Malaysian Maritime Enforcement Agency Act 2004

Original Language Title: Malaysian Maritime Enforcement Agency Act 2004

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Laws of Malaysia Act 633 Reprinting Malaysian maritime enforcement agency Act 2004 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 633 Malaysian maritime enforcement agency Act 2004 date of Assent......... 004 June 5, the date of publication in the Gazette of ... ... more July 1, 004 Malaysian maritime enforcement agency laws of Malaysia Act 633 Malaysian maritime enforcement agency Act 2004 arrangement of sections part i preliminary section 1. short title and commencement. interpretation part ii the establishment of agencies and appointment. The establishment of the Malaysian maritime enforcement agency 4. The appointment of the Director General of the Agency 5. Appointment of officers from other agencies part iii functions and powers of the Agency 6. The functions of the agencies 7. power agency part iV General 8. Prosecution 4 laws of Malaysia Act 633 9. investigation status report 10. Protection Agency officer 11. Identification 1. carry weapons 1. Pembolosan 14. Mutiny of 15. The penalty for causing ketidaksetiaan 16. Coordination of 17. current power emergency, special crisis or war 18. Fixed orders 19. Regulations section of the Malaysian maritime enforcement agency 5 laws of Malaysia Act 633 Malaysian maritime enforcement agency Act 2004 an act to establish the Malaysian maritime enforcement agency to perform enforcement functions to ensure the well-being and security of the Malaysian Maritime Zone with the aim to protect the interests of the nation's maritime and other interests in the zone and for things that need to or connected therewith.
[February 15, 2005, P.U. (B) 67/2005] enacted by the Parliament of malaysia as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian maritime enforcement agency Act 004.
() this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the commencement of different provisions in this Act in different parts in the country.
interpretation 2. In this Act, unless the context otherwise requires — "agency" means the Malaysian maritime enforcement agency established under section;
6 laws of Malaysia Act 633 "agencies" means the body or agency that currently in malaysia for the enforcement of any federal law applicable in the Malaysian Maritime Zone;
"offence" means any offence under any federal law applicable in the Malaysian Maritime Zone;
"Director General" means the Director General of Malaysian maritime enforcement appointed under subsection 4 (1);
"marine region" means the territorial waters of malaysia as determined in accordance with the Ordinance No. 7 (the powers necessary) Emergency, 1969 [P.U. (A) 307a/1969];
"Minister" means the Minister charged with the responsibility for the Malaysian maritime enforcement;
"officer of the Agency" includes the Director General and any officer appointed under subsection 5 (1);
"continental shelf" means malaysia's continental shelf as defined under section of the Continental Shelf Act 1966 [Act 83];
"inland waters" means any marine area located next to the inland part of it the width of the baseline that malaysia measured marine region;
"Malaysian fisheries waters" means the waters of fisheries as defined under section of the Fisheries Act 1985 [Act 317];
"the exclusive economic zone" means the exclusive economic zone of malaysia as determined according to the exclusive economic Zone Act 1984 [Act 311];
"The Malaysian Maritime Zone" means the waters of the inland sea, the territory, continental shelf, exclusive economic zone and the Malaysian fisheries waters and airspace above the zone.
Malaysian maritime enforcement agency 7 part ii establishment of the Agency And the appointment of the establishment of the Malaysian maritime enforcement agency 3. (1) for the purposes of this Act, the Malaysian maritime enforcement agency was established.
() the Agency shall, subject to this Act, used his services in the Malaysian Maritime Zone to safeguard law and order, keeping the peace, well-being and security, prevent and detect crime, arrest and prosecute culprits and collect security intelligence.
the appointment of the Director General of the Agency 4. (1) the yang di-Pertuan agong shall, on the advice of the Prime Minister, appoint a Director General of Malaysian maritime enforcement, who shall lead the Agency, from among members of the public service for such period and upon such terms and conditions as may be specified in the instrument of appointment.
() the term of appointment of the Director-General shall not be later than the date of retirement wajibnya of the public service, but if he reached the compulsory retirement age that he could be reappointed as Director-General by the yang di-Pertuan agong on the advice of the Prime Minister, on a contract basis for such period and upon such terms and conditions as may be specified in the instrument of appointment.
() the Director General shall, during the period of their appointment as specified in the instrument of appointment, hold office in accordance with the assent of the yang di-Pertuan agong, subject to the advice of the Prime Minister.
(4) the Director General shall, during the period of his post as Director-General, be deemed to be members of the Federal public service for the purposes of general discipline.
8 laws of Malaysia Act 633 (5) the Director General shall be responsible for the direction, command, control and supervision of all matters relating to the Agency.
(6) the Director General shall, before starting to carry out the duties and responsibilities of his Office, make, in front of the yang di-Pertuan agong in a way that diakuinya as the most binding sense of conscience, a declaration as prescribed by the Minister by regulations made under section 19.
