* The Malaysian Qualifications Agency Act 2007

Original Language Title: *Malaysian Qualifications Agency Act 2007

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 As at 1 October 2014 2 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 Royal Assent Date............ August 29, 2007, the date of publication in the Gazette......... 30 August 2007 3 laws of MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. Applicable laws PART II MALAYSIAN QUALIFICATIONS AGENCY 4. The establishment of the Agency 5. Seal 6. The functions of the Agencies 7. Agency power 8. Directions by Minister 9. Accreditation Committee 10. Statements, reports, accounts and information 4 laws of Malaysia ACT 679 PART III COUNCIL of MALAYSIAN QUALIFICATIONS AGENCY Section 11. The Council of the Malaysian qualifications Agency 12. The functions of the Council 13. Temporary exercise of functions of the Chairman 14. The term of Office 15. Allowances 16. Revocation of appointment and the resignation of 17. Vacation of Office 18. Filling vacancy 19. Secretary 20. Committees PART IV PROVISIONS RELATING to OFFICERS and employees 21. Appointment of Chief Executive Officer 22. Appointment of employees 23. 24 terms of service. Loans, scholarships and cash advance 25. The payment of retirement benefits, etc.
26. Application of Act statutory bodies (discipline and surcharge) 2000 27. The Agency can adopt regulations, etc.

Part V FINANCIAL PROVISIONS 28. Malaysian qualifications Agency Fund 29. Expenses shall be charged on the funds of the Malaysian qualifications agency 5 section 30. Conservation Fund 31. Expenditure and preparation of estimates 32. Power to borrow 33. 34 investments. Account and report of PART VI the MALAYSIAN QUALIFICATIONS FRAMEWORK 35. 36 frames. The objective of the Framework 37. Compliance Framework PART VII 38 TEMPORARY ACCREDITATION. Application for accreditation while 39. Power to allow or reject the application 40. Temporary accreditation 41. The authority to impose conditions 42. Cancellation of accreditation while 43. Temporary accreditation for professional or professional qualifications 44. Temporary accreditation for skills training programme or qualification skills training PART VIII ACCREDITATION Chapter 1 Program and eligibility under the Malaysian qualifications framework 45. Application for accreditation of 46. Power to allow or refuse accreditation 6 laws of Malaysia ACT 679 Section 47. 48 accreditation. The authority to impose conditions 49. Cancellation of accreditation Chapter 2 Program professional and professional qualifications of 50. 51. Application for accreditation Joint Technical Committee 52. Power to allow or refuse accreditation of 53. Accreditation 54. The authority to impose conditions 55. Cancellation of accreditation Chapter 3 programmes and overseas qualifications 56. 57. Application for accreditation Power to allow or refuse accreditation 58. Accreditation 59. The authority to impose conditions of 60. Cancellation of accreditation Chapter 4 higher education providers of self-accreditation 61. Application for certificate of self-accreditation status on 62 legislative. Register the program or eligibility for 63. Certification and accreditation of self-accreditation 64. Of self-accreditation status revocation or cancellation of the registration of the Malaysian qualifications agency 7 Chapter 5 skills training programmes and qualifications Section 65. Application for accreditation of 66. Power to allow or refuse accreditation 67. 68 accreditation. The authority to impose conditions of 69. Cancellation of accreditation 70. Register programs and skills training qualifications accredited laboratories 71. Cancellation of registration Chapter 6 programmes and qualifications 72 branch campus. Registration of programme or qualification accredited laboratories branch campus 73. Cancellation of registration Chapter 7 prior Learning and credit transfer 74. Application for accreditation of 75. Power to allow or refuse accreditation of 76. The authority to impose conditions 77. Cancellation of accreditation PART IX OTHER QUALIFICATIONS ASSESSMENT 78. Application of equivalent 79. Evaluation of 8 laws of Malaysia ACT 679 part X INSTITUTIONAL AUDIT section 80. Institutional audit PART XI MALAYSIAN QUALIFICATIONS REGISTER 81. Malaysian qualifications register PART XII APPEAL 82. The appeal of 83. Minister's power on Appeal Committee or appeal 84. Decision of the Minister or the Committee of appeal on the appeal DIVISION XIII ENFORCEMENT and INVESTIGATION of 85. Authorized officers 86. Powers of authorized officers 87. Power of inspection of 88. Production of documents, etc.
89. The seizure of documents, etc.
90. An application for a search warrant 91. The power of the Magistrate to issue a search warrant 92. Search and seizure without a warrant 93. Production of card power 94. There are no costs or damages arising from seizure can be obtained Malaysian qualifications agency 9 SECTION XIV OFFENCES and PENALTIES Section 95. Interpretation of 96. Student registration for accredited laboratories that there was 97. Prohibition of advertising, etc.
98. Offences and penalties relating to the eligibility of higher education 99. Offences and penalties in relation to applications made under 100. Offences and penalties in relation to recommendation 101. Offences relating to inspections, enforcement and investigations SECTION XV a RANGE of 102. An initial prosecution 103. The jurisdiction of the magistrate first class 104. Offences by body corporate, etc.
105. Compounding of 106 offences. Penalties am 107. Penalties in the case of continuous offences 108. 109 presumption. Public servants 110. Protection from legal action and proceedings law 111. Public authorities Protection Act 1948 112. Obligations of secrecy 113. Power to exclude 114. The power to make regulations 10 laws of Malaysia ACT 679 PART XVI revocation, SAVINGS and TRANSITIONAL Section 115. Abolition and liquidation of 116. The transfer of power, etc.
117. Pemindahmilikan 118 property. Existing contract 119. Money transfers in 120 Fund. Membership of the Board of 121. Continuation of officers and servants 122. Exclusion for certification and registers 123. Continuation of application, etc., pending 124. Continuation of the civil and criminal proceedings is 125. Sound in law or document on Board 126. Continuation of the use of the name of 127. Prevention of anomalies

Table 11 laws of MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 an act to establish the Malaysian qualifications agency as a national body to implement the Malaysian qualifications framework, to mengakredit programmes and higher education qualifications, to monitor and regulate the quality and standards of higher education providers, to hold and maintain the Malaysian qualifications and to provide for matters connected therewith.


[1 November 2007, p. U (B) 384/2007]


Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian qualifications Agency Act 2007.

(2) of 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 coming into operation of different provisions of this Act.


12 laws of Malaysia ACT 679 interpretation 2. (1) in this Act, unless the context otherwise requires ─ "agency" means the Malaysian qualifications agency established under section 4;

"accreditation" means a recognition given by the Agency after the examine and evaluate — (a) a higher education qualifications or programmes; or (b) a higher education providers under section 4 or 7 part VIII, which according to the Frame;

"provisional accreditation" means the temporary accreditation granted under section 39;

"institutional audit" means assessment of an institution, to determine whether the institution achieve its mission and its goals, to recognize the strength and scope of appropriate attention and to improve the quality, which is carried out in accordance with the provisions of section 80;

"examination or certification body" means any body, within or outside Malaysia, as specified by the Minister by order published in the Gazette, which confirms that a student has achieved learning outcomes;

"professional body" means any body established under any written law for the purpose of regulating a profession and to the test or any other body recognized by the Government;

"academic load" means a quantitative measure of learning activities including lectures, tutorials, seminars, practical work, work out, Malaysian qualifications Agency 13 learning and exam to achieve a set of learning outcomes;

"Register" means the Malaysian qualifications held and maintained by the Agency under section 81;

"diploma" means a diploma awarded to a person after that person access successfully a set of learning outcomes planned so that lead to the award of the diploma or equivalent;

"advanced diploma" means a graduate diploma awarded to a person after that person access successfully a set of learning outcomes planned so that lead to the award of the diploma or equivalent;

"the appointed day" means the day this Act or any provision of this Act come into force;

"learning outcomes" means the standard to be achieved through education or skills training programmes or qualifications as determined by the Framework;

"degree" means a degree awarded to someone at the Bachelors degree level, or at the Masters or Doctoral level after that person access successfully a set of learning outcomes planned so that lead to the award of the degree or equivalent;

"higher education qualification" means a certificate, diploma, advanced diploma or degree or equivalent and include any other credentials specified in the Frame;

"Frame" means the Malaysian qualifications framework referred to under section 35;

"credit" means a measure to reflect the academic load representatif;

14 laws of Malaysia ACT 679 "Fund" means the Fund Malaysian qualifications agency established under section 28;

"course of study" means a course or set of courses and include short or long term lead to the award of a higher education qualification;

"skills training" means a work-based activities and industry-oriented aims to provide knowledge, skills and attitudes required for the performance of a task or work effectively and efficiently;

"Council" means the Council of the Malaysian qualifications agency established under section 11;

"Minister" means the Minister charged with the responsibility for higher education;

"authorized officer" means an officer who is authorized by the Minister under section 85;

"higher education providers" means a body corporate, organization or other group of persons handling the program for higher education or training, including skills training programme leading to the conferment of the awarding higher education or higher education qualifications and includes higher education providers, public or private bodies or certification exam or representatives branch;

"credit transfer" means the recognition of credits obtained in accredited laboratories for the purpose of transfer to other accredited laboratories;

"Chairman" means the Chairman of the Council appointed under paragraph 11 (2) (a);

Malaysian qualifications Agency 15 "skills training provider" means a body corporate, organization or other group of persons handling skills training programmes leading to a qualification of higher education;

"program" means any compilation of a course of study that is structured or intended to achieve outcomes that lead to the award of a higher education qualification;

"the programme or the eligibility of accredited laboratories" means programmes or qualifications accredited laboratories under part VIII;

"overseas qualifications or program" means a program that leads to the qualification awarded by higher education providers abroad or any qualification awarded by higher education providers abroad;

"higher education programme" means the programme that leads to a higher education qualifications;


"certificate" means a certificate awarded to a person after that person access successfully a set of learning outcomes planned so that lead to the award of the certificate or equivalent;

"of self-accreditation" means an official recognition given to higher education providers in the form of a certificate issued by the Agency under subsection 61 (2);

"representatives branch examination or certification body" means any body established under any written law for the purpose of representing an examination or certification body.

