ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007

1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 .

[Am. by Act A1385]

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette , and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires:

"this Act" includes any subsidiary legislation made under this Act;

"prescribed" means prescribed by the Minister by regulations;

"fraudulent travel or identity document" means a travel or identity document that:

(a) has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country;

(b) has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

(c) is being improperly used by a person other than the rightful holder;

"exploitation" includes all forms of sexual exploitation, forced labour or services, sl
3 PART I PRELIMINARY-3. Scope of application.

The offences under this Act apply, regardless of whether the conduct constituting the offence took place inside or outside Malaysia, and whatever the nationality or citizenship of the offender in the following circumstances:

[Am. by Act A1385]

(a) if Malaysia is the receiving country or transit country or the exploitation occurs in Malaysia; or

[Am. by Act A1385]

(b) if the receiving country or transit country is a foreign country but the trafficking in persons or smuggling of migrants starts in Malaysia or transits Malaysia.

[Subs. by Act A1385]

4 PART I PRELIMINARY-4. Extension of Act to extra territorial offences.

Any offence under this Act committed:

(a) on the high seas on board any ship or on any aircraft registered in Malaysia;

(b) by any citizen or permanent resident of Malaysia on the high seas on board any ship or on any aircraft; or

(c) by any citizen or any permanent resident in any place outside and beyond the limits of Malaysia,

may be dealt with as if it had been committed at any place within Malaysia.

5 PART I PRELIMINARY-5. Prevailing law.

(1) The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to trafficking in persons and smuggling of migrants.

[Am. by Act A1385]

(2) In the event of any conflict or inconsistency between the provisions of this Act and those of any other written laws, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of such other written laws shall, to the extent of the conflict or inconsistency, be deemed to be superseded.

5A PART IA HIGH LEVEL COMMITTEE-5A. High Level Committee.

(1) A High Level Committee shall be established consisting of the ministers of the Ministries who are represented on the Council.

(2) The High Level Committee shall be chaired by the Minister.

[Ins. by Act A1500]

5B PART IA HIGH LEVEL COMMITTEE-5B. Meetings of the Committee.

The High Level Committee shall meet as often as may be necessary.

[Ins. by Act A1500]

5C PART IA HIGH LEVEL COMMITTEE-5C. Function of the Committee.

The High Level Committee shall deliberate on and decide the recommendations made by the Council.

[Ins. by Act A1500]

6 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-6. Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants.

(1) A body to be known as Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants shall be established for the purpose of this Act.

(2) The Council shall consist of the following members:

(a) the Secretary General of the Ministry responsible for internal security, who shall be the Chairman;

(b) the Secretary General of the Ministry responsible for foreign affairs, or his representative;

(c) [Deleted by Act A1500] ;

(d) the Secretary General of the Ministry responsible for women, family and community development, or his representative;

(e) the Secretary General of the Ministry responsible for human resources, or his representative;

(f) the Secretary General of the Ministry responsible for transport, or his representative;

(g) the Secretary General of the Ministry responsible for information, or his rep
7 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-7. Functions and powers of the Council.

(1) The Council shall perform the following functions:

(a) coordinating the implementation of this Act;

(b) formulating policies and programmes to prevent and combat trafficking in persons and smuggling of migrants;

(c) formulating protective programmes for trafficked persons;

(d) initiating education programmes to increase public awareness of the causes and consequences of the act of trafficking in persons and smuggling of migrants;

(e) monitoring the immigration and emigration patterns in Malaysia for evidence of trafficking in persons and smuggling of migrants and to secure the prompt response of the relevant government agencies and non-governmental organizations to problems on trafficking in persons and smuggling of migrants brought to its attention;

(f) advising the Government on the issues of trafficking in persons and smuggling of
8 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-8. Power of Minister to issue directions.

The Minister may, from time to time, give the Council directions not inconsistent with this Act as to the performance of the functions and powers of the Council and the Council shall give effect to such directions.

9 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-9. Meetings of Council.

(1) The Council shall meet as often as may be necessary for the performance of its functions at such time and place as the Chairman may determine.

(2) Seven members, including the Chairman, shall form the quorum of a meeting of the Council.

(3) The Chairman shall preside over all its meetings.

(4) If the Chairman is unable for any reason to preside any meeting of the Council, the meeting shall be presided by a member elected from amongst the members present.

(5) The Council may invite any person to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(6) At any meeting of the Council, the Chairman shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote.

(7) Any person invited under subsection (5) may be paid such allowance as the Minister may
10 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-10. Establishment of committees.

(1) The Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions and the exercise of its powers under this Act.

(2) A committee established under subsection (1):

(a) shall be chaired by any member of the Council specified under paragraphs 6(2) (b) to (m) ;

(b) shall conform to and act in accordance with any direction given to it by the Council; and

(c) may determine its own procedure.

