National Anti-Drugs Agency Act 2004

Original Language Title: National Anti-Drugs Agency Act 2004

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Laws of Malaysia Act Reprinting 638 national anti-drug 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 638 of the Act the national anti-drugs agency 2004 date of Assent............ 4 December 004 date of publication in the Gazette of ... ... more 30 January 004 the national anti-drugs agency 3 laws of Malaysia Act 638 of the Act the national anti-drugs agency 2004 arrangement of sections part i preliminary section 1. short title and commencement. interpretation part ii establishment of the Agency And the appointment of 3. The establishment of the national anti-drug 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. the report on the status of the investigation 9. Agency officials report 10. Officer be deemed to be always on duty 11. Identification of 4 laws of Malaysia Act 638 section 1. Fixed orders 13. Regulations Schedule the national anti-drugs agency 5 laws of Malaysia Act 638 * 2004 national anti-drug agency Act an act to establish the national anti-drugs agency to vest power in the Agency's officers to perform the functions of prevention, treatment, rehabilitation, enforcement, investigation, special preventive measures, forfeiture of property and the administration of offences under the dangerous drugs Act 195 [Act 234] Drug Addicts Act (treatment and rehabilitation) 1983 [Act 283] Act, dangerous drugs (Special preventive measures) 1985 [Act 316], the dangerous drugs Act (forfeiture of property) 1988 [Act 340] and for things that need to or connected therewith.
[] enacted by the Parliament of malaysia as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the national anti-drugs 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.
interpretation 2. In this Act, unless the context otherwise requires — "agency" means the national anti-drugs agency established under section 3;
* NOTE — this Act is not yet in force.
6 laws of Malaysia Act 638 "Director General" means the Director General of the agency appointed under subsection 4 (1);
"Minister" means the Minister charged with the responsibility for Homeland Security;
"officer of the Agency" includes the Director General and any officer appointed under section 5.
Part ii establishment of the Agency And the appointment of the establishment of the national anti-drug agency 3. (1) for the purposes of this Act, the national anti-drugs agency is established.
() the Agency shall, subject to this Act, used his services for the prevention, detection, arrest, enforcement, investigation and prosecution of culprits involving dangerous drugs offences, treatment and rehabilitation of drug addicts, special preventive detention of people who have to do with any activity relating to or involving the distribution of dangerous drugs, forfeiture of property associated with any activities related to dangerous drugs offences and security intelligence gathering relating to dangerous drugs activities.
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 national anti-drug agency Director-General, 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 national anti-drugs agency 7 Prime Minister, on a contract basis for a period and on such terms and conditions as may be specified in the instrument of appointment.
(3) the Director General shall, during the period of their appointment as specified in the instrument of appointment, hold office's 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.
(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 13.
(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 officer to hold the post of Deputy Director General, Director, Chief Assistant Director, Assistant Director, Investigator, Senior Assistant, Assistant and any number of other agency officials as may be necessary for the purpose of carrying out the provisions of this Act.
() An officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the direction, command, control and supervision of the Director General or any other officer higher agency meteoric, and shall exercise its powers, its functions and meet their obligations in compliance with any direction or 8 laws of Malaysia Act 638 indicators stated orally or in writing by the Director General or any other officer of the Agency's meteoric higher from it.
(3) 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 his appointment under this Act.
Part iii functions and powers of the Agency the Agency Functions 6. The function of the Agency is — (a) give effect, carry out and give effect to the provisions of the dangerous drugs Act 195 except section 4, 5, 7, 9 paragraph (1) (a), section 11, subsection 1 (1) and sections 16 and 17;
(b) enforce, exercise, perform and perform the powers, duties and functions under the Act drug addicts (treatment and rehabilitation) 1983;
(c) enforce, exercise, perform and perform the powers, duties and functions under the dangerous drugs (Special preventive measures) 1985;
(d) effecting, administering, carry out and give effect to the provisions of the dangerous drugs Act (forfeiture of property) 1988;
(e) to prevent and suppress illegal trafficking and abuse of dangerous drugs;
(f) providing assistance in any matter is the abuse of dangerous drugs at the request of a foreign country as provided under the mutual assistance in criminal matters 00 [Act 621];
(g) educate the public to oppose the abuse of dangerous drugs;
The national anti-drugs agency 9 (h) obtain and maintain the support of the public in combating the abuse of dangerous drugs;
(i) advise the Minister on policy relating to the prevention of the abuse of dangerous drugs, drug addicts treatment and rehabilitation, special preventive measures against people connected with the distribution of dangerous drugs and forfeiture of assets associated with the offence of dangerous drugs; and (j) generally perform any other obligations for combating abuse of dangerous drugs or do all things incidental thereto.
Agency power 7. (1) the Agency shall have the authority to carry out the purposes referred to in subsection 3 () and to do all things reasonably necessary for or incidental to the performance of its functions under section 6.
() without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purposes of this Act, all the powers and immunities of a police officer as provided under the dangerous drugs Act 195, Act drug addicts (treatment and rehabilitation) Act 1983, dangerous drugs (Special preventive measures) Act 1985 and the dangerous drugs (forfeiture of property) 1988.
(3) without prejudice to the generality of subsection () — (a) a Deputy Director General, Director, Principal Assistant Director and Assistant Director of the Agency shall have all the powers of a police officer below the rank of Assistant Superintendent of police or higher;
(b) an Investigating Agency shall have all the powers of a police officer below the rank of Inspector;
(c) a Senior Assistant agencies shall have all the powers of a police officer holds the rank of Sub-inspector;
10 laws of Malaysia Act 638 (d) an Assistant Agency shall have all the powers of a police officer below the rank of Sergeant; and (e) an agency officer rank lower than the rank of Assistant Officers shall have all the powers of a police officer holds the rank of corporal or lower.
Part iV General