(2) for the avoidance of doubt, declared that any accreditation granted under this Act shall not be construed as a recognition of higher education qualifications or programmes, or higher education providers, for the purpose of eligibility to 16 laws of Malaysia ACT 679 practice as a professional in any professional body.


The law applicable 3. (1) the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law relating to accreditation or qualifications.

(2) except for programmes or professional qualifications, in the event of any conflict or inconsistency between the provisions of this Act with the provisions of any written law relating to accreditation or qualifications, 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 MALAYSIAN QUALIFICATIONS AGENCY the establishment of the Agency 4. (1) a body corporate by the name "Malaysian qualifications agency" established a perpetual succession and a common seal.

(2) the Agency can sue and be sued in the name of him.

Seal 5. (1) the common seal of the Agency shall have a sign as approved by the Agency and such seal may be Malaysian qualifications agency 17 from time to time be broken, changed, altered and made anew as it deems fit by agencies.

(2) the seal shall be kept in the custody of the Chief Executive Officer or any other person authorised by the Chief Executive Officer, and shall be authenticated by either the Chief Executive Officer or by any other person authorised by the Chief Executive Officer in writing.

(3) all deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.

(4) any deeds, documents and other instruments which, if executed by a person not being a body corporate, is not required in order to be sealed may be executed in the manner similar to by an employee of the Agency authorised for the purpose.

(5) the seal of the Agency shall be officially and judicially noticed.

Function of Agency 6. (1) the Agency shall implement the policies and guidelines as set out by the Council.

(2) without prejudice to the generality of subsection (1), the Agency shall have the following functions: (a) to implement and update the Framework;

(b) to mengakreditkan program, qualifications and higher education providers;

(c) to carry out institutional audit and review program, qualifications and higher education providers;
18 laws of Malaysia ACT 679 (d) to hold and maintain a register for the registration program, qualifications and higher education providers;

(e) to carry out courses, training programmes and providing consultancy and advice relating to quality assurance;

(f) to establish and maintain relationships and cooperation with quality assurance and accreditation in higher education within and outside Malaysia;

(g) to act as the Centre of reference of the eligibility of the program, eligibility and higher education providers who are accredited laboratories;

(h) to advise the Minister on any matter relating to quality assurance in higher education; and (i) to do all things reasonably necessary for the performance of its functions under this Act.
Agency power 7. (1) the Agency shall have the power to do all things expedient or reasonable and incidental to the exercise of its functions.

(2) the authority of the Agency shall include power — (a) to enter into contracts;

(b) to acquire, purchase, take, hold and enjoy every type of movable and immovable property;

Malaysian qualifications agency 19 (c) to transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis, transferred or otherwise disposed of, or make travel arrangements of any movable or immovable and any interest in any property, movable or immovable, which are vested in the Agency;

(d) to operate, coordinating or commissioning of any person to operate or coordinate activities relating to research and development in matters relating to quality assurance;

(e) to impose fees or any other charges as it may absolutely deem fit for services relating to the examination, assessment, audit, supervision, temporary accreditation, accreditation, assessment, or any other services provided by the Agency;

(f) to collect or receive money for services provided by the Agency;

(g) to continue negotiations, agreements or arrangements as it may absolutely deem fit for discharging its functions;

(h) to appoint such officers, agents, servants and consultants for regular services, temporary or special as he may deem fit and reasonable over time and determine the duties, powers and their terms of service; and (i) to do all things reasonably necessary for the performance of its duties under this Act.

20 laws of Malaysia ACT 679 (3) the Chief Executive Officer shall perform the functions and exercise the powers of the Agency, and the functions and powers exercised and carried out shall be the name of the Agency.

Directions by Minister 8. (1) the Agency shall be responsible to the Minister.


(2) the Minister may give directions of a General Agency in accordance with the provisions of this Act relating to the implementation of the functions and powers of the Agency and the Agency shall give effect to such directions.

9 Accreditation Committee. (1) the Agency shall from time to time establish committees to be accredited for the purposes of — (a) to receive the report and recommendation of the institutional audit on application made for temporary accreditation under part VII or accreditation program or entitlement under part VIII of the institutional audit Committee established under section 80;

(b) evaluate and analyze reports of temporary accreditation program accreditation or report or qualifications; and (c) to grant, refuse or revoke provisional accreditation or accreditation programme or qualification.

(2) the Agency may select any person deemed fit and proper by the Agency to be the Chairman of a Committee.

(3) the Agency may appoint any person to be a member of a Committee.
Malaysian qualifications agency 21 (4) a member of the Committee shall hold office in accordance with such terms and conditions as may be specified in the letter of appointment.

(5) the Agency may revoke the appointment of any member of a Committee without assigning any reason for the revocation.

(6) a member of the Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.

(7) the Agency may, at any time, do not continue the establishment or change of membership of a Committee.
(8) a Committee may regulate its own procedure.

(9) a Committee shall be subject to, and act in accordance with any instructions given to it by the Agency.

(10) meetings of a Committee shall be held at any time and at any place determined by the Chairman of the Committee.

(11) a Committee may invite any person to attend any meeting held for the purpose of advising the Committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

(12) members of a Committee and any person invited under subsection (11) shall be paid such allowances and other expenses out of the Fund as determined by the Agency in consultation with the Minister.

(13) this section shall not apply to any program or professional qualifications referred to in Chapter 2 part VIII.
22 laws of Malaysia ACT 679 Statements, reports, accounts and information 10. (1) the Agency shall provide to the Minister, and any public agency as directed by the Minister, any statement, report, account and information about the property and its activities as required or directed by the Minister.

(2) statement of account, reports, and information shall be in such form and shall contain any information relating to the proceedings and policy agencies and any other matter as specified by the Minister from time to time.


PART III COUNCIL of MALAYSIAN QUALIFICATIONS AGENCY Mqa Council 11. (1) a Council to be known as the Council of the Malaysian qualifications agency established for the purposes of this Act.

(2) the Council shall consist of the following members, with the exception of the Member under paragraph (b) to (g), shall be appointed by the Minister: (a) the Chairman;

(b) the Chief Executive Officer;

(c) the Secretary General of the Ministry of higher education or his/her representative;

(d) the Secretary General of the Ministry of education or his representative;

(e) the Secretary General of the Ministry of human resources or his designee;
Malaysian qualifications agency 23 (f) the Director General of the public service department or his/her representative;

(g) the Director General of higher education management department or his/her representative;

(h) a representative of the public higher education providers;

(i) a representative of the private higher education providers; and (j) eight other members who, in the opinion of the Minister, have special knowledge, experience and professionalism in matters relating to higher education or employment, at least two of whom shall be from professional bodies.

(3) the provisions of the Schedule shall apply to the Council.

(4) the Minister may amend the provisions of the schedule by order published in the Gazette.
The functions of the Council 12. (1) the functions of the Council — (a) to approve the plans and policies for the management of the Agency;

(b) to approve any amendment or updating of the framework;

(c) to approve the policies and guidelines relating to accreditation, qualifications or higher education providers or institutional audit;

(d) to approve any matter relating to the functions, powers, duties, remuneration, allowance, 24 laws of Malaysia ACT 679 honorarium, benefits and conduct of officers, employees, agents and consultants of the Agency;

(e) to receive and monitor report, statement, statements and any other information relating to accreditation, institutional audit and evaluation; and (f) to do all things reasonably necessary for the performance of its functions under this Act.

(2) Council may give Chief Executive Officer special instructions in accordance with the provisions of this Act in respect of the powers and functions of the Agency and shall not be inconsistent with the General instructions of the Minister under section 8, and the Chief Executive Officer shall give effect to such directions.
Temporary exercise of functions of the Chairman 13. The Minister may appoint temporarily any member of the Council, other than the Chief Executive Officer, to act as Chairman during the period when — (a) the Chairman is empty;

(b) the Chairman is not present on duty or not available in Malaysia; or (c) the Chairman, for any other reason, unable to perform the duties of his Office.

The term of Office 14. (1) subject to such conditions as may be specified in the instrument of appointment, the Chairman appointed under paragraph 11 (2) (a) and every Member of the Council appointed the Malaysian qualifications agency 25 under paragraph 11 (2) (h), (i) and (j) shall hold office for a term not exceeding three years.

(2) the Chairman appointed under paragraph 11 (2) (a) and every Member of the Council appointed under paragraph 11 (2) (h), (i) and (j) shall be eligible for re-election but no Member may hold office for more than two successive periods

also.


An allowance of 15. The Chairman and all other members of the Council, other than the Chief Executive Officer shall be paid such allowances at such rates as may be determined by the Minister after consultation with the Minister of finance.


Revocation of appointment and the resignation of 16. (1) the Minister may at any time revoke the appointment of any member of the Council, other than a member appointed under paragraph 11 (2) (b) to (g), without giving any reason for the revocation.

(2) a member of the Council may at any time resign his Office by giving notice in writing to the Minister.


Vacation of post 17. (1) the Chairman or a member of the Council, other than a member appointed under paragraph 11 (2) (b) to (g), shall be empty — (a) if he dies;
26 laws of Malaysia ACT 679 (b) if it has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment, whether imprisonment only, or in addition to or in lieu of a fine, for more than two years;

(c) if his actions, whether related to its duties as a member of the Council or otherwise, is behavior detrimental to the name of the Council;

(d) if he becomes bankrupt;

(e) if he is of unsound mind or otherwise is unable to meet its obligations;

(f) in the case of the Chairman, if he did not attend a meeting of the Council without the permission of the Minister;

(g) in the case of a member of the Council, if he fails to attend three consecutive meetings of the Council without the permission in writing of the Chairman;

(h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister.


