Malaysia legislation

Section 7

of *NATIONAL ANTI-DRUGS AGENCY ACT 2004

Section 7

(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.