Anti-Trafficking In Persons Act 2007

Original Language Title: Anti-Trafficking in Persons Act 2007

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1Antipemerdagangan people and Antipenyeludupan Migrant laws of malaysia Act 670 reprint antipemerdagangan people and antipenyeludupan Act migrant 2007 As at 1 November 2014 issued by the Commissioner of law revision of malaysia under the authority of law revision Act 1968 2014 2 laws of Malaysia Act antipemerdagangan Act 670 people and antipenyeludupan the meccan 2007 date of assent............ July 18, 2007 date of publication in the Gazette of ... ... more July 26, 2007 last amended through Act a1385 which commence on......... 15 november 2010 3Antipemerdagangan people and Antipenyeludupan Migrant laws of malaysia Act antipemerdagangan Act 670 people and antipenyeludupan the meccan 2007 arrangement of sections part i preliminary section 1. short title and commencement 2. interpretation 3. scope of application 4. the expansion of the Act to the extra-territorial offences 5. applicable laws part ii the Council for antipemerdagangan people and antipenyeludupan migrant workers 6. Council for antipemerdagangan people and antipenyeludupan migrant workers 7. Functions and powers of the Council 8. power of Minister to give directions 9. meetings of the Council 10. the establishment of the Committee 11. the Council's Secretary and other officer part iii offence trafficking people, immunity, etc.
12. offence of trafficking people 13. the offence of trafficking of persons by means of threats, violence, etc.
4 laws of Malaysia Act 670 section 14. the offence of trafficking 15 children. offence of making a profit from the exploitation of those who traded 15a. offences in relation to the trafficking of people in transit 16. out of those who traded irrelevant 17. past sexual conduct irrelevant 17a. the movement or transport people traded irrelevant 18. travel documents or identification fraud 19. recruit person 20. provide facilities to help slow people 21. provides services for the purpose of trafficking persons 22. protect people 23. obligations of the owner, the operator or master carrier 24. accidental omission to give information 25. immunity from criminal prosecution 26. the whistleblower protection Part iiia 26a migrant smuggling. the offence of migrant smuggling 26B. the offence of migrant smuggling heavier 26c. offences in relation to migrant workers who were smuggled in transit 26d. the offence of profit from the offence of migrant smuggling 26e. travel documents or identification fraud 26f. provides facilities to assist migrant smuggling 26g. provides services for the purpose of smuggling migrant 26h. hide or protect migrant workers who were smuggled migrant smugglers and 26i. support migrant smuggling offences 26j. transporting migrant workers who were smuggled offence 26k. obligations of the owner, etc., the carrier 5Antipemerdagangan people and Antipenyeludupan the Meccan part iV enforcement section 27. 28 enforcement officers. power of investigation 29. power to arrest 30. Search and seizure warrants with 31. Search and seizure without a warrant 32. access to computerized data 33. list of things seized 34. the authority to examine 35 people. admissibility of statement 36. forfeiture of the carrier, the movable property, etc.
37. the cost of holding the carrier, movable property, etc., seized 38. There are no costs or damages arising from the entry, search or seizure can be retrieved 39. hurdle 40. provision of information 41. an initial prosecution part V the care and protection of people who traded 41a. disapplication of 42. refuge 43. appointment of guardians 44. taking people into temporary custody 45. people in temporary custody that require examination or medical treatment 46. medical examination and treatment 47. permission to hospitalized 48. control over person hospitalized 49. steps to be taken after the examination or medical treatment 50. There is no liability incurred for providing the truth 6 laws of Malaysia Act 670 section 51. investigation, inquiry and order of protection 52. recording evidence of people traded 53. application by the parent, guardian or relative 54. the release of the man who traded 55. people traded fled or migrated from a shelter 56. error moving or help people traded escape from a shelter 57. Minister's power to transfer people traded from one refuge to another refuge part Vi miscellaneous 58. restrictions on reporting and broadcasting media 59. evidence of agent provocateur is admissible 60. admissibility of evidence dokumentar 61. acceptability of the translation document 61a. acceptability of depositions of people traded or migrant workers who were smuggled the undetectable 62. indemnity is 63. General penalty 64. offences by body corporate 65. offence by employee or agent 66. regulations 67. Prevention of anomalies 7Antipemerdagangan people and Antipenyeludupan the Meccan * RECORDS — formerly referred to as antipemerdagangan Act 2007. short title changed by section 3 of the Act antipemerdagangan persons (Amendment) order 2010 [Act A1385] come into force on 15 november 2010 – see p.u. (b) 500/2010.
** The ENTRIES — all reference to antipemerdagangan Act 2007 and Council antipemerdagangan person in any written law or document shall, when this Act comes into force, respectively interpreted as a reference to the Act antipemerdagangan people and antipenyeludupan the meccan 2007 and Council antipemerdagangan people and antipenyeludupan migrant workers. — see section 26 of the Act antipemerdagangan persons (Amendment) order 2010 [Act A1385] come into force on 15 november 2010 – see p.u. (b) 500/2010.
laws of malaysia Act 670 * Act antipemerdagangan people and antipenyeludupan the meccan 2007 an act to prevent and combat trafficking and migrant smuggling and to provide on matters relating thereto.
[Part 1, II, sections 66 and 67 – October 1, 2007, [P.U. (B) 339/2007;
Parts III, IV, V and VI – February 28, 2008, P.U. (B) 86/2008] enacted by the Parliament of malaysia as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the * Act * antipemerdagangan people and antipenyeludupan migrant workers in 2007.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for start the currency of different provisions of this Act.
8 laws of Malaysia Act 670 interpretation 2. in this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"prescribed" means prescribed by the Minister by regulations;
"travel document or identity fraud" means a travel document or identity that — (a) has been made, or varied in material form, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country;
(b) has been issued or obtained through misrepresentation, corruption or dures or in any other way illegal; or (c) is being used improperly by a person other than the holder of a valid;
"exploitation" includes all forms of sexual exploitation, forced work or services, slavery or practices similar to slavery, a commitment, any activities that are unlawful or human organ transplant;
"child" means a person under the age of eighteen years;
"Court" means the court sessions;
"Council" means the * Council for antipemerdagangan people and antipenyeludupan migrant workers established under section 6;
* NOTE — all reference to antipemerdagangan Act 2007 and Council antipemerdagangan person in any written law or document shall, when this Act comes into force, respectively interpreted as a reference to the Act antipemerdagangan people and antipenyeludupan the meccan 2007 and Council antipemerdagangan people and antipenyeludupan migrant workers. — see section 26 of the Act antipemerdagangan persons (Amendment) order 2010 [Act A1385] come into force on 15 november 2010 – see p.u. (b) 500/2010.