Filling vacancy 18. If a person cease to be a member of the Council, the Minister may appoint another person to fill the vacancy.
Malaysian qualifications Agency Secretary 27 19. Agency, with the agreement of the Council, shall appoint a Secretary to the Council.


Committee 20. (1) the Council may establish such committees as it considers necessary or expedient to assist it in the performance of its functions.

(2) the provisions of subsection 9 (2) to (12) shall apply in the same manner to the Committee established under subsection (1).

PART IV PROVISIONS RELATING to OFFICERS and EMPLOYEES of the appointment of Chief Executive Officer 21. (1) the Minister shall appoint a Chief Executive Officer of the Agency on such terms and conditions as the Minister may determine.

(2) the Chief Executive Officer shall be responsible for the overall administration and management functions and day-to-day affairs agency.

(3) the Chief Executive Officer shall have general control over the officers and employees of the Agency.

28 laws of Malaysia ACT 679 (4) the Chief Executive Officer shall perform such additional duties as may be directed by the Minister from time to time.

(5) in fulfilling its duties, the Chief Executive Officer shall act under the authority and the General instructions of the Council.

(6) the Minister may appoint such number of Deputy Chief Executive Officer, to assist the Chief Executive Officer in the performance of its functions and exercise of its powers under this Act.

(7) If for any reason the Chief Executive Officer is unable to perform the functions or duties of his Office, one of the Deputy Chief Executive Officer shall perform the functions or duties of Chief Executive Officer.


Appointment of employees 22. Agency, with the agreement of the Council, may from time to time appoint and employ such number of employees as may be deemed necessary by the Agency and upon such terms as he thinks fit to carry out the purposes of this Act.


Conditions of service of 23. The Agency may, with the approval of the Council, determine the conditions of service of its employees.


Loans, scholarships and cash advance 24. The Agency can provide loans, scholarships and money advances to employees for any purpose and upon such terms as may be determined by the Agency.


Malaysian qualifications agency 29 payment of retirement benefits, etc.

25. The Agency can make the arrangements for payments to its employees and their dependants of any such retirement benefits, gratuities and other allowances as determined by the Agency.


Application of Act statutory bodies (discipline and surcharge) 2000 26. Act statutory bodies (discipline and surcharge) 2000 [Act 605] shall apply to the Agency.


The Agency can adopt regulations, etc.

27. The Agency may, with the approval of the Minister, adopt any modification as he thinks fit any regulations, rules, policies, circular and instructions made or issued by the Federal Government.



Part V FINANCIAL PROVISIONS of the Malaysian qualifications agency Fund 28. (1) a fund known as the "Malaysian qualifications agency Fund" established and shall be administered and controlled by the Agency.

(2) the Fund shall consist of — (a) any money appropriated by Parliament from time to time for the purposes of this Act;

30 laws of Malaysia ACT 679 (b) all moneys derived from the assessment, examination, audit, supervision, temporary accreditation, accreditation, evaluation or any other services provided by the Agency;

(c) all moneys derived as income from investments by the Agency;

(d) all moneys derived from the sale, disposal, leasing or rental, or any other transactions, any property, mortgages, charges or debentures vested in or acquired by the Agency;

(e) all moneys derived from consultancy services and advice and any other services provided by the Agency;

(f) money borrowed by the Agency under section 32;

(g) all other moneys lawfully received by the Agency;
and (h) all money and other property in any way become payable to or vested in the Agency with respect to any matter incidental to the functions and powers.


Expenses shall be charged on the Fund


29. the Fund shall be expended for the purposes of the following: (a) paying any legal expenses incurred by the Agency;

Malaysian qualifications agency 31 (b) paying the remuneration, allowances and other expenses councilman, Committee members, officers and employees of the Agency, including the granting of loans and downpayment, retirement allowance, retirement benefits and rewards;

(c) pay any expenses, costs or other expenses in connection with the procurement of goods and services, including recruitment consultant, fees and legal costs and other fees and costs, made or received properly by the Agency in the performance of its functions and exercise of its powers under this Act;

(d) pay any expenses, costs or other expenses properly incurred or accepted by the Agency in the performance of its functions or the exercise of its powers under this Act;

(e) purchase or rent equipment, machinery and any other materials, acquire land and erect the building, and exercise such other functions and the undertaking in the performance of its functions or the exercise of its powers under this Act;

(f) to repay money borrowed under section 32 and interest payable on money borrowed it;

(g) to grant loans, scholarships and money advances to employees under section 24; and (h) generally, to pay any expenses of carrying out the provisions of this Act.


Preservation of the Fund 30. Be the duty of the Agency to conserve the Fund with the performance of its functions and exercise of its powers under 32 laws of Malaysia ACT 679 this Act with such a way so as to ascertain that the total revenues of the Agency sufficient to pay all sums properly chargeable on revenue account including depreciation and interest on capital, from year to year.


Expenditure and preparation of estimates 31. (1) the expenditure of the Agency to the extent of any amount allowed by the Minister for any one year shall be paid out of the Fund.

(2) before the beginning of June each year, the Agency shall submit to the Minister an estimate of his expenses, including expenses for research and development, for the ensuing year in such form and contain such particulars as may be directed by the Minister.

(3) the Minister shall, before the beginning of the following year, told the Agency the amount authorised for expenditure generally or the amount that is allowed for each type of expenditure based on estimates provided under subsection (2).

(4) the Agency may, at any time, submit an additional estimated expenses for any one year to the Minister and the Minister may allow the whole or any part of the additional expenditure is included in the supplementary estimates.


Power to borrow 32. The Agency may, from time to time, borrow in any form and at any rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as approved by the Minister with the consent of the Minister of finance, any money required by the Malaysian qualifications agency 33 Agencies to fulfill any of its obligations or perform any of its obligations.


33 investment. Money Agency shall, to the extent that money is not needed to spend immediately by the Agency under this Act, be invested in such manner as approved by the Minister with the consent of the Minister of finance.


Accounts and reports 34. (1) the Agency shall cause to be kept proper accounts for and reports should be about its activities and shall, as quick as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of accounts the Agency shall include a balance sheet and income and expenditure accounts; and (b) a statement of its activities.

(2) the Agency shall as soon as may send a copy of the statement of account certified by the Auditors and a copy of the Auditors ' report to the Minister which shall be so laid before both houses of Parliament.

(3) of the statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Agency.





34 the laws of Malaysia ACT 679 PART VI the MALAYSIAN QUALIFICATIONS FRAMEWORK Framework 35. (1) the Agency shall be responsible for implementing a National Framework which shall be known as "the Malaysian qualifications framework", which consist of credentials, programs and higher education providers based on a set of criteria and standards, including the learning outcomes achieved and credit based on students ' academic burden.

(2) subject to subsection (4), the Agency may for the purposes of subsection (1) from time to time, amend the framework and can work, cooperate and coordinate with any persons, including government agencies, higher education providers, students, academic staff, quality assurance and accreditation bodies, certification and examination body or employer and in the case of professional programs, professional qualification and higher education providers, the framework shall be amended in accordance with the criteria and standards set by the professional bodies concerned.

(3) section frame is amended under subsection (2) cannot be implemented unless approval is obtained.

(4) the Minister may direct any part of the Frame cannot be amended or changed.


The objective of the Framework 36. The objective of the Framework include the following: (a) to guarantee the standard of qualifications and strengthening the policy of quality assurance;

(b) to encourage accuracy or consistency nomenclature of qualifications;
Malaysian qualifications agency 35 (c) to provide mechanisms for advancement or linkages between qualifications, including qualifications of non-degree and degree;

(d) to promote collaboration between higher education providers and provider of skills training public and private sector;

(e) to promote parity of appreciation between the academic qualifications, professional, technical, vocational and skills;

(f) to establish a credit system to facilitate the accumulation and transfer of credits that can be received in and outside Malaysia;

(g) to conduct public information clear and within easy reach of programmes or qualifications in higher education;


(h) to promote if applicable, identification of eligibility in the form that facilitates its evaluation by any person, including government agencies, higher education providers, students, academic staff, quality assurance and accreditation bodies, professional bodies, body examination and employers; and (i) to state clearly the relationship with qualifications from outside Malaysia.


Compliance Framework 37. (1) no programme or qualification can be accredited laboratories unless the programme or the eligibility to comply with the Framework.

(2) all higher education providers that carry out programmes accredited laboratories or awarding qualifications accredited laboratories shall comply with the framework.
36 laws of Malaysia ACT 679 (3) agency or, in the case of professional programmes, professional qualifications or higher education providers, professional bodies may be, may order that the Frame or any part of the Framework does not apply to any program, qualifications or higher education providers subject to such terms and conditions as it may absolutely deem fit.


PART VII Application for ACCREDITATION WHILE accreditation while 38. (1) an application by higher education providers, other higher education providers referred to under Chapter 4 part VIII, for temporary accreditation program or test shall be made to the Agency in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees prescribed.

(3) the form, manner, documents and fees required under subsection (1) and (2) can be different between the different programmes or qualifications.

(4) At any time after receipt of an application for temporary accreditation, disconnect it and before the Agency may by written notice require that higher education providers that provide documents and additional information within the period specified.

(5) if the additional documents and information required under subsection (4) not given by higher education providers within the period specified or within such extended period as may be allowed by the Agency, the application shall be deemed withdrawn and cannot continue, without prejudice to the rights of that higher education providers to submit a new application.

Malaysian qualifications agency 37 Power to allow or reject the application 39. (1) after considering an application under subsection 38 (1), the Agency may — (a) allow the application and issue a temporary accreditation to higher education providers that after paid the fee prescribed;
or (b) refuse the application, stating the reasons for such rejection.

(2) the Agency may issue a separate temporary accreditation for different premises.

(3) for the purpose of considering an application under subsection 38 (1), the Agency can carry out institutional audit.

Accreditation while 40. (1) a temporary accreditation issued under paragraph 39 (1) (a) shall be valid for the period specified by the Agency in the certification and can be extended by the Agency upon receipt of an application by higher education providers.

