Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2015

This Act may be cited as the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2015.

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.

The Anti-Trafficking in Persons and Anti-Smuggling of Migrants

Act 2007 [Act 670], which is referred to as the “principal Act”

in this Act, is amended in section 2 by substituting for the full stop at the end of the definition of “premises” a semi-colon and inserting after that definition the following definition:

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

Minister under subsection 42(1) of this Act.’.

ANTI-TRAFFICKING IN PERSONS AND

ANTI-SMUGGLING OF MIGRANTS (AMENDMENT)

ACT 2015

Subsection 6(2) of the principal Act is amended—

by deleting paragraph (c);

by inserting after paragraph (l) the following paragraphs:

by substituting for paragraph (m) the following paragraph:

the Ministry responsible for internal security;

the Ministry responsible for international trade and industry;

The principal Act is amended by inserting after Part I the following Part:

“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.

The High Level Committee shall be chaired by the

Subsection 7(1) of the principal Act is amended—

by deleting the word “and” appearing at the end of paragraph (j); and

by inserting after paragraph (j) the following paragraph:

Section 11 of the principal Act is amended—

by renumbering that section as subsection (1); and

by inserting after subsection (1) the following subsection:

Subsection 42(1) of the principal Act is amended by deleting the words “, by notification in the Gazette,”.

Section 43 of the principal Act is amended—

in subsection (1), by deleting the words “, by notification in the Gazette,” and the words “in the notification”;

by inserting after subsection (1) the following subsection:

Subsection 44(2) of the principal Act is amended by substituting for the words “fourteen days” the words “twenty-one days”.

Section 51 of the principal Act is amended—

in subsection (1), by substituting for the words “fourteen days” the words “twenty-one days”; and

in subparagraph (3)(a)(i), by substituting for the words

The principal Act is amended by inserting after section 51

the following section:

“Permission to move freely and to work 51a.  (1)  Subject to any regulations made under section 66, any person to whom an interim protection order has been granted, or any trafficked person to whom a Protection

Order has been granted, may be given permission by the

Council—

to move freely; or

to be employed, engaged or contracted with to carry out work in any occupation during the period of the interim protection order or Protection Order, as the case may be.

A foreign national who is granted permission to work under subsection (1) shall be subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.”.

Section 52 of the principal Act is amended—

in subsection (1), by substituting for the words “At any time during the period of the Protection Order made under subparagraph 51(3)(a)(ii), where” the word “Where”;

in subsection (2), by inserting after the words “is placed,” the words “or to the enforcement officer who is investigating the circumstances of the case of a trafficked person,”.

The principal Act is amended by substituting for paragraph 54(1)(b) the following paragraph:

“(b) in the case of a trafficked person who is a foreign national who has valid documents and is employed, release that person, or in any other case as may be prescribed, release that person to an immigration officer to be returned to his country of origin in accordance with any laws relating to immigration.”.

The principal Act is amended by inserting after section 65

the following section:

“Public servant 65a.  Every Protection Officer, while discharging their duty as such Protection Officer under this Act shall be deemed to be a public servant within the meaning of the Penal Code

[Act 574].”.

Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)

Subsection 66(2) of the principal Act is amended by inserting after paragraph (a) the following paragraph:

“(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;”.

The principal Act is amended by inserting after section 66

the following sections:

“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.

In relation to the order of the payment of compensation, subsections 426(1a), (1b), (1c) and (1d) of the Criminal

For the purposes of payment of compensation, section 432

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.

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).

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.

For the purposes of the payment of wages in arrears under subsection (1), section 432 of the Criminal Procedure

The amendment of this Act shall not affect any order issued or made under the amended Act prior to the date of coming into operation of this Act.

KUALA LUMPUR