(1) This Act may be cited as the Malaysia Border Control and Protection Agency Act 2024.
(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—
(a) for the coming into operation of different provisions of this Act;
(b) for the coming into operation of this Act in different parts of Malaysia; or
(c) for the coming into operation of different provisions of this Act in different parts of Malaysia.
Act 860
Malaysia Border Control and Protection Agency Act 2024
AKTA AGENSI KAWALAN DAN PERLINDUNGAN SEMPADAN MALAYSIA 2024
An Act to provide for the establishment of the Malaysia Border Control and Protection Agency, and its functions and powers relating to border control and protection, and to provide for related matters.
Data synced
In this Act, unless the context otherwise requires—
“Agency” means the Malaysia Border Control and Protection Agency established under section 3;
“goods” has the same meaning assigned to it in the Customs Act 1967 [Act 235];
“prescribed area” means any area specified in the First Schedule comprising—
(a) any immigration control post, authorized landing place, authorized airport or authorized point of entry, prescribed under the Immigration Act 1959/63 [Act 155];
(b) any legal landing place, customs port, customs airport or place of import and export by road or railway, prescribed under the Customs Act 1967;
(c) any entry point, quarantine station or quarantine premises, specified or declared under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728];
(d) any free zone declared under the Free Zones Act 1990 [Act 438]; or
(e) any quarantine station declared under the Prevention and Control of Infectious Diseases Act 1988 [Act 342];
“Director General” means the Director General of Malaysia Border Control and Protection Agency appointed under subsection 4(1);
“Minister” means the Minister charged with the responsibility for home affairs;
“ o ff i c e r o f t h e A g e n c y ” m e a n s t h e o ff i c e r o f t h e Malaysia Border Control and Protection Agency appointed under subsection 5(1), and includes the Director General and the Deputy Director General of the Agency;
“competent authorities” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, of the Federal Government or of any State Government established under any written law or otherwise, which is responsible for the implementation and enforcement of the relevant written laws;
“relevant written laws” means the federal written laws specified in the Second Schedule and includes any subsidiary legislation made under the written laws.
Part II ESTABLISHMENT OF MALAYSIA BORDER CONTROL AND PROTECTION AGENCY AND APPOINTMENT OF OFFICERS
(1) The Malaysia Border Control and Protection Agency is established.
(2) The Agency shall, subject to this Act, be employed at the prescribed area to carry out functions and powers relating to border control and protection in accordance with the relevant written laws.
(1) The Yang di-Pertuan Agong shall appoint a Director General, who shall head the Agency, and such number of Deputies Director General, from among the members of the public services.
(2) The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment.
(3) 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 such compulsory retirement he may be reappointed as the Director General by the Yang di-Pertuan Agong on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.
(4) The Director General shall be responsible for the directions, command, control and supervision of all matters relating to the Agency.
(5) Where the Director General is, for any reason, unable to perform his duties for any period or where the office of the Director General becomes vacant, the most senior Deputy Director General may exercise all powers and perform all duties of the Director General.
(1) The Minister shall appoint any number of officers of the Agency as may be necessary, from among the members of the public services, for the purpose of carrying into effect the provisions of this Act.
(2) The officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the directions, command, control and supervision of the Director General.
Part III
FUNCTIONS AND POWERS OF AGENCY
(1) The functions of the Agency shall be—
(a) to enforce at the prescribed area the relevant written laws relating to—
(i) inspection and control of people entering into or leaving Malaysia;
(ii) inspection and control of goods taken into or out of the prescribed area;
(iii) inspection, control and quarantine of any plants, animals, carcasses, fish, agricultural produce, soils and microorganisms taken into or out of Malaysia;
(iv) inspection and control of any vehicle taken into or out of Malaysia;
(v) inspection and control of food and things incidental to food, drugs, poisons, cosmetics and other things related to health taken into or out of Malaysia;
(vi) inspection and control of wildlife, part of wildlife or derivative of wildlife taken into or out of Malaysia;
(vii) prevention and investigation of any offence; and
(viii) issuance of any pass, permit or any other document for the purpose of controlling the movement of people, goods, vehicles, plants, animals, carcasses, fish, agricultural produce, soils, microorganisms, food and other things incidental to food, drugs, poisons, cosmetics, wildlife, part of wildlife or derivative of wildlife or other things;
(b) to carry out surveillance and patrol at the prescribed area;
(c) to gather information and intelligence for the purposes of border control and protection; and
(d) to manage and administer any entry point complex.