(2) the temporary accreditation shall specify the period in which higher education providers must apply for accreditation and if applicable, shall specify the premises of the programme areas to be carried out or developed.

(3) in the case of a programme or qualification abroad, the Agency can declare in accreditation in the meantime that the qualifications or programmes was equivalent to programmes or qualifications in the framework.

(4) higher education providers shall cause a copy of the accreditation while on display in a 38 laws of Malaysia ACT 679 easier to view in premises specified in the certificate of accreditation in the meantime.

(5) higher education providers shall submit the temporary accreditation to the Agency within thirty days from — (a) the date of cancellation of certificate under section 42; or (b) the date of termination of the programme.

The authority to impose conditions 41. The Agency may, at the time or at any time after issue a temporary accreditation under paragraph 39 (1) (a), impose such terms as it may absolutely deem necessary or expedient and may alter, amend or cancel any conditions or to impose new or additional terms from time to time.


Cancellation of accreditation while 42. (1) subject to the provisions of this section, the Agency may, at any time, revoke the temporary accreditation if higher education providers have violated any of the conditions attached to the temporary accreditation.

(2) a written notice of intention to revoke the temporary accreditation shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

(3) higher education providers should be given an opportunity to make representations in writing within thirty days from the date of receipt of the notice in subsection (2).

Malaysian qualifications agency 39 (4) after the expiration of thirty days specified in subsection (3) and after considering any representations made, Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied, within the period specified; or (b) proceed with the proposed action to cancel the accreditation in the meantime.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the temporary accreditation.

(6) the cancellation of temporary accreditation shall not prevent higher education providers from submitting a new application.

(7) If a provisional accreditation is revoked under this section, the Agency shall give notice to the authority or the relevant professional bodies to notify about the cancellation include any necessary recommendations.

Temporary accreditation for professional or professional qualifications programme 43. In the case of accreditation while a programme of professional or professional qualifications locally or overseas, the Agency shall co-operate and make coordination with the relevant professional bodies for the purpose of — (a) to consider an application under subsection 38 (1) and allow or reject

the grant of an application under section 39;

40 laws of Malaysia ACT 679 (b) perform the audit institution under subsection 39 (3);
(c) impose conditions under section 41; and (d) the cancellation of temporary accreditation under section 42.


Temporary accreditation for skills training programme or qualification skills training for 44. In the case of temporary accreditation for a skills training programme or qualification skills training for local or overseas, the Agency shall co-operate and make coordination with the Department of skill development for the purpose of — (a) to consider an application under subsection 38 (1) and allow or refuse the application under section 39;
(b) perform the audit institution under subsection 39 (3);
(c) impose conditions under section 41; and (d) the cancellation of temporary accreditation under section 42.


PART VIII ACCREDITATION Chapter 1 Program and eligibility under the Malaysian qualifications framework Application for accreditation 45. (1) an application by higher education providers for the accreditation program or test that complies with the framework of the programme or the eligibility under Chapter 2, 4 and 5, shall be the Malaysian qualifications agency 41 made to the Agency within the period set out in the provisional accreditation in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees prescribed.

(3) the form, manner, documents and fees required under subsection (1) and (2) can be different between the different programmes or qualifications.

(4) At any time after receiving an application for accreditation and before disconnect it, the Agency may by written notice require that higher education providers that provide documents and additional information within the period specified.

(5) if the additional documents and information required under subsection (4) not given by higher education providers within the period specified or within such extended period as permitted by the Agency, the application shall be deemed withdrawn and cannot continue further, without prejudice to the rights of higher education providers to submit a new application.


Power to allow or refuse accreditation 46. (1) after considering an application under subsection 45 (1), the Agency may — (a) allow the application and issue a certificate of accreditation to higher education providers after paid the prescribed fees; or (b) refuse the application, stating the reasons for such rejection.

42 laws of Malaysia ACT 679 (2) when accreditation under paragraph (1) (a) was issued, the Agency must include details of the certificate into the register.

(3) for the purpose of considering an application under subsection 45 (1), the Agency may conduct institutional audit.

Accreditation 47. (1) the certificate of accreditation shall specify the programs and explain the program premises to be carried out or developed.

(2) higher education providers shall cause a copy of the certificate of accreditation displayed in conspicuous place in the premises specified in the certificate of accreditation.

(3) higher education providers shall submit accreditation to the Agency within thirty days from — (a) the date of cancellation of certificate under section 49; or (b) the date of termination of the programme.


The authority to impose conditions of 48. The Agency may, at the time or at any time after issuing accreditation under paragraph 46 (1) (a), impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.


Cancellation of accreditation 49. (1) subject to the provisions of this section, the Agency may, at any time, revoke the accreditation of Malaysian qualifications agency 43 issued to something higher education providers under paragraph 46 (1) (a) — (a) if higher education providers that failed to comply with the Framework or any part thereof; or (b) if the higher education provider has violated any of the conditions attached to the certificate of accreditation.

(2) a written notice of intention to revoke the accreditation shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

(3) higher education providers should be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied that within the period specified; or (b) proceed with the proposed action to revoke the certificate.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the accreditation.

(6) if accreditation has been revoked, the Agency shall include the date of cancellation to the register and shall be 44 laws of Malaysia ACT 679 notice of cancellation to the relevant authorities.


Chapter 2 Program Professional Application for professional qualifications and accreditation of 50. (1) an application by higher education providers for pengakreditan Professional program or local or professional qualifications beyond his compliance with the Framework shall be made to the agency within the period set out in the provisional accreditation in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees as may be prescribed.

(3) the form, manner, documents and fees required under subsection (1) and (2) can be different between professional programme or different professional qualifications.

(4) At any time after receiving an application for accreditation and disconnect it before, the Agency, in consultation with the Joint Technical Committee established under section 51, may by written notice require that higher education providers to provide documents and additional information within the period specified.


(5) if the additional documents and information required under subsection (4) not given by higher education providers within the period specified or within such extended period as may be allowed by the Agency, the application shall be deemed withdrawn and cannot continue further, without prejudice to the rights of higher education providers to submit a new application.

Malaysian qualifications agency 45 (6) the Agency shall refer the application under this section to the Joint Technical Committee, which shall make recommendations to the relevant professional bodies under subsection 52 (1) for the purpose of accreditation.


Joint Technical Committee 51. (1) a joint technical committee composed of representatives of the professional bodies concerned, an officer of the Agency and any person who is found necessary by the professional bodies concerned shall be established by the relevant professional bodies for the purpose of — (a) to consider an application for accreditation under subsection 50 (1);

(b) make recommendations to allow or reject the application for accreditation under subsection 52 (1);

(c) make recommendations to impose conditions under section 54;

(d) make and carry out institutional audit under subsection 52 (3); and (e) make recommendations for revocation of accreditation under section 55.

(2) a representative of the relevant professional bodies and agencies in the Joint Technical Committee established under subsection (1) may be different from the professional programme or different professional qualifications.


Power to allow or refuse accreditation 52. (1) after considering the recommendations of the Joint Technical Committee under section 51, the relevant professional body may — 46 laws of Malaysia ACT 679 (a) approve the granting of accreditation; or (b) reject the granting of accreditation, stating the reasons for such rejection.

(2) if accreditation is granted under paragraph (1) (a), the Agency shall issue a certificate of accreditation to higher education providers after paid the fee prescribed and shall enter the particulars of the Declaration into a register.

(3) for the purpose of considering an application under subsection 50 (1), any officer of the professional bodies and agencies may conduct institutional audit.


Accreditation 53. (1) the certificate of accreditation shall specify the Professional program and explains the premise that professional program place want to run or developed.

(2) higher education providers shall cause a copy of the certificate of accreditation displayed in conspicuous place in the premises specified in the certificate of accreditation.

(3) higher education providers shall submit accreditation to the Agency within thirty days from — (a) the date of cancellation of certificate under section 55; or (b) the date of termination of the Professional program.


The authority to impose conditions 54. The relevant professional bodies may, on the recommendation of the Joint Technical Committee at the time or at any time after issuing accreditation under subsection 52 (2), impose such terms as it may absolutely deem necessary or customize the Malaysian qualifications agency 47 benefits and may alter, amend or revoke any such condition or impose new or additional terms from time to time.


Cancellation of accreditation of 55. (1) subject to the provisions of this section, the professional bodies concerned may, on the recommendation of the Joint Technical Committee at any time, to withdraw the approval of the accreditation granted to a higher education providers under paragraph 52 (1) (a) and the Agency shall cancel the accreditation — (a) if higher education providers that fail to comply with the Framework or any part thereof; or (b) if higher education providers that contravenes any of the conditions therefore accreditation approved.

(2) a written notice of intention to withdraw approval and to cancel the accreditation under subsection (1) shall be submitted by the Agency, at the direction of the relevant professional bodies, to higher education providers and the notice shall state the reason for the withdrawal and cancellation.

(3) higher education providers should be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the relevant professional bodies on the recommendations of the Joint Technical Committee shall — (a) issuing warnings and instructions so that higher education providers the correct 48 laws of Malaysia ACT 679 until the professional body may be satisfied in a specified period; or (b) proceed with the proposed action to withdraw the approval of the accreditation.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency may, upon the decision of the professional bodies concerned, proceed to cancel the accreditation.

(6) if accreditation has been revoked, the Agency shall include the date of the revocation to the register and shall give notice of cancellation to the relevant authorities.


Chapter 3 programmes and overseas qualifications for accreditation Application 56. (1) an application by higher education providers for accreditation of a programme or qualification abroad, overseas qualifications offered by distance learning and qualifications jointly and joint ventures, in addition to the programme or the eligibility under Chapter 2 and 5, shall be made to the agency within the period set out in the provisional accreditation in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees prescribed.
(3) the form, manner, documents and fees required under subsection (1) and (2) may vary between different programmes and qualifications.