(3) Members of the committees established under subsection (1) may be appointed from amongst members of the Council or such other persons as the Council thinks fit.

(4) Except for members of the committees appointed from amongst members of the Council, any other persons appointed as members of the committees may be paid such allowance as the Minister may determine.

(5) A member of a c
11 PART II COUNCIL FOR ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS-11. Secretary of the Council and other officers.

(1) The Minister shall appoint a public officer to be the Secretary of the Council and such other public officers as may be necessary to assist the Council.

[(1) Am. by Act A1500]

(2) The Secretary of the Council shall have any duties and functions as may be determined by the Minister.

[(2) Ins. by Act A1500]

12 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-12. Offence of trafficking in persons.

Any person, who traffics in persons not being a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years, and shall also be liable to fine.

[Am. Act A1644:s.4]

13 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-13. Aggravated offence of trafficking in persons.

Any person who commits an offence of trafficking in persons, where the trafficked person not being a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition where any of the following applies:

( a ) in committing the offence, the person caused grievous hurt to the trafficked person or to any other person;

( b ) in committing the offence, the person caused death to the trafficked person or to any other person;

( c ) in committing the offence, where caused by or at the time the person was trafficked, the trafficked person committed suicide;

( d ) in committing the offence, the person exposed the trafficked person to life threatening diseases, including the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS);

( e ) in committing the offence, the person engag
14 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-14. Offence of trafficking in children or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition.

[Shoulder note. Am Act A1644:s.6]

(1) Any person, who traffics in persons being a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition, commits an offence and shall, on conviction, be punished with imprisonment for life or with imprisonment for a term which shall not be less than five years, and shall also be liable to whipping.

[Renumbering. & Am. Act A1644:s.6]

(2) In a prosecution for an offence under this section, the means used against a trafficked person who is a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition is irrelevant and is not a requirement to be proved.

[(2) Ins. Act A1644:s.6]

15 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-15. Offence of profiting from exploitation of a trafficked person.

Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence.

[Subs. by Act A1385]

15A PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-15A. Offence in relation to trafficked person in transit.

Any person who brings in transit a trafficked person through Malaysia by land, sea or air, or otherwise arranges or facilitates such act commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.

[15A. Ins. Act A1385:s.11; Am. Act A1644:s.7]

16 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-16. Consent of trafficked person irrelevant.

In a prosecution for an offence under section 12, 13 or 14, it shall not be a defence that the trafficked person consented to the act of trafficking in persons.

17 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-17. Past sexual behaviour irrelevant.

A trafficked person's past sexual behaviour is irrelevant and inadmissible for the purpose of proving that the trafficked person was engaged in other sexual behaviour or to prove the trafficked person's sexual predisposition.

17A PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-17A. Movement or conveyance of trafficked person irrelevant.

In a prosecution for any offence under this Part, the prosecution need not prove the movement or conveyance of the trafficked person but that the trafficked person was subject to exploitation.

[Ins. by Act A1385]

18 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-18. Fraudulent travel or identity documents.

Any person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for the purpose of facilitating an act of trafficking in persons commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit.

19 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-19. Recruiting persons.

Any person who knowingly recruits, or agrees to recruit, another person to participate in the commission of an act of trafficking in persons, commits an offence and shall, on conviction be punished, with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.

[Am. Act A1644:s.8]

20 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-20. Providing facilities in support of trafficking in persons.

Any person being:

(a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permits a meeting to be held in that premises, room or place; or

(b) the owner, lessee or person in charge of any equipment or facility that allows for recording, conferencing or meetings via technology, knowingly permits that equipment or facility to be used,

for the purpose of committing an offence under this Act, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

21 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-21. Providing services for purposes of trafficking in persons.

(1) Any person who, directly or indirectly, provides or makes available financial services or facilities:

(a) intending that the services or facilities will be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of an act of trafficking in persons, or for the purpose of benefiting any person who is committing or facilitating the commission of an act of trafficking in persons; or

(b) knowing or having reasonable grounds to believe that, in whole or in any part, the services or facilities will be used by or will benefit any person involved in an act of trafficking in persons,

commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

(2) For the purpose of subsect
22 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-22. Harbouring persons.

(1) Any person who:

(a) harbours a person; or

(b) prevents, hinders or interferes with the arrest of a person,

knowing or having reason to believe that such person has committed or is planning or is likely to commit an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

(2) In this section, "harbour" means supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension.

23 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-23. Obligation of owner, operator or master of conveyance.

(1) Any person being the owner, operator or master of any conveyance, that engages in the transportation of goods or people for commercial gain shall ensure that every person travelling on board is in possession of travel documents for lawful entry of that person into the receiving country or transit country.