9Antipemerdagangan people and Antipenyeludupan migrant workers "Minister" means the Minister charged with the responsibility for Homeland Security;
"migrant workers who were smuggled" means a person being the object of the Act of smuggling migrant workers, irrespective of whether that person participate in the acts of the migrant smuggling;
"recipient country" means a country that is into it people traded or migrant workers who were smuggled were brought as part of the Act of trafficking or smuggling migrant workers, as the case may be;
"country of transit" means a country which thereof, or into or through it, people traded or migrant workers who were smuggled, as the case may be, carried or traveling via land, sea or air or live temporarily in it as part of the Act of trafficking persons or migrant smuggling;
"the person who traded" means any person who becomes a victim of human trafficking Act object or person;
"compulsion" means — (a) heavy injury or threat to physical restraint against any person;

(b) any scheme, plan, or pattern intended to cause a person to believe that the failure to perform an act would result in heavy injuries to or physical restrictions against any person; or (c) the misuse or threat of misuse of the legal process;
"officers of the Malaysian maritime enforcement agency" has the same meaning assigned to it by the Malaysian maritime enforcement agency Act 2004 [Act 633];
"labour officer" means a labour officer appointed under section 3 of the Employment Act 1955 [Act 265] or section 3 the sabah Labour Ordinance [Sabah Cap. 67] or section 3 of the Labour Ordinance sarawak [Sarawak Cap. 76];
10 laws of Malaysia Act 670 "immigration officer" has the same meaning assigned to it by the Immigration Act 1959/63 [Act 155];
"customs officer" has the same meaning assigned to it by the Customs Act 1967 [Act 235];
"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;
"guardians" means any officer appointed under section 43;
"enforcement officer" means any officer specified in section 27;
"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;
"permanent resident" has the same meaning assigned to it by the courts of Judicature Act 1964 [Act 91];
"trafficking of persons" means all acts involving the acquisition or retention of labour or services of a person through compulsion, and includes the Act of recruiting, transporting, transferring, protecting, providing or receiving a person for the purposes of this Act;
"carrier" means any vehicle, vessel, ship, ship, air or any other means of transportation, whether by air, sea or land;
"migrant smuggling" means — (a) organize, facilitate or plan, directly or indirectly, the inclusion of someone imbibed valid into or through, or withdrawal of someone imbibed valid from any country that that person is not a citizen or permanent resident with either knows or has reason to believe that the entry or withdrawal of such person is not valid; and 11Antipemerdagangan people and Antipenyeludupan migrant workers (b) recruiting, transporting, transferring, hiding, protecting or providing any assistance or services for the purpose of performing the acts referred to in paragraph (a);
"protection order" means an order made by a magistrate for the care and protection of people who traded under paragraph 51 (3) (a);
"premises" means home, buildings, factories, land, tenemen, isemen any holding, whether open or closed, whether built in it or not, whether public or private, and whether or not maintained under statutory authority, and includes any containers.
scope of application 3. offence under this Act applies, regardless of whether the Act of starting the offense happened in or outside malaysia and any nationality or the nationality of the offender, in the following circumstances: (a) if malaysia is the country of the recipient or transit or exploitation going on in malaysia; or (b) if the recipient country or country of transit is foreign countries but trafficking people or migrant smuggling began in malaysia or to their transit in malaysia.
the expansion of the Act to the offence outside the territory of 4. any offence under this act committed — (a) in the sea in any ship or in any air ships registered in malaysia;
(b) by any citizen or permanent resident of malaysia in the sea in any ship or in any of the air vessels; or 12 laws of Malaysia Act 670 (c) by a citizen or a permanent resident in any place outside and pass through malaysia, can be managed as if was done in any place in the country.
the law applicable 5. (1) the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law relating to trafficking and migrant smuggling.
(2) in the event of any conflict or inconsistency between the provisions of this Act with the provisions of any other written law, the provisions of this Act shall apply and the provisions of any other written law which is inconsistent or not in compliance shall, to the extent of that conflict or inconsistency, be deemed to be replaced.
Part ii the Council for antipemerdagangan people and migrant antipenyeludupan Council for antipemerdagangan people and antipenyeludupan migrant workers 6. (1) a body to be known as majl is for antipemerdagangan people and antipenyeludupan migrant workers shall be established for the purposes of this Act.
(2) the Council shall consist of the following members: (a) the Secretary-General of the Ministry is responsible for internal security, who shall be the Chairman;
(b) the Secretary-General of the Ministry responsible for Foreign Affairs, or his representative;
13Antipemerdagangan people and Antipenyeludupan migrant workers (c) Secretary-General of the Ministry responsible for internal affairs, or his representative;
(d) the Secretary-General of the Ministry responsible for the advancement of women, family and community, or his/her representative;
(e) the Secretary General of the Ministry in charge of human resources, or his designee;
(f) the Secretary-General of the Ministry responsible for transport, or his/her representative;
(g) the Secretary-General of the Ministry responsible for information, or his/her representative;
(h) the Attorney General of malaysia, or his/her representative;
(i) the Chief of police, or his representative;
(j) the Director General of immigration, or his/her representative;
(k) the Director General of customs, or his/her representative;
(l) the Director General of Malaysian maritime enforcement, or his/her representative;
(m) a representative of the Ministry which is responsible for internal security;
(n) not more than three persons from non-governmental organisations or other organisations with relevant experience, knowledge and expertise of the appropriate problems and issues relating to trafficking, including protection and assistance people who traded, appointed by the Minister; and (o) not more than two persons from non-governmental organisations or other organisations with relevant experience, knowledge and expertise of the appropriate problems and issues relating to migrant smuggling, appointed by the Minister.
14 laws of Malaysia Act 670 (3) each Member of the Council appointed under paragraph (2) (n) and (o) shall, unless he resigns first, hold office for a period not exceeding two years and shall be eligible for re-election.
(4) any member of the Council appointed under paragraph (2) (n) and (o) may, at any time, resign his Office by giving notice in writing to the Minister.
(5) a member of the Council under subsection (2) may be paid such allowance as determined by the Minister.
Functions and powers of the Council 7. (1) the Council shall perform the following functions: (a) coordinating the implementation of this Act;
(b) formulate policies and programmes to prevent and combat trafficking and migrant smuggling;
(c) formulate protection program for people who traded;
(d) initiate educational programmes to raise public awareness of the causes and consequences of acts of trafficking and migrant smuggling;
(e) monitoring the patterns of immigration and emigrasi in malaysia for evidence of trafficking and migrant smuggling and get immediate responses from government agencies and non-governmental organizations about the problem of human trafficking and migrant smuggling brought to its attention;
(f) to advise the Government on trafficking and migrant smuggling, including developments at the international level against acts of trafficking and migrant smuggling;
15Antipemerdagangan people and Antipenyeludupan migrant workers (g) make recommendations to the Minister on all aspects of preventing and combating human trafficking and migrant smuggling;
(h) coordinating the formulation of policies and monitor the implementation of such policies on the issues of human trafficking and migrant smuggling with relevant government agencies and non-governmental organizations;
(i) cooperate and coordinate with the Government and international organizations on trafficking and migrant smuggling;
(j) collect and collect the check data and information, and provide permission for research, with respect to preventing and combating human trafficking and migrant smuggling; and (k) perform such other functions for the implementation of this act accordingly.
(2) the Council shall have all the powers necessary for, or associated with, or reasonably incidental to, the performance of its functions.
power of Minister to give directions 8. the Minister may, from time to time, provide Council instructions not inconsistent with this Act regarding the implementation of the functions and powers of the Council and the Council shall give effect to such directions.
meetings of the Council

9. (1) the Council shall meet as often as necessary for the performance of its functions at times and places as determined by the Chairman.
(2) seven members, including the Chairman, shall form a quorum at a meeting of the Council.
16 laws of Malaysia Act 670 (3) the Chairman shall preside at all meetings of the Council.