(2) The Agency shall carry out the functions under subsection (1) in accordance with the directions or requirement issued by the competent authorities under the relevant written laws.
(3) In exercising the function under subparagraph (1)(a)(i) for the States of Sabah and Sarawak, the Agency shall comply with the directions given by the State Authority to the Director of Immigration of Sabah or Sarawak, as the case may be, pursuant to Part VII of the Immigration Act 1959/63.
(4) For the purposes of this section, “State Authority” has the same meaning assigned to it under section 62 of the Immigration Act 1959/63.
(1) An officer of the Agency shall have, for the purposes of this Act, all the powers which the competent authorities may exercise under the relevant written laws and do all things reasonably necessary for or incidental to the performance of the functions of the Agency under section 6.
(2) An officer of the Agency shall have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] in relation to enforcement, investigation and inspection, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.
Where there is any overlapping of functions at the prescribed area between the Agency and any competent authority, the overlapping of functions shall be dealt and resolved with administratively.
Where an offence has been committed under any written law of the State of Sabah or Sarawak at any prescribed area, the enforcement, investigation and prosecution of the offence shall be carried out by the competent authorities of the State of Sabah or Sarawak.
In exercising the powers to prevent or investigate commission of an offence within a prescribed area, an officer of Agency may exercise such powers outside the prescribed area if he reasonably believes that such action is necessary to prevent the commission of the offence or to complete the investigation of that offence.
(1) In addition to and without affecting the existing power of the Agency under this Act, when escorting and guarding any person in custody of the Agency, an officer of the Agency shall have all the powers of a police officer of the rank of Corporal and below and the powers of a prison officer of the rank of Sergeant and below under the Prison Act 1995 [Act 537].
(2) For the purposes 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 an officer of the Agency 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 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 Act and the Criminal Procedure Code, the provisions of this Act shall prevail.
(1) The Agency may, in exercising its functions and powers under this Act, engage or require any assistance from, any person or the competent authorities.
(2) The Agency and the competent authorities shall closely coordinate, consult and liaise with each other and render to each other assistance for carrying out the provisions of this Act.
Part IV GENERAL
No prosecution for or in relation to any offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
(1) Any expenses incurred by any person as a result of the conditions imposed by an officer of the Agency in exercising his powers under this Act shall be borne by the person himself.
(2) No compensation shall be payable to any person for any loss incurred following the disposal by an officer of the Agency of any goods forfeited or deemed to be forfeited under this Act or the relevant written laws.
(3) The cost of holding any goods or documents which is held in the custody of the officer of the Agency pending completion of any proceedings in respect of an offence under the relevant written laws shall be borne by any person who is convicted of such offence and shall be recoverable as a debt due to the Government.
Where money is collected or received by any officer of the Agency on behalf of the competent authorities in carrying out the functions and powers under the relevant written laws, the money shall be dealt with in accordance with the relevant written laws, and directions or requirement of the competent authorities.
No action, suit, prosecution or other proceedings shall be brought, instituted or maintained in any court against—
(a) any officer of the Agency; and
(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General,
if the act, neglect or default was done or committed by him in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provisions of this Act.
(1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Director General—
(a) no officer of the Agency whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and
(b) no other person who has by any means access to any information or document relating to the affairs of the Agency shall disclose such information or document.
(2) The name, address, identification card number and passport number of an informer and the substance of the information received from an informer shall be kept secret and shall not be disclosed by any officer of the Agency or any person who in the ordinary course of his duties comes into possession of or has control of or access to such information to any person except the designated officer of the Agency authorized by the Director General.
(3) Any person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or to both.
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Agency, any officer of the Agency or the officers of the competent authorities in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith, in such capacity.
(1) An authority card shall be issued to every officer of the Agency and the card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act.
(2) Whenever such officer of the Agency exercises any of the powers under this Act, he shall, when not in uniform, on demand, declare his office and produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).
(3) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any officer of the Agency acting or purporting to act under this Act if such officer is not in uniform and refuses to declare his office and produce his authority card, on demand being made by such person.
