to the welfare of children.
Children run away from school 81 Previous approved, etc., or not back to school passed after the end of the holidays, etc.
71. (1) any children who — (a) the last run of the school passed where he detained, or from any hospital, home or the place where he received medical treatment;
(b) while absent in school approval because temporary leave or with the consent of — (i) run away from people; or (ii) do not return to school passed the expiration cutinya, or when such permission is revoked; or (c) while absent in school approved under surveillance, is not back to school passed it when recalled, may be arrested without a warrant and be brought before a court for children where the child is found or where the approved school is located.
(2) If a child is brought before a court for children under subsection (1) under the age of fourteen years, the Court for the child shall order that the child be brought back to the approved school or sent to an approved school other for — (a) a period equal to the period she had been with illegal outside the approved school;
(b) the remaining period of remand; and (c) any period not exceeding six months as directed by the Court, in addition to the period referred to in paragraph (a) and (b).
82 the laws of Malaysia Act 611 (3) If a child is brought before a court for children under subsection (1) has already reached the age of fourteen years, the Court for the child may order the child — (a) is brought back to the approved school or sent to an approved school other for — (i) a period equal to the period she had been with illegal outside the approved school;
(ii) the remaining period of remand; and (iii) such further period not exceeding six months as directed by the Court; or (b) if the circumstances dictated, and on the recommendation of probation officers thought the Court should do so, sent to Henry Gurney School for such period as the Court may direct.
Error moving or help children past away from school approved 72. Any person who — (a) the transfer of a child from a school approved without a valid authorization;
(b) knowingly assists or induces, directly or indirectly, a child past away from approved school; or (c) knowingly harbors or conceals a child the last such run, or stop he returned to the approved school, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Children 83 Chapter 5 SCHOOL HENRY GURNEY School Henry Gurney 73. The Minister may, by notification in the Gazette, establish or designate Henry Gurney schools be required for the purposes of this Act.
Children under the age of fourteen years shall not be sent to the Henry Gurney School 74. A court for children shall not make orders require a child under the age of fourteen years are delivered to the School Henry Gurney.
When children can be sent to Henry Gurney School 75. (1) if —

(a) a child is found guilty of any offence punishable with imprisonment;
(b) report of the morals that are forwarded to the Court for children show that — (i) the parent or guardian of the child could not carry or is unable to conduct any proper controls thereon;
(ii) the child is habitually there together with the character is no good; and (iii) the child is not suitable restored in schools passed; and (c) in the opinion of the Court for children — (i) the offence committed is of a type that serious; and 84 laws of Malaysia Act 611 (ii) by reason of the type of criminal tendencies and habits of the child was expedient the child is detained for such period and under such teachings and discipline that is found most beneficial to recover his renowed behaviour and to combat crime, the Court for children shall, on the recommendation of probation officers, sending the child to school Henry Gurney.
(2) if the Court for children order a child aged Fourteen years and over are sent to the School Henry Gurney — (a) the order of — (i) is the power to hold it for a period of three years from the date of the order; and (ii) to hold it until he reaches the age of twenty one year but not after that; and (b) of section 68 to 72 shall apply with the following modifications: (i) the word "approved" in schools wherever there shall be substituted the words "Sekolah Henry Gurney"; and (ii) in section 69, the words "if authorized by the Board of Visitors approved the school" shall be replaced by the words "if authorized by the Director General of Prisons in case something Henry Gurney School" and the age referred to in that section shall be added as much as three years.
(3) Notwithstanding subsection (2), the Director General of the prison may, in its discretion: (a) shortening the detention period of a child's School of Henry Gurney for reasons which in his judgment sufficient; or (b) the release of any of the child with, permission for such period and upon such conditions as he thinks fit to impose.
Children 85 Chapter 6 SPECIAL PROVISIONS RELATING to the PLACE of SAFETY, SHELTER, school APPROVED and HENRY GURNEY SCHOOL Authority in respect of people under the age of eighteen years but under twenty-one years of age 76. Notwithstanding anything in this Act, the High Court, sessions Court and the magistrate's Court shall have power to order any person who have reached the age of eighteen years but has not attained the age of twenty-one years at the date of the order made at the Henry Gurney School on hold until the person reaches the age of twenty one year but not after that.
Minister's power to transfer people undergoing imprisonment to school Henry Gurney 77. (1) the Minister may, by warrant under his hand, direct that any person who — (a) have already reached the age of eighteen years but has not attained the age of twenty-one years; and (b) is in prison because of undergoing sentence of imprisonment, the school moved to the Henry Gurney.
(2) If a warrant made under subsection (1) — (a) the balance of the sentence of imprisonment that person that has not been exhausted shall be deemed to have been cancelled; and (b) the warrant is the power to detain that person in school Henry Gurney under this Act until the date of his sentence that, less any remitan because well-mannered while undergoing his sentence in jail, if not for this section, have been exhausted.
(3) a warrant under subsection (1) cannot be made unless the age of the person and the balance of the sentence pemenjaraannya outstanding 86 laws of Malaysia Act 611 runs out that allow him to be detained in school Henry Gurney for a term not less than two years.
Minister's power to transfer children undergoing imprisonment to approved schools or Sekolah Henry Gurney 78. (1) the Minister may, by warrant under his hand, direct that a child who is in prison due to undergo imprisonment order transferred to an approved school or Sekolah Henry Gurney.
(2) If a warrant made under subsection (1) — (a) the balance of the order of committal of the child which have not been exhausted shall be deemed to have been cancelled; and (b) the warrant is the power to detain the child in school approved or school Henry Gurney, as the case may be, under this Act until the date of the order of the pemenjaraannya, less any remitan because behave well while undergoing a period of pemenjaraannya in jail, if not for this section, have been exhausted.
(3) the Minister may at any time for reasons which in his judgment enough, by order in writing direct that any child moved from — (a) an approved school to any other approved school or to a School Henry Gurney; or (b) a School Henry Gurney to any School Henry Gurney to another or to an approved school, as specified in the order.
Power to replace detention period of imprisonment with 79. If in the opinion of any court for children on the application of the person in charge of any approved school or Sekolah Henry Gurney, any child detained 87 children in school approved or Henry Gurney Schools under this Act — (a) guilty of serious violations and deliberately against rules approved school or the school of Henry Gurney;
(b) guilty for inciting other residents approved school or Sekolah Henry Gurney is to do such infringement; or (c) could not be improved perangainya or bring bad influence to other residents approved school or Sekolah Henry Gurney that, the Court for the child can replace the remainder of the custody of the child who has yet to finish with such term of imprisonment not exceeding the unexpired balance as determined by the Court.
Transfer of children from one place of safety or refuge to a place of safety or refuge to another 80. Without prejudice to any written law relating to immigration, when an order has been made under this Act to detain a child in a place of safety or refuge and on the opinion of the Director-General is expedient in the interest of the child he transferred from a secure place or a shelter is to a place of safety or refuge in Malaysia, it is lawful for the Director-General to issue an order that the child is transferred such.