(4) if the Chairman is unable for any reason to preside at any meeting of the Council, the meeting shall be chaired by a member elected from among the members present.
(5) the Council may invite any person to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.
(6) in any of the meetings of the Council, the Chairman shall have one vote and shall, if there are the same number of votes a lot, have a casting vote.
(7) any person invited under subsection (5) may be paid such allowance as determined by the Minister.
(8) subject to the provisions of this Act, the Council may make rules for regulating the meetings and proceedings.
the establishment of the Committee 10. (1) the Council may establish committees that it considers necessary or expedient to assist it in the performance of its functions and exercise of its powers under this Act.
(2) a Committee established under subsection (1) — (a) shall be chaired by any member of the Council set out under paragraph 6 (2) (b) to (m);
(b) shall comply with and act in accordance with any instructions given to it by the Council; and (c) may fix its own procedure.
(3) 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.
17Antipemerdagangan people and Antipenyeludupan migrant workers (4) except for members appointed from among members of the Council, any other person who was appointed as a member of the Committee may be paid such allowance as determined by the Minister.
(5) 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.
(6) the Council may revoke the appointment of any member of a Committee without giving any reason for the revocation.
(7) members of a Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.
(8) the Council may, at any time, discontinue or modify the membership of a Committee.
(9) a Committee shall hold its meetings at such time and place as determined by the Chairman of the Committee.
(10) a Committee may invite any person to attend meetings of the Committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(11) any person invited under subsection (10) may be paid such allowance as determined by the Minister.
the Secretary of the Council and other officers 11. the Minister shall appoint a public officer as the Secretary of the Council and other public officers as may be necessary to assist the Council.
18 laws of Malaysia Act 670 part iii the offence of trafficking persons, immunities, etc.
the offence of trafficking people 12. any person, who obtained the person who is not a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding fifteen years, and may also be fined.
the offence of trafficking of persons by means of threats, violence, etc.
13. any person, who obtained the person who is not a child, for the purpose of exploitation, with one or more of the following ways: (a) threats;
(b) the use of force or other forms of coercion;
(c) pemelarian;
(d) fraud;
(e) perdayaan;
(f) abuse of power;
(g) abuse of the position the person susceptible to the danger of acts of trafficking of persons; or (h) the granting or acceptance of payment or benefits to obtain out of someone who has control over the people who traded, commits an offence and shall, on conviction, be punished by imprisonment for a term not less than three years but not more than twenty years, and may also be fined.
19Antipemerdagangan people and Antipenyeludupan Migrant child trafficking offences 14. any person, who obtained the person is a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished by imprisonment for a term not less than three years but not more than twenty years, and may also be fined.
offence of making a profit from the exploitation of those who traded 15. any person who seek profit from the exploitation of those who traded commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding fifteen years, and may be fined not less than five hundred thousand dollars but not more than one million dollars and can also profit from the offence dilucuthakkan.
offences in relation to the trafficking of people in transit 15A. any person who brings in transit people traded through malaysia via land, sea or air, or otherwise arrange or facilitate the Act commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding seven years, and may be liable to a fine.
out of those who traded irrelevant 16. in a prosecution for an offence under section 12, 13 or 14, it shall not be a defence that a person who traded the merelakan acts of trafficking people.
past sexual conduct irrelevant 17. past sexual behavior of people who traded is irrelevant and cannot be accepted for the purpose of proving the 20 laws of Malaysia Act 670 that those who traded it involved with other sexual behavior or sexual tendency to prove those who traded it.
the movement or transport people traded irrelevant 17A. in a prosecution for any offence under this section, the prosecution need not prove the movement or transport people traded but that those who traded it was exploited.
travel documents or identification fraud 18. any person who makes, acquires, give, sell, or possess a travel document or identity fraud for the purpose of facilitating an act of trafficking persons commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may be liable to a fine not less than fifty thousand dollars but not more than five hundred thousand dollars.
recruit person 19. any person who knowingly recruit, or agree to recruit, other people to participate in the Commission of an act of trafficking persons commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may also be fined.
provide facilities to help slow people 20. any person who shall be — (a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permit a meeting held at the premises, rooms or the place; or 21Antipemerdagangan people and Antipenyeludupan migrant workers (b) the owner, lessee or person responsible for any equipment or facilities that allow recording, Conference or meeting through technology, knowingly allow equipment or facilities that are used, for the purpose of committing any offence under this Act, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years , and may also be fined.
provides services for the purpose of trafficking people 21. (1) any person who, directly or indirectly, provides or conducts financial services or facilities — (a) with the intent that the services or facilities to be used, or knowing or having reasonable grounds to believe that the services or facilities to be used, in whole or in part, for the purpose of committing or facilitating the Commission of an act of trafficking people, or for the purpose of make use of any person who commits or facilitates the Commission of an act of trafficking of persons; or (b) knowing or having reasonable grounds to believe that, in whole or in part, the services or facilities to be used by or will benefit any person involved in an act of trafficking people, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may also be fined.
(2) for the purposes of subsection (1), "the financial services or facilities" includes services or facilities offered by lawyers or accountants acting as nominee or agent to their clients.
22 laws of Malaysia Act 670 protect people

22. (1) any person who — (a) protect someone; or (b) prevent, menggalang or interfere with the arrest of a person, knowing or having reasonable cause to believe that the person has committed or is planning or is likely to commit an act of trafficking people, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may also be fined.
(2) in this section, "protect" means to give someone refuge, food, drink, money or clothing, weapons, Ammo is or carrier, or help a person with any way to avoid getting caught.
obligations of the owner, the operator or master carrier 23. (1) any person who is the owner, the operator or master of any carrier, which took part in the transportation of goods or persons for commercial profit shall ensure that every person who got on the carrier had valid travel documents for entry of that person into the country of the recipient or transit countries.
(2) any owner, the operator or master of any carrier referred to in subsection (1) — (a) knowingly permit or has reasonable grounds to believe that the carriers are used for the purpose of bringing someone into the country of the recipient or transit countries without travel documents required for entry of valid that person into the country of the recipient or the transit country; or (b) knowingly permit or has reasonable grounds to believe that the carriers are used for the purpose of committing any offence, trafficking of people, 23Antipemerdagangan people and Antipenyeludupan Migrant commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
(3) in any proceedings for an offence under this section, it shall be a defence for the owner, the operator or the master to prove that — (a) he has reasonable grounds to believe that the travel documents of people who ride the carrier was travel documents required for entry of valid that person into the country of the recipient or transit;
(b) those who ride the carrier had the travel documents required for entry into the country of the recipient or valid transit when that person got on, or on boarding, the carrier for travel to the country of the recipient or transit; or (c) the person's entry into the country of the recipient or transit occurred solely by reason of illness or injury to the person, the stress of weather or any other circumstances beyond the control of the owner, the operator or master.
(4) any person who is convicted of an offence under this section may be required to pay the cost of the detention of those who traded in, and transfer those who traded from recipient countries, or transit countries.
(5) if there is no prosecution or conviction under this section, the owner, the operator or master of transport used must be bertanggunggan in association and several for all expenses incurred by the Government in respect of the detention and the maintenance people who traded and his transition from malaysia such incidents and expenses shall be recoverable as a debt due to the Government.
