*NATIONAL SECURITY COUNCIL ACT 2016

This Act comes into operation on a date to be appointed by the

Prime Minister by notification in the Gazette.

Interpretation

any ministry, department, office, agency, authority, commission, committee, board or council of the Federal

Government, or of any of the State Governments, established under any written law or otherwise;

any local authorities; and

the Security Forces;

“security area” means any area declared by the Yang di-Pertuan

Agong under section 18;

“Director General” means the Director General of National

Security appointed under section 15;

“Council” means the National Security Council established under section 3;

“Security Forces” means―

the Royal Malaysia Police, the Royal Malaysia Police

Volunteer Reserve and the Auxiliary Police referred to in the Police Act 1967 [Act 344];

the armed forces;

any force which is a visiting force for the purposes of

Part I of the Visiting Forces Act 1960 [Act 432]; or

the

Malaysian

Maritime

Enforcement

Agency established under the Malaysian Maritime Enforcement

Agency Act 2004 [Act 633];

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“Director of Operations” means any person appointed by the

Council under section 20;

“Chairman” means the Chairman of the Council referred to in section 6;

“declaration” means the declaration of a security area made under section 18.

The Council shall be the Government’s central authority for considering matters concerning national security.

Functions of the Council

to formulate policies and strategic measures on national security, including sovereignty, territorial integrity, defence, socio-political stability, economic stability, strategic resources, national unity and other interests relating to national security;

to monitor the implementation of the policies and strategic measures on national security;

to advise on the declaration of security areas; and

to perform any other functions relating to national security for the proper implementation of this Act.

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Powers of the Council

to control and coordinate Government Entities on operations concerning national security; and

to issue directives to any Government Entity on matters concerning national security.

Membership of the Council

the Prime Minister as Chairman;

(Deleted by Act A1625);

the Minister charged with the responsibility for defence;

the Minister charged with the responsibility for home affairs;

the

Minister charged with the responsibility for communication and multimedia;

the Chief Secretary to the Government;

the Chief of Defence Forces; and

the Inspector General of Police.

The Chairman shall appoint from amongst the members of the

Council a Deputy Chairman.

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Meetings

The meetings shall be held at the time and place as determined by the Chairman.

Procedure at meetings

If the Chairman is absent from any meeting of the Council, he may appoint the Deputy Chairman or, in the absence of the Deputy

Chairman, any other member of the Council, to replace him as the chairman of the meeting.

The quorum of the Council shall be five.

Temporary exercise of functions of Chairman

the office of the Chairman is vacant;

the Chairman is absent from duty or from Malaysia; or

the Chairman is, for any other reason, unable to carry out his functions.

The Deputy Chairman shall, during the period in which he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.

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Council may invite others to meetings

The Council may appoint any person to be a member of any committee established under subsection (1).

The Council may appoint any of its members or any other person to be the chairman of the committee established under subsection (1).

The committee shall be subject to and act in accordance with any direction given by the Council.

The committee shall meet as often as may be necessary at the time and place as the chairman of the committee may determine.

The committee may regulate its own procedure.

The committee may invite any other person to attend any meeting of the committee for the purpose of advising the committee on any matter under discussion.

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Secretary to the Council

The Secretary shall be responsible—

The Secretary shall, in carrying out his responsibilities, act under the direction of the Council.

Fund

There shall be appointed Deputies Director General of National

Security and such number of other officers and servants from amongst the public officers as is considered necessary or expedient for the purposes of carrying out and giving effect to the provisions of this Act.

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The Director General shall be responsible to the Council in the performance of his duties under this Act.

The Deputies Director General and such other officers and servants referred to in subsection (2) shall be subject to the general direction and supervision of the Director General.

Duties and powers of the Director General

Without prejudice to the generality of subsection (1), the

Director General shall have the following duties:

Notwithstanding subsection

, the supervisory and monitoring functions conferred on the Director General shall not extend to the operational control of the Security Forces.

Duties of Government Entities in relation to information or intelligence

Upon direction by the Council, any Government Entity or any person shall immediately make available any information or intelligence in its or his possession which relates to national security to the Council through the Director General.

For the purposes of this section, the Council may issue a directive to facilitate the sharing of information and intelligence between the Government Entities.

A declaration made under subsection (1) shall―

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A declaration made under subsection (1) shall, but without prejudice to anything previously done by virtue of the declaration, cease to have effect upon the expiration of six months from the date it comes into force.

Notwithstanding subsection (3), a declaration in force may be renewed by the Yang di-Pertuan Agong, on the advice of the Council, from time to time for such period, not exceeding six months at a time, as may be specified in the declaration.

A declaration made under subsection (1) and a renewal of declaration made under subsection (4) shall be published in such manner as the Prime Minister thinks necessary for bringing it to the notice of the public.