(7) there shall be issued to the Director General a certificate of appointment in the form of authorisation cards as evidence of his appointment.
appointment of officers from other agencies 5. (1) there shall be appointed such number of Agency officers as may be necessary, which shall be determined by the meteoric Yang di-Pertuan agong by order, for the purpose of carrying out the provisions of this Act.
() the yang di-Pertuan agong may, in an order made under subsection (1), determined that the rank of the officer so appointed shall be calculated as the equivalent of the rank of — (a) the police officer as specified in or under the Police Act 1967 [Act 344]; (b) Customs officers as specified in or under the Customs Act 1967 [Act 235]; and (c) any other officer meteoric stated in or under any other written law, and criminal procedure code [Act 593] and the law specified in subsection 7 () shall be construed accordingly.
() An officer appointed under subsection (1) shall have such powers as may be provided for the officer under this Act and shall be subject to the direction, command, control and supervision of the Director General or any other officer of the Agency's meteoric higher than the officer, and shall exercise its powers, its functions and meet their obligations with the Malaysian maritime enforcement agency 9 comply with any instructions or indications stated orally or in writing by the Director General or any other officer of the Agency more the officer of the meteoric high.
(4) a certificate of appointment in the form of authorisation cards shall be issued to every officer agency appointed under subsection (1), and the card must be signed by the Director General and shall be prima facie evidence of the appointment of the officer under this Act.
Part iii functions and powers of the Agency the Agency Functions 6. (1) the functions of the Agency are: (a) enforce the law and order under any federal law;
(b) carrying out search and rescue services;
(c) prevent and suppress the Commission of the offence;
(d) providing assistance in such criminal matters at the request of a foreign country as provided under the mutual assistance in criminal matters 00 [Act 621];
(e) carry out surveillance and beach;
(f) provide the platform and support to any of the relevant agencies;
(g) establish and manage maritime training institution for officers of the Agency; and (h) generally perform any other obligations in order to ensure the well-being and safety of maritime or do all things incidental thereto.
() subject to the provisions of this Act, the functions of the Agency shall be carried out in the Malaysian Maritime Zone.
10 laws of Malaysia Act 633 () Notwithstanding subsection (), the Agency shall be liable — (a) for the implementation of the task search and rescue services;
(b) for the control and prevention of maritime pollution;
(c) for the prevention and restriction of piracy; and (d) for the prevention and restriction of the distribution of illegal drugs narcotics, in the ocean ago.
Agency power 7. (1) the Agency shall have the authority to carry out the purposes referred to in subsection () and to do all things reasonably necessary for or incidental to the performance of its functions under section 6.

() In particular, but without prejudice to the generality of subsection (1), the Agency shall have power — (a) to receive and consider any complaints about the Commission of an offence;
(b) to discontinue, enter, catch, examine and search any place, structure, vessel or aircraft and to detain any vessel or aircraft;
(c) to demand the production of any licence, permit, certificate, record or any other document and to check the licence, permit, certificate, record or other document or make copies of or take extracts from the licence, permit, certificate, record or other document that;
(d) to investigate any offence that the Agency has reason to believe is being done or nearly done or has been done;
(e) to use the right Chase buru;
(f) to examine and seize any fish, articles, devices, goods, vessel, aircraft or any thing Malaysian maritime enforcement agency 11 others related to it any offence has been committed or agency has reason to believe has been done;
(g) to dispose of any fish, articles, devices, goods, vessel, aircraft or any other thing related to it any offence has been committed or agency has reason to believe has been done;
(h) to arrest any person that the Agency has reason to believe have committed an offence; and (i) to get rid of any vessel which agency has reason to believe will harm the interests or harm peace and well-being in the Malaysian Maritime Zone.
() without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purposes of this Act, all the powers which can be used by any agency under any federal law applicable in the Malaysian Maritime Zone.
(4) Notwithstanding subsection (), no vessel can be terminated, boarded cars, searched, examined or detained within the territorial sea if the vessel path in the sea territories is sincere path.
(5) for the purposes of subsection (4) the passage of a vessel is a sincere path if and as long as the vessels path harmless peace, good order or security of malaysia.
(6) Notwithstanding any written law, for the purposes of subsection (5), the following activities shall be deemed to be prejudicial to the peace, good order and safety of the United Kingdom: (a) any threat or use of force against the sovereignty, territorial integrity or political independence of malaysia or any act that in any way is a violation of the principles of international law;
1 laws of Malaysia Act 633 (b) any use of or training with weapons of any kind;
(c) any act intended to collect information prejudicial to defence or security of malaysia;
(d) any act of propaganda which means affect peace, security or defence of malaysia;
(e) the launching, landing or taking up any aircraft;
(f) launching, landing or taking up any military equipment;
(g) loading or loading of any commodity, currency or person contrary to the law of the customs, fiscal, immigration or health;
(h) any act of pollution; (i) any fishing activities; (j) conduct of research or survey activities without permission; (k) any act intended to interfere with any communication system or any other facilities or installations of malaysia; and (l) any other activity that has nothing to do directly with the password.
