Section 1
This Act may be cited as the Witness Protection (Amendment)
Act 2026.
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
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Witness Protection (Amendment) Act 2026 is Malaysia Amendment Act, cited as Amendment Act A1797 2026, currently marked in force and first recorded in 2026.
1
WITNESS PROTECTION (AMENDMENT) ACT 2026
Date of Royal Assent
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...
8 September 2026
Date of publication in the
...
...
18 September 2026
Gazette
Publisher’s Copyright C
(Appointed Printer to the Government of Malaysia).
Witness Protection (Amendment)
Opening note
This Act may be cited as the Witness Protection (Amendment)
Act 2026.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 7
The Witness Protection Act 2009 [Act 696], which is referred to as the “principal Act” in this Act, is amended in subsection 7(3)
by inserting after the words “under eighteen years of age”
the words “or lacks legal capacity”.
WITNESS PROTECTION (AMENDMENT) ACT 2026
New sections 10a and 10b
The principal Act is amended by inserting after section 10
the following sections:
“Agreement 10a. (1) A witness who has been included as a participant in the Programme by the Attorney General shall sign an agreement in accordance with this section.
For the purposes of subsection (1)—
where the participant is under eighteen years of age, a parent or guardian of the participant shall sign the agreement; or
where the participant lacks legal capacity to sign the agreement, a parent or guardian of the participant shall sign the agreement.
The form of the agreement in relation to a participant shall be as determined by the Director General and may contain—
the terms and conditions on which protection and assistance is to be provided to the participant;
an agreement by or on behalf of the participant not to compromise directly or indirectly the security of or any other aspect of the protection or assistance being provided to the participant; and
an agreement by or on behalf of the participant that the participant shall comply with all reasonable directions given by the Director General in relation to the protection and assistance provided to the participant.
An agreement shall be signed by, or on behalf of the participant in the presence of a person who holds or occupies a designated position as determined by the Director General.
Witness Protection (Amendment)
5
Saving of existing agreement 10b.
Every agreement lawfully entered into between a participant and the Government before the coming into force of this Act, shall if it is still legally binding upon the parties, continue in force for such period as may be specified in the agreement and the parties shall be subject and entitled to the benefits under this Act.”.
Amendment of subsection 13(2)
Subsection 13(2) of the principal Act is amended—
by inserting after paragraph (i) the following paragraph:
“(ia) providing psychological assistance, including counselling to the participant; and”.
Amendment of section 16
Section 16 of the principal Act is amended—
in paragraph (c), by deleting the word “or”
at the end of the paragraph;
by inserting after paragraph (c) the following paragraph:
“(ca) the participant deliberately breaches any terms or conditions of the agreement;
or”;
by inserting after subsection 16(11) the following subsections:
“(12) Upon notification of the termination of the
Programme to the participant under paragraph 11(a), the Director General may continue to provide the protection and assistance to the participant as he considers necessary and reasonable for the purpose of facilitating the participant’s safe transition to a new life.
The protection and assistance provided to the participant may include, but is not limited to, relocation to a safe place, financial assistance, psychological assistance and job placement assistance.”.
New section 29a
The principal Act is amended by inserting after section 29
the following section:
“Standing Order 29a. (1) The Director General may issue Standing Order, not inconsistent with the provisions of this Act, on the administration, management, control, training, duties and responsibilities of officers and for such other matters as may be necessary or expedient for the administration and the implementation of the Programme.
Any directive or administrative order made by the Director General and in force immediately before the date of coming into operation of section 29a shall, so far as it is not inconsistent with this Act, continue to remain in force until it is revoked by the Director General.”.
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