/akn/my/act/amendment_act/2026/A1790

IMMIGRATION (AMENDMENT) ACT 2026

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Type
Amendment Act
Status
In force
Enacted
2026
Sections
20
Languages
MS · EN

Quick answer

About this amendment act

IMMIGRATION (AMENDMENT) ACT 2026 is Malaysia Amendment Act, cited as Amendment Act A1790 2026, currently marked in force and first recorded in 2026.

Opening note

Preamble

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  1. An Act to amend the Immigration Act 1959/63. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 2

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The Immigration Act 1959/63 [Act 155], which is referred to as the “principal Act” in this Act, is amended in subsection 2(1)—

(a)

by inserting before the definition of ‘ “authorized airport”,

“authorized landing place” and “authorized point of entry” ’ the following definition:

‘ “advance passenger information” means information relating to a crew and passenger collected and recorded by the master, captain, driver, owner, charterer, agent or consignee of a vessel, aircraft or train, as the case may be, before arriving in or leaving Malaysia;’;

IMMIGRATION (AMENDMENT) ACT 2026

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(b)

by inserting after the definition of ‘ “authorized airport”,

“authorized landing place” and “authorized point of entry” ’

the following definitions:

‘ “automated system” means an automated identification processing system for the purposes of examination of persons entering or leaving Malaysia;

“biometric data” means any personal data resulting from technical processing relating to the physical, physiological or behavioural characteristics of a person;’;

Suggest a correction

(i)

by inserting after the words “an aircraft or”

the words “train or”; and

(ii)

by substituting for the words “aircraft while in flight”

the words “aircraft or train while in flight or in motion”;

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(d)

in the definition of “passenger”, by substituting for the words “or aircraft” the words “, aircraft or train”;

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(e)

by inserting after the definition of “passenger” the following definition:

‘ “passenger name record” means information relating to a passenger of a vessel, aircraft or train including the name, gender, date of birth, nationality, passport number, passport issuing country, voyage plan, flight details and train itinerary of the passenger, collected and recorded in the reservation system of the vessel, aircraft or train, as the case may be, before the vessel, aircraft or train arrives in or leaves

Malaysia;’;

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(f)

by inserting after the definition of “Permit” the following definition:

‘ “personal identifier” means any personal information of a person that can be used to identify the person;’; and

Immigration (Amendment)

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(g)

in the definition of “stowaway”, by substituting for the words “any aircraft who is on board without the consent of the captain” the words “any aircraft or train who is on board without the consent of the captain or driver”.

New section 18a

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Section 3

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The principal Act is amended by inserting after section 18

the following section:

“Train arriving in Malaysia 18a.  (1)  The driver of every train which arrives in Malaysia shall stop the train at an authorized point of entry.

(2)

The driver of a train who, without reasonable cause, contravenes or fails to comply with subsection (1) shall be guilty of an offence against this Act.”.

New section 21a

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Section 4

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The principal Act is amended by inserting after section 21

the following section:

“Production of passenger name record and advance passenger information by masters of vessels, captains of aircraft and drivers of trains due to arrive in or leaving Malaysia 21a.  (1)  The master, owner, agent or charterer of every vessel, the captain of every aircraft and the driver of every train which is due to arrive at any authorized landing place, authorized airport or authorized point of entry in Malaysia from a place outside Malaysia or leaving Malaysia shall, in the form and manner and within the time as may be prescribed, furnish to the Director General—

(a)

the passenger name record in relation to the passenger who will be on board; and

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(b)

the advance passenger information in relation to the crew and passenger who are on board.

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(2)

The master, owner, agent or charterer of every vessel, the captain of every aircraft or the driver of every train who fails to furnish the passenger name record or advance passenger information in accordance with subsection (1), or furnish false or misleading information relating to the passenger name record or advance passenger information shall be guilty of an offence against this Act.”.

Amendment of section 22

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Section 5

Section 22 of the principal Act is amended—

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(a)

in the shoulder note, by substituting for the words “and captains of aircraft” the words “, captains of aircraft and drivers of trains”;

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(b)

by substituting for subsection (1) the following subsection:

“(1)  The master, owner, agent or charterer of a vessel, the captain of an aircraft or the driver of a train arriving in or leaving Malaysia shall—

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(a)

if so required by an immigration officer, produce any crew or passenger for inspection and interrogation to the immigration officer;

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(b)

submit to such search of the vessel, aircraft or train by an immigration officer as may be necessary to establish the presence or absence of other persons on board; and

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(c)

in the case of vessel, produce any document relating to the vessel as may be required by an immigration officer.”;