[Am. by Act A1385]

(2) Any owner, operator or master of any conveyance mentioned in subsection (1) who:

(a) knowingly permits or has reasonable grounds to believe that such conveyance is used for purposes of bringing a person into a receiving country or transit country without travel documents required for the lawful entry of that person into the receiving country or transit country; or

(b) knowingly permits or has reasonable grounds to believe that such conveyance is being used for purposes of committing any offence of trafficking in persons,

<
24 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-24. Intentional omission to give information.

Any person who knowing or having reason to believe, that any offence under this Act has been or will be committed, intentionally omits to give any information respecting that offence, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years, or to both.

25 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-25. Immunity from criminal prosecution.

A trafficked person shall not be liable to criminal prosecution in respect of:

(a) his illegal entry into the receiving country or transit country;

(b) his period of unlawful residence in the receiving country or transit country; or

(c) his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering the receiving country or transit country,

[Am. by Act A1385]

where such acts are the direct consequence of an act of trafficking in persons that is alleged to have been committed or was committed.

26 PART III TRAFFICKING IN PERSONS OFFENCES, IMMUNITY,ETC-26. Protection of informers.

(1) Except as provided in this section, no complaint as to an offence under this Act shall be admitted in evidence in any civil or criminal proceedings whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceedings is had shall cause all such entries to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery.

(3) If in a trial for any offence under this Act, the Court, after full enquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believe to be false or
26A PART IIIA SMUGGLING OF MIGRANTS-26A. Offence of smuggling of migrants.

Any person who carries out smuggling of migrants commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding twenty years, and shall also be liable to fine, or to both.

[Ins. Act A1385:s.15; Am. Act A1644:s.9]

26B PART IIIA SMUGGLING OF MIGRANTS-26B. Aggravated offence of smuggling of migrants.

Any person who commits an offence of smuggling of migrants where any of the following applies:

(a) in committing the offence, the person intends that the smuggled migrant will be exploited after entry into the receiving country or transit country whether by the person himself or by another person;

(b) in committing the offence, the person subjects the smuggled migrant to cruel, inhuman or degrading treatment;

[(b) Am. Act A1644:s.10]

(c) in committing the offence, the person's conduct gives rise to a risk of death or serious harm to the smuggled migrant; or

[(c) Am. Act A1644:s.10]

(d) where the offence of smuggling of migrants was committed by a public officer in the performance of his public duties,

[(d) Ins. Act A1644:s.10]

shall, on conviction, be punished
26C PART IIIA SMUGGLING OF MIGRANTS-26C. Offence in relation to smuggled migrant in transit.

Any person who brings in transit a smuggled migrant through Malaysia by land, sea or air or otherwise arranges or facilitates such act commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine, or to both.

[Ins. Act A1385:s.15; Am. Act A1644:s.11]

26D PART IIIA SMUGGLING OF MIGRANTS-26D. Offence of profiting from the offence of smuggling of migrants.

Any person who profits from the offence of smuggling of migrants commits an offence and shall, on conviction, be punished with imprisonment for a term of not less than seven years but not exceeding fifteen years, and shall also be liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit, or to both, and shall also be liable to forfeiture of the profits from the offence.

[Ins. by Act A1385]

26E PART IIIA SMUGGLING OF MIGRANTS-26E. Fraudulent travel or identity documents.

Any person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for the purpose of facilitating an act of smuggling of migrants commits an offence and shall, on conviction, be punished with imprisonment for a term of not less than seven years but not exceeding fifteen years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit, or to both.

[Ins. by Act A1385]

26F PART IIIA SMUGGLING OF MIGRANTS-26F. Providing facilities in support of smuggling of migrants.

Any person, being:

(a) the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permits a meeting of persons to be held in that premises,room or place; or

(b) the owner, lessee or person in charge of any equipment or facility that allows for recording, conferences or meetings via technology, knowingly permits that equipment or facility to be used,

for the purpose of committing an offence under this Part, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine, or to both.

[Ins. by Act A1385]

26G PART IIIA SMUGGLING OF MIGRANTS-26G. Providing services for purposes of smuggling of migrants.

(1) Any person who, directly or indirectly, provides or makes available financial services or facilities:

(a) intending that the services or facilities be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of an act of smuggling of migrants, or for the purpose of benefiting any person who is committing or facilitating the commission of an act of smuggling of migrants; or

(b) knowing or having reasonable grounds to believe that, in whole or in part, the services or facilities will be used by or will benefit any person involved in an act of smuggling of migrants,

commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine, or to both.

(2) For the purpose of subsect
26H PART IIIA SMUGGLING OF MIGRANTS-26H. Concealing or harbouring smuggled migrants and migrant smugglers.

(1) Any person who conceals or harbours, or prevents, hinders or interferes with the arrest of any person knowing or having reason to believe that such person is:

(a) a smuggled migrant; or

(b) a person who has committed or is planning or is likely to commit an act of smuggling of migrants,

commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine, or to both.