A declaration made under subsection (1) and the renewal of declaration made under subsection (4) shall be published in the Gazette and laid before both Houses of Parliament as soon as possible after it has been made, and if resolutions are passed by both Houses of

Parliament annulling the declaration, it shall cease to have effect, notwithstanding subsections (3) and (4), but without prejudice to anything previously done by virtue of the declaration.

Notwithstanding anything in subsection (2), (3), (4) or (6), the

Yang di-Pertuan Agong may, on the advice of the Council, at any time, revoke the declaration.

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Executive order of the Council

The executive order issued by the Council may include the deployment of any Security Forces or any other relevant Government

Entities to the security area.

The Council may amend, replace or revoke the executive order issued under subsection (1).

The executive order shall remain in force until it is revoked by the Council but notwithstanding this it shall cease to have effect if the declaration made under section 18 ceases to have effect or is revoked.

Director of Operations

The Director of Operations shall be responsible to the Council.

Duties and powers of Director of Operations

to prepare strategic plans for the deployment of the Security

Forces to the security area and to provide strategic direction to such Security Forces;

to establish unified commands of the Security Forces in the security area;

to supervise, control and co-ordinate the deployment of the

Security Forces to the security area; and

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to perform such other functions as directed by the Council.

The Director of Operations shall have the power to do all things necessary or expedient for or in connection with the performance of his duties in the security area.

In the interest of national security, the Director of Operations may in relation to a security area—

The committee established under paragraph (3)(a) shall be responsible to the Director of Operations.

The Government Entities which have been issued with the directive referred to in paragraph (3)(b) shall comply with the directive.

Any individual who fails to comply with the request under paragraph (3)(c) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.

Any entity other than a Government Entity which fails to comply with the request under paragraph (3)(c) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.

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The Director of Operations may, by order in writing, evacuate any person or group of persons from the security area or any part of the security area, and resettle such person or group of persons to an area as determined by the Director of Operations.

Any person who fails to comply with the order under subsection (1) or (2) 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 years or to both.

Curfew

No order under this section shall apply to—

Any person who fails to comply with the order under subsection (1) 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 years or to both.

Power to control movement, road, etc.

to control the movement of any person or any vehicle, vessel, aircraft or conveyance in and out of the security area, including to direct to leave the security area and to refuse entry into the security area;

to control or prohibit the use of any road or water-way in, or air space above, any security area by any person or any vehicle, vessel, aircraft or conveyance; or

to close any road or water-way in the security area.

If a member of the Security Forces in the security area believes on reasonable grounds that a dangerous thing is in or on any vehicle, vessel, aircraft or conveyance in the security area, the member of the

Security Forces may do anything necessary to stop the vehicle, vessel, aircraft or conveyance including erecting barriers or other structures.

If the member of the Security Forces stops the vehicle, vessel, aircraft or conveyance, the member of the Security Forces shall not detain it for longer than is reasonable and necessary to search it and anything found in or on it.

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Power of arrest

Any member of the Security Forces may, without warrant, enter and search any premises or place if he suspects that any article or thing being evidence of the commission of an offence against any written law is likely to be found on the premises or place, and may seize any article or thing so found.

Power to search premises for dangerous things

there is a dangerous thing on any premises in the security area; and

it is necessary as a matter of urgency to make the dangerous thing safe or to prevent it from being used, the member of the Security Forces may—

enter into and search the premises;

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seize anything found on the premises in the course of the search that the member of the Security Forces believes on reasonable grounds to be a dangerous thing; and

search any person who is at or near the premises where the search is being carried out and seize any dangerous thing found on the person whom the search member believes on reasonable grounds to have any dangerous thing in his possession.

If any member of the Security Forces seizes a dangerous thing—

If the member of the Security Forces believes on reasonable grounds that the dangerous thing has been used or otherwise involved in the commission of an offence against any written law, the member of the Security Forces shall, as soon as practicable, hand over the dangerous thing to the officer-in-charge of the nearest police station.

If the member of the Security Forces believes on reasonable grounds that the dangerous thing has not been used or otherwise involved in the commission of an offence against any written law, the member of the Security Forces shall, if it is practicable to do so, return the dangerous thing to the the occupier of the premises which have been searched, or to his agent or servant at the premises.

If the member of the Security Forces seizes a dangerous thing from a person and believes on reasonable grounds that the person used the thing in the commission of an offence against any written law, the member of the Security Forces may detain the person for the purpose

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of placing him in the custody of a police officer at the earliest practicable time.

Power to search persons for dangerous things

search the person for such dangerous thing; and

seize such dangerous thing found in the search.

Power to seize vehicle, vessel, aircraft or conveyance

Any member of the Security Forces may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with directions given to any person under subsection (1).