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(c)

by substituting for subsection (2) the following subsection:

“(2)  The master, owner, agent or charterer of a vessel, the captain of an aircraft or the driver of a train arriving in or leaving Malaysia shall report to an immigration officer the presence on board of any stowaway or any unauthorized person or any person proceeding to any state or country on the person’s removal from any other state or country by the competent authorities of that other state or country.”;

Immigration (Amendment)

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(d)

by substituting for subsection (3) the following subsection:

“(3)  The master, owner, agent or charterer of any vessel, the captain of any aircraft or the driver of any train who contravenes or fails to comply with subsection (1) or (2); or any person who hinders or obstructs any examination of a vessel, aircraft or train, shall be guilty of an offence against this Act.”;

Suggest a correction

(i)

by substituting for the words “or aircraft” the words

“, aircraft or train”; and

(ii)

by substituting for the words “or the captain of the aircraft” the words “, the captain of the aircraft or the driver of the train”; and

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(f)

by substituting for subsection (5) the following subsection:

“(5)  In any proceedings under this section, the certificate in writing of an immigration officer who boarded or examined the vessel, aircraft or train to the effect that it carried on arrival in Malaysia a total number of crew corresponding in description to the advance passenger information furnished under paragraph 21a(1)(b) shall be conclusive proof that the vessel, aircraft or train did on arrival carry that number of crew.”.

New section 22a

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Section 6

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The principal Act is amended by inserting after section 22

the following section:

“Providing personal identifier and biometric data 22a.  (1)  A person shall, before entering Malaysia, provide his personal identifier and biometric data to the Director General, in the form and manner as may be determined by the Director General.

(2)

The Director General shall have the right to collect and record the personal identifier and biometric data of a person given under subsection (1), in the form and manner as may be determined by the Director General.

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(3)

An immigration officer may prohibit any person from entering Malaysia if the person refuses to provide his personal identifier and biometric data in accordance with subsection (1).

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(4)

Section 24 shall apply to a person who is prohibited from entering Malaysia under subsection (3).”.

Amendment of section 24

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Section 7

Section 24 of the principal Act is amended—

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(a)

by renumbering the existing subsection (1) as subsection (1c);

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(b)

by inserting before the renumbered subsection (1c)

the following subsections:

“(1)  Every person arriving by sea or by air at an authorized airport in Malaysia shall, before entering

Malaysia, be subjected to an examination—

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(b)

if so required by an immigration officer, through an automated system.

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(1a)

The examination under subsection (1) shall include the verification of personal identifier and biometric data provided under section 22a.

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(1b)

If examination under paragraph (1)(b) could not be completed, the person shall then appear before an immigration officer for examination.”;

(c)

in the renumbered subsection (1c), by substituting for the words “Every person arriving by sea or by air at an authorized airport in Malaysia shall appear before an immigration officer at such time and place as the officer may direct; and the officer, after such examination as he

Immigration (Amendment)

9

may consider necessary, shall inform any person whom he considers to be prohibited from entering Malaysia under this Act of his finding” the words “If upon examination an immigration officer finds that a person shall be prohibited from entering Malaysia, the immigration officer shall inform the person of his finding”;

Suggest a correction

(i)

in paragraph (a), by substituting for the words

“refuses or neglects to appear before an immigration officer as required by subsection (1)” the words

“refuses or neglects to be examined under subsection (1)”; and

(ii)

in subparagraph (b)(ii), by substituting for the words

“subsection (1)” the words “subsection (1c)”;

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(e)

in paragraph (3)(b), by substituting for the words

“subsection (1)” the words “subsection (1c)”;

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(f)

in subsection (4), by substituting for the words “subsection (1)”

the words “subsection (1c)”;

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(g)

in subsection (5), by substituting for the words “subsection (1)”

the words “subsection (1c)”; and

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(h)

in subsection (7), by substituting for the words “subsection (1)”

the words “subsection (1c)”.

Amendment of section 26

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Section 8

Section 26 of the principal Act is amended—

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(a)

by substituting for subsection (1) the following subsection:

“(1)  Every person who enters Malaysia by land, or who arrives by air or sea in Malaysia at any place other than an authorized airport or authorized landing place, shall enter at an authorized point of entry and shall proceed therefrom by an approved route, prescribed under section 5, to the nearest immigration control post and shall be subjected to an examination—

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(b)

if so required by an immigration officer, through an automated system.”;

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(b)

by substituting for subsection (2) the following subsection:

“(2)  The examination under subsection (1) shall include the verification of personal identifier and biometric data provided under section 22a.”; and

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(c)

by inserting after subsection (2) the following subsection:

“(2a)  If examination under paragraph (1)(b) could not be completed, the person shall then appear before an immigration officer for examination.”.

