Malaysia legislation
Section 10
of DRUG DEPENDANTS (TREATMENT AND REHABILITATION) (AMENDMENT) ACT 2024
Section 10
“Order of Magistrate which may be made on drug or substance dependant
The principal Act is amended by inserting after section 6
the following section:
“Order of Magistrate which may be made on drug or substance misuser 6a. (1) Where a person who has undergone the tests referred to in section 3 or 4 and, in consequence of such tests, is certified by a government medical officer or a registered medical practitioner to be a drug or substance misuser, the officer shall produce the person, or cause the person to appear before a Magistrate.
(2)
Where a drug or substance misuser is produced or appears before a Magistrate, the Magistrate shall, on the recommendation of a Rehabilitation Officer and after giving such person an opportunity to make representations—
(a)
order such person to undergo treatment and rehabilitation in a community under the supervision of a Rehabilitation
Officer at a place specified in the order for a period not exceeding two years; or
(b)
order such person to undergo treatment and rehabilitation at a Rehabilitation Centre specified in the order for a period not exceeding six months.
(3)
An order of treatment and rehabilitation in a community imposed on a person under paragraph (2)(a) shall contain the following conditions:
(a)
the person shall reside in a State or Federal Territory or any area as specified in the order;
(b)
the person shall not leave the area where he resides unless written permission is obtained from the Director General;
(c)
the person shall report at the nearest National
Anti-Drugs Agency office at the time specified in the order;
(d)
the person shall not consume any dangerous drug or substance;
(e)
the person shall undergo such tests at such time and place as determined by a Rehabilitation Officer;
(f)
the person shall undergo such programme for the treatment and rehabilitation of drug or substance misuser as determined by a Rehabilitation Officer; and
(g)
the person shall comply with any direction specified in the Director General’s Standing Order.
(4)
If after due consideration of the Rehabilitation Officer, a person who is undergoing an order of treatment and rehabilitation in a community under paragraph (2)(a) requires treatment and rehabilitation at a Rehabilitation Centre, an officer may produce the person, or cause the person to appear before a Magistrate.
(5)
Where a person is produced or appears before a Magistrate under subsection (4), the Magistrate may, after considering the report by a Rehabilitation Officer and after giving such person opportunity to make representations, order the person to undergo treatment and rehabilitation at a Rehabilitation Centre for a period not exceeding six months.
(6)
Any person undergoing treatment and rehabilitation in a community under paragraph (2)(a) who fails to comply with any of the conditions imposed under subsection (3)
commits an offence and shall, on conviction—
(a)
in the case of a first offence, be liable for an order of an extension of a period of treatment and rehabilitation in a community for a period not exceeding six months;
and
(b)
in the case of a second or subsequent offence, be liable for an order to undergo treatment and rehabilitation at a Rehabilitation Centre for a period not exceeding one year.”.
Drug Dependants (Treatment and Rehabilitation)
(Amendment)
11
Amendment of heading of Part 3