638 - *NATIONAL ANTI-DRUGS AGENCY ACT 2004

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 As at 15 October 2016 2 NATIONAL ANTI-DRUGS AGENCY ACT 2004 Date of Royal Assent … … … … … 24 December 2004 Date of publication in the Gazette … … … 30 December 2004 Latest amendment made by … … … … 18 August 2016 Act A1514 which came into operation on PREVIOUS REPRINTS First Reprint … … … … … 2006 Second Reprint … … … … … 2008 3 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS 3. Establishment of the National Anti-Drugs Agency 4. Appointment of the Director General of the Agency 5. Appointment of other officers of the Agency PART III FUNCTIONS AND POWERS OF THE AGENCY 6. Functions of the Agency 7. Powers of the Agency PART IV GENERAL 8. Report on status of investigation 9. Report of an officer of the Agency 10. Officer deemed to be always on duty 4 Laws of Malaysia ACT 638 Section 11. Identification 12. Standing orders 13. Regulations SCHEDULE 5 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 An Act to establish the National Anti-Drugs Agency to vest powers on the officers of the Agency to perform preventive, treatment, rehabilitation, enforcement, investigation, special preventive measures, forfeiture of property and administrative functions with respect to offences under the Dangerous Drugs Act 1952 [Act 234], Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283], Dangerous Drugs (Special Preventive Measures) Act 1985 [Act 316], Dangerous Drugs (Forfeiture of Property) Act 1988 [Act 340] and for matters necessary thereto or connected therewith. [1 August 2007, P.U. (B) 287/2007; except paragraphs 6(a), (c) and (d)] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Anti-Drugs Agency Act 2004. (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. 6 Laws of Malaysia ACT 638 Interpretation 2. In this Act, unless the context otherwise requires— “Agency” means the National Anti-Drugs Agency established under section 3; “Director General” means the Director General of the Agency appointed under subsection 4(1); “Minister” means the Minister charged with the responsibility for internal security; “officer of the Agency” includes the Director General and any officer appointed under section 5; “senior officer of the Agency” means the Director General and any officer of the Agency holding the office of Deputy Director General, Director, Senior Assistant Director and Assistant Director. PART II ESTABLISHMENT OF AGENCY AND APPOINTMENTS Establishment of the National Anti-Drugs Agency 3. (1) For the purpose of this Act, the National Anti-Drugs Agency is established. (2) The Agency shall, subject to this Act, be employed for the prevention, detection, apprehension, enforcement, investigation and prosecution of offenders involving dangerous drugs offences, treatment and rehabilitation of drug dependants, special preventive detention of persons associated with any activity relating to or involving the trafficking in dangerous drugs, forfeiture of property connected with any activity related to dangerous drugs offences and the collection of security intelligence relating to dangerous drugs activity. National Anti-Drugs Agency 7 Appointment of the Director General of the Agency 4. (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Director General of the National Anti-Drugs Agency, who shall head the Agency, from amongst members of the public services for such period and on such terms and conditions as may be specified in the instrument of appointment. (2) The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of compulsory retirement he may be reappointed as Director General by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. (3) The Director General shall, during the period of his appointment as set out in the instrument of appointment, hold office at the pleasure of the Yang di-Pertuan Agong, subject to the advice of the Prime Minister. (4) The Director General shall, during his term of office as such, be deemed to be a member of the general public service of the Federation for purposes of discipline. (5) The Director General shall be responsible for the direction, command, control and supervision of all matters relating to the Agency. (6) The Director General shall, before assuming the duties and responsibilities of his office, make, in such manner as he may declare to be most binding on his conscience before the Yang di-Pertuan Agong, such declaration as may be prescribed by the Minister by regulations made under section 13. (7) There shall be issued to the Director General a certificate of appointment in the form of an authority card as evidence of his appointment. Appointment of other officers of the Agency 5. (1) There shall be appointed such number of officers of the Agency to hold the office of Deputy Director General, Director, Senior Assistant 8 Laws of Malaysia ACT 638 Director, Assistant Director, Investigator, Senior Assistant Officer, Assistant Officer and such number of other officers of the Agency as may be necessary for the purpose of carrying into effect the provisions of this Act. (2) An officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the direction, command, control