(2) In this section, "harbour" includes supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension.

[Ins. by Act A1385]

26I PART IIIA SMUGGLING OF MIGRANTS-26I. Supporting offence of smuggling of migrants.

(1) Any person who provides material support or resources to another person and the support and resources aid the receiver or any other person to engage in conduct constituting the offence of smuggling of migrants commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine, or to both.

(2) For the avoidance of doubt, a person commits an offence under subsection (1) even if the offence of smuggling of migrants is not committed.

[Ins. by Act A1385]

26J PART IIIA SMUGGLING OF MIGRANTS-26J. Offence of conveyance of smuggled migrants.

Any person being the owner, operator or master of any conveyance who engages in the conveyance of smuggled migrants commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding five years and shall also be liable to a fine not exceeding two hundred and fifty thousand ringgit, or to both.

[Ins. by Act A1385]

26K PART IIIA SMUGGLING OF MIGRANTS-26K. Obligation of owner,etc,of conveyance.

(1) Any person being the owner, operator or master of any conveyance that engages in the conveyance of goods or people for commercial gain shall ensure that every person travelling on board is in possession of travel documents for the lawful entry of that person into the receiving country or transit country and if not, shall refuse to convey such person.

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

(3) In any proceeding for an offence under this section, it shall be a defence for such owner, operator or master to prove that:

(a) he has reasonable grounds to believe that the travel documents of the person referred to in subsection (1) are travel documents required for lawful entry of that person into the receiving country or
27 PART IV ENFORCEMENT-27. Enforcement officers.

(1) The following officers shall be enforcement officers for the purpose of this Act and may exercise all powers of enforcement:

(a) any police officer;

(b) any immigration officer;

(c) any Officer of customs;

[Am. by Act A1385]

(d) any officer of the Malaysian Maritime Enforcement Agency; and

[Am. by Act A1385]

(e) any Labour Officer.

[Ins. by Act A1385]

(1A) The Minister may, after consultation with any other relevant Minister, appoint any public officer as may be deemed necessary as an enforcement officer for the purposes of this Act and the public officer appointed as such may exercise all powers of enforcement.

[(1A) Ins. Act A1644:s.12]

(1B) Every appointment under subsection (1A) shall be published
28 PART IV ENFORCEMENT-28. Power of investigation.

An enforcement officer shall have all the powers necessary to carry out an investigation for any offence under this Act.

29 PART IV ENFORCEMENT-29. Power of arrest.

(1) An enforcement officer may arrest without warrant any person:

(a) found committing or attempting to commit or abetting the commission of an offence under this Act; or

(b) whom the enforcement officer reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of an offence under this Act.

(2) An enforcement officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in force.

30 PART IV ENFORCEMENT-30. Search and seizure with warrant.

(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that:

(a) any premises or conveyance has been used or is about to be used for; or

(b) there is in any premises or conveyance evidence necessary to the conduct of an investigation into,

the commission of an offence under this Act, the Magistrate may issue a warrant authorizing any enforcement officer named therein, at any reasonable time, by day or by night, to enter the premises or conveyance.

(2) A warrant issued under subsection (1) may authorise the enforcement officer to:

(a) search the premises or conveyance for, and to seize or remove from the premises or conveyance, any moveable property, book, record, report or document, or any human organ that is reasonably believed to
31 PART IV ENFORCEMENT-31. Search and seizure without warrant.

(1) Where an enforcement officer has reasonable grounds to believe that by reason of delay in obtaining a search warrant under section 30, the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, he may, without warrant, with such assistance and force as is necessary:

(a) enter and search any premises;

(b) stop and search any conveyance or person;

(c) seize and detain such conveyance, moveable property, book, record, report or document or human organ; or

(d) inspect, make copies of or take extract from any book, record, report or document found in the premises or conveyance.

(2) In exercising his powers under this section, an enforcement officer shall have all the powers conferred upon him under subsections 30(3), (4) and (5).

32 PART IV ENFORCEMENT-32. Access to computerized data.

(1) Any enforcement officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purpose of subsection (1), the enforcement officer shall be provided with the necessary password, encryption code, decryption code, software or hardware or any other means required for his access to enable comprehension of the computerized data.

33 PART IV ENFORCEMENT-33. List of things seized.

(1) Except as provided in subsection (2), where any conveyance, moveable property, book, record, report or document or any human organ is seized under this Part, the enforcement officer shall prepare a list of the things seized and immediately deliver a copy signed by him to the occupier of the premises or the owner of the conveyance which has been searched, or to his agent or servant, at the premises or conveyance.

(2) Where the premises is unoccupied, the enforcement officer shall, whenever possible, post a list of the things seized conspicuously at or on the place or premises.