Malaysian qualifications agency 49 (4) At any time after receiving an application for accreditation and before disconnect it, the Agency may by written notice require that higher education providers to provide documents and additional information within the period specified.

(5) if the additional documents and information required under subsection (4) not given by higher education providers

within the period specified or within such extended period as may be allowed by the Agency, the application shall be deemed withdrawn and cannot continue further, without prejudice to the rights of higher education providers to submit a new application.

Power to allow or refuse accreditation 57. (1) after considering an application under subsection 56 (1), the Agency may — (a) allow the application and issue a certificate of accreditation to higher education providers after paid the prescribed fees; or (b) refuse the application, stating the reasons for such rejection.

(2) upon accreditation under paragraph (1) (a) was issued, the Agency must include details of the certificate into the register.

(3) for the purpose of considering an application under subsection 56 (1), the Agency may conduct institutional audit.


58 accreditation. (1) the certificate of accreditation shall specify the programs and explain the program premises to be carried out or developed.
50 laws of Malaysia ACT 679 (2) in the case of a programme or qualification abroad, the Agency can declare in the accreditation that programme or qualification that is equivalent to the qualifications in the framework of the programme or.

(3) higher education providers shall cause a copy of the certificate of accreditation displayed in conspicuous place in the premises specified in the certificate of accreditation.

(4) higher education providers shall submit accreditation to the Agency within thirty days from — (a) the date of cancellation of certificate under section 60; or (b) the date of termination of the programme.


The authority to impose conditions of 59. The Agency may, at the time or at any time after issuing accreditation under paragraph 57 (1) (a), impose such conditions as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.


Cancellation of accreditation 60. (1) subject to the provisions of this section, the Agency may, at any time, cancel the accreditation granted to a higher education providers under paragraph 57 (1) (a) if higher education providers that contravenes any of the conditions attached to the certificate.

(2) a written notice of intention to revoke the accreditation shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.
Malaysian qualifications agency 51 (3) higher education providers shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied that within the period specified; or (b) proceed with the proposed action to revoke the accreditation.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the accreditation.

(6) if accreditation has been revoked, the Agency shall include the date of the revocation to the register and shall give notice of cancellation to the relevant authorities.


Chapter 4 higher education providers of self-accreditation of self-accreditation status upon Application for Assembly 61. (1) upon the invitation of the Minister, an application by higher education providers for of self-accreditation status can be made to the top of undangannya to do so in accordance with such form and manner as may be prescribed.

(2) the Agency, after considering an application under subsection (1) and carry out institutional audit, may allow 52 laws of Malaysia ACT 679 of the application and issue a certificate of self-accreditation status to higher education providers that after paid the fee prescribed.

(3) the Agency may, at the time or at any time after issue of self-accreditation status certificate under subsection (2), impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.

(4) this chapter shall not apply to any professional program or professional qualifications referred to in Chapter 2.


Register the program or qualification 62. (1) higher education providers of self-accreditation may apply to the Agency for the registration of any programme or qualification by any form and manner as may be prescribed.

(2) the Agency, upon receipt of an application under subsection (1), can carry out institutional audit and may be registered in the register of the programme or the eligibility.

(3) agencies, when registering a program or eligibility may impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.

(4) when a programme or qualification is registered in the register, the Agency shall withdraw accreditation after paid the fee prescribed.


Certification and accreditation of self-accreditation 63. (1) the certificate of accreditation shall specify the programs and explain the program premises to be carried out or developed.
Malaysian qualifications agency 53 (2) in the case of a programme or qualification abroad, the Agency can declare in the accreditation that programme or qualification that is equivalent to the qualifications in the framework of the programme or.

(3) higher education providers shall cause a copy of the certificate of self-accreditation or accreditation displayed in conspicuous place in the premises specified in the certificate of self-accreditation or accreditation, as the case may be.

(4) higher education providers of self-accreditation shall deliver a certificate of self-accreditation or accreditation to the Agency within thirty days from — (a) the date of cancellation of certificate of self-accreditation under subsection 64 (1) or the cancellation of registration under subsection 64 (2); or (b) the date of termination of higher education providers of self-accreditation or the program.

Revocation or cancellation of registration of self-accreditation status


64. (1) Subject to the provisions of this section, the Agency may, at any time, cancel the certificate of self-accreditation status issued to higher education providers of self-accreditation under subsection 61 (2) where higher education providers have breached any conditions attached to the certificate.

(2) the Agency may, at any time, cancel the registration of any programme or qualification that is registered under subsection 62 (2) where higher education providers of self-accreditation failed to comply with the requirements of the programme or the eligibility of registered under that subsection.

54 laws of Malaysia ACT 679 (3) a written notice of intention to revoke the accreditation or cancel registration of any programme or qualification shall be conveyed to higher education providers of self-accreditation and the notice shall specify the reasons for the revocation.

(4) higher education providers of self-accreditation shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (3).

(5) after the expiration of thirty days specified in subsection (4) and after considering the representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers of self-accreditation is correct until the Agency is satisfied that within the period specified; or (b) proceeding to cancel the certificate of registration of self-accreditation or cancel the programme or qualification, as the case may be, as proposed.

(6) if higher education providers of self-accreditation it failed to correct the situation as may be required under paragraph (5) (a), the Agency can proceed to cancel the certificate of registration of self-accreditation or cancel the programme or qualification, as the case may be.

(7) If a certificate of self-accreditation was revoked or any programme or qualification has been cancelled, the Agency shall include the date of the revocation to the register and shall give notice of cancellation to the relevant authorities.



Malaysian qualifications agency 55 Chapter 5 skills training programmes and qualifications for accreditation Application 65. (1) an application by any higher education providers for accreditation any — (a) the programme or the eligibility of skills training, in conformity with the Framework, leading to the award of — (i) diploma, advanced diploma or degree programs in addition to Diploma Kemahiran Malaysia or the Malaysian skills Advanced Diploma under the national skills development Act 2006 [Act 652]; or (ii) a certificate in addition to the Malaysian skills certificate under the national skills development Act 2006; or (b) skills training programme or qualification abroad in conformity with the Framework, should be made to the agency within the period set out in the provisional accreditation in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees prescribed.

(3) the form, manner, documents and fees required under subsection (1) and (2) may vary between different programmes and qualifications.

(4) At any time after receiving an application for accreditation and disconnect it before the Agency can, by notice 56 laws of Malaysia ACT 679 writing requires that higher education providers that provide documents and additional information within the period specified.

(5) if the additional documents and information required under subsection (4) not given by higher education providers within the period specified or such extended period as may be allowed by the Agency, the application shall be deemed withdrawn and cannot continue further, without prejudice to the rights of higher education providers to submit a new application.


Power to allow or refuse accreditation 66. (1) after considering an application under subsection 65 (1), the Agency may — (a) allow the application; or (b) refuse the application, stating the reasons for such rejection.

(2) the Agency may, in considering and deciding on an application under subsection 65 (1), request the assistance of any regulator which regulates development skills or any body or association that monitors the development of specific skills.

(3) If an application for the accreditation of any program or qualification has been approved under paragraph (1) (a), the Agency shall issue a certificate of accreditation to higher education providers after paid the fee prescribed.

(4) the Agency shall enter details of accreditation issued under subsection (3) into the register.


Malaysian qualifications agency 57 (5) for the purpose of considering an application under subsection 65 (1), the Agency can carry out institutional audit.


Accreditation 67. (1) the certificate of accreditation shall specify the programs and explain the program premises to be carried out or developed.

(2) in the case of a programme or qualification abroad, the Agency can declare in the accreditation that programme or qualification that is equivalent to the qualifications in the framework of the programme or.

(3) higher education providers shall cause a copy of the certificate of accreditation displayed in conspicuous place in the premises specified in the certificate of accreditation.

(4) higher education providers shall submit accreditation to the Agency within thirty days from — (a) the date of cancellation of accreditation under section 69; or (b) the date of termination of the programme.


The authority to impose conditions of 68. The Agency, with the agreement of the regulator body may, at the time or at any time after issuing a certificate of accreditation under subsection 66 (3), impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.


58 laws of Malaysia ACT 679 of revocation of accreditation 69. (1) subject to the provisions of this section, the Agency with the consent of the regulator body may, at any time, revoke accreditation given to higher education providers under paragraph 66 (3) — (a) if higher education providers that fail to comply with the Framework or any part thereof; or (b) if higher education providers that violation

where the conditions set out in the certificate.

(2) a written notice of intention to revoke the accreditation shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

(3) higher education providers shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied that within the period specified; or (b) proceed with the proposed action to revoke the accreditation.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the accreditation.

Malaysian qualifications agency 59 (6) if accreditation has been revoked, the Agency shall include the date of the revocation to the register and shall give notice of cancellation to the relevant authorities.


Register programs and skills training qualifications accredited laboratories 70. (1) subject to subsection (2), higher education providers may apply to the Agency for registration program or test that has been accredited laboratories by any regulator which regulates skills development under any written law about specific skills in such form and manner as may be prescribed.

(2) the Agency may, upon receipt of an application under subsection (1), register the program or the credentials in the register after being satisfied that the qualifications or programmes comply with the Framework.

(3) after registration programme or qualification that, the Agency shall withdraw accreditation after paid the fee and the certificate shall state the program and explains the premise of the program is to be carried out or developed.

(4) in consultation with the relevant Agency regulators may, at the time or at any time after issuing a certificate of accreditation, impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.

(5) this section shall not apply to any program or entitlement under subsection 65 (1).



60 laws of Malaysia ACT 679 of cancellation of registration 71. (1) subject to the provisions of this section, in consultation with the relevant Agency regulators may, at any time, cancel the registration of any programme or qualification under subsection 70 (2) — (a) if higher education providers that fail to comply with the Framework or any part thereof; or (b) if higher education providers that contravenes any of the conditions attached to the certificate.