Chapter 7 MISCELLANEOUS child or person detained shall be subject to regulations 81. Every child who is detained in any place of safety or refuge, a place of detention, probation, schools approved dormitory or school Henry Gurney, or every 88 laws of Malaysia Act 611 people detained in a Henry Gurney Schools under this Act shall, during the period of the detention of children or that person, subject to such procedures.
Visitors Board 82. The Minister may appoint for each place, a shelter and school approved a Board of Visitors to perform such duties and functions prescribed by the Minister.
Part X CRIMINAL PROCEDURE in COURT for child Chapter 1 charge, warranties, etc.
The trial of children shall meet this Act 83. (1) Notwithstanding anything contained in any written law relating to arrest, detention and trial of a person who commits any offence but subject to subsection (3) and (4), a child who is said to have committed an offence shall not be arrested, detained or tried except in accordance with this Act.
(2) when a child is charged with an offence before a court for children and during the case in progress he attained the age of eighteen years the Court for the child shall, notwithstanding any provisions of this Act, continues to hear the charge against the child and may — (a) exercise the powers under section 76;
(b) the exercise of power under paragraph 91 (1) (a), (b), (c), (d) or (g); or children 89 (c) if the offence can be sentenced to imprisonment, impose such period of imprisonment which can be dropped by a sessions Court.
(3) where an offence committed by a child but charge in respect of the offence against the child after he or she reaches the age of eighteen years, the charge shall be heard by a court other than the Court for children and other Courts that can exercise the powers referred to in paragraph (2) (a), (b) or (c).
(4) a charge made in Association against a child and a person so attaining the age of eighteen years shall be heard by a court other than the Court for children and other Court shall be — (a) carry out in respect of the child all the powers that may be exercised under this Act by the Court for children; and (b) before the exercise of the powers referred to in paragraph (a), to consider the report of the probation.
Guarantee

84. (1) If a child is arrested with or without a warrant, the child shall be brought before a court for children within twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Court For children.
(2) if not possible a child is brought before a court for children within the time prescribed in subsection (1), then the child must be brought before a Magistrate who may direct that the child be detained in a place of detention until the time the child can be brought before a court For children.
(3) the Court For children to rear a child is brought shall investigate the case and unless — (a) the charge is a charge of murder or other crimes;
90 laws of Malaysia Act 611 (b) should be in the interest of children arrested he separated from mingling with any undesirable person; or (c) the Court For the child has reason to believe that the release of the child are frustrating the aims of Justice, the Court For the child shall discharge the child with a bond, which validly executed by the mother, or guardian or other person liable with or without sureties, for an amount which in the opinion of the Court for the child will ensure the presence of the child when the charge is heard.
(4) no nothing in this section shall be deemed to affect the authority of a police officer to release children arrested on bail in accordance with the criminal procedure code.
Separation of children from adults in police or Court of 85. Appropriate arrangements shall be made — (a) to prevent a child while — (i) detained in a police station;
(ii) transported to or from any court; or (iii) waiting before or after attendance in any court, from mingling with someone adult charged with an offence;
(b) to ensure that a child, if a female, while detained or brought such, or waiting, under the care of a woman; and (c) to prevent the picture a child while — (i) detained in a police station;
91 children (ii) transported to or from any court; or (iii) waiting before or after attendance in any court, rather than in any way on tape or film or with any electronic intermediaries.
Child care that is not released on bail after being arrested 86. (1) where a child after being caught and while waiting for trial before the Court for children is not discharged under section 84, the Court for children to children before it is brought shall cause him to be detained in a place of detention held under this Act until he can be brought before the court having jurisdiction unless the Court For the child certifies that — (a) such detention could not be implemented;
(b) he behaved such uncontrolled or bad until he could not remanded safely; or (c) by reason of the State of his health or mental state or his body is not wise he remanded.
(2) under the circumstances referred to in paragraph (1) (a), (b) or (c), the Court for children shall have power to order that the child be detained — (a) at the police station, the room captive police or police lock-up, unaccompanied or separated from adult offenders-offenders; or (b) in a mental hospital, according to the requirements of the situation.
(3) where an order for detention in a mental hospital is made under subsection (2), Chapter XXXIII criminal procedure code shall apply with any necessary modifications.
92 the laws of Malaysia Act 611 submission of information by police officers after the arrest of 87. After the arrest of a minor, police officer or other person making the arrest shall be — (a) immediately notify an officer of probation and the parent or guardian of the child about the arrest; and (b) if the child is charged for any offences, resulting in the probation officer sent to a copy of the charge and other information necessary to enable the character to take such action necessary to prepare or get, as the case may be, a probation report.
Chapter 2 the TRIAL of the parent or guardian is required to be present at 88. (1) If a child is charged for any offence, the Court for children shall require the mother and father or guardian of the child to be present at all stages of the proceedings in a court for children before the case is heard or decided unless the Court for children is satisfied that it is not reasonable to require the presence of the mother and the father or guardian.
(2) any parent or guardian of a child who did not appear in court for children when required to do so under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Mother and father or guardian can were told to exit 89. If in any case deemed necessary by the Court for children in the best interests of the child, the children's Court may enjoin 93 that mother and father or guardian, as the case may be, out of the Court.
The procedure in the Court for children 90. (1) If a child is brought before a court for children for any offence, it shall be the duty of the Court to explain to him in simple language appropriate to the age, maturity and pemahamannya about the content of the alleged offence.
(2) the duty referred to in subsection (1) may be exercised, under the supervision of the Court — (a) a barrister acting for the child; or (b) any other person liable as determined by the Court.
(3) after the content of the alleged offence explained to the child, the Court shall ask the child whether he admits the facts that creates the offence.
(4) If the child admits the facts establish that offence, the Court shall — (a) determine that the child understands the nature and consequences of akuannya; and (b) recorded a finding of guilty.
(5) If the child does not acknowledge the facts establish that offence, the Court shall thereafter hear the evidence of the witnesses in support of the facts.
(6) at the end of the main evidence each witness, the witness can be cross-examined by or on behalf of the child.
(7) the Court for children shall, unless the child is represented by a solicitor, allow the mother and father or guardian of the child or any relative or other person who is responsible to help the child make his defence.
94 laws of Malaysia Act 611 (8) If in any case the child is not represented by counsel or assisted in making his defence as provided in subsection (7) and the child did not submit questions in cross-examination but instead make the assertion, the Court for children — (a) may submit to the child any question necessary for showing, or clarify anything in, echoes of the child; and (b) must then submit any questions to the witness as may be deemed necessary by the Court on behalf of the child.
(9) If in the opinion of the Court on a case of prima facie evidence has been proved — (a) the Court shall explain to the child content of the evidence against him and, in particular, of any matter in evidence so that leaves bad against him or need be;
(b) the child shall be allowed to — (i) give evidence with the oath or pledge; or (ii) make any statement if he desires to do so; and (c) the evidence of any witness on behalf of the Defender shall be heard.
(10) where a court for children found that children are not guilty, the Court shall record an order of acquittal.
(11) If — (a) a finding of guilt has been recorded; or (b) the Court is satisfied that the offence i hat i tu proved, the child and the parent or guardian of the child or other person in charge, if present, must be child 95 then asked if they intend to say anything for reduction or commutations of sentence or otherwise.
