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Amendment Act

Dangerous Drugs (Special Preventive Measures) (Amendment) Act 2016

Feedback & supportAmends the Dangerous Drugs (Special Preventive Measures) Act 1985

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title

This Act may be cited as the Dangerous Drugs (Special

Preventive Measures) (Amendment) Act 2016.

s 2Amendment of section 1

The Dangerous Drugs (Special Preventive Measures) Act 1985

[Act 316], which is referred to as the “principal Act” in this Act, is amended in section 1 by deleting subsections (3), (4) and (5).

s 3Amendment of section 4

Subsection 4(1) of the principal Act is amended by inserting after the words “under this Act may” the words “direct any police officer not below the rank of Sergeant to”.

s 4Amendment of section 5

Section 5 of the principal Act is amended by inserting after subsection (3) the following subsections:

“(3a)  The Public Prosecutor may appear at an inquiry under paragraph (3)(c).

(3b)

The Minister may prescribe the allowances to be paid to any person or witnesses summoned or required to be present under subsection (3).”.

s 5New section 5a

The principal Act is amended by inserting after section 5 the following section:

s 5a“Offence for failure to attend to give evidence, etc.

For the purpose of subsection 5(3), any person or witness summoned or required to attend who without reasonable excuse fails to attend at the time and place mentioned in the summons or who, having attended, refuses to answer any question that may lawfully be put to him, or refuses to produce any document or thing which it is in his power to produce, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.”.

s 6Amendment of section 6

Section 6 of the principal Act is amended—

(a)

in subsection (3), by inserting after paragraph (h) the following paragraphs:

“(ha) that he shall use only equipment and facilities of communication which are declared to and approved by the Chief Police Officer of the

State or Federal Territory of the area in which he is required to reside as may be provided in the restriction order;

Dangerous Drugs (Special Preventive Measures)

(Amendment)

5

(hb)

that except so far as may be otherwise provided by the restriction order, he shall not access the internet;

(hc)

that he shall be attached with an electronic monitoring device;”; and

(b)

by inserting after subsection (3) the following subsection:

“(3a) A restricted person shall be conveyed by the police to, and shall be in police custody up to, the area specified in the restriction order.”.

(1)

The amendment to section 1 of the principal Act in section 2

of this Act shall not affect the operation of the resolution passed under subsection 1(4) of the principal Act before the date of coming into operation of this Act which has not expired on the date of coming into operation of this Act.

(2)

Notwithstanding the effective period specified in the resolution referred to in subsection (1), upon the expiry of the said resolution, the principal Act shall continue to remain in full force and effect as amended in this Act.

KUALA LUMPUR