the report on the status of investigation 8. (1) any person who has provided information to agencies under the dangerous drug Act Drug Addicts Act 195 (treatment and rehabilitation) Act 1983, dangerous drugs (Special preventive measures) Act 1985 or the dangerous drugs (forfeiture of property) 1988 may request a report on the status of the investigation of the offence complained of in its information from the Agency.
() the Agency shall give status reports about the investigation of the offence to the informer not later than two weeks from the receipt of the request made under subsection (1).
(3) Notwithstanding subsection (), the Agency is not required to give a status report on the investigation of an offence — (a) unless the period of four weeks has expired from the date of the giving of such information; and (b) 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 has failed to provide a status report to the informant within the period specified in subsection (), but subject to subsection (3), the informant can make a report to the prosecutor about the failure.
The national anti-drugs agency 11 (5) on receiving the 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 informant.
(6) the public prosecutor shall cause to be given to the informant, or directing agencies so as to give the informant, 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, on conviction, be imprisoned for a term not exceeding one month or a fine not exceeding one thousand ringgit or both.
Agency officers report 9. (1) every investigation under the dangerous drugs Act 195, Drug Addicts Act (treatment and rehabilitation) Act 1983, dangerous drugs (Special preventive measures) Act 1985 or the dangerous drugs (forfeiture of property) 1988 shall be settled without unnecessary delay, and officials of the agency making the investigation shall, unless the offence of the type that has been directed by the Prosecutor need not be reported to him , submit to the Prosecutor a report of his investigation together with the paper the investigation in respect of the investigation within one week of the expiration of a period of three months from the date the information was provided.
() Notwithstanding subsection (1), the public prosecutor may at any time, regardless of that period of three months referred to in subsection (1) has not expired, ordered officers of the agency making the investigation to the public prosecutor to produce a report in accordance with the form in the schedule and paper investigation in connection with the investigation.
(3) an officer of the Agency who fails to submit a report and paper of investigation under this section commits an 1 laws of Malaysia Act 638 of the offence, and on conviction, be imprisoned for a term which may extend to one month or a fine which may extend to one thousand dollars, or both.
Officer be deemed to be always on duty 10. every officer of the Agency shall, for the purposes of this Act, be deemed to be always on duty when required to perform the duties or functions and may perform duties and exercise of the powers conferred upon it under this Act or under any other written law in any place within or outside malaysia.
Identification 11. every officer of the Agency when acting under this Act shall, upon request, to declare his Office and submit to the person against whom the officer acts or from whom the officer asks for any information the card issued to the officer under this Act.
Fixed orders 12. 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 13. the Minister may make such regulations as are necessary or expedient to give effect to or for carrying out the provisions of this Act.
National Anti-drug agency Schedule 13 [Section 9] Agency Officers report to the public prosecutor.
1. At 8 p.m. at day 0, I have received information through from that an has been going on and that people have been involved or suspected of engaging in it, and that the total amount of property involved in the report is rm.
. After that I continue to take action as detailed in the accompanying investigation diary.
3. I have ensured the following facts.
4. I have examined the witnesses following that statement they are included in this report: the people marked "b" shall be bound by bond to appear in court.
5. The following documents are included in this report in addition to the statements of witnesses: Diary Investigation No. 6. I am of the view that the offence of ditampakkan and that the following person involved in it.
7. I have reason to believe that the following person, other than the accused person not yet arrested, can clarify this case but I have not been able to examine them for the reasons described here: 8. the items below were acquired or recovered and will be used as exhibits on display.
Signature of 14 laws of Malaysia Act 638 laws of Malaysia Act 638 of the Act the national anti-drugs agency 2004 List Amendment law short title force amend from – no – the national anti-drugs agency 15 laws of Malaysia Act 638 of the Act the national anti-drugs agency 2004 List Section amended Section power amend with effect from – there are –