Establishment of the Agency
s 4
(1) A body corporate by the name of “Malaysian Qualifications Agency” is established with perpetual succession and a common seal. (2) The Agency may sue and be sued in its corporate name.
Malaysian Qualifications Agency Act 2007 Part II — MALAYSIAN QUALIFICATIONS AGENCY
Common seal
s 5
(1) The common seal of the Agency shall bear a device as approved by the Agency and the seal may from time to time be broken, changed, altered and made anew as the Agency thinks fit. (2) The common seal shall be kept in the custody of the Chief Executive Officer or any other person authorized by the Chief Executive Officer, and shall be authenticated by either the Chief Executive Officer or by such other person authorized 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 deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by an employee of the Agency authorized in that behalf. (5) The common seal of the Agency shall be officially and judicially noticed.
Functions of the Agency
s 6
(1) The Agency shall carry out 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 accredit programmes, qualifications and higher education providers; (c) to conduct institutional audit and review of programmes, qualifications and higher education providers; (d) to establish and maintain a register to register programmes, qualifications and higher education providers; (e) to conduct courses, training programmes and to provide consultancy and advisory services relating to quality assurance; (f) to establish and maintain liaison and cooperation with quality assurance and accreditation bodies in higher education within and outside Malaysia; (g) to act as a qualifications reference centre on accredited programmes, qualifications and higher education providers; (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.
Powers of the Agency
s 7
(1) The Agency shall have the power to do all things expedient or reasonable for and incidental to the carrying out of its functions. (2) The powers of the Agency shall include power— (a) to enter into contracts; (b) to acquire, purchase, take, hold and enjoy movable and immovable property of every description; (c) to convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with any movable or immovable property and any interest in any movable or immovable property, vested in the Agency; (d) to undertake, coordinate or commission any person to undertake or coordinate activities relating to research and development on matters relating to quality assurance; (e) to impose fees or any other charges as it deems fit for its services relating to examination, assessment, audit, supervision, provisional accreditation, accreditation, evaluation, or any other services provided by the Agency; (f) to collect or receive monies for services rendered by the Agency; (g) to enter into negotiations, agreements or arrangements as it deems fit for the discharge of its functions; (h) to appoint officers, agents, servants and consultants for permanent, temporary or special services as it may from time to time consider fair and reasonable and to determine their duties, powers and terms of service; and (i) to do all things reasonably necessary for the performance of its duties under this Act. (3) The Chief Executive Officer shall perform the functions and exercise the powers of the Agency, and the functions and powers so performed and exercised shall be in the name of the Agency.
Directions by Minister
s 8
(1) The Agency shall be responsible to the Minister. (2) The Minister may give the Agency directions of a general character consistent with the provisions of this Act relating to the performance of the functions and powers of the Agency and the Agency shall give effect to such directions.
Committees on accreditation
s 9
(1) The Agency shall from time to time establish accreditation committees for the purposes of— (a) receiving institutional audit reports and recommendations on the applications made for provisional accreditation under Part VII or accreditation of programmes or qualifications under Part VIII from the institutional audit committees established under section 80; (b) evaluating and analysing provisional accreditation reports or accreditation of programmes or qualifications reports; and (c) granting, refusing or revoking provisional accreditation or accreditation of programmes or qualifications. (2) The Agency may elect any person whom the Agency deems fit and suitable to be the chairman of a committee. (3) The Agency may appoint any person to be a member of a committee. (4) A member of a committee shall hold office for such terms and conditions as may be specified in his 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 a committee may, at any time, resign by giving a notice in writing to the chairman of the committee. (7) The Agency may, at any time, discontinue the constitution or alter the composition of a committee. (8) A committee may regulate its own procedure. (9) A committee shall be subject to, and act in accordance with, any direction given to it by the Agency. (10) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine. (11) A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting. (12) The members of a committee and any person invited under subsection (11) shall be paid from the Fund such allowances and other expenses as the Agency may determine after consultation with the Minister. (13) This section does not apply to any professional programme or professional qualification referred to in Chapter 2 of Part VIII.
Returns, reports, accounts and information
s 10
(1) The Agency shall furnish to the Minister, and such public agency as may be directed by the Minister, such returns, reports, accounts and information with respect to its property and activities as the Minister may require or direct. (2) The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and the policy of the Agency and any other matter as the Minister may from time to time specify.
Back to Malaysian Qualifications Agency Act 2007 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2017 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).
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