34 PART IV ENFORCEMENT-34. Power to examine persons.

(1) An enforcement officer may, by notice in writing, require any person whom he believes to be acquainted with the facts and circumstances of the case to:

(a) attend before him for examination;

(b) produce before him any moveable property, record, report or document; or

(c) furnish him a statement in writing made on oath or affirmation setting out such information as he may require.

(2) Any person who contravenes subsection (1) commits an offence.

(3) The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the enforcement officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(4) A person making a statement under paragraph (1) (c) shall be legally bound to state the truth, whether
35 PART IV ENFORCEMENT-35. Admissibility of statement.

(1) Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation made under this Act shall be used in evidence.

(2) When any witness is called for the prosecution or for the defence, other than the accused, and there is a basis for impeaching the credit of that witness, the Court shall, subject to the provisions of the Evidence Act 1950 [Act 56] , refer to any statement made by that witness to an enforcement officer in the course of an investigation under this Act and may then use that statement to impeach the credit of the witness.

[Subs. by Act A1385]

(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any statement made in the course of a
36 PART IV ENFORCEMENT-36. Forfeiture of conveyance, moveable property,etc.

(1) All conveyance, moveable property, book, record, report or document, or any human organ seized in the exercise of any power conferred under this Act are liable to forfeiture.

(2) The Court trying any person accused of an offence under this Act may at the conclusion of the trial, whether he is convicted or not, order that the conveyance, moveable property, book, record, report or document or any human organ seized from that person be forfeited.

(3) Where there is no prosecution with regard to any offence under this Act:

(a) in the case of human organ seized, it shall be deemed to be forfeited; and

(b) in the case of the conveyance, moveable property, book, record, report or document seized, the enforcement officer shall serve a notice in writing to the last known address of the person from whom the conveyance, moveable property, book, record, report or document was seized.

37 PART IV ENFORCEMENT-37. Cost of holding conveyance, moveable property,etc,seized.

Where any conveyance, moveable property, record, report or document or human organ seized under this Act is held in the custody of the enforcement officer pending completion of any proceedings in respect of an offence under this Act, the cost of holding such conveyance, moveable property, record, report or document or any human organ in custody shall, in the event of any person being found guilty of an offence, be a civil debt due to the Government by such person and shall be recoverable accordingly.

38 PART IV ENFORCEMENT-38. No costs or damages arising from entry, search or seizure to be recoverable.

No person shall, in respect of any entry or search, or seizure of any conveyance, moveable property, record, report or document or any human organ seized in the exercise of any power conferred by this Act, be entitled to the costs of such entry, search, or seizure or to any damages or other relief unless such entry, search or seizure was made without reasonable cause.

39 PART IV ENFORCEMENT-39. Obstruction.

Any person who obstructs, impedes, interferes or fails to comply with any lawful demand of an enforcement officer in the performance of his functions under this Act commits an offence.

40 PART IV ENFORCEMENT-40. Tipping-off.

(1) Any person who:

(a) knows or has reasonable grounds to suspect that an enforcement officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or

(b) knows or has reasonable grounds to suspect that a disclosure has been made to an enforcement officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure,

commits an offence.

(2) Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter:

(a) to his client or
41 PART IV ENFORCEMENT-41. Institution of prosecution.

No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

41A PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-41A. Non-application.

This Part shall not apply to a smuggled migrant unless such smuggled migrant is a trafficked person.

[Ins. by Act A1385]

42 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-42. Place of refuge.

(1) The Minister may declare any house, building or place, or any part thereof, to be a place of refuge for the care and protection of trafficked persons and may, in like manner, declare that such place of refuge ceases to be a place of refuge.

[(1) Am. by Act A1500]

(2) The Minister may, from time to time, direct the separation of different categories of trafficked persons, among others, according to age and gender either at the same place of refuge or at different places of refuge.

(3) The Minister charged with the responsibility for women, family and community development shall be responsible for any matter relating to the management, administration and control over the place of refuge declared under subsection (1), the trafficked person in the place of refuge and the Protection Officer appointed under section 43.

[(3) Ins. Act A1644:s.13]

(4) The Minister charged
43 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-43. Appointment of Protection Officers.

(1) The Minister, after consultation with the Minister charged with the responsibility for women, family and community development may appoint such number of Social Welfare Officers, any other public officer or any other person to exercise the powers and perform the duties of a Protection Officer under this Act subject to any condition as may be specified in the notification.

[(1) Am. Act A1500:s.8; Am. Act A1644:s.14]

(1A) (Deleted by Act A1644:s.14)

[(1A) Ins. by Act A1500]

(2) The Protection Officer shall:

(a) have control over and responsibility for the care and protection of the trafficked person at the place of refuge;

(b) carry out an enquiry and cause to be prepared a report of the trafficked person as required under this Act;

(c) have the power to supervise the trafficked person upon order by th
44 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-44. Taking a person into temporary custody.