and supervision of the Director General or any other officer of the Agency superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions or instructions as may be specified orally or in writing by the Director General or any other officer of the Agency superior to him in rank. (3) A certificate of appointment in the form of an authority card shall be issued to every officer of the Agency appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act. PART III FUNCTIONS AND POWE RS OF THE AGENCY Functions of the Agency 6. The functions of the Agency shall be— (a) to enforce, carry out and give effect to the provisions of the Dangerous Drugs Act 1952 except for sections 4, 5, 7, paragraph 9(1)(a), section 11 , subsection 12 (1) and sections 16 and 17; (b) to enforce, exercise, discharge and perform the powers, duties and functions under the Drug Dependants (Treatment and Rehabilitation) Act 1983; (c) to enforce, exercise, discharge and perform the powers, duties and functions under the Dangerous Drugs (Special Preventive Measures) Act 1985; (d) to enforce, administer, carry out and give effect to the provisions of the Dangerous Drugs (Forfeiture of Property) Act 1988; National Anti-Drugs Agency 9 (e) to prevent and suppress illicit trafficking and misuse of dangerous drugs; (f) to lend assistance in any misuse of dangerous drugs matters on a request by a foreign State as provided under the Mutual Assistance in Criminal Matters Act 2002 [Act 621]; (g) to educate the public against misuse of dangerous drugs; (h) to enlist and foster public support in combating misuse of dangerous drugs; (i) to advise the Minister on policies relating to prevention of misuse of dangerous drugs, treatment and rehabilitation of drug dependants, special preventive measures of persons associated with trafficking in dangerous drugs and the forfeiture of property connected with dangerous drugs offences; and (j) generally to perform any other duty for combating misuse of dangerous drugs or do all matters incidental thereto. Powers of the Agency 7. (1) The Agency shall have powers to carry out the purposes mentioned in subsection 3(2) and to do all things reasonably necessary for or incidental to the performance of its functions under section 6. (2) Without prejudice to the generality of subsection (1), an officer of the Agency shall have, for the purposes of this Act, all the powers and immunities of a police officer as provided for under the Police Act 1967 [Act 344], the Dangerous Drugs Act 1952, Drug Dependants (Treatment and Rehabilitation) Act 1983, Dangerous Drugs (Special Preventive Measures) Act 1985 and Dangerous Drugs (Forfeiture of Property) Act 1988. (3) Without prejudice to the generality of subsection (2)— (a) a Deputy Director General, a Director, a Senior Assistant Director and an Assistant Director of the Agency shall have all the powers of 10 Laws of Malaysia ACT 638 a police officer of and above the rank of Assistant Superintendent of Police; (b) an Investigator of the Agency shall have all the powers of a police officer of the rank of Inspector; (c) a Senior Assistant Officer of the Agency shall have all the powers of a police officer of the rank of Sub-Inspector; (d) an Assistant Officer of the Agency shall have all the powers of a police officer of the rank of Sergeant; and (e) an officer of the Agency below the rank of Assistant Officer, when escorting and guarding persons in custody of the Agency, shall have all the powers of a police officer of the rank of Corporal and below and a prison officer of the rank of Sergeant and below under the Prison Act 1995 [Act 537]. (4) For the purpose of this Act— (a) where an order, a certificate or any other act is required to be given, issued or done by an officer in charge of a Police District under any written law, such order, certificate or act may be given, issued or done by a senior officer of the Agency, Investigator or Senior Assistant Officer and for such purpose, the place where the order, certificate or act was given, issued or done shall be deemed to be a Police District under his charge; (b) an officer of the Agency shall have all the powers conferred on an officer in charge of a police station under any written law, and for such purpose the office of such officer shall be deemed to be a police station; and (c) an officer of the Agency shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof, but in the event of any inconsistency or conflict between the provisions of this National Anti-Drugs Agency 11 Act and those of the Criminal Procedure Code, the provisions of this Act shall prevail. PART IV GENERAL Report on status of investigation 8. (1) Any person who has given information to the Agency under the Dangerous Drugs Act 1952, Drug Dependants (Treatment and Rehabilitation) Act 1983, Dangerous Drugs (Special Preventive Measures) Act 1985 or Dangerous Drugs (Forfeiture of Property) Act 1988 may request for a report on the status of the investigation of the offence complained of in his information from the Agency. (2) The Agency shall give a status report on the investigation of such offence to the informant not later than two weeks from the receipt of the request