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) the Secretary General of the Ministry responsible for home affairs, or his representative;
(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 representative;
(h) the Attorney General of Malaysia, or his representative;
(i) the Inspector General of Police, or his representative;
(j) t h e D i r e c t o r- G e n e r a l o f I m m i g r a t i o n , o r h i s representative;
(k) the Director-General of Customs, or his representative;
(l) the Director-General of Malaysian Maritime Enforcement, or his representative;
(m) a representative of the Ministry responsible for internal security;
(n) not more than three persons from non-governmental organization or other relevant organizations having appropriate experience, knowledge and expertise in problems and on issues relating to trafficking in persons including the protection and support of trafficked persons, to be appointed by the Minister; and
(o) not more than two persons from non-governmental organizations or other relevant organizations with appropriate experience, knowledge and expertise on problems and issues relating to smuggling of migrants, to be appointed by the Minister.
(3) Each member of the Council appointed under paragraphs (2)(n) and (o) shall, unless he sooner resigns, hold office for a period not exceeding two years and is eligible for re-appointment.
(4) Any member of the Council appointed under paragraphs
(2)(n) and (o) may, at any time resign his office, by giving notice in writing to the Minister.
(5) The members of the Council specified under subsection (2) may be paid such allowances as the Minister may determine.
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 migrants including developments at the international level against trafficking in persons and smuggling of migrants;
(g) making recommendations to the Minister on all aspects of the prevention and combating of trafficking in persons and smuggling of migrants;
(h) coordinating the formulation of policies and monitoring the implementation of such policies on issues of trafficking in persons and smuggling of migrants with relevant government agencies and non-governmental organizations;
(i) cooperating and coordinating with governments and international organizations on trafficking in persons and smuggling of migrants;
(j) collecting and collating data and information, and authorising research, in relation to the prevention and combating of trafficking in persons and smuggling of migrants; and
(k) performing any other functions for the proper implementation of this Act.
(2) The Council shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions.
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.
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 determine.
(8) Subject to the provisions of this Act, the Council may make rules for regulating its meetings and proceedings.
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 committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(6) The Council may revoke the appointment of any member of a committee without assigning any reason therefor.
(7) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.
(8) The Council may, at any time, discontinue or alter the constitution of a committee.
(9) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.
(10) A committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(11) Any person invited under subsection (10) may be paid such allowance as the Minister may determine.
Secretary of the Council and other officers
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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