(1) An enforcement officer may, on reasonable suspicion that any person who is found or rescued is a trafficked person, take that person into temporary custody and produce him before a Magistrate within twenty-four hours, exclusive of the time necessary for the journey to the Magistrate's Court, for the purpose of obtaining an interim protection order.

(2) The Magistrate shall make an interim protection order for the person to be placed at a place of refuge for a period of twenty-one days for the purpose of carrying out an investigation and enquiry under section 51.

[Subs. by Act A1500; Am. by Act A1385]

(3) The enforcement officer shall, upon obtaining the order issued under subsection (2), surrender the trafficked person to a Protection Officer to place that trafficked person at the place of refuge specified in the order.

45 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-45. Person in temporary custody in need of medical examination or treatment.

(1) Where an enforcement officer who takes a person into temporary custody under subsection 44(1) is of the opinion that the person is in need of medical examination or treatment, the enforcement officer may, instead of taking that person before a Magistrate, present him to a medical officer.

(2) If at the time of being taken into temporary custody, the person is a patient in a hospital, the enforcement officer may leave that person in the hospital.

46 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-46. Medical examination and treatment.

A medical officer before whom a person is presented under section 45:

(a) shall conduct or cause to be conducted an examination of the person;

(b) may in examining the person and if so authorised by an enforcement officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the person's condition; or

(c) may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis.

47 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-47. Authorization for hospitalization.

Where a person taken into temporary custody under subsection 44(1) is a child and the medical officer who examines him is of the opinion that his hospitalization is necessary for the purpose of medical care or treatment, an enforcement officer may authorise that person to be hospitalised.

48 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-48. Control over hospitalised person.

Where the person taken into temporary custody under subsection 44(1) is hospitalised, the enforcement officer shall have control over, and responsibility for, the security and protection of that person.

49 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-49. Steps to be taken after medical examination or treatment.

(1) A person who is taken into temporary custody under subsection 44(1) and is medically examined under section 46 shall be produced before a Magistrate within twenty-four hours:

(a) of the completion of such examination or treatment; or

(b) if the person is hospitalised, on his discharge from the hospital.

(2) If it is not possible to bring that person before a Magistrate within the time specified in subsection (1), that person shall be placed in a place of refuge until such time as he can be brought before a Magistrate.

50 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-50. No liability incurred for giving authorization.

(1) If a person is examined or treated under this Part:

(a) the enforcement officer who authorises such examination or treatment;

(b) the medical officer who examines or treats the person; and

(c) all persons acting in aid of the medical officer,

shall not incur any liability at law by reason only that a person is examined or treated pursuant to this Part.

(2) Nothing contained in subsection (1) relieves a medical officer from liability in respect of the examination or treatment of the person taken into temporary custody under subsection 44(1), which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the person or person having authority to consent to the examination or treatment.

51 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-51. Investigation, enquiry and Protection Order.

(1) Where an interim protection order is made under subsection 44(2), within twenty-one days from the date of such order:

[Subs. by Act A1500]

(a) an enforcement officer shall investigate into the circumstances of the person's case for the purpose of determining whether the person is a trafficked person under this Act; and

(b) a Protection Officer shall enquire into the background of that person.

(2) Upon completion of the investigation and enquiry under subsection (1), the enforcement officer and the Protection Officer shall jointly prepare a report and produce the report together with the person before a Magistrate's Court for the purpose of satisfying the Magistrate that such person is a trafficked person under this Act.

[Am. by Act A1385]

(3) Where the Magistrate, having read the report produced under
51A PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-51A. Permission to move freely and to work.

(1) Subject to any regulations made under section 66, any person to whom an interim protection order has been granted, or any trafficked person to whom a Protection Order has been granted, may be given permission by the Council:

(a) to move freely; or

(b) to be employed, engaged or contracted with to carry out work in any occupation during the period of the interim protection order or Protection Order, as the case may be.

(2) A foreign national who is granted permission to work under subsection (1) shall be subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.

[Ins. by Act A1500]

52 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-52. Recording of evidence of trafficked person.

(1) Where a criminal prosecution has been instituted against any person for an offence under this Act, the Public Prosecutor may make an oral application for the production of the trafficked person before a Sessions Court before which the criminal prosecution has been instituted for the purpose of recording that trafficked person's evidence on oath.

[Subs. by Act A1500; Act A1385]

(2) The Sessions Court Judge may, upon such application, issue a summons or order directed to the person in charge of the place of refuge where such trafficked person is placed, or to the enforcement officer who is investigating the circumstances of the case of a trafficked person requiring him to produce the trafficked person at the time and place specified in the summons or order.

[Am. by Act A1500; Act A1385]

(3) The Sessions Court Judge shall record the evidence of the trafficked person and comp
53 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-53. Application by parent, guardian or relative.