(12) the Court for children shall, before deciding how to deal with the child, considering the moral report.
(13) the moral Report referred to in subsection (12) shall be prepared by an officer of probation and the report — (a) shall include any information about the behavior of the child generally, the atmosphere at his home, his school record and achieve that can enable the mourning of the Court for the child manage the case in the best interests of the child; and may submit to the moral character of any questions arising from the moral report; and

(b) may include any written report of an officer Welfare society, a registered medical practitioner or any other person deemed by the Court for the child is suitable for providing a report on the child.
(14) for the purpose of obtaining a report of probation, the Court for children may from time to time release the child on bail or keep him in a place of detention.
(15) If a court for children has been considering the moral report, the Court shall explain to — (a) the child fill in any part of the report which has to do with character or his actions deemed by the Court that the material in the manner he should have dealt with; and (b) the parent or guardian, if present, fill in any part of the report considers the Court material by means of the child should be treated and which refers to the character, conduct, the atmosphere at home, or health of the child.
96 laws of Malaysia Act 611 (16) If the child or the parent or guardian, after dijelaskah him fill in any part of any such moral report under subsection (15), intends to submit information on the report, the Court shall, if it considers the Court that the information material — (a) adjourn the hearing for submission of further information; and (b) if necessary, require the person making the report to attend the hearing when the hearing resumed.
(17) before making a decision on the order to be imposed, the Court shall ascertain from each advisory opinion and all opinions shall be recorded.
(18) after the record and considering the opinion of the advisers, the Court shall make a decision on the order that you want to apply, but in doing so the Court — (a) it shall not be bound to follow the opinion of such advisers or any one of them; and (b) shall record the reasons for such Court disagreed with that opinion.
Chapter 3 the COURT for children FINAL TRIAL Court for children when the offence is proved, 91. (1) if the Court for children is satisfied that an offence has been proved, the Court shall, in addition to any other powers that may be exercised by virtue of this Act, have power to — (a) provide alerts and let go of the child;
Children 97 (b) releasing the minor when he execute a bond to behave well and to comply with any conditions imposed by the Court;
(c) order the child placed in the care of a person's relative or other person fit and proper person — (i) for such period as shall be fixed by the Court; and (ii) any condition imposed by the Court;
(d) order the child to pay a fine, compensation or costs;
(e) make an order of trial under section 98;
(f) order that the child is sent to an approved school or Sekolah Henry Gurney;
(g) order the child, if a man, whipped not more than ten times the strokes with a light cane — (i) the premises of the Court; and (ii) in the presence of the parent or guardian of the child if he want to attend;
(h) impose on the child, if he is aged Fourteen years and over and that offence may be sentenced to imprisonment and subject to subsection 96 (2), any period of imprisonment that can be passed by the Court.
(2) the word "conviction" and "sentence" can not be used in connection with a minor against whom a court for Children Act and any reference in any law of a person who is convicted, a conviction and a sentence shall, in the case of a minor, defined as a child who is found guilty, a guilty finding and an order made on the basis of a finding of guilty.
98 laws of Malaysia Act 611 (3) a finding of guilt of a child cannot be ignored for the purposes of any law which — (a) impose any disqualification or ketidakdayaan on the person convicted; or (b) authorize or require the imposition of any such disqualification or ketidakdayaan.
How to implement 92 strokes. The following provisions shall be followed when implementing order whipping: (a) before whipping is carried out, the child shall be examined by a medical officer to certify that the child is in a State of good health to undergo the lashes;
(b) that person shall use a light rattan with medium strength without lifting his hand more than his head so as not to cut the skin of the child;
(c) after imposing a whipping, he shall lift the cane up and not pull it;
(d) the strokes can be applied to any part of the body except the face, head, stomach, chest or confidential parts;
(e) the child must be wearing clothes; and (f) If during the execution of the strokes medical officer certifies that the child will no longer be able to receive the balance of the strokes, the strokes shall be terminated with final.
The parent or guardian shall execute bonds 93. (1) the Court for children shall, in addition to any powers provided in subsection 91 (1), order that the parent or guardian of the child-the 99 child to execute a bond for good behaviour the child with or without guarantee and with one or more than one the following conditions: (a) that the parent or guardian with accompanied by children shall be reported in the Department of social welfare or the nearest police station is located close to the mother's place of residence or the father or guardian of the child at regular intervals to be determined by the Court;
(b) that the parent or guardian with accompanied by the child shall attend interactive workshops organised in specified centres established for such purpose;
(c) if the child is in an institution for education, that parent or guardian shall consult with the teacher and headmistress or headmaster of the child once a month during the period of the bond;
(d) if the child is sent to an approved school or Sekolah Henry Gurney, that parent or guardian shall visit the child on a regular basis as determined by the Court; or (e) any other conditions that the Court thinks fit.
(2) if any of the parent or guardian fails to comply with any conditions of the bonds referred to in subsection (1) — (a) the parent or guardian is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand dollars; and (b) the Court may order the guarantee, if any, dilucuthakkan; and the provisions of the criminal procedure code relating to forfeiture of bonds shall apply in respect of the guarantee.
(3) an order under subsection (1) cannot be made against a person's parent or guardian without giving the parent or guardian the opportunity to be heard.
100 laws of Malaysia Act 611 (4) Notwithstanding subsection (3), an order under subsection (1) may be made if the Court for children is satisfied on the basis of information provided by an officer of probation that the parent or guardian of the child, once required to be present, has not done so, or does not exist or cannot be found within a reasonable time.
The power to order the parent or guardian and not the child, pay the fine, etc.
94. (1) where — (a) a child charged before the Court for children for any offence when done — (i) a penalty may be imposed; and (ii) compensation or costs or compensation and the cost of second-they can be awarded; and (b) the Court is of the opinion that the case can be resolved preferably by implementing all or any of the penalties, whether with or without any other penalty, the Court shall order that penalties and compensation or costs awarded to that paid by the parent or guardian of the child and not by the child, unless the Court is satisfied that the parent or guardian that — (a) is not available or cannot be found within a reasonable time; or (b) have not helped the cause of the offence because of negligence in safeguarding the child accordingly.
(2) where — (a) the Court for children are of the opinion that a charge against a child has been proved; or (b) a child pleaded facts which create errors in the charge, children 101 the Court can make an order requiring the parent or guardian — (aa) pay compensation or costs; or (bb) provide security for good behaviour the child, without recording a finding of guilty to the child.
(3) when the Court requires the parent or legal guardian give security for good behaviour a child under subsection (2), one or more of the conditions referred to in subsection 93 (1) shall apply to the parent or the guardian.

(4) If the parent or guardian that does not comply with the conditions of the guarantee, the Court may order the dilucuthakkan guarantee.
(5) an order under this section shall not be made to the parent or guardian of the child without the parent or guardian the opportunity to be heard.
(6) Notwithstanding subsection (4), an order under this section may be made if the Court for children is satisfied on the basis of information provided by an officer of probation that the parent or guardian of the child, once required to be present, has not done so, or does not exist or cannot be found within a reasonable time.