Amendment of section 34

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Section 9

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Subsection 34(2) of the principal Act is amended by substituting for the words “vessel or aircraft” wherever appearing the words

“vessel, aircraft or train”.

Section 10

Amendment of section 42

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(a)

by inserting after the words “captain,” wherever appearing the words “driver,”; and

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(b)

by substituting for the words “vessel or aircraft” the words

“vessel, aircraft or train”.

Amendment of section 43

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Section 11

Section 43 of the principal Act is amended—

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(a)

by substituting for the words “the master or captain and the owner of a vessel or aircraft” the words “the master, captain or driver and the owner of a vessel, aircraft or train”; and

Immigration (Amendment)

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(b)

by substituting for the words “the vessel or aircraft”

wherever appearing the words “the vessel, aircraft or train”.

Amendment of section 47

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Section 12

Section 47 of the principal Act is amended—

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(a)

in the shoulder note, by inserting after the words “captains,”

the words “drivers,”;

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(b)

by substituting for the words “vessel or aircraft” wherever appearing the words “vessel, aircraft or train”; and

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(c)

by substituting for the words “the master or captain”

wherever appearing the words “the master, captain or driver”.

Amendment of section 48

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Section 13

Section 48 of the principal Act is amended—

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(i)

by substituting for the words “or an aircraft” the words

“, an aircraft or a train”;

(ii)

by inserting after the words “captain,” wherever appearing the words “driver,”;

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(iii)

by substituting for the words “or aircraft” wherever appearing the words “, aircraft or train”; and

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(iv)

by substituting for the words “or flight” the words

“, flight or ride”;

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Suggest a correction

(i)

by inserting after the words “captain,” the words

“driver,”; and

(ii)

by substituting for the words “or aircraft” the words

“, aircraft or train”; and

Suggest a correction
Suggest a correction

(i)

by inserting after the words “captain,” the words

“driver,”; and

(ii)

by substituting for the words “or aircraft” the words

“, aircraft or train”.

Amendment of section 48a

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Section 14

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Paragraph 48a(1)(a) of the principal Act is amended by substituting for the words “or aircraft” the words “, aircraft or train”.

Section 15

Amendment of section 49a

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(a)

in the shoulder note, by substituting for the words

“or aircraft” the words “, aircraft or trains”; and

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(b)

by substituting for the words “or aircraft” wherever appearing the words “, aircraft or train”.

Amendment of section 51

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Section 16

Subsection 51(1) of the principal Act is amended—

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(a)

by inserting after the words “any aircraft” the words

“or train”; and

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(b)

by substituting for the words “or aircraft” the words

“, aircraft or train”.

Amendment of section 54

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Section 17

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Subsection 54(1) of the principal Act is amended by inserting after paragraph (e) the following paragraph:

“(ea) prescribing the form and manner of furnishing the passenger name record and advance passenger information and the time frame for furnishing the record and information;”.

Immigration (Amendment)

13

Section 18

Amendment of section 55a

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Subsection 55a(1) of the principal Act is amended by substituting for the words “or aircraft” the words “, aircraft or train”.

Section 19

Amendment of section 55e

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Subsection 55e(7) of the principal Act is amended in the definition of “premises” by substituting for the words “or aircraft”

the words “, aircraft or train”.

Section 20

Amendment of section 72

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Subsection 72(1) of the principal Act is amended by inserting after the words “shall produce to the immigration officer”

the words “or provide through the automated system,”.

Common questions

What is AKTA IMIGRESEN (PINDAAN) 2026?
IMMIGRATION (AMENDMENT) ACT 2026 is Malaysia Amendment Act, cited as Amendment Act A1790 2026, currently marked in force and first recorded in 2026.
Is AKTA IMIGRESEN (PINDAAN) 2026 still in force?
Yes — AKTA IMIGRESEN (PINDAAN) 2026 is currently in force.
When did AKTA IMIGRESEN (PINDAAN) 2026 take effect?
AKTA IMIGRESEN (PINDAAN) 2026 was first recorded in 2026.
How many sections does AKTA IMIGRESEN (PINDAAN) 2026 have?
AKTA IMIGRESEN (PINDAAN) 2026 contains 20 sections.
Where can I read the official version of AKTA IMIGRESEN (PINDAAN) 2026?
The official text of AKTA IMIGRESEN (PINDAAN) 2026 is published at lom.agc.gov.my.