24 laws of Malaysia Act 670 omission intentionally to provide information 24. any person who knows or has reason to believe that any offence under this Act has been or will be made, deliberately does not provide any information in respect of that offence, commits an offence and shall, on conviction, liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years, or both.
immunity from criminal prosecution 25. people traded is not liable to criminal prosecution in respect of — (a) that person's illegal entry into the country of the recipient or transit;
(b) the period of pemastautinan the person that are not valid in the country of the recipient or transit; or (c) the acquisition or possession of any travel documents or identity fraud which diperolehnya, or any travel documents or identification fraud supplied to it, for the purpose of entering the country of the recipient or transit countries, if such act is consequential than an act of trafficking persons said to be done or has been done.
the whistleblower protection 26. (1) except as provided in this section, no complaints for an offence under this Act is admissible evidence in any civil or criminal proceedings, and no witness may be required or permitted to disclose the name or address of any informer, or declaring of any matter that may cause the whistleblower known.
(2) if any books, documents or papers which constitute or which may be inspected in any civil or criminal proceedings contains any records in which the 25Antipemerdagangan people and Antipenyeludupan migrant workers any informer is named or described or which might cause she known, the Court before which the proceedings are held to shall cause all such entry is closed from sight or deleted to the extent necessary to protect the informant of known.
(3) if in proceedings for any offence under this Act, the Court, after a full investigation of the case, is of the opinion that the informant intentionally make 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 knowing who the informant , the Court may require the production of the original complaint, if in writing, and allow the investigation and require full disclosure concerning the informer.
(4) any person who gives any information referred to in this section, while he knew that the information was false, commits an offence.
Part iiia migrant smuggling migrant smuggling offences 26A. any person who carries on migrant smuggling commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding fifteen years, and may be liable to a fine, or both.
the offence of migrant smuggling heavier 26b. any person who carries on a migrant smuggling offences the following applies: (a) in doing the offence, such person intends to exploit migrant workers who were smuggled it after its entry into the country of the recipient or transit countries either by itself or by another person;
26 laws of Malaysia Act 670 (b) in committing the offence, the person deal with the migrant workers who were smuggled by that cruel, inhuman or degrading; or (c) in making the offence, the person's behavior raises the risk of death or serious harm to the migrant workers who were smuggled it, shall, upon conviction, be punished by imprisonment for a term not less than three years but not more than twenty years, and may be liable to a fine, or both.
offences in relation to migrant workers who were smuggled in transit 26c. any person who brings in transit a migrant who were smuggled through malaysia via land, sea or air or otherwise arrange or facilitate the Act commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding seven years, and may be liable to a fine, or both.
the offence of profit from the offence of smuggling migrant 26d. any person who profited from the offence of migrant smuggling commits an offence and shall, on conviction, be punished by imprisonment for a term not less than seven years but not more than fifteen years, and may be liable to a fine of not less than five hundred thousand dollars but not more than one million ringgit, or both, and can also dilucuthakkan profit from the offence.
travel documents or identification fraud 26e. any person who makes, acquires, give, sell, or possess a travel document or identity fraud for the purpose of facilitating an act of smuggling migrant commits an offence and shall, on conviction, 27Antipemerdagangan people and Antipenyeludupan the Meccan punished by imprisonment for a term not less than seven years but not more than fifteen years, and may be liable to a fine not less than fifty thousand dollars but not more than five hundred thousand dollars , or both.
provides facilities to assist migrant smuggling 26f. any person, who is — (a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permit a meeting held at the premises, rooms or the place; or

(b) the owner, lessee or person responsible for any equipment or facilities that allow recording, Conference or meeting through technology, knowingly allow equipment or facilities that are used, for the purpose of committing an offence under this section, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may be liable to a fine, or both.
provides services for the purpose of smuggling migrant 26g. (1) any person who, directly or indirectly, provides or conducts financial services or facilities — (a) with the intent that services or facilities that use, or knowing or having reasonable grounds to believe that the services or facilities to be used, in whole or in part, for the purpose of committing or facilitating the Commission of an act of smuggling migrant workers, or for the purpose of make use of any person who commits or facilitates the Commission of an act of migrant smuggling; or 28 laws of Malaysia Act 670 (b) knowing or having reasonable grounds to believe that, in whole or in part, the services or facilities to be used by or will benefit any person involved in an act of migrant smuggling, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may be liable to a fine , or both.
(2) for the purposes of subsection (1), "the financial services or facilities" includes services or facilities offered by lawyers or accountants acting as nominee or agent to their clients.
hide or protect migrant workers who were smuggled migrant smugglers and 26h. (1) any person who hide or protect, or block, menggalang or interfere with the arrest of any person knowing or having reasonable cause to believe that the person is — (a) migrant workers who were smuggled; or (b) the person has committed or is planning or is likely to commit an act of migrant smuggling, commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years, and may be liable to a fine, or both.
(2) in this section, "protecting" includes giving someone a shelter, food, drink, money or clothing, weapons, Ammo is or carrier, or help a person with any way to avoid getting caught.
support migrant smuggling offences 26i. (1) any person who provides material support or resources to another person and the support and resources that help the receiver or any other person to engage in 29Antipemerdagangan people and Antipenyeludupan migrant workers conduct which is the offence of smuggling migrant commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding fifteen years, and may be liable to a fine , or both.
(2) for the avoidance of doubt, a person commits an offence under subsection (1) even if the offence of migrant smuggling is not performed.
offences that were smuggled migrant workers transporting 26j. any person who is the owner, the operator or master of any carrier involved in the transportation of migrant workers who were smuggled commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding five years, and may also be liable to a fine not exceeding two hundred and fifty thousand dollars, or both.
obligations of the owner, etc., the carrier 26k. (1) any person who is the owner, the operator or master of any carrier involved in the transport of goods or persons for commercial profit shall ensure that every person who rides that had valid travel documents for entry of that person into the country of the recipient or transit countries and if not, shall refuse to carry that person.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years, or both.
(3) in any proceedings for an offence under this section, it shall be a defence for the owner, the operator or the master to prove that — (a) he has reasonable grounds to believe that the travel documents of the person referred to in subsection (1) is the travel documents required for entry of valid that person into the country of the recipient or the transit country;
30 laws of Malaysia Act 670 (b) the person referred to in subsection (1) had the travel documents required for entry into the country valid recipients or the transit country in the course of the ride, or the last ride, the carrier for travel to the country of the recipient or the transit country; or (c) the entry of the person referred to in subsection (1) into the country of the recipient or transit that happens just because the person is sick or injured, the stress of weather or any other circumstances which are beyond the control of the owner, the operator or master it.
(4) any person who is convicted of an offence under this section may be required to pay the cost of the detention of those who were smuggled in, and transfer of, the recipient country or the transit country.
(5) if there is no prosecution or conviction under this section, the owner, the operator or master of transport used must be bertanggunggan in association and several for all expenses incurred by the Government in respect of the retention and maintenance of the migrant workers who were smuggled and his transition from malaysia and expenses shall be recoverable as a debt due to the Government.
Part iV enforcement enforcement officers 27. (1) the following shall be a officer enforcement officers for the purposes of this Act and may exercise all the powers of enforcement — (a) any police officer;
(b) any immigration officer;
31Antipemerdagangan people and Antipenyeludupan migrant workers (c) any officer of customs;
(d) any officer of the Malaysian maritime enforcement agency; and (e) any officer workforce.