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While any land, building or movable property is in temporary possession of the Director of Operations or any person authorized by the Director of Operations under this section, the land, building or movable property may, notwithstanding any restriction imposed on the use thereof (whether by any written law or other instrument or otherwise), be used by, or under the authority of, the Director of

Operations or any person authorized by the Director of Operations for such purpose, and in such manner, as the Director of Operations or any person authorized by the Director of Operations thinks expedient in the interest of national security or for the accommodation of any Security

Forces.

The Director of Operations or any person authorized by the

Director of Operations, so far as appears to him to be necessary or expedient in connection with the taking of temporary possession or use of the land, building or movable property in pursuance of subsection

—

The owner or occupier of any land, building or movable property shall, if requested by or on behalf of the Director of Operations or any person authorized by the Director of Operations so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land, building or movable property, being information which may reasonably be demanded of him in connection with the execution of this section, as may be so specified.

Any person aggrieved by reason of the taking possession of any land, building or movable property under this section may, within

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fourteen days after possession has been taken, give notice of his objection thereto to an advisory committee appointed under subsection

.

The advisory committee referred to in subsection (6) shall consist of the persons appointed by the Director General and such committee may make rules for the conduct of its proceedings.

The chairman of an advisory committee to which such notice has been given under subsection (6) by an aggrieved person shall inform the Director of Operations or any person authorized by the Director of

Operations who has taken possession of the land, building or movable property.

The advisory committee shall consider the objection made by the aggrieved person under subsection (6) and any grounds which may be put forward against the objection by the Director of Operations or any person authorized by the Director of Operations who has taken possession of the land, building or movable property and shall forward its recommendations to the Director General.

The

Director

General shall, after considering the recommendations of the advisory committee, give such directions as he thinks fit.

If possession is taken of any land, building or movable property in any security area under subsection (1) or the Director

General gives direction under subsection (10) to the Director of

Operations or any person authorized by the Director of Operations to take temporary possession of any land, building or movable property in the security area, compensation shall be paid to the aggrieved person.

Demand for use of resources

Compensation shall be paid to the person whose resources are demanded under this section.

For the purposes of this section, “resources” includes utilities and assets.

Compensation

to be likely that the building or structure will, if left standing, be used by persons who intend, or are about, to act or have recently acted in a manner prejudicial to national security or by any other person who is likely to harbour any such person; and

to be impracticable in any other way to prevent such use, destroy or authorize the destruction of that building or structure.

Compensation shall be paid to any aggrieved person in respect of the destruction of any building or structure under this section if the aggrieved person satisfies the Director General that—

Compensation may be paid to the aggrieved person in relation to any building or structure erected by or with the consent of the person lawfully entitled to the land on which it was erected, notwithstanding that the building or structure is liable to forfeiture under any written law, if the aggrieved person satisfies the Director General that the building or structure was used by persons who intend, or are about, to act or have recently acted, in a manner prejudicial to national security or that those persons were being or had been harboured by his servant or agent, as the case may be, without his knowledge or consent, and that he exercised all due diligence to prevent the building or structure being so used or the harbouring of those persons, as the case may be.

Any compensation payable under this section shall be as assessed by the Director General.

Use of reasonable and necessary force

The use of such force against a person shall not—

a Magistrate or a coroner may dispense with the holding of a death inquiry or inquest on the dead body of any member of the Security Forces on duty; and

where the Magistrate or coroner responsible for holding a death inquiry or inquest upon the body of any person is satisfied that the person has been killed in the security area as a result of operations undertaken by the Security Forces for the purpose of enforcing any written laws, the Magistrate or coroner, as the case may be, may dispense with the holding of a death inquiry or inquest on the body of the person.

Arrested persons and things seized to be handed over to police

no member of the Council or committee or any person attending any meeting of the Council or committee, whether during or after his tenure of office or employment,

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shall disclose any information obtained by him in the course of his duties; and

no other person who has by any means access to any information or document relating to the affairs of the

Council shall disclose such information or document.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit or to both.

Protection against suits and legal proceedings

Without prejudice to the generality of subsection (1), Council may make regulations—

The regulations made under this Act may provide for any act or omission in contravention of the regulations to be an offence and may provide for penalties of a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or both.

Liability of director, etc., of company, etc.

may be charged severally or jointly in the same proceedings with the company, limited liability partnership, firm, society or other body of persons; and

if the company, limited liability partnership, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of the offence and shall be liable to the same punishment or penalty as an individual unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves―

that the offence was committed without his knowledge; and

by that person’s employee in the course of his employment;

by that person’s agent when acting on behalf of that person; or

by the employee of that person’s agent when acting in the course of his employment by that person’s agent or

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otherwise on behalf that person’s agent acting on behalf of that person, that person shall be liable to the same punishment or penalty for every such act, omission, neglect or default of that person’s employee or agent, or of the employee of that person’s agent.

Any directive, order or decision made by the existing National

Security Council and in force immediately before the commencement of this Act shall, upon the commencement of this Act, so far as it is not inconsistent with this Act continue to remain in force until it is revoked by the Council.

Existing committees