(2) a written notice of intention to revoke the registration shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

(3) higher education providers shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied within the time specified; or (b) proceed with the proposed action to cancel the registration.

(5) where higher education providers that fail to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the registration.

Malaysian qualifications agency 61 (6) where the registration has been cancelled, the Agency shall include the date of the revocation to the register and shall give notice of cancellation to the relevant authorities.

(7) higher education providers shall submit accreditation issued under subsection 70 (3) of the Agency within thirty days from the date of cancellation of registration.


Chapter 6 programmes and qualifications of a branch campus Registration program or qualifications accredited laboratories branch campus 72. (1) If a programme or qualification has been accredited laboratories under this Act and the higher education providers intend to carry out a similar programme or award a similar qualification in a branch campus, higher education providers can apply for the registration in the register, program or eligibility to be carried out at the branch campus.

(2) an application for registration under subsection (1) shall be in such form and manner as may be prescribed.

(3) after considering an application under subsection (1) and in the case of a professional program or professional qualifications, after approval of the relevant professional bodies, the Agency can advance — (a) register the qualifications or programmes; or (b) refuse to register the program or the qualifications, stating the reason for such rejection.

62 laws of Malaysia ACT 679 (4) in considering the application, the agency or, in the case of a professional program or professional qualifications, professional bodies may be, can carry out an institutional audit on the branch campus.

(5) after registering the program or eligibility in the register, the Agency shall issue a certificate of accreditation after paid the fee and the certificate shall state the program and explains the premise of the program is to be carried out in accredited laboratories or developed.

(6) the agency or, in the case of a professional program or professional qualifications, professional bodies concerned, may, at the time or at any time after issuing accreditation, impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.

(7) for the purposes of this section, "campus branch" means a branch higher education providers established under any written law.


Cancellation of registration


73. (1) Subject to the provisions of this section, agencies or, in the case of a professional program or professional qualifications, professional bodies concerned, may, at any time cancel the registration of that given to any programme or qualification under subsection 72 (3) where higher education providers have breached any conditions attached to the certificate of accreditation.

(2) a written notice of intention to revoke the registration shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

Malaysian qualifications agency 63 (3) higher education providers shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the agency or, in the case of a professional program or professional qualifications, professional bodies concerned, shall — (a) issuing warnings and instructions so that higher education providers is correct up to agencies or professional bodies concerned, as the case may be , are satisfied within the time specified;
or (b) proceed with the proposed action to cancel the registration.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), of the agency or, in the case of a professional program or professional qualifications, on the advice of the relevant professional bodies, can proceed to cancel the registration.

(6) where the registration has been cancelled, the Agency shall include the date of the revocation to the register and shall give notice of the cancellation to the relevant authorities.

(7) higher education providers shall submit accreditation issued under subsection 72 (5) to the Agency within thirty days from the date of cancellation.




64 the laws of Malaysia ACT 679 Chapter 7 prior Learning and credit transfer Application for accreditation of 74. (1) an application by higher education providers for pengakreditan criteria and procedures for recognition of prior learning and credit transfer for someone among the programmes accredited laboratories or accredited laboratories should be made to the Agency in such form and manner as may be prescribed.

(2) every application shall be accompanied by any documents, information and fees prescribed.

(3) the form, manner, documents and fees prescribed under subsection (1) and (2) may be different from the experiences, learning and transfer of credits that are different.

(4) At any time after receiving an application for accreditation under subsection (1) and disconnect it before, Agencies may by written notice require the higher education providers provide documents and additional information within the period specified.

(5) if the additional documents and information required under subsection (4) not given by higher education providers within the period specified or such extended period as may be allowed by the Agency, the application shall be deemed withdrawn and not proceed further, without prejudice to the rights of higher education providers to submit a new application.

(6) for the purposes of this chapter, "prior learning" means knowledge, skills or attitudes acquired previously and includes previous experience.



Malaysian qualifications agency 65 Power to allow or refuse accreditation 75. (1) when considering an application under subsection 74 (1) other than for credit transfers between professional program accredited laboratories or professional qualifications accredited laboratories, Agencies may — (a) allow the application and issue a certificate of accreditation to higher education providers after paid the prescribed fees; or (b) refuse the application, stating the reasons for such rejection.

(2) the Agency shall enter details of accreditation to the register.

(3) for the purpose of considering an application under subsection 74 (1), the Agency may conduct institutional audit.

(4) the provisions of Chapter 2 shall apply according to the same way for transfer of credits between professional program accredited laboratories or professional qualifications accredited laboratories.


The authority to impose conditions 76. The Agency may, at the time or at any time after issuing accreditation under paragraph 75 (1) (a), impose such terms as it may absolutely deem necessary or expedient and may alter, amend or revoke any such condition or impose new or additional terms from time to time.


Cancellation of accreditation 77. (1) subject to the provisions of this section, the Agency may, at any time, revoke accreditation given to higher education providers under paragraph 75 (1) (a) — 66 laws of Malaysia ACT 679 (a) if higher education providers that fail to comply with the Framework or any part thereof; or (b) if higher education providers that contravene any conditions attached to the certificate.

(2) a written notice of intention to revoke the accreditation shall be conveyed to higher education providers and the notice shall specify the reasons for the revocation.

(3) higher education providers shall be given an opportunity to make representations in writing within thirty days from the date of notice in subsection (2).

(4) after the expiration of thirty days specified in subsection (3) and after considering any representations made under that subsection, the Agency shall — (a) issuing warnings and instructions so that higher education providers is correct until the Agency is satisfied that within the period specified; or (b) proceed with the proposed action to revoke the accreditation.

(5) where higher education providers failed to correct as may be required under paragraph (4) (a), the Agency can proceed to cancel the accreditation.

(6) if accreditation has been revoked, the Agency shall include the date of the revocation to the register and shall give notice of the revocation to the appropriate authority.




Malaysian qualifications agency 67 PART IX OTHER CREDENTIALS EVALUATION Application for equivalent assessment 78. (1) any person may apply to the Agency that

assessment of the eligibility of higher education providers or programs carried out within or outside Malaysia is certified as equivalent to the qualifications in the framework.

(2) an application under subsection (1) shall be in such form and manner as may be prescribed.

(3) every application shall be accompanied by any documents, information and fees as may be prescribed.


Evaluation of 79. (1) upon receipt of an application under subsection 78 (1), agencies or in the case of a professional program or professional qualifications, professional bodies concerned shall evaluate the qualifications or programmes and can certify the qualifications or programmes as equivalent to the programme or the eligibility in the Framework.

(2) for the purposes of valuation under subsection (1), the agency or the relevant professional bodies, as the case may be, may — (a) require any person to give any information and details as may be required to decide on the application;

(b) either, cooperate or coordinate with any persons, including government agencies, higher education providers, student bodies, academic staff, 68 laws of Malaysia ACT 679 of quality assurance and accreditation bodies, professional bodies and employers; and (c) to establish a Committee for the purpose of considering, verify and make recommendations on the application.

(3) if the agency or professional bodies concerned, as the case may be, certify the qualifications or programmes as equivalent to the qualifications in the framework, the Agency shall issue a certificate of equivalence, in such form as may be prescribed, to the applicant after paid the fee prescribed.

(4) no action may be taken against agencies, professional bodies concerned, the Chief Executive Officer or to any Agency officer if a certificate issued under subsection (3) are not accepted for the purposes of employment or for admission to further education.


Part X INSTITUTIONAL AUDIT Audit institution 80. (1) for the purposes of this Act, the Agency may establish committees for institutional audit comprising people with special knowledge and experience in matters relating to institutional audit as may be prescribed, to perform any obligation in relation to institutional audit under this Act.

(2) an institutional audit shall be carried out for the purposes of this Act in accordance with the procedure of institutional audit specified.

(3) the membership of the audit committee of institutions and procedures regarding institutional audit can vary according to the purpose of the institutional audit.
Malaysian qualifications agency 69 PART XI MALAYSIAN QUALIFICATIONS REGISTER Malaysian qualifications register 81. (1) the Agency shall hold and maintain a national register, known as the "Malaysian qualifications register" in such form and manner as may be prescribed that contains program, qualifications and higher education providers who are accredited laboratories under this Act.

(2) the Register shall be the national reference for standards and points of articulation for all programmes, qualifications and accredited laboratories.

(3) the Agency shall make the Register available for public inspection subject to such conditions as he thinks fit.

(4) any person may by paying the fee prescribed — (a) inspect the register; and (b) make copies of, or take extracts from, the register.


PART XII APPEAL Appeal 82. (1) subject to subsection (2), any higher education provider aggrieved by — 70 laws of Malaysia ACT 679 (a) the refusal of the Agency to allow a temporary accreditation or accreditation respectively under part VII or part VIII; or (b) the cancellation of temporary accreditation or accreditation respectively under part VII or part VIII, may appeal in writing to the Minister within thirty days from the date of refusal or revocation is served upon the higher education providers.

(2) any higher education provider aggrieved by — (a) the refusal of the relevant professional bodies to provide a temporary accreditation or accreditation in respect of a professional or professional credential program under Chapter 2 part VIII;
or (b) the revocation of accreditation in respect of a professional or professional credential program under Chapter 2 part VIII, may appeal in writing to the Committee of appeal within thirty days from the date of refusal or revocation is served upon the higher education providers.

(3) for the purposes of this part, "Appeal Committee" means a group of persons consisting of such number of representatives appointed by the relevant professional bodies and an officer of the Agency.


Minister's power on Appeal Committee or appeal 83. (1) the Minister or the Committee of appeal, as the case may be, may, on an appeal made under section 82, the Malaysian qualifications agency 71 confirm, revoke or vary the decision appealed against.

(2) the results of an appeal shall be conveyed in writing to the Agency and the person making the appeal under subsection (1).


Decision of the Minister or the Committee of Appeal appeal of 84. Decision of the Minister or the Committee of appeal, as the case may be, on an appeal shall be final.