(7) any sum due and commanded to be paid by the parent or guardian of a child under this section or when dilucuthakkan any such guarantee can be obtained from the parent or the guardian in the manner provided by the criminal procedure code in a manner similar as if such order had been made because the parent or guardian has been convicted of the offence with which the child has been charged with.
102 the laws of Malaysia Act 611 95 Appeal. (1) the public prosecutor or any child or the parent or guardian, if aggrieved by any finding or order of the Court for children, may appeal to the High Court against a finding or order in accordance with the provisions of the criminal procedure code relating to criminal appeals to the High Court of the magistrate's Court.
(2) except in the case of lashes that its implementation should be postponed pending the appeal, no appeal can operate as stay of execution, but the Court for children may suspend the execution of any judgment or order pending the appeal, upon such terms as to security for the payment of any money or performance or non-performance of any act or conduct of any punishment ordered by or in the judgment or such order as the Court thinks reasonable For the child.
(3) the High Court shall, in all criminal appeals that start from the Court for children, decide final within twelve months after the notice of appeal is filed.
(4) any appeal under this section shall, notwithstanding any other written law, given the heading "appeal by children" and in dealing with any such appeal, section 12 and 15 shall apply to the High Court with any modifications necessary.
Restrictions on committal order 96. (1) children under the age of fourteen years may not — (a) commanded to imprisonment for any offence; or (b) dikomitkan default to prison due to pay a fine, damages or costs.
(2) children aged Fourteen years and over may not be commanded to imprisonment if he can be dealt with 103 children with any other means compatible with the experiment, or a fine, or sent to a place of detention or approved school, or school Henry Gurney, or otherwise.
(3) children aged Fourteen years and over may not, if commanded to imprisonment, allowed to mix with adult prisoners.
The death sentences of 97. (1) the death penalty may not be pronounced or recorded against a person convicted of an offence if in the opinion of the Court he was a child at the time of the offence committed.
(2) in lieu of the death penalty, the Court shall order a person convicted of an offence to be detained in prison as long as's — (a) the Yang di-Pertuan Agong if the offence committed in the Federal territory of Kuala Lumpur or Labuan; or (b) the King or Yang di-Pertua Negeri, if the offence committed in that State.
(3) if the Court makes an order under subsection (2), the person shall, notwithstanding anything in this Act — (a) detained in prisons and under such conditions as directed by the Yang di-Pertuan Agong or King or Yang di-Pertua Negeri; and (b) while remanded in custody, be deemed to be valid.
(4) where a person ordered that detained in jail under subsection (2), the Board of Visitors for the prison Judge — (a) must review the case of that person at least once a year; and 104 laws of Malaysia Act 611 (b) may recommend to the Yang di-Pertuan Agong or King or Yang di-Pertua Negeri that the person be released early or detained further, and Yang di-Pertuan Agong or King or Yang di-Pertua Negeri may thereupon order that he be released or detained further, as the case may be.
Chapter 4 TESTING When testing may be ordered 98. (1) where the Court for children by him or in his presence a child is found guilty of an offence other than — (a) any crimes;
(b) willfully causes injured, raping, commits incest or respect for the honor; or (c) an offence under section 377B, 377e, 377d or 377c of the Penal Code, is of the opinion that having regard to the circumstances, including the type of offence and the character of the child, should the Court do so, the Court for the child can make a trial order.
(2) before making a probation order under subsection (1), the Court for children shall be explained to the child in simple terms appropriate to the age, maturity and pemahamannya — (a) the evil of that order; and (b) that if he — (i) does not comply with the probation order; or (ii) commits an offence, he may be dealt with another for the original offence and also for other offences.
Children 105 (3) a probation order shall have effect for such period of not less than one year and not more than three years from the date of the order as set out in the order the trial.
(4) for the purpose of determining good conduct and supervision of children in the trial or avoid him repeating the same offence or committing other offences, an order of testing shall be — (a) requires children in the trial over the period to comply with the supervision of a probation officer;
(b) States that children in the experiment can not do any offence during the period of the order of the trial; and (c) contain any other requirements deemed necessary by the court taking into account the circumstances of the case including any one or more than one of the following: (i) that the children in the trial must be living in a dormitory moral, in the residence parent or guardian or his brother or in any other place;
(ii) that the children in the trial shall attend an educational institution recommended by the probation officer;
(iii) that the children in the trial shall be at the place of residence, either in a dormitory the morals or in a home, the hours must be stated.
(5) without prejudice to the power of the Court to make an order under section 91, the payment of a sum of money as compensation for injury or compensation for losses shall not be included among the requirements of a probation order.
(6) before making a probation order which contains requirements as to residence, the Court — (a) shall consider the atmosphere at home a child; and 106 laws of Malaysia Act 611 (b) if the order requires a child living in a dormitory moral, shall state the period he/she is required to stay within the order, but that period may not exceed the period of twelve months from the date of the order.
(7) the Court for children that makes an order of testing shall be — (a) immediately provide a copy of the order — (i) to children in the trial;
(ii) to moral or other person under its stewardship of the child is placed; and (iii) to the person in charge of probation hostel or other place where the child is required to live according to the order; and (b) except if the Court itself was the Court Monitor, send to the Court for children for regions named in the order in which the children in the trial were required to reside during the probation period, a copy of the order with any documents and information relating to the case which he considers may be able to assist the Court.
(8) upon making an order of the trial court for children can, if he deems expedient for the recovery of the children in the trial, handed over the children in the trial into the custody of any person who agrees to accept children in the trial, when the person gives a guarantee of good behavior in the trial; and the provisions of the Criminal Procedure Code concerning forfeiture of bonds shall apply in respect of the guarantee.
Do not comply with the probation order 99. (1) if at any time during the trial period the Court take account of the opinion that a child is in the child 107 trial has not complied with any of the requirements of the probation order under paragraph 98 (4) (a) or (c), the Court may issue — the Monitor

(a) a summons require children in the trial were present at the place and at the time specified in the summons; or (b) a warrant for arrest him.
(2) a warrant under subsection (1) shall not be issued except in accordance with the written information submitted by officer vowed morality.
(3) a summons or warrant issued under this section shall direct the children in the trial in order to appear or be brought before the Court Monitor.
(4) a child is in the trial when arrested under subsection (1) may, if not brought immediately to the Supervisor before a court under subsection (3) — (a) detained in a place of detention; or (b) released on bail, with or without sureties, until the time he can be brought before the Court of the Monitor.
(5) where it is proved to the Court Supervisor is satisfied that children in the trial were not to comply with any requirements of the probation order under paragraph 98 (4) (a) or (c) the Court may, without prejudice to the trial order of survivorship — (a) impose a fine not exceeding five thousand dollars thereon; or (b) deal with the children in the trial for the offence in respect of which the probation order is made in such a way that he can be dealt with by the Court if the Court has mendapatinya guilty of the offence.
108 the laws of Malaysia Act 611 (6) a fine imposed under this section for non-compliance with any requirements of an order of probation shall be — (a) deemed for the purposes of any law as a sum of money so paid upon executed a conviction; and (b) are taken into account in making any order later over the children in the trial under this section or section 100.
