Section 2

has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country;

has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner;

or

is being improperly used by a person other than the rightful holder;

“exploitation” includes all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;

“child” means a person who is under the age of eighteen years;

“Court” means Sessions Court;

“Council” means the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants established under section 6;

“Minister” means the Minister charged with the responsibility for internal security;

“smuggled migrant” means a person who is the object of the act of smuggling of migrants, regardless of whether that person participated in the act of smuggling of migrants;

“receiving country” means a country into which a trafficked person or a smuggled migrant is brought as part of an act of trafficking in persons or smuggling of migrants, as the case may be;

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“transit country” means a country from which, or into or through which, a trafficked person or a smuggled migrant, as the case may be, is brought or travels through by land, sea or air or temporarily remains in as part of an act of trafficking in persons or smuggling of migrants;

“trafficked person” means any person who is the victim or object of an act of trafficking in persons;

“officer of the Malaysian Maritime Enforcement Agency” has the same meaning assigned to it by the Malaysian Maritime

Enforcement Agency Act 2004 [Act 633];

“Labour Officer” means a Labour Officer appointed under section 3 of the Employment Act 1955 [Act 265] or section 3

of the Sabah Labour Ordinance [Sabah Cap. 67] or section 3 of the Sarawak Labour Ordinance [Sarawak Cap. 76];

“immigration officer” has the same meaning assigned to it by the Immigration Act 1959/63 [Act 155];

“Officer of customs” has the same meaning assigned to it by the Customs Act 1967 [Act 235];

“Social Welfare Officer” means any Social Welfare Officer in the ministry or department responsible for welfare services and includes any Assistant Social Welfare Officer;

“Protection Officer” means any officer appointed under section 43;

“enforcement officer” means any officer specified in subsection 27(1)

or any public officer appointed under subsection 27(1a);

“medical officer” means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a University;

“permanent resident” has the same meaning assigned to it by the Courts of Judicature Act 1964 [Act 91];

Act 670

“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means:

threat or use of force or other forms of coercion;

abduction;

fraud;

deception;

abuse of power;

abuse of the position of vulnerability of a person to an act of trafficking in persons; or

the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;

“conveyance” means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;

“smuggling of migrants” means—

arranging, facilitating or organizing, directly or indirectly, a person’s unlawful entry into or through, or unlawful exit from, any country of which the person is not a citizen or permanent resident either knowing or having reason to believe that the person’s entry or exit is unlawful;

and

recruiting, conveying, transferring, concealing, harbouring or providing any other assistance or service for the purpose of carrying out the acts referred to in paragraph (a);

“Protection Order” means an order made by a Magistrate for the care and protection of a trafficked person under paragraph 51(3)(a);

“premises” means house, building, factory, land, tenement, easement of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any container;

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Anti-Smuggling of Migrants 11

“place of refuge” means a place of refuge declared by the

Minister under subsection 42(1) of this Act.

Scope of application