Malaysia legislation
Section 66
of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007
Section 66
Regulations
(2)
Without prejudice to the generality of subsection (1), regulations may be made—
(a)
to prescribe the functions or any other matters in relation to the Council;
(aa) to prescribe the qualifications, conditions, procedures or any other matters relating to the granting of permission to move freely and to work under section 51a;
(b)
to provide for an offence, any act or omission which contravenes any provision of any regulations;
(c)
to provide for the imposition of penalties for such offences;
(d)
to prescribe measures for the care and protection of trafficked persons at the place of refuge;
Act 670
(e)
to prescribe for the powers and functions of a Protection
Officer;
(f)
(Deleted by Act A1644);
(fa) to provide for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Malaysia of any person under this Act;
(g)
to provide for any matter which, under this Act, is required or permitted to be prescribed or which is necessary or expedient to be prescribed.
Order for payment of compensation to the trafficked person 66a. (1) The Court before which a person is convicted of an offence under this Act may make an order for the payment of a sum fixed by the Court by way of compensation by the convicted person to the trafficked person.
(2)
In relation to the order of the payment of compensation, subsections 426(1a), (1b), (1c) and (1d) of the Criminal Procedure
Code [Act 593] shall apply.
(3)
For the purposes of payment of compensation, section 432
of the Criminal Procedure Code shall apply.
(4)
The order of payment of compensation under this section shall not prevent the commencement of any civil action in Court by the trafficked person against the convicted person.
Order for payment of wages in arrears in the case of no conviction 66b. (1) In the case of no conviction of an offence under this
Act, where payment of wages is in arrears to an alleged trafficked person, the Court shall make an order for the payment of such wages in arrears of a sum fixed by the Court to the alleged trafficked person upon application of the Public Prosecutor after conducting an inquiry by the Court.
(2)
For the purposes of determining the sum of wages in arrears, the Court shall conduct an inquiry within seven days after the date of the decision to determine the order under subsection (1).
Anti-Trafficking in Persons and
Anti-Smuggling of Migrants 57
(3)
For the purposes of subsection (2), any evidence produced during the trial of an offence under this Act may be used as evidence by the Court to determine the payment of wages in arrears.
(4)
For the purposes of the payment of wages in arrears under subsection (1), section 432 of the Criminal Procedure Code shall apply.
Prevention of anomalies