(1) An officer of the Agency shall be supplied with such uniform and equipment as determined by Director General by a Standing Order issued under section 23.
(2) Every officer of the Agency shall wear a uniform and equipment determined by the Director General while on duty unless exempted in writing by the Director General.
(3) When a person ceases to be an officer of the Agency, he shall, within fourteen days, deliver to the person appointed by the Director General for that purpose his uniform and equipment which have been supplied to him.
(4) Any person who, having ceased to be an officer of the Agency, without good cause, fails to comply with subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both, and, in addition, shall be liable to pay the value of the uniform and equipment not delivered up and shall be recoverable as if it were a fine.
S u b j e c t t o a n y r e s t r i c t i o n a n d r e q u i r e m e n t u n d e r the Arms Act 1960 [Act 206], an officer of the Agency may, in the performance of his duties under this Act, carry arms.
Any person who—
(a) assaults, obstructs, hinders, interferes or threatens any officer of the Agency or other public servant or any person acting in his aid or assistance or duly employed in the performance of his powers under this Act;
(b) rescues or endeavours to rescue, or causes to be rescued, any goods which have been duly seized or any person who has been detained;
(c) without lawful authority, breaks, tampers with or damages the seal attached to any goods or such receptacles, packages or conveyances seized by officer of the Agency or removes any goods and such receptacles, packages or conveyances under seal, or attempts to do so;
(d) before or after any seizure, breaks or otherwise destroys any package or goods to prevent the seizure thereof or the securing of the same; or
(e) refuses to give such information or furnishes as true information which he knows or has reason to believe to be false when being required by this Act to give any information which may reasonably be required by an officer of the Agency,
commits an offence and shall, on first conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand ringgit or to both, and on a second or subsequent conviction, to imprisonment for a term not exceeding seven years or to a fine not exceeding one million ringgit or to both.
The Director General may issue administrative orders to be called “Standing Order”, consistent 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.
The Minister may, after consultation with the Minister in charge with the responsibility for the relevant written laws, by order published in the Gazette, amend the First Schedule and the Second Schedule.
Part V SAVING
(1) Any pass, permit or other document issued under the relevant written laws before the coming into operation of this Act and in force immediately before the coming into operation of this Act shall continue to remain in force and have effect until the pass, permit or other document expires, or is withdrawn or cancelled.
(2) Any pending application for any pass, permit or other document made under the relevant written laws before the coming into operation of this Act shall not be affected by this Act and shall be dealt with as if this Act had not been enacted.
First Schedule
[Section 2]
Part V — Entry point and free zones under the malaysian
Penang International Airport, Bayan Lepas (Pulau Pinang)
Kuala Lumpur International Airport, Sepang (Selangor)
Kuala Lumpur All those lands situated in the Town Area of Sepang International International Airport, District of Sepang bounded Airport, by the grey line as shown in the Gazette Plan 1207 Sepang, deposited in the office of the Director of Survey, State Selangor (Free of Selangor. Zone)
Part VI — Quarantine station under the prevention and
Chemical Weapons Convention Sections 30, 35, 37, 43, 44, 45, Act 2005 [Act 641] 46, 53, 55 and 56
National Heritage Act 2005 Section 83 [Act 645]
M a l a y s i a n R u b b e r B o a r d Section 37 and Part VII (Incorporation) Act 1996 [Act 551]
National Kenaf and Tobacco Section 27 and Part VII Board Act 2009 [Act 692]
M a l a y s i a n C o c o a B o a r d Section 22 and Part Va (Incorporation) Act 1988 [Act 343]
Malaysian Palm Oil Board Act Section 35 and Part VI 1998 [Act 582]
Malaysian Timber Industry Section 20 and Part IVa Board (Incorporation) Act 1973 [Act 105]
Malaysian Pepper Board Act Part VI 2006 [Act 656]
Cite this legislation
- Official citation
- Act 860
- Source
- lom.agc.gov.my
- Data synced
- Licence
- MY-CopyrightAct1987-s3-official-text-exclusion ↗
Malaysia Border Control and Protection Agency Act 2024 [Act 860] (lom.agc.gov.my, MY-CopyrightAct1987-s3-official-text-exclusion). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-860
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
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).