(7) for the purposes of paragraph (6) (a), "a sum of money so paid upon executed a conviction" includes any costs, damages or compensation so paid upon something condemned conviction that lesser amount determined by the conviction.
(8) a child is in the trial who do not comply with paragraph 98 (4) (b) shall be dealt with under section 100.
Further offence 100. (1) if it is found by the Court Monitor that — (a) a child is in the trial was found guilty by a Court of an offence committed during the period of the trial; and (b) children in the trial were treated with respect to that offence, the Court may issue the Monitor — (aa) a summons requiring children in the trial were present at the place and at the time specified in the summons; or (bb) a warrant for arrest him.
(2) a warrant under subsection (1) shall not be issued except in accordance with the written information submitted by officer vowed morality.
(3) a summons or warrant issued under this section shall direct the child in trying the 109 children in order to appear or be brought before the Court of the Monitor.
(4) where it is proved to the Court Supervisor is satisfied that a child is in a trial on his case the order is made has been found guilty and has been dealt with in respect of an offence committed during the period of the trial, the Court can memperlakukannya for offence therefore the order made in such a way that he can be dealt with by the Court if the Court has mendapatinya guilty of the offence.
Impact testing 101. (1) the findings of guilt for an offence of which an order is made under this chapter which puts offenders in the trial shall be deemed not a conviction for any purpose other than for the purposes of — (a) the proceedings in which the order is made; and (b) any proceedings then that may be taken against a child under this chapter.
(2) subsection (1) shall not prejudice — (a) the right of any child is — (i) to appeal against a finding of guilty; or (ii) to rely on a finding of guilty to prevent any later proceedings for the same offence; or (b) the vesting date or the return of any property as a result of the finding is guilty of any of the child.
Amendment of probation order 102. (1) if the Court Supervisor is satisfied that a child is in the trial proposes to change or changed its place of residence from the district or area named in the order of the trial to the district or area of 110 laws of Malaysia Act 611 others, the Court can, and if an application in that behalf made by the moral, shall, by order amend the trial order by replacing regions named in the order of the trial with a district or a child in trying It proposes to reside or are staying.
(2) if the probation order may contain requirements which, in the opinion of the Court the Monitor could not be complied with unless the children in the trial continued to live in the district or area named in such order, the Court Monitor cannot amend the order except in accordance with subsection (4).
(3) where a probation order is amended under subsection (1), the Court shall send to the Court Monitor for children for district or new area named in the order is a copy of the order with any documents and information relating to the case which he considers may be able to assist the Court for the child.
(4) without prejudice to subsection (1) and (3) the Court may, on application Monitor made by moral or by children in the trial, by order amend the trial order with — (a) revoke any requirement in the order of the trial; or (b) enter into order the trial either in addition to or as a substitute for any such requirements, any requirements that may be included in the order if the order made by the Court in accordance with section 98.
(5) the Court Monitor cannot amend a probation order under subsection (4) by — (a) reduce the probationary period; or (b) extend the period be more than three years from the date of the original order.
111 children Relief order 103 trial. (1) the Court for children who made an order of the Court or the probation Supervisor shall, on application made by the moral, the parent or guardian of the child or children trial the trial forfeits the trial order.
(2) the Court for children cannot manage an application under subsection (1) without calling the children in the trial unless the application is made by an officer of morals.
(3) where — (a) the Court release the trial an order under subsection (1); or (b) children in the trial dealt with under section 99 or 100 for offences that therefore she was placed in the trial, the trial order shall cease to have effect.
The Court shall provide a copy of the order amendment or release to moral 104. When an order that amend or discharge a probation order is made respectively under section 102 or 103 of — (a) the Court shall immediately provide a copy of sufficient order amendment or release it to morals; and (b) the officer shall give a copy of the probation order amendment or release it to — (i) children in the trial; and (ii) the person in charge of probation hostels or places where children in the trial were required to live by living or the order.
112 laws of Malaysia Act 611 part XI in the CARE of PEOPLE who are ELIGIBLE and SUITABLE children placed in the care of people who are eligible and suitable 105. (1) this section shall apply in relation to an order made under this Act that put a child in the care of a fit and proper person.
(2) an order placing a child in the care of a fit and proper may be varied or revoked by the Court for children or the Court Monitor when the application is made by — (a) the parent or guardian of the child;
(b) a protector; or (c) moral officer, as the case may be.
(3) where — (a) the application is made by the parent or guardian or any other close relatives of a child who is commanded to be placed in the care of a fit and proper person under subsection (1); and (b) the Court For children or the Court Monitor who has the authority to vary or revoke the order is satisfied that the child is not shaped by his religious as decided by the parent or guardian, the Court for children or the Court Supervisor, as the case may be, shall, unless a satisfactory undertaking given by a person in the maintenance of the child has been placed 113 children, either cancel the order or change the order in such manner as deemed by the Court to determine that the child from that time are shaped according to the religion.

Previous child run away or transferred from the preservation of person fit and proper 106. (1) a child of the last run of a person in the maintenance of the child has been placed under this Act shall be — (a) was arrested without a warrant; and (b) be brought before a court for children who made the order or before a court Monitor.
(2) the Court For children or a Monitor to the Court before which a child is brought under subsection (1) shall immediately investigate the case and taking into account the recommendation of the probation officer or Guardian, as the case may be — (a) order that the child be brought back to that person, if he is willing to accept the child; or (b) make an order that may be made by the Court if the child has been brought before the Court as a child without a parent or guardian.
Error moving or help children past run of preservation of a fit and proper person 107. (1) any person who — (a) the transfer of a child from the preservation of a fit and proper person without a valid authorization;
(b) knowingly assists or induces, directly or indirectly, a child past away from people in the maintenance of the child has been placed; or 114 laws of Malaysia Act 611 (c) knowingly harbors or conceals a child past such run, or stop he returned to the care of that person, commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Part XII ORDER CONTRIBUTIONS Contributions by the parent or guardian or other person 108. (1) where an order is made – (a) placing a child in the care of a fit and proper person;
(b) send a child to a boarding school passed, moral, Henry Gurney, School or institution or approved Centre; or (c) placing a child in a place of protection, the Court for children who make such order may, at that time or later, also make an order of contribution requires parent or guardian or other person having custody of the child — (aa) at the time of the Commission of the offence that resulted in the order is made;
(bb) before an order is made under subsection (1); or (cc) immediately before the commencement of any proceedings, so as to make any contribution or monthly contribution in such manner as the Court may think fit, after taking into account the ability of the parent or guardian or other person that.
Children 115 (2) the Court for children shall not make any order contributions under subsection (1) if the Court is of the opinion that unfair if order contributions are made after taking into account the circumstances and the ability of the parent or guardian or other person that.
(3) where an order of contributions are made pursuant to subsection (1), it shall be the duty of the parent or guardian or other person against whom the order of the contribution it makes to comply with the order of the contribution.
(4) All sums payable under an order of the contribution shall be paid to any court or any authority as directed by the Court which makes the order.
