*NATIONAL ANTI-DRUGS AGENCY ACT 2004

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.

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Interpretation

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.

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Appointment of the Director General of the Agency

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.

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.

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.

The Director General shall be responsible for the direction, command, control and supervision of all matters relating to the Agency.

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.

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

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.

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.

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;

to enforce, exercise, discharge and perform the powers, duties and functions under the Drug Dependants (Treatment and Rehabilitation)

Act 1983;

to enforce, exercise, discharge and perform the powers, duties and functions under the Dangerous Drugs (Special Preventive Measures)

Act 1985;

to enforce, administer, carry out and give effect to the provisions of the Dangerous Drugs (Forfeiture of Property) Act 1988;

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to prevent and suppress illicit trafficking and misuse of dangerous drugs;

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];

to educate the public against misuse of dangerous drugs;

to enlist and foster public support in combating misuse of dangerous drugs;

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

generally to perform any other duty for combating misuse of dangerous drugs or do all matters incidental thereto.

Powers of the Agency

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.

Without prejudice to the generality of subsection (2)—

For the purpose of this Act—

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).

Notwithstanding subsection (2), the Agency shall not be required to provide a status report on an investigation of an offence—

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.

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.

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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.

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

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.

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