PART XIII ENFORCEMENT and INVESTIGATIONS authorized officers 85. For the purposes of this Act or any regulations made under this Act, the Minister may appoint any officer as an officer authorized to perform any duty relating to enforcement and investigation under this act as may be specified in the authorisation.


Powers of authorized officers 86. An officer authorized shall have all the powers to — (a) investigate any offence under this Act or any regulations made under this Act;

72 the laws of Malaysia ACT 679 (b) carrying out any investigation under this Act or any regulations made under this Act; and (c) to enforce any provision of this Act or any regulations made under this Act.


Power of inspection of 87. (1) an authorized officer may, by notice in writing, require any person who knew

the facts and circumstances of a case to attend before it and to be examined orally and shall change into writing any statement made by the person examined.

(2) any statement made by any person under this section shall be admissible in evidence in any proceedings in the Court under this Act or any regulations made under this Act against the person or against any other person.


Production of documents, etc.

88. (1) when carrying out an investigation or inspection under this Act or any regulations made under this Act authorized officer may — (a) require any person to produce to him any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries; and (b) examine, make copies, take extracts from, remove and detain any book, minutes book, register, documents, financial statements, materials or Malaysian qualifications agency 73 other articles in physical form or in electronic intermediaries.

(2) authorized officers can authorise any person, as may be necessary, to examine any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries who were detained and taken possession of by authorized officers.


Seizure of documents, etc.

89. If an authorized officers carrying out an investigation under this Act or any regulations made under this Act has reason to believe that an offence has been committed against this Act or any regulations made under this Act, he may seize any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries , submitted under section 88 and books, the minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries shall be admissible in evidence in any proceedings in the Court under this Act or any regulations made under this Act against the person or against any other person.


Application for a search warrant 90. If an officer is empowered to have reasonable cause to believe that any premises has been used, is being used or to be used for, or there is in any premises the evidence needed to prove the Commission of an offence under this Act or any regulations made under the Act, he or she can apply for a search warrant to a Magistrate by way of information writing swear.

74 laws of Malaysia ACT 679 Power Magistrate to issue a search warrant 91. If the Magistrate is satisfied that there is conduct an offence under any provision of this Act or any regulations made under this Act, he may issue a search warrant that allows authorized officers, at any reasonable time either day or night and with or without the help of — (a) to enter any premises, if necessary by force, that has been used or to be used , for the Commission of an offence under this Act or any regulations made under this Act;

(b) to search and seize, and remove any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries — (i) in respect of which an offence has been committed;

(ii) in respect of which an offence suspected to have been committed; or (iii) reasonably believed could serve as evidence of the Commission of the offence;
or (c) to detain every person found in the premises until the completion of the premises searched.

Search and seizure without a warrant 92. If an officer is empowered to have reasonable cause to believe that, by reason of the delay in obtaining a search warrant under section 91 — Malaysian qualifications agency 75 (a) of the investigation it will be affected;

(b) the purpose of the entry is likely to be terkecewa;

(c) books, the minutes book, register, documents, financial statements, material or other articles which sought may be moved or tampered with; or (d) the information sought may be interrupted or destroyed, he can run inside, and respect of, the premises of higher education providers all the powers referred to in section 91 by way of fully and adequately as if he is authorized to do so by a warrant issued under that section.


Production of card power 93. (1) an authorized officer when exercising any power under this Act or any regulations made under this Act shall declare his Office and shall submit to the person against whom he is acting or from whom he requires any information that, any card as directed by the Minister to be brought by the officer.

(2) Card of the powers specified in subsection (1) shall be issued by the Minister.


There are no costs or damages arising from seizure can be obtained 94. No person shall, in any proceedings before any court in respect of anything seized or detained in exercise or purporting to 76 laws of Malaysia ACT 679 exercise any of the powers conferred under this Act or any regulations made under this Act, entitled to the cost of the proceedings or any damages or other relief, in addition to an order for the return of things seized or withheld , or costs down unless the seizure or detention is made without reasonable cause.

PART XIV of the OFFENCE and PENALTY interpretation of 95. For purposes of this part — "certificate" means a temporary accreditation, certification, accreditation or certification of self-accreditation equivalents, as the case may be;

"accredited laboratories program" means a program that temporarily accredited laboratories or accredited laboratories under this Act, as the case may be;

"accreditation" means the temporary accreditation or accreditation granted under this Act.


Registration of students for allegedly accredited laboratories


96. Any person registering students for a program that has been claimed as the program accredited laboratories without a certificate commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Malaysian qualifications agency 77 Prohibition of advertising, etc.

97. (1) No person shall furnish or promote itself as a higher education providers as higher education providers that provide program accredited laboratories or give qualifications accredited laboratories, whether through advertising, prospectuses, brochures or otherwise, unless the higher education provider accredited laboratories under this Act.

(2) No person shall promote a program as the program accredited laboratories, whether through advertising, prospectuses, brochures or otherwise, unless the program has accredited laboratories under this Act.

(3) any person who contravenes subsection (1) and (2) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Offences and penalties in relation to higher education qualifications 98. Any person who is granted accreditation under this Act to issue or honour any higher education qualifications in compliance with the framework of the allegedly guilty of an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.


Offences and penalties in relation to an application made under the Act 99. Any higher education providers which, at the time of application for provisional accreditation or accreditation or any person making a request for assessment under this Act, make any statement that 78 laws of Malaysia ACT 679 he knows are false, or that he does not believe to be true, or intentionally hide any material facts, or provide any information which is misleading in any material particular commits an offence details and can , on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Offences and penalties in relation to a certificate of 100. (1) where — (a) any higher education providers failed to cause a copy of the certificate displayed in accordance with this Act;

(b) any higher education providers that have been halted from programmes failed to submit recommendations to the Agency in accordance with this Act; or (c) any higher education providers, when revoked certificate, failed to submit recommendations to the Agency in accordance with this Act, higher education providers is guilty of an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or both of each.

(2) any person who has in his possession any false declaration commits an offence and shall, on conviction, be fined not less than twenty thousand ringgit or to imprisonment for a term not less than one year but not exceeding three years or to both.


Malaysian qualifications agency 79 Offences relating to inspections, enforcement and investigation 101. Any person — (a) fails to produce any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries, required by authorized officers under this Act; or (b) that prevent or refuse to allow an officer authorized under this Act to — (i) enter any building or structural spaces including on it which is owned or used, either on a regular basis or otherwise, or whether or not registered for use, by higher education providers;

(ii) examine any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries, as it considers necessary;

(iii) remove and detain any book, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries which, in his opinion, can testify to the Commission of an offence under this Act or any regulations made under this Act; or (iv) to require any person, who is a member of the Council, the Chief Executive Officer, officer or employee of higher education providers, to submit to its inspection of any books, books of hours, 80 laws of Malaysia ACT 679 Express, documents, financial statements, material or other articles in the physical form or in electronic intermediaries, which is in its possession or custody of such person or under his control or in his power to give the relating to the management of higher education providers or relating to programmes conducted by the education providers the high;

(c) summoned under section 87 and without reasonable excuse fails to attend at the time and in the place referred to in the summons, or, after the show, refused to answer any questions posed to him lawfully in accordance with the law;

(d) fails to produce any books, minutes book, register, documents, financial statements, material or other articles in the physical form or in electronic intermediaries, required by authorized officers under section 88; or (e) that prevent or menggalang a person authorized officers while exercising any of its powers under section 86, 87, 88 or 89, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.

SECTION XV of the VARIOUS Initialization prosecution 102. No prosecution for or in relation to any offence under this Act or any regulations Malaysian qualifications agency 81 made under the Act shall be instituted except by or with the written consent of the public prosecutor.


The jurisdiction of the magistrate first class 103. Notwithstanding anything contained in any written law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act or any regulations

regulations made under this Act and for the full sentence for any such offence.

Offences by body corporate, etc.

104. If an offence under this Act or any regulations made under this Act has been committed by a body corporate, partnership or Association — (a) in the case of a body corporate, any person who is a Director, Manager, Secretary or other similar officer of the body corporate at the time of the Commission of the offence;

(b) in the case of a partnership, every partner in the partnership at the time of the Commission of the offence; or (c) in the case of an association, every office bearer of the Association at the time of the Commission of the offence, can be prosecuted separately or in association in the same proceedings together with a body corporate, partnership or association and shall be deemed to have committed such offence unless he proves that it was committed without his knowledge or pembiarannya or that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.
82 the laws of Malaysia ACT 679 compounding of offences 105. (1) the Agency may, with the consent of the Prosecutor, make an offer in writing to compound any offence committed by any person under this Act or any regulations made under this Act and designated as compoundable under this Act by making an offer in writing to that person to compound the offence on payment to an amount not exceeding fifty per cent of the amount of the maximum fine for the offence , within the time stated in the offer.

(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for the offense started.

(3) if the amount set out in subsection (1) is not paid within the time stated in the offer or in any extended period granted by the Agency, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.

(4) If an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made and if ownership had been taken against any books, records or other documents or any other articles, books, records or documents or other items may be released subject to any conditions imposed by the conditions of the compound.

(5) the amount of money received under this section shall be paid into and form part of the consolidated fund.



Malaysian qualifications agency 83 Penalty General 106. A person who commits an offence under this Act or any regulations made under this Act for which no penalty is provided for expressly shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or both of each.


Penalties in the case of ongoing offence 107. Any person who commits an offence under this Act or any regulations made under this Act shall, in the case of a continuing offence, may, in addition to any other penalties he is liable under this Act or any regulations made under this Act in respect of that offence, the daily fine not exceeding one thousand dollars for each day the offence continues after conviction.


108 presumption. In any proceedings for an offence under this Act or any regulations made under this Act when it has been proved that any application, information, details, statement, account, records, documents or statements, whether written or not, is — (a) is false or untrue in whole or in part;
or (b) misleading in any material particulars, shall be presumed until the contrary is proved that the applications, information, details, statement, account, records, documents or statements that are false or incorrect in whole or in part or misleading in what-84 laws of Malaysia ACT 679 what material things, as the case may be, on the knowledge of the person signing, send or supply it.