(1) Where a trafficked person placed in a place of refuge is a citizen or permanent resident of Malaysia, the parent, guardian or relative of that person may, at any time, make an application to the Magistrate's Court to commit that person into the custody of the parent, guardian or relative.

(2) The parent, guardian or relative of the trafficked person shall serve a copy of the application to the Protection Officer.

(3) Upon receipt of an application under subsection (2), the Protection Officer shall cause a report to be prepared in relation to:

(a) the trafficked person;

(b) the status of any investigation or prosecution for any offence under this Act in relation to the trafficked person;

(c) the background of the trafficked person, his parent, guardian or relative; or

(d) any other matter as the Protection Officer deems relevant,

to
54 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-54. Release of trafficked person.

(1) Upon revocation of a Protection Order or expiry of the period specified in a Protection Order, the Protection Officer shall:

(a) in the case of a trafficked person who is a citizen or permanent resident of Malaysia, release that person; or

(b) in the case of a trafficked person who is a foreign national who has valid documents and is employed, release that person, or in any other case as may be prescribed, release that person to an immigration officer to be returned to his country of origin in accordance with any laws relating to immigration.

[Subs. by Act A1500]

(2) The immigration officer shall take all necessary steps to facilitate the return of that trafficked person to his country of origin without unnecessary delay, with due regard for his safety.

(3) Notwithstanding subsection (1), the court may, upon an application made by a Protectio
55 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-55. Trafficked person who escapes or is removed from place of refuge.

Any trafficked person who escapes or is removed from a place of refuge without lawful authority:

(a) may be taken into custody by any enforcement officer and shall be brought back to the place of refuge; and

(b) shall be placed for such period which is equal to the period during which he was unlawfully at large and for the unexpired residue of his term in the Protection Order originally made by the Magistrate.

56 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-56. Offence of removing or helping a trafficked person to escap from place of refuge.

Any person who:

(a) removes a trafficked person from a place of refuge without lawful authority;

(b) knowingly assists or induces, directly or indirectly, a trafficked person to escape from a place of refuge; or

(c) knowingly harbours or conceals a trafficked person who has so escaped, or prevents him from returning to the place of refuge,

commits an offence.

57 PART V CARE AND PROTECTION OF TRAFFICKED PERSONS-57. Power of Minister to remove trafficked person from one place of refuge to another.

The Minister may, after consultation with the Minister charged with the responsibility for women, family and community development, at any time, for reasons which appear to him to be sufficient, by order in writing direct the removal of any trafficked person from a place of refuge to any other place of refuge as may be specified in the order.

[Am. Act A1644:s.17]

58 PART VI MISCELLANEOUS-58. Restriction on media reporting and publication.

(1) Notwithstanding any written laws to the contrary, any mass media report regarding:

(a) any step taken in relation to a trafficked person or smuggled migrant in any proceedings be it at the pre-trial, trial or post-trial stage;

[Am. by Act A1385]

(b) any trafficked person in respect of whom custody or protection is accorded under Part V; or

(c) any other matters under this Act,

shall not reveal the name or address, or include any particulars calculated to lead to the identification of any trafficked person or smuggled migrant so concerned either as being the trafficked person or as being a witness to any proceedings.

[Am. by Act A1385]

(2) A picture of:

(a) any trafficked person or smuggled person in any of the matters mentioned in subsection (1); or

(b)<
59 PART VI MISCELLANEOUS-59. Evidence of agent provocateur admissible.

(1) Notwithstanding any law or rule of law to the contrary, in any proceedings against any person for an offence under this Act, no agent provocateur shall be presumed to be unworthy of credit by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person.

(2) Notwithstanding any law or rule of law to the contrary, a conviction for any offence under this Act solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.

60 PART VI MISCELLANEOUS-60. Admissibility of documentary evidence.

Where any enforcement officer has obtained any document or other evidence in exercise of his powers under this Act, such document or copy of the document or other evidence, as the case may be, shall be admissible in evidence in any proceedings under this Act, notwithstanding anything to the contrary in any written laws.

61 PART VI MISCELLANEOUS-61. Admissibility of translation of documents.

(1) Where any document which is to be used in any proceeding against any person for an offence under this Act is in a language other than the national language or English language, a translation of such document into the national language or English language shall be admissible in evidence where the translation is accompanied by a certificate of the person who translated the document setting out that it is an accurate, faithful and true translation and the translation had been done by such person at the instance of any enforcement officer.

(2) Subsection (1) shall apply to a document which is translated, regardless of whether the document was made in or outside Malaysia, or whether the translation was done in or outside Malaysia, or whether possession of such document was obtained by any enforcement officer in or outside Malaysia.

61A PART VI MISCELLANEOUS-61A. Admissibility of deposition of trafficked person or smuggled migrant who cannot be found.

