/akn/my/act/amendment_act/2015/A1500
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ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS (AMENDMENT) ACT 2015 is Malaysia Amendment Act, cited as Amendment Act A1500 2015, currently marked in force and first recorded in 2015.
Opening note
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.
Amendment of section 2
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
Amendment of section 6
by inserting after paragraph (l) the following paragraphs:
“(la) the Director-General of the Department of
Women’s Development, or his representative;
(lb) the Director-General of Social Welfare Department, or his representative;
the Director-General of Labour, Department of Labour of Peninsular Malaysia, or his representative;
Director of Labour, Department of Labour Sabah, or his representative;
(le) Director of Labour, Department of Labour Sarawak, or his representative;”; and
by substituting for paragraph (m) the following paragraph:
“(m) a representative of the following Ministries:
the Ministry responsible for internal security;
the Ministry responsible for international trade and industry;
Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)
the Ministry responsible for plantation industries and commodities;”.
New Part Ia
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
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.”.
Amendment of section 7
Subsection 7(1) of the principal Act is amended—
by inserting after paragraph (j) the following paragraph:
“(ja) paying any allowance, subject to the availability of funds, to a trafficked person as the Council may determine; and”.
Amendment of section 11
Section 11 of the principal Act is amended—
by inserting after subsection (1) the following subsection:
“(2) The Secretary of the Council shall have any duties and functions as may be determined by the
Minister.”.
Amendment of section 42
Subsection 42(1) of the principal Act is amended by deleting the words “, by notification in the Gazette,”.
Amendment of section 43
in subsection (1), by deleting the words “, by notification in the Gazette,” and the words “in the notification”;
and
by inserting after subsection (1) the following subsection:
“(1a) The Minister may appoint any person who he thinks fit to exercise the powers and perform the duties of a Protection Officer under this Act subject to any condition as may be specified.”.
Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)
7
Amendment of section 44
Subsection 44(2) of the principal Act is amended by substituting for the words “fourteen days” the words “twenty-one days”.
Amendment of section 51
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
“two years” the words “three months”.
New section 51a
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
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.”.
Amendment of section 52
Council—
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”;
and
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,”.
Amendment of section 54
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.”.
New section 65a
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)
9
Amendment of section 66
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;”.
New sections 66a and 66b
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
Procedure Code [Act 593] shall apply.
For the purposes of payment of compensation, section 432
of the Criminal Procedure Code shall apply.
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.
Order for payment of wages in arrears in the case of no conviction 66b. (1) In the case of no conviction of an offence under this Act, where payment of wages is in arrears to an alleged trafficked person, the Court shall make an order for the payment of such wages in arrears of a sum fixed by the Court to the alleged trafficked person upon application of the Public
Prosecutor after conducting an inquiry by the Court.
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
Code shall apply.”.
Savings
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