In forceAmendedUpdated to 30 Sep 2025Read it in Bahasa Malaysia

Contents

Act of Parliament · Updated to 30 Sep 2025 · 6 parts

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007

Preventing and fighting human trafficking and migrant smuggling

Part I

Preliminary

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the **Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

(2)

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.

*NOTE—Previously known as the Anti-Trafficking in Persons Act 2007. Change in short title vide section 3 of the Anti-Trafficking in Persons (Amendment) Act 2010 [Act A1385] w.e.f.

15 November 2010–see P.U. (B) 500/2010.

**NOTE—All references to the Anti-Trafficking in Persons Act 2007 and the Council for

Anti-Trafficking in Persons in any written law or document shall, on the coming into operation of this

Act, be construed as references to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants respectively–

see section 26 of the Anti-Trafficking in Persons (Amendment) Act 2010 [Act A1385] w.e.f.

15 November 2010–see P.U. (B) 500/2010.

s 2Interpretation

In this Act, unless the context otherwise requires—

“this Act” includes any subsidiary legislation made under this

Act;

“prescribed” means prescribed by the Minister by regulations;

“fraudulent travel or identity document” means a travel or identity document that—

(a)

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;

(b)

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

(c)

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];

“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:

(a)

threat or use of force or other forms of coercion;

(b)

abduction;

(c)

fraud;

(d)

deception;

(e)

abuse of power;

(f)

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

(g)

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—

(a)

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

(b)

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.

s 3Scope of application

The offences under this Act apply, regardless of whether the conduct constituting the offence took place inside or outside

Malaysia and whatever the nationality or citizenship of the offender, in the following circumstances:

(a)

if Malaysia is the receiving country or transit country or the exploitation occurs in Malaysia; or

(b)

if the receiving country or transit country is a foreign country but the trafficking in persons or smuggling of migrants starts in Malaysia or transits Malaysia.

s 4Extension of Act to extra territorial offences

Any offence under this Act committed—

(a)

on the high seas on board any ship or on any aircraft registered in Malaysia;

(b)

by any citizen or permanent resident of Malaysia on the high seas on board any ship or on any aircraft; or

(c)

by any citizen or any permanent resident in any place outside and beyond the limits of Malaysia, may be dealt with as if it had been committed at any place within

Malaysia.

s 5Prevailing law

(1)

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other written law relating to trafficking in persons and smuggling of migrants.

(2)

In the event of any conflict or inconsistency between the provisions of this Act and those of any other written laws, the provisions of this Act shall prevail and the conflicting or inconsistent provisions of such other written laws shall, to the extent of the conflict or inconsistency, be deemed to be superseded.

Part Ia

HIGH LEVEL COMMITTEE

High Level Committee 5a. (1) A High Level Committee shall be established consisting of the ministers of the Ministries who are represented on the

Council.

(2)

The High Level Committee shall be chaired by the Minister.

Meetings of the Committee 5b. The High Level Committee shall meet as often as may be necessary.

Function of the Committee 5c. The High Level Committee shall deliberate on and decide the recommendations made by the Council.