Public servants 109. Every Member of the Council or any of its committees, any officer, employee or agent of the Agency and any member of the Committee and any member of the Joint Technical Committee while on duty or perform functions or exercise of its powers under this Act or any regulations made under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Protection from legal action and legal proceedings 110. No action can be taken or prosecution can be brought, instituted or maintained against — (a) Agency, any member of the Committee or any officer, employee or agent of the Agency;

(b) the Council, any member of the Tribunal, or any member of its committees;

(c) Joint Technical Committee or any of its members; or (d) any other person lawfully acting on behalf of the agency or Council, in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith on such properties.
Malaysian qualifications agency 85 Public authorities Protection Act 1948 111. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Agency, the Council, any member of the Council and its committees, any officer, employee or agent of the Agency and its committees and any member of the Joint Technical Committee in respect of any act, neglect or default made or done by him on such nature.


112. The obligation of confidentiality (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no Council Member, officer, employee or

agents of the Agency can disclose any information which has been diperolehnya while performing his duties and who is not published in accordance with this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Power to exclude 113. (1) the Minister may in addition to professional program or professional qualifications, by order published in the Gazette exempt, subject to such conditions as he may deem fit to impose — (a) any registered higher education providers appropriate under any law in force;

(b) any person or group of persons; or 86 laws of Malaysia ACT 679 (c) any higher education providers, from all or any provisions of this Act or any regulations made under this Act.

(2) the Minister may, at any time, by order published in the Gazette, revoke any order made under subsection (1) if he is satisfied that the exemption no longer should be given.


The power to make regulations 114. (1) the Minister may make regulations that it considers necessary or expedient to implement in full or in carrying out the provisions of this Act.

(2) without prejudice to the generality of subsection (1), the Minister may make regulations in respect of — (a) prescribing the manner of applying for temporary accreditation or accreditation under this Act, the particulars of which shall be furnished by the applicant, the accreditation and the conditions to be imposed;

(b) prescribing forms for the purposes of this Act;

(c) prescribing the fees and charges payable under this Act and the manner of collecting and paying the fees and charges;

(d) prescribing the records and documents which shall be kept and statement shall be submitted;

(e) prescribing the procedure to be followed in administering the Fund;

(f) establish a procedure and error that can be compounded;
Malaysian qualifications agency 87 (g) to Institute regulation of all or any of the Agency's activities and in general the implementation of functions, the exercise of powers and performance of duties under this Act;

(h) grant any other things expected by, or as may be necessary to fully enforce the provisions of this Act, and appropriate provisions for the administration of it.


PART XVI revocation, SAVINGS and TRANSITIONAL Repeal and dissolution of 115. National Accreditation Board Act 1996 [Act 556] repealed (repealed "Act") and national accreditation Board ("Board") dissolved.


The transfer of power, etc.

116. The powers, rights, privileges, liabilities, obligations and obligations before the specified day is the powers, rights, privileges, liabilities, obligations and duties of the Board shall be from that day down to the Agency.


Pemindahmilikan property of 117. (1) the land before the specified day, vested in or reserved under any written law relating to land for the purpose of the Board shall be vested in or be deemed to be reserved for the purposes of the Agency.

88 the laws of Malaysia ACT 679 (2) all property and assets other than land before prescribed vested in the Board or in any person on behalf of the Board, as the case may be, shall on that day, vested in the Agency.


Existing contract 118. All deeds, bonds, agreement, instrument and work arrangements that existed before the day specified and touching any property that dipindahmilikkan under section 117 shall have effect and the full effects against or in favour of the Agency and may be enforced fully and effectively as if, in lieu of the Board or any person acting on behalf of the Board, the Agency was renamed it or become a party to it.

Transfer money in the funds of the 119. All the money in or payable into the Fund Board established under the repealed Act shall on the day specified transferred into and be deemed to be part of the Fund established under section 28 of this Act.


Membership of the Board of 120. (1) Notwithstanding anything to the contrary, the Board and any Committee appointed under the repealed Act who held office before the specified day shall cease to hold office on that day.

(2) no nothing in subsection (1) may affect the accountability of the Board members in Office and will stop as soon as practicable after the day specified, the Board shall prepare and submit to the Minister a report including the statement of the Malaysian qualifications agency 89 finance required under Act repealed, but the report shall be limited to the period from 1 January of the year concerned until days before the day specified.


Continuation of officers and servants 121. The person on the day specified service as an officer and taken servants of the Board under the Act repealed shall continue to be the officers and servants of the Agency under this act as if they have been appointed under section 22 of this act upon the same terms and conditions for a period which ends on the day of their appointment under the Act repealed is supposed to end.

Saving for certificates and 122. (1) Notwithstanding the repeal and dissolution under section 115 or any of the provisions of this Act to the contrary, every person who, before the specified day, hold a valid certificate issued to him under the repealed Act shall be deemed to be accredited laboratories under this Act until the expiry of the certificate and is subject to the terms and conditions attached to it.

(2) every certificate according to the currency of a person deemed under subsection (1) accredited laboratories under this Act shall be deemed to have been issued under this Act; and the Agency can amend the terms and conditions attached to the certificate for the purpose of menyelaraskannya with agency policy regarding imposition of conditions for accreditation under this Act.

(3) If a higher education providers accredited laboratories registered under subsection (1) wishes to accredited laboratories under this Act after the expiry of the period for which he characterized accredited laboratories under this Act, he may apply to the Agency for a certificate

accreditation in accordance with the regulations made under this Act, notwithstanding anything to the contrary, and application 90 laws of Malaysia ACT 679 shall be regarded as a new application and not as an application for renewal of accreditation.

(4) All the stored and maintained under the repealed Act shall be deemed to be the kept and maintained under this Act and shall be deemed to be part of it.


Continuation of application, etc., pending 123. (1) all applications, approval or decision, on appeal or otherwise, which is pending before the Board under this Act shall be repealed on the day the set managed by the Agency under this Act.

(2) all applications, approval or decision, on appeal or otherwise, which is pending before the Minister under the Act shall be repealed on the day the set managed by the Minister under this Act.

(3) all instrument, certificate or document lodged with the Board under the Act is repealed before the day specified shall be on the day specified lodged with the Agency.


Civil and criminal proceedings continuation of 124. (1) Good abolition under section 115 or anything contained in this Act shall affect the liability of any person prosecuted or sentenced for offences under the Act is repealed before the day specified, or any proceedings brought before that day in respect of such offences.

(2) any proceedings, whether civil or criminal, or cause of action is pending or that existed before the day fixed by or against the Board or any person acting on the Malaysian qualifications agency 91 on behalf of the Board may be continued or commenced by or against the Agency as it may be continued or commenced by or against the Board or any such person as if this Act was not made.

(3) any appeal brought or any truth appeal applied for on or after the day specified against a decision given before that day in any legal proceedings to which the Board is a party may be brought by or against the Agency.


Sound in law or document 125 on the Board. A reference in any law or document (s) before the day specified on the Board shall be construed as a reference to the Agency.


Continuation of the use of the name of 126. (1) Notwithstanding section 115 and 125, the Agency can continue to use the name "National Accreditation Board" for the purpose of maintaining the good name or for any purpose that is deemed fit by the Agency.

(2) no other person may use the name "National Accreditation Board" except with the prior written approval of the Agency.

(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit.


Prevention of 127 anomalies. (1) the Minister may, after consultation with the Agency, where it considers necessary or expedient to do 92 laws of Malaysia ACT 679, therefore, 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 any law existing as he may deem fit.

(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of two years from the day specified.
























Malaysian qualifications agency 93 TABLE [Subsection 11 (3)] of the meeting 1. (1) the Council meets at least once every three months at any time and in any place designated by the Chairman.

(2) notice in writing of at least fourteen days shall be given to members of the Council.

(3) the Chairman shall preside at meetings of the Council.

(4) a quorum of the Council is eight people.
(5) every Member present shall be entitled to one vote.

(6) If for a question to be determined by the Council there is equality of votes, the Chairman shall have the casting vote.


The Council may invite others to meetings 2. (1) the Council may invite any person to attend the 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 or deliberation.

(2) any person invited under subparagraph (1) may be paid such fee as may be determined by the Council.


Disclosure of interest 3. A member who has, directly or indirectly, by himself or through his partner, any interest in any company or undertaking which the Agency intends to make any contract or who has any interest in any contract or in any matter under discussion by the Council shall disclose to the Council the fact and the nature of his interest, and the disclosure shall be recorded in the minutes of the Council and , unless specifically authorized by the Chairman, the Member cannot take part in any deliberation or decision of the Council relating to the contract or that matter.
94 Minutes 4. (1) the Council shall cause minutes of all its meetings in order to be maintained and stored in a proper form.

(2) minutes made of meetings of the Council, if duly signed, shall be received in evidence in all legal proceedings without further proved.

(3) every meeting of the Council with respect to its proceedings minutes were made in such a way shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.

Manufacturing and the validity of the proceedings 5. There are no any act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or there is a defect in the formation of the Council;
(b) violations of the provisions of paragraph 3 by any Member; or (c) any omission, defect or ketidakteraturan that are not touching the merits of it.

The procedure 6. Subject to this Act, the Council shall establish its own procedure.



Members should devote time to the business of Council 7. Every Member should devote time to the business of the Council as may be necessary to meet their obligations effectively.


The appointment shall be published 8. The appointment of every Member of the Council shall be published in the Gazette.


95 laws of MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 LIST AMENDMENT of laws that amend the short title effect from-No-96 laws of MALAYSIA Act 679 MALAYSIAN QUALIFICATIONS AGENCY ACT 2007 LIST SECTION AMENDED Section Power amend with effect from-no-