Act of Parliament · Updated to 1 Dec 2019 · 6 parts
Peaceful Assembly Act 2012
Feedback & supportThe right to assemble peaceably and without arms, and its restrictionsPart I
Preliminary
Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Peaceful Assembly Act 2012.
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
This Act shall not apply to—
an assembly which is an election campaign under the
Election Offences Act 1954 [Act 5]; and
an assembly which is a strike, lock-out or picket under the
Industrial Relations Act 1967 [Act 177] and the Trade
Unions Act 1959 [Act 262].
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s 2Objects
The objects of this Act are to ensure—
so far as it is appropriate to do so, that all citizens have the right to organize assemblies or to participate in assemblies, peaceably and without arms; and
that the exercise of the right to organize assemblies or to participate in assemblies, peaceably and without arms, is subject only to restrictions deemed necessary or expedient in a democratic society in the interest of the security of the
Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons.
s 3Interpretation
In this Act, unless the context otherwise requires—
“rights and freedoms of other persons” includes—
the right to peaceful enjoyment of one’s possession;
the right to freedom of movement;
the right to enjoy the natural environment; and
the right to carry on business;
“road” has the meaning assigned to it in the Road Transport Act 1987 [Act 333];
“child” means a person below the age of fifteen years;
“Minister” means the Minister charged with the responsibility for home affairs;
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“person who has interests” means a person residing, working or carrying on business or having or owning residential or commercial property in the vicinity of or at the place of assembly;
“organizer” means a person who is responsible for the organization of an assembly, including the arranging, convening, collecting or forming of the assembly, or who is responsible for the conduct of an assembly;
“assembly” means an intentional and temporary assembly of a number of persons in a public place, whether or not the assembly is at a particular place or moving;
“counter assembly” means an assembly organized to convey disagreement with the purpose for which another assembly is organized, and held at the same time, date and place or approximately at the same time, date and place as the other assembly;
“simultaneous assemblies” means two or more assemblies to be held at the same time, date and place, but which have no relationship to each other;
“participant” means a person intentionally or voluntarily present for the purpose of an assembly;
“arms” means any firearm, ammunition, explosive, corrosive, injurious or obnoxious substance, stick, stone, or any weapon or object, which by its nature, can be used to incite fear or cause injury to persons, or damage to property;
“public place” means—
a road;
a place open to or used by the public as of right; or
a place for the time being open to or used by the public, whether or not—
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the place is ordinarily open to or used by the public;
by the express or implied consent of the owner or occupier; or
on payment of money;
“prohibited places” means—
the protected areas and protected places declared under the
Protected Areas and Protected Places Act 1959 [Act 298];
and
the places as may be specified in the First Schedule;
“place of assembly” means the place where the assembly is held and in relation to a procession, includes a place at or through which it is proposed the assembly will stop or pass;
“designated place of assembly” means a place designated by the
Minister under section 25.
Part II
Right to Assemble Peaceably and Without Arms
Part III
Responsibilities of Organizers, Participants and Police
Part IV
Requirements on Organizing of Assembly
Part V
Enforcement
Part VI