(1) Notwithstanding anything contained in this Act and any written law to the contrary, where in any proceeding for an offence under this Act a testimony of any person in respect of whom an order of removal from Malaysia has been made by the Director General under section 32 or 33 or subsection 56(2) of the Immigration Act 1959/63 is required by the court, there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding made by that person:

(a) in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence; or

(b) outside Malaysia before a consular officer or a judicial officer of a foreign country in the presence or absence of the person charged with the offence,

and any such deposition shall, without further proof, be admitted as prima facie evidence of any f
62 PART VI MISCELLANEOUS-62. Indemnity.

No action, suit, prosecution or other proceedings shall lie or be brought, instituted, or maintained in any court or before any other authority against:

(a) any enforcement officer;

(b) any Protection Officer; or

(c) any person lawfully acting in compliance with any direction or order of an enforcement officer or a Protection Officer,

for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance of or in execution of, or intended pursuance of or execution of, this Act or any order in writing, direction or other thing issued under this Act if such act or statement was done or made, or was omitted to be done or made, in good faith.

63 PART VI MISCELLANEOUS-63. General and enhanced penalties.

(1) Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

[Am. by Act A1385]

(2) Where an offence under this Act is committed by a body corporate, the body corporate shall, on conviction:

(a) where a fine is specified under the relevant section, be liable to a fine of not less than three times the maximum fine specified; and

(b) where no fine is specified:

(i) in relation to sections 15A and 26C, shall be liable to a minimum fine of five million ringgit; and

(ii) in any other case, shall be liable to a minimum fine of one million ringgit.

(3) Where, after having been convicted of any offence under this Act,
64 PART VI MISCELLANEOUS-64. Offence by body corporate.

Where any offence against any provision of this Act has been committed by a body corporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, or was in any manner responsible for the management of any of the affairs of such body corporate, or was assisting in such management, shall also be guilty of that offence unless he proves that the offence was committed without his knowledge, consent or connivance, and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

65 PART VI MISCELLANEOUS-65. Offence by employee or agent.

Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, such person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his or of the employee of such agent, if such act, omission, neglect or default was committed by the person's employee in the course of his employment, or by the agent when acting on behalf of the person, or by the employee of such agent in the course of his employment by such agent, or otherwise on behalf of the agent.

65A PART VI MISCELLANEOUS-65A. Public servant.

Every Protection Officer, while discharging their duty as such Protection Officer under this Act shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] .

[Ins. by Act A1500]

66 PART VI MISCELLANEOUS-66. Regulations.

(1) The Minister may make such regulations as are necessary or expedient to give full effect to, or for carrying out, the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made:

(a) to prescribe the functions or any other matters in relation to the Council;

(aa) to prescribe the qualifications, conditions, procedures or any other matters relating to the granting of permission to move freely and to work under section 51A.

[Ins. by Act A1500]

(b) to provide for an offence, any act or omission which contravenes any provision of any regulations;

(c) to provide for the imposition of penalties for such offences;

(d) to prescribe measures for the care and protection of trafficked persons at the place of refuge;

(e) to prescribe for the powers and functions
66A PART VI MISCELLANEOUS-66A. Order for payment of compensation to the trafficked person.

(1) The Court before which a person is convicted of an offence under this Act may make an order for the payment of a sum fixed by the Court by way of compensation by the convicted person to the trafficked person.

(2) In relation to the order of the payment of compensation, subsection 426(1A), (1B), (1C) and (1D) of the Criminal Procedure Code [Act 593] shall apply.

(3) For the purpose of payment of compensation, section 432 of the Criminal Procedure Code shall apply.

(4) The order of payment of compensation under this section shall not prevent the commencement of any civil action in Court by the trafficked person against the convicted person.

[Ins. by Act A1500]

66B PART VI MISCELLANEOUS-66B. Order for payment of wages in arrears in the case of no conviction.

(1) In the case of no conviction of an offence under this Act, where payment of wages is in arrears to an alleged trafficked person, the Court shall make an order for the payment of such wages in arrears of a sum fixed by the Court to the alleged trafficked person upon application of the Public Prosecutor after conduction an inquiry by the Court.

(2) For the purposes of determining the sum of wages in arrears, the Court shall conduct an inquiry within seven days after the date of the decision to determine the order under subsection (1).

(3) For the purposes of subsection (2), any evidence produced during the trial of an offence under this Act may be used as evidence by the Court to determine the payment of wages in arrears.

(4) For the purposes of the payment of wages in arrears under subsection (1), section 432 of the Criminal Procedure Code shall apply.

[Ins. by Act A1500]

67 PART VI MISCELLANEOUS-67. Prevention of anomalies.

(1) The Minister may, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties or preventing anomalies in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provisions in this Act as he thinks fit, but the Minister shall not exercise the powers conferred by this section after the expiration of two years from the appointed date.

(2) In this section, "modifications" include amendments, additions, deletions, substitutions, adaptations, variations, alterations, and non-application of any provisions of this Act.