Part iV general prosecution 8. Notwithstanding any other written law, if a person is arrested under this Act, no prosecution can be instituted against such person except by or with the written consent of the public prosecutor.
investigation status report 9. (1) any person who has provided information to agencies under any federal law can Malaysian maritime enforcement agency 1 ask a report about the status of the investigation of the offence complained of in its information from the Agency.
() the Agency shall give status reports in respect of the investigation of the offence to the informer not later than two weeks from the receipt of the request made under subsection (1).
() Notwithstanding subsection (), the Agency is not required to give a status report on the investigation of an offence — (a) unless the offence complained of is an offence can capture;
(b) unless the period of four weeks has expired from the date of the giving of such information; and (c) containing any matter which is likely to be harmful to the investigation of the offence or prosecution of the offence.
(4) If a request has been made under subsection (1) and the Agency failed to provide whistleblower status report within the period specified in subsection (), but subject to subsection (), the informant can make a report to the prosecutor about the failure.
(5) upon receipt of a report under subsection (4), the public prosecutor shall direct the Agency so give him a detailed status report on the investigation was carried out by the Agency in respect of the offence in the information provided by the whistleblower.
(6) the public prosecutor shall cause to be given to the informer, or directing agencies to provide whistleblower, a status report containing such information as directed by the Prosecutor.
(7) any officer agencies that do not comply with the instructions of the public prosecutor under this section commits an offence and shall on conviction be imprisonment for a term not exceeding one month or a fine not exceeding one thousand ringgit or both.
14 laws of Malaysia Act 633 protection agency officer 10. no action can be brought against any officers of the Agency in respect of anything done or left than done by him in good faith in performing or purporting to perform the functions, powers and duties under this Act.
identification 11. every current agency officer acting under this Act shall, upon request, to declare his Office and submit to the person against whom the officer or the officer from whom the request whatever information the card issued to the officer under this Act.
Bring guns 12. An officer of the Agency can in furtherance of its duties to bring weapons.
pembolosan 13. (1) any officer of the agency without reasonable cause, the burden of pembuktiannya is on it, not presenting himself for a period of twenty-one days continued to carry out its duties or in circumstances indicating that he intended not to back its duties shall be deemed to have been membolos, and commits an offence and shall on conviction be imprisonment for a term not exceeding twelve months.
() if the person has been convicted under this section, the authority may direct that all its arrears of salary payable to the person dilucuthakkan.
mutiny of 14. any officer agencies cause, incite, or participated in any mutiny or ketidaksetiaan of agencies or plotting with any other person to Malaysian maritime enforcement agency 15 cause mutiny or the ketidaksetiaan, or not working hard becomes severely disabled again for suppressing any mutiny or ketidaksetiaan or, after knowing about any mutiny or ketidaksetiaan or mutiny or suggested, not ketidaksetiaan , without delay, provide information about the mutiny or the ketidaksetiaan to the Agency officer is an officer by his seniors, commits an offence and shall on conviction be imprisonment for a term not exceeding five years.
the penalty for causing ketidaksetiaan 15. (1) any person causing or attempting to cause or commits any act calculated will cause ketidaksetiaan among agency officials, or induce or attempt to induce any such officer so as not to provide its services or to do the disciplinary violation, commits an offence and shall on conviction be imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or both.
() any agency officer can arrest without warrant any person who is reasonably suspected to have committed an offence under this section.
coordination of 16. agencies and relevant agencies shall make adjustments, consult and liaise closely with each other and provide assistance to each other to carry out the provisions of this Act.
current power emergency, special crisis or war 17. (1) Notwithstanding any provision of this Act or any other federal law, agency, or any part of the Agency as determined by the Minister, shall be under the command and control of the General armed forces during any period of emergency, crisis or war.
16 laws of Malaysia Act 633 () if any doubt arises as to whether a State of emergency, crisis or war occurred, a proclamation signed by the yang di-Pertuan agong and display in any place that the Minister may think fit shall be conclusive evidence of that fact.
regular orders

18. the Director General may issue administrative orders called "standing orders", which in accordance with the provisions of this Act, about the General control, training, duties and responsibilities of officers of the Agency, and for such other matters as are necessary or expedient for the better administration of agencies or to prevent abuse of power or neglect of duty, and in General to ensure that the Agency is functioning efficiently and effectively.
regulations 19. the Minister may make such regulations as are necessary or expedient to give effect to or for carrying out the provisions of this Act.
Malaysian maritime enforcement agency 17 laws of Malaysia Act 633 Malaysian maritime enforcement agency Act 2004 List Amendment law short title force amend from – No – 18 laws of Malaysia Act 633 laws of Malaysia Act 633 Malaysian maritime enforcement agency Act 2004 amended Section List Section power amend with effect from – there are –