(5) the Court for children that makes any order such contributions may, from time to time, when the application is made by — (a) the parent or guardian or other person against whom the order of the contribution is made;
(b) a protector; or (c) an officer of the moral, delete, create new or change such order as it thinks fit by the Court upon proof of changes in the circumstances of the person against whom the order is made or because of other reasons shown until the Court is satisfied.
(6) an order under subsection (1) shall not be made without giving the parent or guardian of the child or other person who has custody of the child the opportunity to be heard.
(7) Notwithstanding subsection (6), an order under subsection (1) may be made if the Court is satisfied on the basis of information provided by a protector or moral officer, as the case may be, that the parent or guardian or any other person that, once required to be present, has not done so, or does not exist or cannot be found within a reasonable time.
116 the laws of Malaysia Act 611 (8) an order contributions shall remain in force — (a) in the case of a child who is commanded to be placed in the care of a fit and proper person, as long as that order remain in force; and (b) in the case of a child who is commanded to be sent to a place of protection, the boarding school passed, moral, Henry Gurney, School or institution or approved Centre, until he no longer is under preservation of the person who is taking care of a shelter, hostel moral, approved schools, Henry Gurney, School or institution or centre approved it.
(9) a contribution is not payable under an order of the contribution in respect of any period of time — (a) a child who is commanded to be sent to an approved school or Sekolah Henry Gurney was outside the school with permission or under the supervision of a probation officer; or (b) a child who is commanded to be sent to a refuge on vacation from a shelter or from being under the supervision of a Social Welfare Officer.
(10) If any person willfully ignore complying with an order of contribution, a Magistrate may, for every breach of the order — (a) by warrant, direct that the amount due is levied in the manner provided by law for melevi fine imposed by a magistrate; or (b) punish that person with a sentence of imprisonment for a term not exceeding one month for each month of contributions remaining unpaid.
(11) the term of imprisonment imposed under paragraph (10) (b) shall terminate when the amount of the contributions due is settled.
Children 117 part XIII investigation, ARREST, SEARCH, SEIZURE, etc.
Authority to investigate 109. (1) a protector or police officer may investigate the Commission of any offence under this Act.
(2) a Protector when acting under this section shall, upon request, to declare his position to the person against whom he is acting or from whom he requires any information.
(3) every person required by a protector or police officer to provide information or produce any document or other thing in respect of the Commission of any offence that the person giving it authority shall be legally bound to give information or produce a document or other thing that.
Power to arrest without warrant of 110. (1) any police officer may arrest without warrant any person who is reasonably believed by him — (a) have been doing or trying to do; or (b) use or assist any other person to do or the doing of menyubahati, an offence against this Act, and may examine the body of any person so arrested.
(2) any person arrested under subsection (1) shall, after the arrest, treated as provided by the criminal procedure code.
Search with warrant 111. (1) where in the opinion of someone Magistrate based on information given by a written oath that there are 118 laws of Malaysia Act 611 reasonable cause to believe that in any premises any evidence as to — (a) a child who is in need of protection;
(b) a child who is being hidden, confined or detained in contravention of this Act; or (c) the Commission of an offence against this Act, the Magistrate may issue a search warrant which authorises someone protector or police officer to whom the warrant is directed, at any reasonable time during the day or night and with or without assistance, to — (aa) enter and search the premises;
(bb) examine, make copies of, or take extracts from, any books, records or documents;
(cc) examine any person that is in or on the premises, and for the purposes of the examination of the person detained and transfer them to any place as may be necessary to facilitate such examination, and seize and detain any article found, on that person; and (dd) finding and transferring children — (i) that require protection;
(ii) that is being hidden, confined or detained in contravention of this Act; or (iii) in respect of which an offence against this Act has been committed, to a place of safety or refuge.
(2) where a child has been placed in a place of safety in accordance with paragraph (1) (dd), Protection shall, as soon as practicable, notify the parent or guardian who has custody of the legitimate the child where the child is.
Children 119

(3) when required to do so, a protector or police officer exercising any power under subsection (1) may — (a) break open any door or window or in any premises to get into the premises;
(b) in with force into any premises and any part of the premises;
(c) by violence move any barriers to entry, search, seizure, detention or the transfer as he is empowered to implement them under subsection (2);
(d) detain any person found in or on any premises searched under subsection (1) until the completion of the premises searched.
(4) a woman shall not be inspected his body under this section or section 110 except by a female and someone no man may be inspected except by a man and the examination shall be carried out by giving careful attention to modesty.
(5) a person who by violence, restrictions, intimidation, inducement or otherwise render any child who needs protection hide himself in or leave any premises being searched or new to be searched by a protector or police officer under this section, with the intention that a search by the protector or police officer shall be thereby terhindar or blocked, commits an offence.
(6) then be the duty of the owner or occupier of any premises who searched under this section and any person found in such premises or to — (a) give a protector or police officer that all the facilities and assistance reasonably required by him; and (b) give the protector or police officer all information reasonably required by him.
120 laws of Malaysia Act 611 Search without warrant 112. If a protector or police officer have reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 111 — (a) an investigation will be affected; or (b) the goal of admission may terkecewa, he can run on, and in respect of the premises, all the powers referred to in that section in a way that fully and adequately as if he has been authorized to do so by a warrant issued under that section.
The authority to examine people 113. (1) a protector or police officer investigating an offence under this Act may order any person — (a) knowing the facts and circumstances of an offence so as to appear before it to be examined orally in relation to any matter that may be able to help in the investigation of the offence; or (b) produce any child or any books, articles or documents that might be able to help in the investigation of the offence.
(2) a person to whom an order has been given under paragraph (1) (a) — (a) shall be present in accordance with the terms of the order for inspection; and (b) during the examination that — (i) shall disclose any information that he knows or which can be obtained by it in connection with matters related to it he inspected;
(ii) must answer correctly and as far as he knew and believed any question submitted to it; and 121 children (iii) may not refuse to answer any question on the ground that the answers can show that he is guilty.
(3) a person to whom an order has been given under paragraph (1) (b) — (a) shall submit the child unless demonstrated up to Protector is satisfied that the child is — (i) no longer under the care or control of that person; and (ii) that person does not know where the child is; and (b) cannot conceal, destroy, alter or dispose of any books, articles or documents specified in that order.
(4) a person to whom an order is given under subsection (1) shall comply with the order and subsection (2) and (3) Notwithstanding any law or pillars of law to the contrary.
(5) a Protector that examine a person under paragraph (1) (a) shall record in writing any statement made by the person examined and recorded statement shall be signed by such person who made it or affixed with cap head jarinya, as the case may be, after — (a) the statement was read out to him in the language of the statement made by him; and (b) he was given the opportunity to make any corrections he wanted.
(6) If a person examined under this section refuses to sign or mengecapkan mother jarinya on the statement, then, the Protector shall endorse or at, the record under his hand to the fact of the refusal and the reason, if any, specified by the person who inspected it.