(2) an enforcement officers when acting on any person under this Act, shall state his Office and shall submit to the person against whom he is acting any authority card issued to him.
power 28 investigations. someone enforcement officers shall have all the powers necessary to carry out the investigation for any offence under this Act.
power to arrest 29. (1) an enforcement officers may arrest without warrant any person — (a) who is found committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act; or (b) reasonably suspected by enforcement officers as involved in committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act.
(2) an enforcement officers who made the arrest under subsection (1) shall, without unnecessary delay is not necessary, bring the person arrested to the nearest police station, and subsequently, that person shall be dealt with according to the law relating to criminal procedure currently in force.
32 laws of Malaysia Act 670 a search and seizure warrant with 30. (1) where a magistrate found, the information given in writing and after such inquiry as may be deemed necessary by the magistrate, that there is reasonable cause to believe that — (a) any premises or the carrier has been used or will be used for; or (b) there is in any premises or transport evidence necessary to conduct investigations of, the Commission of an offence under this Act, the magistrate may issue a warrant which authorizes the enforcement officers named in the warrant, at any reasonable time, either during the day or night, to enter the premises or the carrier.
(2) a warrant issued under subsection (1) may authorize enforcement officers to — (a) a search of the premises or the carrier, and to seize or remove from the premises or the carrier, any movable property, books, records, reports or documents, or any organ, reasonably believed to be able to give evidence of the Commission of the offence; and (b) make copies of, or take extracts from any book, record, report or document found at the premises or the carrier.
(3) an enforcement officers entering any premises or carrier under this section may bring with him any other person and equipment as it deems necessary.
(4) an enforcement officers may, in exercise of its powers under this section, if necessary — (a) break open any door or in the premises or the carrier or any obstacles to the premises or the transporter to enter into the premises or the carrier;
33Antipemerdagangan people and Antipenyeludupan migrant workers

(b) remove by force any barriers to entry, search, seizure or removal as he is authorized to perform under this section; and (c) detain any person found in the premises or the carrier until the search is completed.
(5) where, by reason of the type, size or its recoverable amount, it is not practical to move any movable property, books, records, reports or documents or any organ that is seized under this section, the enforcement officer shall, in any way, prevent the movable property, books, records, reports or documents or any organ is in the premises or carrier in which it was found.
(6) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (5) or moving the movable property, books, records, reports or documents or any human organ dilak, or attempt to do so, commits an offence.
Search and seizure without warrant 31. (1) where an enforcement officers have reasonable grounds to believe that by reason of the delay in obtaining a search warrant under section 30, the investigation will be affected or evidence of the Commission of the offence may be interrupted, moved, damaged or destroyed, he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search any premises;
(b) stop and inspect any carriers or people;
(c) seize and hold the carrier, movable property, books, records, reports or documents or organ; or (d) examine, make copies of or take extracts from any books, records, reports or documents that were found in the premises or the carrier.
34 the laws of Malaysia Act 670 (2) in the exercise of its powers under this section, an enforcement officers shall have all the powers conferred upon him under subsection 30 (3), (4) and (5).
Access to computerized data 32. (1) any enforcement officers carrying out the search under this Act shall be given access to computerised data either stored in a computer or otherwise.
(2) for the purposes of subsection (1), the enforcement officers shall be provided with a password, encryption, encrypting code code, software or hardware necessary or any other means required to simultaneously broadening access to enable an understanding of the computerized data.
list of things seized 33. (1) except as provided in subsection (2), if any carriers, movable property, books, records, reports or documents or anything human organs seized under this part, enforcement officers shall prepare a list of things seized and immediately menghantarserahkan a copy signed by him to the occupier of the premises or the owner of the carrier which has been searched, or to agents or employees, premises or the carrier.
(2) if the premises were unoccupied, the enforcement officer shall, whenever possible, post up a list of things seized it in conspicuous places on or in the premises or place.
the authority to examine people 34. (1) an enforcement officers may, by notice in writing, require any person who he knows the facts and circumstances of a particular case is to — (a) to appear before it for examination;
(b) submit to the front of any movable property, records, reports or documents; or 35Antipemerdagangan people and Antipenyeludupan migrant workers (c) give him a written statement made by oath or pledge stating any such information as required.
(2) any person who contravenes subsection (1) commits an offence.
(3) the person examined under subsection (1) shall be bound to answer all questions relating to such case put to him by the enforcement officers, but he can refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.
(4) the person making the statement under paragraph (1) (c) shall be legally bound to state the truth, whether or not the statement was made in total or in part in answering the question of the enforcement officers.
(5) an enforcement officers examining a person under subsection (1) shall first inform that person of the provisions of subsection (3) and (4).
(6) a statement made by any person under subsection (3) or (4) shall be made in writing and signed by the person making it or affixed with cap head jarinya — (a) after the statement was read out to him in a language he made it; and (b) after he was given the opportunity to make any corrections he wanted.
admissibility of statements 35. (1) except as provided in this section, no statement made by any person to an enforcement officers during an investigation made under this Act may be used in evidence.
36 laws of Malaysia Act 670 (2) when any witness called on behalf of the Prosecutor or defender, in addition to the accused, and there is a basis to challenge the credibility of the witness, the Court shall, subject to the provisions of the evidence Act 1950 [Act], refers to any statement made by the witness to an enforcement officers in the course of an investigation under this Act and may then use the statement to challenge the credibility of the witness.
(3) if the accused has made a statement during the investigation, the statement is admissible as evidence in support of his defence during the trial.
(4) no nothing in this section shall be deemed to apply to any statement made during a parade cam or included in section 27 or paragraph 32 (1) (a), (i) and (j) of the description of 1950.
(5) upon any person charged with such offences in respect of — (a) manufacturing; or (b) the content of, any statement made by him to an enforcement officers during an investigation made under this Act, the statement can be used as evidence in the prosecution case.
forfeiture of the carrier, the movable property, etc.
36. (1) all carriers, movable property, books, records, reports or documents, or any other human organs seized in exercise of any power conferred under this Act shall be dilucuthakkan.
(2) the Court try any person accused of an offence under this Act may at the end of the trial, whether he is convicted or not, order that the carrier, movable property, books, records, reports or documents or any human organs from people seized the dilucuthakkan.
37Antipemerdagangan people and Antipenyeludupan migrant workers (3) If no prosecution in respect of any offence under this Act — (a) in the case of human organs, human organs seized seized shall be deemed to be dilucuthakkan; and (b) in the case of carriers, movable property, books, records, reports or documents seized, enforcement officers shall serve a notice in writing to the last known address of the person from whom the carrier, movable property, books, records, reports or documents it seized.
(4) a notice under paragraph (3) (b) shall state that no prosecution in respect of the carrier, the movable property, book, record, report or document and that carriers, movable property, books, records, reports or the document are dilucuthakkan at the end of a period of one calendar month from the date of delivery of the notice unless a claim is made by the person from whom the carrier, movable property, books, records, reports or documents it seized.
(5) when the notice issued under paragraph (3) (b) is accepted, any person who asserts that he is the owner of any carrier, movable property, books, records, reports or documents seized under this Act that could not be dilucuthakkan may, in person or by his agent authorized in writing by him, give notice in writing to the enforcement officer in his possession of the carrier , movable property, books, records, reports or the document is held.
