PENAL CODE (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

New sections 130fa and 130fb

in the making or use of any explosive or other lethal device;

penal code (amendment) act 2015

in carrying out a terrorist act; or

in the practice of military exercises or movements, from a member of a terrorist group or a person engaging in, or preparing to engage in, the commission of a terrorist act shall be punished with imprisonment for a term which may extend to thirty years, and shall also be liable to fine.

Attendance at place used for terrorist training 130fb.  (1)  Whoever attends at any place, within or outside

Malaysia—

knowing or having reason to believe that instruction or training is being provided there wholly or partly for the purposes connected with the commission or preparation of a terrorist act; or

where he could not reasonably have failed to understand that instruction or training was being provided there wholly or partly for such purposes, shall be punished with imprisonment for a term which may extend to ten years, or with fine.

For the purposes of this section, it shall be irrelevant—

References in this section to instruction or training being provided include references to instruction or training being made available.”.

Amendment of section 130j

by deleting the word “or” at the end of paragraph (e);

Penal Code (Amendment)

by substituting for the full stop at the end of paragraph (f)

a semicolon; and

by inserting after paragraph (f) the following paragraphs:

“(g) accumulating, stockpiling or otherwise keeping firearms, explosives, ammunition, poisons or weapons to further the activities of a terrorist group;

arranging, managing or assisting in arranging or managing the transportation of persons to further the activities of a terrorist group;

travelling to, entering or remaining in any foreign country to further the activities of a terrorist group or to commit a terrorist act;

encouraging or inducing any person to leave

Malaysia to further the activities of a terrorist group or to commit a terrorist act; or

using social media or any other means to—

advocate for or to promote a terrorist group, support for a terrorist group or the commission of a terrorist act; or

has possession, custody or control of; or

provides, displays, distributes or sells, any item associated with any terrorist group or the commission of a terrorist act shall be punished with imprisonment for a term not exceeding seven years, or with fine, and shall also be liable to forfeiture of any such item.

In this section—

“item” includes publications, visual recordings, flags, banners, emblems, insignia and any other thing displaying symbols associated with a terrorist group, terrorist act or ideology of a terrorist group;

“publications” includes all written, pictorial or printed matter, and everything of a nature similar to written or printed matter, whether or not containing any visible representation, or by its form, shape or in any other manner capable of suggesting words or ideas, or an audio recording and every copy, translation and reproduction or substantial translation or reproduction in part or in whole thereof.

Offence to build, etc. conveyance for use in terrorist acts 130jc.  Whoever—

For the purposes of subsection (1), it shall be irrelevant whether the intention and preparation relate to one or more particular terrorist act.”.

New section 130ta