made under subsection (1). (3) Notwithstanding subsection (2), the Agency shall not be required to provide a status report on an investigation of an offence— (a) unless a period of four weeks has lapsed from the date of the giving of the information; and (b) which contains any matter that is likely to adversely affect the investigation into the offence or the prosecution of the offence. (4) Where a request has been made under subsection (1) and the Agency has failed to furnish the informant with a status report within the period specified in subsection (2), but subject to subsection (3), the informant may make a report to the Public Prosecutor of the failure. (5) Upon receipt of the report under subsection (4), the Public Prosecutor shall direct the Agency to furnish him with a detailed status report on the investigation that has been conducted by the Agency in relation to the offence in the information given by the informant. 12 Laws of Malaysia ACT 638 (6) The Public Prosecutor shall cause to be furnished to the informant, or direct the Agency to furnish to the informant, a status report containing such information as may be directed by the Public Prosecutor. (7) Any officer of the Agency who fails to comply with a directive of the Public Prosecutor under this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one month or to fine not exceeding one thousand ringgit or to both. Report of an officer of the Agency 9. (1) Every investigation under the Dangerous Drugs Act 1952, Drug Dependants (Treatment and Rehabilitation) Act 1983, Dangerous Drugs (Special Preventive Measures) Act 1985 or Dangerous Drugs (Forfeiture of Property) Act 1988 shall be completed without unnecessary delay, and the officer of the Agency making the investigation shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, submit to the Public Prosecutor a report of his investigation together with the investigation papers in respect of such investigation within one week of the expiry of the period of three months from the date the information was given. (2) Notwithstanding subsection (1), the Public Prosecutor may at any time, regardless that the period of three months mentioned in subsection (1) has not expired, direct the officer of the Agency making the investigation to submit to the Public Prosecutor a report in the form in the Schedule and the investigation papers in respect of the investigation. (3) An officer of the Agency who fails to submit the report and investigation papers under this section commits an offence and shall, on conviction, be liable to imprisonment for a term which may extend to one month or to fine which may extend to one thousand ringgit or to both. Officer deemed to be always on duty 10. Every officer of the Agency shall, for the purposes of this Act, be deemed to be always on duty when required to perform his duty or functions and may National Anti-Drugs Agency 13 perform the duties and exercise the powers conferred on him under this Act or under any other written law at any place within or outside Malaysia. Identification 11. Every officer of the Agency when acting under this Act shall, on demand, declare his office and produce to the person against whom he is acting or from whom he seeks any information the authority card issued to him under this Act. Standing orders 12. The Director General may issue administrative orders to be called “Standing Orders”, not inconsistent with the provisions of this Act, on the general control, training, duties and responsibilities of officers of the Agency, and for such other matters as may be necessary or expedient for the good administration of the Agency or for the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the Agency. Regulations 13. 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. 14 Laws of Malaysia ACT 638 SCHEDULE [Section 9] REPORT OF AN OFFICER OF AN AGENCY To the Public Prosecutor. 1. At o’clock on the day of 20 , I received information by from that a had taken place at and that persons were concerned or suspected of being concerned therein, and that the total amount of property concerned in the report was RM . 2. I proceeded thereupon to take action as detailed in the enclosed investigation diaries. 3. I ascertained the following facts . 4. I examined the following witnesses whose statements accompany this report: persons marked “B” are under a Bond to appear in Court. 5. The following documents accompany this report in addition to the statements of the witnesses: Investigation Diary No. 6. I am of opinion that the offence of is disclosed and that the following persons are concerned therein . 7. I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I have been unable to examine them for the reasons here stated: 8. The under-mentioned articles have been secured or recovered and are to serve as exhibits. Signature 15 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 LIST OF AMENDMENTS Amending law Short title In force from Act A1514 National Anti-Drugs Agency (Amendment) 18-18-2016 Act 2016 16 LAWS OF MALAYSIA Act 638 NATIONAL ANTI-DRUGS AGENCY ACT 2004 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A1514 18-8-2016 7 Act A1514 18-8-2016