(6) where a notice under subsection (5) received, enforcement officers making the seizure shall refer the matter to the Court for its determination.
(7) the Court to which the matter is referred shall issue a summons requiring the person who pointed out that he is the owner of carriers, movable property, books, records, reports or documents and the person from whom it was seized is present forward the Court, and when they attend or defaults to appear, and summons delivery accordingly has been proved, the Court shall proceed with the examination of the matter, and when proven that carriers , movable property, book, record, report or document is matter or has 38 laws of Malaysia Act 670 is used in the Commission of an offence under this Act, shall order that the carrier, movable property, book, record, report or document dilucuthakkan or may, in the absence of such evidence, ordered the release of carriers, movable property, books, records, reports or the document to the person entitled to it.

(8) any carrier, movable property, books, records, reports or documents or any human organ dilucuthakkan or be deemed to dilucuthakkan shall be disposed of in such manner as it deems fit by enforcement officers.
the cost of holding the carrier, movable property, etc., seized 37. If any carriers, movable property, records, reports or documents or human organs seized under this Act held in custody enforcement officers pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding the carrier, movable property, records, reports or documents or any organ is in custody shall, in the event that any person found guilty of an offence , became a civil debt due to the Government by the person and shall be obtained accordingly.
There are no costs or damages arising from the entry, search or seizure can be obtained 38. No person shall, in respect of any entry or search, or seizure of any carrier, movable property, records, reports or documents or any organ, seized in exercise of any power conferred by this Act, be entitled to the cost of entry, search or seizure or to any damages or other relief unless the entry, search or seizure is made without reasonable cause.
39 barrier. any person that prevent, thwart, interfere with or fail to comply with a legitimate request someone enforcement officers in carrying out its functions under this Act commits an offence.
39Antipemerdagangan people and Antipenyeludupan the Meccan whistleblowing 40. (1) any person who — (a) knowing or having reasonable grounds to suspect that a enforcement officers are acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knowing or having reasonable grounds to suspect that a disclosure has been made to an enforcement officers under this Act and disclose to any person information or any other matters that might affect any investigation that might be conducted following the disclosure, commits an offence.
(2) no nothing in subsection (1) makes an offence for a person is a barrister and solicitor or employees to disclose any information or other matter — (a) to his client or his client in connection with the provision of advice to the client during and for the purposes of professional services advocates and lawyers that way; or (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.
(3) subsection (2) does not apply in respect of any information or other matter the consolidation with a view to implementing any purpose which is unlawful.
40 laws of Malaysia Act 670 (4) in proceedings against a person for an offence under this section, it is a defence to prove that — (a) he did not know or suspect that a disclosure made under paragraph (1) (b) is likely to affect the investigations; or (b) he has a valid authority or reason to make the disclosure.
an initial prosecution 41. No prosecution for an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Part V the care and protection of people who traded disapplication of 41A. This section shall not apply to migrant workers who were smuggled unless the migrant workers who were smuggled is a traded.
refuge 42. (1) the Minister may, by notification in the Gazette, declare any House, building or place, or any parts of the House, building or place is, became a shelter for the care and protection of people who traded and can, in the same way, declared that a shelter that cease to be a place of refuge.
(2) the Minister may, from time to time, direct separation of different categories of people who traded, inter alia, by age and sex either in the same or a shelter in different shelters.
41Antipemerdagangan people and Antipenyeludupan the Meccan appointment of guardians 43. (1) the Minister, after consultation with the Minister charged with the responsibility for the advancement of women, family and community may, by notification in the Gazette, appoint any number of social welfare officer or any other public officer to exercise the powers and perform the duties of an officer guardian under this Act, subject to such conditions as may be specified in the notification.
(2) guardians shall — (a) has control over and responsibility for the care and protection of those who traded in a shelter;
(b) conduct an investigation and cause to be prepared a report on people who traded as required under this Act;
(c) have the power to monitor people who traded when ordered by the magistrate's Court or directed by the Minister; and (d) have any powers, duties and other functions as may be prescribed by the Minister.
taking people into temporary custody 44. (1) an enforcement officer may, on reasonable suspicion that the person who found or saved are those who traded, take that person into temporary custody and submit that person to a magistrate within twenty-four hours, exclusive of the time necessary for the journey to the magistrate's Court, for the purpose of obtaining interim protection order.
(2) the magistrate shall make an order of interim protection for the person placed in a shelter for a period of fourteen days for the purpose of carrying out the investigation and inquiry under section 51.
42 laws of Malaysia Act 670 (3) enforcement officers shall, upon obtaining an order issued under subsection (2), deliver traded it to the guardians to House those who traded it in refuge stated in the order.
people in temporary custody that require examination or medical treatment 45. (1) If an officer who takes a power amplifier into temporary custody under subsection 44 (1) is of the opinion that the person requires medical treatment or examination, enforcement officers may, instead of submitting the person forward magistrate, took him to the medical officer.
(2) if at the time of taken into temporary custody, the person is a patient in the hospital, enforcement officers can leave the person in the hospital.
medical examination and treatment 46. an officer medical before someone brought under section 45 — (a) shall carry out or cause to be conducted an inspection on that person;
(b) may inspect the person and if allowed by enforcement officers, carry out or cause to be carried out any procedures and testing as may be necessary to diagnose the condition of that person; or (c) may provide or cause to be given any treatment as dirasakannya should be a result of the diagnosis.
permission to hospitalized 47. If a person taken into temporary custody under subsection 44 (1) is a child and a medical officer is of the opinion that the person checking for entry to 43Antipemerdagangan people and Antipenyeludupan the Meccan hospital is necessary for the purpose of care or medical treatment, one enforcement officers may authorize that person to be hospitalized.
control over person hospitalized 48. If a person taken into temporary custody under subsection 44 (1) hospitalization, enforcement officers shall have control over, and responsibility for the security and protection of the person.
steps to be taken after the examination or medical treatment 49. (1) a person taken into temporary custody under subsection 44 (1) and examined medically under section 46 shall be brought before a magistrate within twenty-four hours — (a) upon completion of the examination or treatment; or (b) if the person is admitted to hospital, when discharged from the hospital.
(2) if it is not possible to bring the person before a magistrate within the time specified in subsection (1), the person shall be placed in a shelter until such time that person be brought before a magistrate.
There is no liability incurred for providing permission 50. (1) If a person to be examined or treated under this section — (a) enforcement officers that allows check-ups or treatment thereof;
44 the laws of Malaysia Act 670 (b) medical officers examine or treat that person; and (c) all those who act in helping the medical officer, shall not bear any liability in law just because someone has been examined or treated in accordance with this section

(2) no anything contained in subsection (1) the release of an officer from liability in respect of medical check-ups or treatment the person taken into temporary custody under subsection 44 (1), that the he will subject its liability if the examination or treatment is carried out or provided with the consent of the parent or guardian of such person or a person who has authority to consent to the examination or treatment of it.
investigation, inquiry and order of protection 51. (1) where an interim order made under subsection 44 (2), within fourteen days from the date of the order — (a) an enforcement officers shall investigate the circumstances of the case that person for the purpose of determining whether that person is the person who traded under this Act; and (b) an official guardian shall conduct an investigation of the background of the person.