122 laws of Malaysia Act 611 (7) Notwithstanding any law or pillars of law to the contrary, the record of an inspection under paragraph (1) (a) and any books, articles or documents submitted under paragraph (1) (b) shall be admissible as evidence in any proceedings in any court for or in respect of an offence under this Act, regardless of whether the proceedings against — (a) the person examined;
(b) those who produce books, articles or document; or (c) any other person.
(8) any person who contravenes this section commits an offence.
Examination of 114. If an order is made placing a child in the care of a fit and proper person or require that the parent or guardian of the child to carry out maintenance and proper care to it, Protector or morality or any social welfare Officer authorized in writing by the protector or moral officer may, as long as that order remain in force — (a) at any time visit and inspect the place of children in respect of which the order is made living or believed to be living or are; and (b) investigate the nature and circumstances of the child, and for the purposes of the investigation, may require any person to answer any question he deems fit asked and the person legally bound to answer the questions correctly as far as he knows or believes.
Obstacles 115. Any person who — (a) refuses to provide Protection or Welfare Officer access to any premises, or not children 123 agreed to inspection by a person authorized to can inspect them under this Act;
(b) attack, prevent, menggalang, melengah-lengahkan or try to attack, prevent, menggalang or melengah-lengahkan Protective or Social Welfare Officer in discharging its duties under this Act;
(c) fails to comply with any request, order or requirement of a valid person Protective or Social Welfare Officer in discharging its duties under this Act;
(d) No, refuse or ignore to give someone Protection or Welfare Officer any information reasonably required of them and that he has the power to give it away;
(e) not submit to, or hide or attempt to hide from, a protector or Social Welfare Officer, any child or any books, articles or documents related to it protector or the Social Welfare Officer has reasonable grounds to believe that an offence under this Act has been or is being done;
(f) take back or trying to take back or taken back anything seized accordingly; or (g) destroy any thing to prevent the seizure or detention of the thing, the thing, commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Protection of informer 116. (1) any person who gives any information that a child is in need of protection shall not bear any liability because of defamatory or otherwise in respect of the provision of that information.
124 the laws of Malaysia Act 611 (2) the provision of any information that a child is in need of protection may not, in any proceedings before any court or from any other hand, calculated to be — (a) a breach of etiquette or professional ethics; or (b) contrary to professional standards of conduct received.
(3) except as provided in subsection (4) and (6), a witness in any civil or criminal proceedings shall not be required or permitted to disclose one's name and address or content informer information received therefrom or declare any matter that may cause the informer known.
(4) where any books, records or documents that constitute or that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the informer is known, the Court shall cause to be all such parts are closed out of sight or deleted to the extent necessary to protect the identity of the informer of the unknown.

(5) this section shall apply for any registered medical practitioner, any member of the family or a child care provider which gives respective information under section 27, 28 or 29 in the same way as this section shall apply to a person who provides information that a child is in need of protection.
(6) If during trial for any offence against this Act, the Court after a full investigation on the case believe that the informer wilfully made in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without the identity of the informer is known then valid for the Court to require the original complaint, if written, presented, and allow the investigation and require full disclosure concerning the informer.
125 children Division XIV VARIOUS Court for children is given to the High Court of 117. There is nothing in this Act other than section 96 and 97 shall affect the power of the High Court and all powers exercisable under this Act by a court for minors in respect of a child can be the same way is carried out by the High Court.
Express 118. The Registrar shall cause to be kept and maintained, in the prescribed form, a register to be known as the "register of children in need of Protection".
Contents Of Express 119. The register shall contain: (a) particulars of every case or suspected case of children requiring protection; and (b) any other matter relating to the case or suspected case is determined by the Director General from time to time.
Access to register of 120. (1) the particulars contained in the register shall be given to — (a) any court when it is before the Court any proceedings in respect of a child who needs protection;
(b) any court when requested so by the Court; and (c) the Director General, a Protector, any police officer or any member of a team of 126 Protection laws of Malaysia Act 611 children or a child welfare committee when any of them requires such details for the purposes of any proceedings under this Act or for the purpose of taking action in respect of, or the provision of assistance to, a child who needs protection.
(2) the particulars contained in the register can be given to — (a) persons engaged in bona fide research and that their access to the register of permitted by the Director-General for the purpose; or (b) persons or groups of persons authorised by the Director General have access to the register on the ground that their access to the Express will enhance the protection of children.
(3) the particulars given under this section may not include any information that reveals or may lead to the disclosure of the identity of any person who has given any information that a child is in need of protection.
Offence in respect of the register 121. Any person who provides any other person any particulars contained in the register other than in accordance with section 120 commits an offence and shall 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.
Certificate of Registrar evidence 122. A certificate purporting to be under the hand of the Registrar as to any entry in the register, or of any matter or thing which he is authorized to do so or make it by this Act or any regulations made under this Act shall, until the contrary is proved, be evidence received as evidence of the facts stated in the Register as of the date of the certificate.
Child advocacy and protection of 127 against legal proceedings 123. Action cannot be taken and the prosecution cannot be brought, instituted or maintained in any court against the Government, the Minister, the Director General, Protection, Welfare Officer, officer morals, police officer or a medical officer for anything done or omitted from committed under this Act — (a) in good faith;
(b) a reasonable belief that anything done or omitted from do it necessary for the purposes that are intended to be achieved with it; or (c) to carry out the provisions of this Act.
Public servants 124. All officers appointed or authorized under this Act shall be deemed to be public servants within the meaning of the Penal Code.
Penalties am 125. If there is no penalty expressly provided for an offence under this Act, a person who committed such offence shall on conviction liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Start and conduct of prosecution 126. (1) a prosecution in respect of an offence under this Act shall not be instituted except by or with the written consent of the public prosecutor.
(2) a person who becomes an officer investigating an offence under this Act may not be running the prosecution case in respect of the offence although he has authorized under the criminal procedure code to prosecute.
128 the laws of Malaysia Act 611 127 document Delivery. (1) service of a document on any person shall be executed with — (a) submit the document to that person or by submitting the document at the place of his residence last known to a member of his family who are adults;
(b) leaving the document at the place of residence or business of such person or the last known address in the envelope addressed to the person; or (c) sending it by registered post in a prepaid letter addressed to that person at the place of residence or business of such person or the last known.
(2) where a document is served by registered post prepaid then the document shall be deemed to have been served on the day following the day the document should have been received in the ordinary course of post. Power to make regulations 128. (1) the Minister may make such regulations at his judgment necessary or expedient for carrying out the provisions of this Act.
