/akn/my/act/amendment_act/2022/A1644
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ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS (AMENDMENT) ACT 2022 is Malaysia Amendment Act, cited as Amendment Act A1644 2022, currently marked in force and first recorded in 2022.
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—
in the English language text, in the definition of
“exploitation”, by substituting for the word “means” the word “includes”;
in the definition of “enforcement officer”, by substituting for the words “section 27” the words “subsection 27(1)
or any public officer appointed under subsection 27(1a)”;
and
by substituting for the definition of “trafficking in persons”
the following definition:
‘ “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:
abuse of the position of vulnerability of a person to an act of trafficking in persons; or
the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;”.
Amendment of section 6
Subsection 6(2) of the principal Act is amended—
in paragraph (o), by substituting for the word “two” the word “three”.
Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)
5
Amendment of section 12
Section 12 of the principal Act is amended—
by substituting for the words “a child” the words “a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition”;
by substituting for the words “fifteen years” the words
“twenty years”.
Substitution of section 13
The principal Act is amended by substituting for section 13
the following section:
Quoted provision
Any person who commits an offence of trafficking in persons, where the trafficked person not being a child or not being a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition where any of the following applies:
in committing the offence, the person caused grievous hurt to the trafficked person or to any other person;
in committing the offence, the person caused death to the trafficked person or to any other person;
in committing the offence, where caused by or at the time the person was trafficked, the trafficked person committed suicide;
in committing the offence, the person exposed the trafficked person to life threatening diseases, including the Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS);
in committing the offence, the person engaged in trafficking in persons activities as part of an organized criminal group activity; or
where the offence of trafficking in persons was committed by a public officer in the performance of his public duties, shall, on conviction, be punished with imprisonment for life or with imprisonment for a term which shall not be less than five years, and shall also be liable to whipping.”.
Amendment of section 14
“Aggravated offence of trafficking in persons
in the shoulder note, by inserting after the word “children”
the words “or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition”;
by substituting for the words “a child” the words
“a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition”;
by substituting for the words “imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine” the words “imprisonment for life or with imprisonment for a term which shall not be less than five years, and shall also be liable to whipping”; and
Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)
by inserting after the renumbered subsection (1) the following subsection:
“(2) In a prosecution for an offence under this section, the means used against a trafficked person who is a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition is irrelevant and is not a requirement to be proved.”.
Amendment of section 15a
Section 15a of the principal Act is amended by substituting for the words “seven years” the words “fifteen years”.
Amendment of section 19
Section 19 of the principal Act is amended by substituting for the words “ten years” the words “fifteen years”.
Amendment of section 26a
Section 26a of the principal Act is amended by substituting for the words “fifteen years” the words “twenty years”.
Amendment of section 26b
in the national language text, by substituting for the word
“menjalankan” the word “melakukan”;
in paragraph (c), by substituting for the comma at the end of the paragraph the words “; or”;
by inserting after paragraph (c) the following paragraph:
“(d) where the offence of smuggling of migrants was committed by a public officer in the performance of his public duties,”; and
by substituting for the words “imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine, or to both” the words “imprisonment for life or with imprisonment for a term which shall not be less than five years, and shall also be liable to whipping”.
Amendment of section 26c
Section 26c of the principal Act is amended by substituting for the words “seven years” the words “fifteen years”.
Amendment of section 27
Section 27 of the principal Act is amended by inserting after subsection (1) the following subsections:
“(1a) The Minister may, after consultation with any other relevant Minister, appoint any public officer as may be deemed necessary as an enforcement officer for the purposes of this
Act and the public officer appointed as such may exercise all powers of enforcement.
Every appointment under subsection (1a) shall be published in the Gazette.”.
Amendment of section 42
Section 42 of the principal Act is amended by inserting after subsection (2) the following subsections:
“(3) The Minister charged with the responsibility for women, family and community development shall be responsible for any matter relating to the management, administration and control over the place of refuge declared under subsection (1), the trafficked person in the place of refuge and the Protection
Officer appointed under section 43.
The Minister charged with the responsibility for women, family and community development may issue any directions in any manner, whether generally or specifically for the purposes referred to in subsection (3).”.
Amendment of section 43
Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)
in subsection (1), by substituting for the words “Social
Welfare Officers or any other public officers” the words
“Social Welfare Officers, any other public officer or any other person”; and
Subsection 51(5) of the principal Act is amended by inserting after the words “section 52” the words “, the recording of deposition for the purposes of section 61a”.
Amendment of section 54
The principal Act is amended by substituting for subsection 54(3) the following subsection:
“(3) Notwithstanding subsection (1), the court may, upon an application made by a Protection Officer or an enforcement officer, and being satisfied that the trafficked person requires further care and protection for a reasonable reason or for the purposes of the management of repatriation, make an order that the trafficked person be placed in a place of refuge for any further period as the Magistrate may think fit.”.
Amendment of section 57
Section 57 of the principal Act is amended by inserting after the words “The Minister may,” the words “after consultation with the Minister charged with the responsibility for women, family and community development,”.
Amendment of section 66
Subsection 66(2) of the principal Act is amended by deleting paragraph (f).
Saving
All directions, declarations, Protection Orders and interim protection orders made, issued or granted under the principal Act shall, to the extent that the directions, declarations, Protection
Orders and interim protection orders are consistent with the principal Act as amended by this Act, continue to be in force until such directions, declarations, Protection Orders and interim protection orders are revoked or amended.
Any investigation, recording of deposition, trial or proceedings done, taken or commenced under the principal Act immediately before the coming into operation of this Act, shall be dealt with as if the principal Act had not been amended by this Act.