(2) upon completion of an investigation and inquiry under subsection (1), enforcement officers and guardians shall jointly prepare a report and submit the report along with the person before the magistrate's Court for the purpose of satisfaction of the magistrate that the person is the person who traded under this Act.
45Antipemerdagangan people and Antipenyeludupan migrant workers (3) if the magistrate, after reading the report submitted under subsection (2), is satisfied that the person brought before it — (a) is a person who traded and in need of care and protection, the magistrate may make an order of protection — (i) in the case of people who traded is a citizen or permanent resident of malaysia, ordered those who traded it placed in a shelter for a term not exceeding two years from the date of the order; or (ii) in the case of people who traded is a foreign citizen, order the person who traded it placed in a shelter for a term not exceeding three months from the date of the order, and then release it to the immigration officer for appropriate action in accordance with the provisions of the Immigration Act 1959/63;
(b) is not a person who traded, magistrate may — (i) in the case of a citizen or permanent resident of malaysia, order that the person be released; or (ii) in the case of a foreign citizen, order the person released to immigration officials for necessary action in accordance with the provisions of the Immigration Act 1959/63.
(4) a magistrate may at any time, on the application of enforcement officers or guardians, as the case may be, extend or cancel the order made under this section.
(5) Notwithstanding subsection (4), if the person who traded it was a foreign citizen, an extension of the order may be granted only for the purpose of resolving 46 laws of Malaysia Act 670 recording evidence under section 52 or for any exceptional circumstances as determined by the magistrate.
(6) nothing-nothing in this section shall affect any prosecution of an act of trafficking of persons under this Act.
recording evidence of people traded 52. (1) at any time during the period of protection order made under subparagraphs 51 (3) (a) (ii), if the criminal prosecution has been instituted against any person for an offence under this Act, the public prosecutor may make oral application for production of the man who traded it to the front of the sessions Court for criminal prosecutions have been instituted for the purpose of record evidence swear those who traded it.
(2) the sessions Court judge may, on application, issue a summons or order directed to the person responsible for a shelter where people traded is placed, requires it to produce people who traded it at the time and place stated in the summons or the order.
(3) a sessions Court judge shall record the evidence of those who traded it and finish recording it within seven days from the date of submission of those who traded it to before him.
(4) upon recording the evidence of those who traded it, he shall be examined in accordance with the provisions of the evidence Act 1950.
(5) a sessions Court judge shall cause the evidence to be taken are made in writing and, at the end of the writing, shall sign the evidence.
(6) Notwithstanding anything contained in this Act or any other written law to the contrary, the evidence recorded under this section shall be 47Antipemerdagangan people and Antipenyeludupan migrant workers received in evidence in any proceedings under this Act and the weight placed on such evidence shall be the same as a witness present and provide evidence in a proceeding.
application by the parent, guardian or relative 53. (1) if the person who traded which is housed in a shelter is a citizen or permanent resident of malaysia, parent, guardian or relative of such person may, at any time, make an application to the magistrate's Court to put that person into the custody of the parent, guardian or relative of the person.
(2) the parent, guardian or relative of the person who traded it shall deliver a copy of the application to the guardians.
(3) upon receipt of an application under subsection (2), the guardians shall cause a report prepared in respect of — (a) the person who traded it;
(b) the status of any investigation or a prosecution for any offence under this Act in respect of those who traded it;
(c) the background of those who traded it, parent, guardian or his brother; or (d) any other matters as guardians think relevant, to allow a magistrate determine applications in the best interests of the person who traded it.
(4) the magistrate shall, upon receipt of the application, set a date for the hearing of the application, and shall by notice in writing, inform the parent, guardian or relative of the person who traded, as the case may be, guardians or other person 48 laws of Malaysia Act 670 the magistrate thinks fit, and shall require the person who traded the present before it on the appointed date.
(5) after hearing an application and read the reports of the guardians, and if the magistrate is satisfied that it is in the best interests of the person who traded it, he may be — (a) put that person into the custody and protection of the parent, guardian or relative of such person with such conditions as he thinks fit to impose;
(b) require the parent, guardian or relative of the person to sign the bonds; or (c) require that the person be placed under the supervision of an officer protection, for a period to be determined by the magistrate.
(6) a magistrate may, at any time, revoke an order made under subsection (5).
the release of the man who traded 54. (1) when an order is cancelled or the expiration of the period specified in an order of protection, guardians shall — (a) in the case of people who traded is a citizen or permanent resident of malaysia, let go of that person; or (b) in the case of people who traded is a foreign citizen, let go of that person to the immigration officer for appropriate action in accordance with the provisions of the Immigration Act 1959/63.
(2) the immigration officer shall take all the necessary measures to manage the repatriation of such persons to the country of origin without unnecessary delay, taking into account safety.
49Antipemerdagangan people and Antipenyeludupan migrant workers (3) Notwithstanding paragraph 1 (a), the Court may, on an application made by the guardians, and upon being satisfied that the person in need of care and protection further made an order that the person who traded it placed in a shelter for such further period as the magistrate may think fit.
people traded fled or migrated from a shelter 55. any person who traded the escape or transferred from a shelter without valid powers — (a) may be taken into custody by any enforcement officers and must travel back to the refuge; and (b) shall be assigned for a period equal to the period of time he personally is not valid and free for the rest of his sanctuary command period which have not been exhausted which was originally made by the magistrate.
error moving or help people traded escape from a shelter 56. any person who — (a) transferring the person who traded from a shelter without lawful authority;
(b) knowingly assists or induces, directly or indirectly, the person who traded to escape from a shelter; or (c) knowingly to protect or hide those who traded the absconded, or preventing that person from returning to the refuge, commits an offence.
50 laws of Malaysia Act 670 Minister's power to transfer people traded from one refuge to another refuge

57. the Minister may, at any time, for which in his judgment enough, by order in writing direct the transfer of any person who traded from a place of protection to other protection as specified in the order.
Part Vi a variety of restrictions on media reporting and publication of 58. (1) Notwithstanding any law to the contrary, any mass media reports of — (a) any action taken in respect of people who traded or migrant workers who were smuggled in any proceedings either at the stage of pre-trial, trial or post-trial;
(b) any person who traded in respect of which the custody or protection granted under part V; or (c) any other matter under this Act, shall not disclose the name or address, or include any particulars calculated could lead to the identification of any person who traded or migrant workers who were smuggled involved such as either people who traded or migrant workers that were smuggled or as a witness in any proceedings.
(2) picture — (a) any person who traded or migrant workers who were smuggled in any matter referred to in subsection (1); or 51Antipemerdagangan people and Antipenyeludupan migrant workers (b) any person, place or other things that may lead to the identification of those who traded or migrant workers who were smuggled, shall not be published in any newspaper or magazine or communicated by any electronic intermediaries.
(3) any person who contravenes subsection (1) or (2) commits an offence.
evidence of agent provocateur may be 59. (1) Notwithstanding any law or pillars of law to the contrary, in any proceedings against any person for an offence under this Act, no agent provocateur may be considered unreliable simply because he was trying to commit or aiding and abetting, or aiding and abetting or involved in criminal conspiracy to commit that offence, if the main purpose of testing, the participation or abetment is to obtain evidence against that person.