(2) without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes: (a) to prescribe the conduct, management, discipline and control schools approved, Henry Gurney schools, dormitories of probation or centres;
(b) to provide regarding the maintenance, discipline, and education, vocational or otherwise, children or other persons who are detained in approved schools or Sekolah-Sekolah Henry Gurney includes — (i) the powers, duties and functions of the Board of Visitors;
129 children (ii) granting leave to children and others who were detained;
(iii) visits to, and inspection, the schools by persons or groups of persons appointed by the Minister from time to time for any area; and (iv) orders or punishment because of children or other persons who are detained in breach of discipline (c) to prescribe the duties and responsibilities of probation officers;
(d) to set the membership and duties of the Child Welfare Committee;
(e) to prescribe the qualifications, duties and training advisers;
(f) to provide for the care, control, discipline, retention, release and entry aftercare, temporary absences, maintenance, education and training for children who are placed in secure places and places of refuge;
(g) to regulate the management about, administration, visits and inspection of places of secure and places of refuge;
(h) to provide for — (i) the preservation, maintenance and education of children placed in the care, custody or control of any person fit and proper person under the provisions of this Act; and (ii) duty of person fit and proper that in safeguarding the child;
(i) to set the selection and qualification of person fit and proper person whom a child in need of care and protection may be placed;
(j) to require the person in charge of the safe places and places of refuge submit to the Director-General's statements, 130 laws of Malaysia Act 611 reports and information relating to children who are placed in secure places and places the protection;
(k) to prescribe the duties and responsibilities of mother and father pets;
(l) to set the membership, duties, functions and procedure carries on the business of the Board of Visitors;
(m) to establish a procedure and practices Team protection of children;
(n) to set the details, photographs or other means of identification shall be given in respect of a child who needs protection;
(o) to require the provision of information on change of address every child who needs protection and the person who has custody of the child, and transfer records and registers in such cases;

(p) to prescribe the records which are required to be kept in respect of every child who needs protection and records shall be kept;
(q) to set the storage and maintenance of registers;
(r) to prescribe forms required to be used and the information required to be given for any of the purposes of this Act;
(s) to prescribe the form of notice, orders, warrants, summons and bonds under this Act and the manner of service of notices, orders, warrants, summons and such bond;
(t) to set the functions, powers and duties of officers and authorized person under this Act and the manner and conditions in accordance therewith and under the powers conferred by this Act shall be conducted by the officer or the person;
(u) to prescribe any other matter required or permitted to be prescribed under this Act; and children 131 (v) to provide for any other matter it considers expedient or necessary by the Minister for the purposes of this Act.
(3) regulations made under subsection (1) may provide that a violation of any provision in the regulations is an offence and that the person who committed such offence is punishable on conviction by fine or imprisonment or both of each but cannot make provisions so that the fine for more than five thousand dollars or imprisonment for more than two years.
Section XV Of The SAVINGS And TRANSITIONAL PROVISIONS Interpretation 129. In this part — "acts repealed" means the Juvenile Courts Act 1947 [Act 90], the Women and girls Protection Act 1973 [Act 106] and the Child Protection Act 1991 [Act 468] which repealed under this Act;
"Juvenile Court" means the juvenile courts established under the Juvenile Courts Act 1947;
"due date" means the date this Act comes into force.
The abolishment of 130. Juvenile Courts Act 1947, the Women and girls Protection Act 1973 and the Child Protection Act 1991 repealed.
A reference to juvenile courts, etc.
131. (1) all reference to juvenile courts in any written law, or in any judgment, sentence, orders, instructions or decisions made under the repealed Act and that exists immediately before the appointed date shall, on the appointed date, 132 laws of Malaysia Act 611 interpreted as a reference to the Court for children established under this Act.
(2) a judgment, sentence, order, direction or decision of the juvenile courts, the Court Monitor, the High Court, sessions court or Magistrate under the repealed Act shall on the appointed date be deemed to have been made under this Act and continue to be in force and have effect.
(3) any investigation, trial or proceeding made or instituted, taken in or before the courts referred to in subsection (2) before a specified date as far as the investigation, trial or proceeding in respect of a person under the age of eighteen years shall be deemed to have been made, taken or initiated in or before a court for children, the Court Monitor, High Court , A sessions court or Magistrate under this Act and may be connected and terminated properly on and after a specified date.
(4) any investigation, trial or proceeding done, taken or initiated under the women and Girls Protection Act 1973 before a specified date and is pending shall, as far as the investigation, trial or proceeding in respect of a person who is aged eighteen years and above and any offence under the same Act, connected and terminated under the Act the same and for this purpose it shall be calculated as if the Act were not repealed.
The sustainability Council, etc.
132. (1) the Council of Coordinators for the protection of children, the teams of Child Protection, Juvenile Welfare Committees, boards and committees set up, and officers and persons appointed under the repealed Act shall, on the appointed date, be deemed to have been established or appointed under this Act and shall have the powers, rights, privileges, liabilities, duties and obligations given to the Council teams protection of children , Child Welfare Committees 133 children, Board-Board of visitors and the committees established under this Act.
(2) the members of the Council, teams, committees, Board and Committee established under the repealed Act and any officer and the person appointed under the repealed acts in Office on the day before the appointed date shall continue to hold office under this Act until the expiry of their appointments or they resign or their appointment revoked by this Act and shall have the power , rights, privileges, liabilities, duties and obligations are the same as if they had been appointed under this Act.
(3) every act or thing done, taken or initiated by the Council members, team, Committee, Board, Committee of officers and the person referred to in subsection (1) and (2), and by the Board of Judges Solo, under the repealed acts before a specified date shall, on and after the appointed date, be deemed to have been made, taken or initiated under this Act.
Continuation rules, etc.
133. all rules, regulations, orders, notices, forms, instructions and a letter of authorisation is made, issued or granted under the repealed Act shall, so far as rules, regulations, orders, notices, forms, instructions and the letter in accordance with this Act, continue in force until cancelled or replaced by this Act.
Institutions established or prescribed 134. All approved school, Sekolah Henry Gurney, home detention, probation hostel, a secure place, a shelter or other centres and institutions established or prescribed under the repealed Act shall on the appointed date be deemed to have been established or imposed under this Act.
134 the laws of Malaysia Act 611 Prevention 135 anomalies. (1) the Minister may, when in his judgment necessary or expedient to do so, whether for the purpose of removing difficulties or prevent anomalies arising from the manufacture of this Act, by order published in the Gazette make any modification to any of the provisions of this act as he may deem fit but the Minister cannot exercise the powers conferred by this section after the expiration of two years from the date specified.
(2) in this section "modification" includes amendment, addition, deletion, replacement, adaptation, variation, alteration and disapplication of any of the provisions of this Act.
Children 135 first schedule [paragraphs 15 (1) (c) and 17 (1) (i)] offences under section 299 to 301 to 304, 304A, 309a, 305 to 312 to 319, 321 to 322, 324, 326 to 340, 345 to 351, 353 to 358, 360 to 362, 364 to 373a, 375, 374 to 377, 377a, 377e to 377c of the Penal Code.
Second Schedule [section 45] 1. Offences punishable under part VI of this Act.
2. Offences — (a) punishable under section 309, 312 to 313, 354, 370 to 373, 373a, 376 to 377 of the Penal Code; or (b) involving any act or matter defined in section 321 to 322, 340, 339 to 350 to 360 to 351, 362 of the Penal Code.
136 the laws of Malaysia Act 611 laws of MALAYSIA Act 611 Child Act 2001 LIST AMENDMENT law short title force amend from P.U. (A) 7/2003 Order child 01-08-2002 (Modification) order 2003 children 137 laws of MALAYSIA Act 611 Child Act 2001 LIST SECTION AMENDED Section Power amend with effect from 30 P.U. (A) 7/2003 01-08-2002

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