(2) Notwithstanding any law or pillars of law to the contrary, a conviction for any offence under this Act based solely on the evidence without the support of any agent provocateur shall not be void and no such conviction may be set aside only because the Court that tried the case has failed to mention the reason his judgment needs so that remind him of the danger of making a conviction based on such evidence.
admissibility of evidence dokumentar 60. If any enforcement officers have earned any documents or other evidence in the exercise of its powers under this Act, a document or a copy of the document or other evidence, as the case may be, shall be admissible in evidence in any proceeding under this Act, notwithstanding anything to the contrary in any written law.
52 laws of Malaysia Act 670 admissibility translation documents 61. (1) if any document to be used in any proceedings against any person for an offence under this Act in a language other than the national language or in English, the translation of the documents into the national language or English shall be admissible in evidence if the translation is accompanied by a certificate of the person who translates the document stating that the translation is accurate translation , true and correct and the translation was made by that person on the requirement of any enforcement officers.
(2) subsection (1) shall apply to a document translated, regardless of whether the document was made in or outside malaysia, or whether the translation was made in or outside malaysia, or whether the possession of that document was obtained by any enforcement officers within or outside malaysia.
acceptability of depositions of people traded or migrant workers who were smuggled the undetectable 61A. (1) Notwithstanding anything else contained in this Act and any other law to the contrary, if in any proceedings for an offence under this Act the evidence of any person in respect of which an order of transfer from malaysia has been made by the Director General under section 32 or 33 or subsections 56 (2) of the Immigration Act 1959/63 required by court , then any depositions relating to the matter of the proceedings made by such person — (a) in malaysia before sessions Court judge or magistrate in the presence or absence of the person charged with the offence; or (b) outside malaysia in front of a consular officer or foreign judicial officials in the presence or absence of the person charged with that offence, shall be evidence admissible before the Court, and any such depositions shall, without further proof, be received as prima facie evidence of any fact stated in the depositions.
53Antipemerdagangan people and Antipenyeludupan migrant workers (2) any party to any proceedings is not necessary to prove the signature or official nature, sessions Court judge, magistrate or consular officer of the judicial officer depositions before it under subsection (1) is made.
(3) for the purposes of this section, a reference to — (a) a "depositions" includes any written statement made upon oath; and (b) an "oath" includes a pledge or declaration in the case of those who are allowed by law to make a pledge or declaration in lieu of making the oath.
(4) no nothing in this section affects any other depositions accepted as evidence.
indemnity is 62. no action, suit, prosecution or other proceedings may be taken or transported, into, or maintained in any court or before any other authority of — (a) any enforcement officers;
(b) any guardians; or (c) any person acting in accordance with the law in complying with any direction or order of a power amplifier or guardians, for or by reason of, or in connection with, any act done or statement made or left than done or made, or purporting to be made or made to or left than done or made, pursuant to or in furtherance of, or intended according to or to implement This Act or any written order, instruction or other things removed under this Act if the Act or the statement is made or to be made, or left than done or made in good faith.
54 laws of Malaysia Act 670 penalty General penalty and heavier 63. (1) any person who commits an offence under this Act for which no penalty expressly provided shall, on conviction, to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) where an offence under this act committed by a body corporate, the body corporate shall, on conviction of — (a) If a fine determined under section may be, liable to a fine of not less than three times the maximum fine specified; and (b) If no penalty is specified — (i) in relation to section 15a and 26c, fined a minimum of five million dollars; and (ii) in any other case, be liable to a fine of a minimum of one million dollars.
(3) If, after convicted of any offence under this Act, a person is subsequently commits a further offence under this Act, he shall, on conviction, for offences punished by penalties later, heavier which shall not be less than the penalty imposed upon him for the previous offence.
(4) where an offence under this Act has been committed by a person who has been proved in the Court that he had acted in association with one or more than one other time committed such offence, such person shall, upon conviction, be punished with a heavier penalty shall be a penalty that is harder than the penalties that can be imposed upon him if he acted alone.
offences by body corporate 64. If any offence against any provision of this Act has been committed by a body corporate, any person who at the time of the Commission of the offence was a Director, 55Antipemerdagangan people and Antipenyeludupan migrant workers Manager, Secretary or other similar officer of the body corporate, or purporting to act in any such capacity, or was in any way responsible for the management of any Affairs of the Corporation , or who assist in such management, also committed such offence unless he proves that the offence was committed without the knowledge, consent or pembiarannya, and that he has conducted all wrongdoing due diligence to prevent the Commission of the offence as he ought to run, taking into account the type of functions in that capacity and to all the circumstances.
offence by employee or agent

65. If any person can under this Act penalty or penalties for any act, omission, neglect or default, such person may be liable to a penalty or penalties are the same for every act, omission, neglect or default of such by any employee or agent of the employee or his agent that, if an Act, omission, neglect or default of it was committed by an employee of that person within its employment , or by the agent while acting on behalf of that person, or by employees of the agent within the employment by the agent, or otherwise on behalf of the agent.
regulations 66. (1) the Minister may make such regulations as are necessary or expedient to give effect to, or for carrying out the full, the provisions of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to prescribe the functions or other matters in relation to the Council;
(b) to provide for an offence, any act or omission that is contrary to any provisions of any regulations;
56 laws of Malaysia Act 670 (c) to provide for the imposition of penalties for the offence;
(d) to prescribe measures for the care and protection of those who traded in a shelter;
(e) to prescribe the powers and functions of the guardians;
(f) for regulating the management, administration and control of the refuge, including provision for powers, duties and functions of the person who is responsible for public protection;
(fa) to provide for the payment and pemerdapatan again for any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and evacuation from malaysia any person under this Act;
(g) to provide for any matters which, under this Act, shall be required or permitted to be prescribed or as are necessary or expedient to set.
Prevention of anomalies 67. (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.
57Antipemerdagangan people and Antipenyeludupan Migrant laws of malaysia Act antipemerdagangan Act 670 people and antipenyeludupan the meccan 2007 list amendment law short title force amend a1385 antipemerdagangan Act Act of people 15-11-2010 (revised) 2010 58 laws of Malaysia Act 670 laws of malaysia Act antipemerdagangan Act 670 people and antipenyeludupan the meccan 2007 list section amended section power amend the effect from the long title of the Act a1385 15-11-2010 1 Act a1385 15-11-2010 2 Act a1385 15-11-2010 3 Act a1385 15-11-2010 5 a1385 Act 15-11-2010 part ii Act a1385 15-11-2010 6 Act a1385 15-11-2010 7 Act a1385 15-11-2010 15 Act a1385 15-11-2010 15a a1385 Act 15-11-2010 17a a1385 Act 15-11-2010 23 of a1385 15-11-2010 25 Act a1385 15-11-2010 part iiia of the Act a1385 15-11-2010 26a-26k Act a1385 15-11-2010 27 Act a1385 15-11-2010 35 Act a1385 15-11-2010 part V of the Act a1385 15-11-2010 41a a1385 Act 15-11-2010 44 a1385 Act 15-11-2010 51 a1385 Act 15-11-2010 59Antipemerdagangan and Antipenyeludupan power to amend section Meccan force from 52 a1385 Act 15-11-2010 58 a1385 Act 15-11-2010 61a a1385 Act 15-11-2010 a1385 Act 63 15-11-2010 66 Act a1385 15-11-2010