AKTA AGENSI KAWALAN DAN PERLINDUNGAN SEMPADAN MALAYSIA 2024

Malaysia Border Control and Protection Agency 1

Act 860 Laws of Malaysia 2 Act 860 Date of Royal Assent ... ... 9 October 2024 Date of publication in the ... ... 17 October 2024 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysia Border Control and Protection Agency 3 Act 860 ARRANGEMENT OF SECTIONS

PRELIMINARY

Section

Short title and commencement

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Interpretation

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ESTABLISHMENT OF MALAYSIA BORDER CONTROL AND PROTECTION AGENCY

AND APPOINTMENT OF OFFICERS

Establishment of Malaysia Border Control and Protection Agency

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Appointment of Director General and Deputy Director General

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Appointment of other officers of Agency

FUNCTIONS AND POWERS OF AGENCY

Functions of Agency

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Powers of Agency

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Overlapping of functions

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Offence under written law of States of Sabah and Sarawak

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Exercise of powers outside prescribed area

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Additional powers

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Assistance and coordination

Laws of Malaysia 4 Act 860

GENERAL

Section

Prosecution

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Expenses

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Moneys collected or received

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Protection against suit and legal proceedings

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Obligation of secrecy

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Public Authorities Protection Act 1948

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Authority card

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Uniform

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Carrying of arms

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Obstruction to officer of Agency

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Standing Order

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Power to amend Schedules

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SAVING

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Saving provisions

First Schedule Second Schedule Malaysia Border Control and Protection Agency 5 Act 860

An Act to provide for the establishment of the Malaysia Border Control and Protection Agency, and its functions and powers relating to border control and protection, and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows:

PRELIMINARY

Short title and commencement

This Act may be cited as the Malaysia Border Control and

Protection Agency Act 2024.

(2) 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—

(a) for the coming into operation of different provisions of this Act;

(b) for the coming into operation of this Act in different parts of Malaysia; or Laws of Malaysia 6 Act 860

(c) for the coming into operation of different provisions of this Act in different parts of Malaysia. Interpretation

In this Act, unless the context otherwise requires—

“Agency” means the Malaysia Border Control and Protection Agency established under section 3; “goods” has the same meaning assigned to it in the Customs Act 1967 [Act 235]; “prescribed area” means any area specified in the First Schedule comprising—

(a) any immigration control post, authorized landing place, authorized airport or authorized point of entry, prescribed under the Immigration Act 1959/63 [Act 155];

(b) any legal landing place, customs port, customs airport or place of import and export by road or railway, prescribed under the Customs Act 1967;

(c) any entry point, quarantine station or quarantine premises, specified or declared under the Malaysian Quarantine and Inspection Services Act 2011 [Act 728];

(d) any free zone declared under the Free Zones Act 1990 [Act 438]; or

(e) any quarantine station declared under the Prevention and Control of Infectious Diseases Act 1988 [Act 342]; “Director General” means the Director General of Malaysia Border Control and Protection Agency appointed under subsection 4(1); “Minister” means the Minister charged with the responsibility for home affairs; “officer of the Agency” means the officer of the Malaysia Border Control and Protection Agency appointed under subsection 5(1), and includes the Director General and the Deputy Director General of the Agency; Malaysia Border Control and Protection Agency 7 “competent authorities” includes any ministry, department, office, agency, authority, commission, committee, board, council or other body, of the Federal Government or of any State Government established under any written law or otherwise, which is responsible for the implementation and enforcement of the relevant written laws; “relevant written laws” means the federal written laws specified in the Second Schedule and includes any subsidiary legislation made under the written laws.

ESTABLISHMENT OF MALAYSIA BORDER CONTROL AND

PROTECTION AGENCY AND APPOINTMENT OF OFFICERS Establishment of Malaysia Border Control and Protection Agency

The Malaysia Border Control and Protection Agency is established.

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(2) The Agency shall, subject to this Act, be employed at the prescribed area to carry out functions and powers relating to border control and protection in accordance with the relevant written laws. Appointment of Director General and Deputy Director General

The Yang di-Pertuan Agong shall appoint a Director General, who shall head the Agency, and...

General, from among the members of the public services.

(2) The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment.

(3) The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be reappointed as the Director General by the Yang di-Pertuan Agong on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. Laws of Malaysia 8 Act 860

(4) The Director General shall be responsible for the directions, command, control and supervision of all matters relating to the Agency.

(5) Where the Director General is, for any reason, unable to perform his duties for any period or where the office of the Director General becomes vacant, the most senior Deputy Director General may exercise all powers and perform all duties of the Director General. Appointment of other officers of Agency

The Minister shall appoint any number of officers of the Agency as may be necessary, from a...

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(2) The officer appointed under subsection (1) shall have such powers as may be provided for him under this Act and shall be subject to the directions, command, control and supervision of the Director General. FUNCTIONS AND POWERS OF AGENCY Functions of Agency

The functions of the Agency shall be—

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(a) to enforce at the prescribed area the relevant written laws relating to—

(i) inspection and control of people entering into or leaving Malaysia;

(ii) inspection and control of goods taken into or out of the prescribed area;

(iii) inspection, control and quarantine of any plants, animals, carcasses, fish, agricultural produce, soils and microorganisms taken into or out of Malaysia; Malaysia Border Control and Protection Agency 9

(iv) inspection and control of any vehicle taken into or out of Malaysia;

(v) inspection and control of food and things incidental to food, drugs, poisons, cosmetics and other things related to health taken into or out of Malaysia;

(vi) inspection and control of wildlife, part of wildlife or derivative of wildlife taken into or out of Malaysia;

(vii) prevention and investigation of any offence; and

(viii) issuance of any pass, permit or any other document for the purpose of controlling the movement of people, goods, vehicles, plants, animals, carcasses, fish, agricultural produce, soils, microorganisms, food and other things incidental to food, drugs, poisons, cosmetics, wildlife, part of wildlife or derivative of wildlife or other things;

(b) to carry out surveillance and patrol at the prescribed area;

(c) to gather information and intelligence for the purposes of border control and protection; and

(d) to manage and administer any entry point complex.

(2) The Agency shall carry out the functions under subsection (1) in accordance with the directions or requirement issued by the competent authorities under the relevant written laws.

(3) In exercising the function under subparagraph (1)(a)(i) for the States of Sabah and Sarawak, the Agency shall comply with the directions given by the State Authority to the Director of Immigration of Sabah or Sarawak, as the case may be, pursuant to Part VII of the Immigration Act 1959/63.

(4) For the purposes of this section, “State Authority” has the same meaning assigned to it under section 62 of the Immigration Act 1959/63. Laws of Malaysia 10 Act 860 Powers of Agency

An officer of the Agency shall have, for the purposes of this Act, all the powers which the...

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(2) An officer of the Agency shall have the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code [Act 593] in relation to enforcement, investigation and inspection, and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof. Overlapping of functions

Where there is any overlapping of functions at the prescribed area between the Agency and a...

Offence under written law of States of Sabah and Sarawak

Where an offence has been committed under any written law of the State of Sabah or Sarawak...

Exercise of powers outside prescribed area

In exercising the powers to prevent or investigate commission of an offence within a prescr...

Malaysia Border Control and Protection Agency 11 Additional powers

In addition to and without affecting the existing power of the Agency under this Act, when...

Sergeant and below under the Prison Act 1995 [Act 537].

(2) For the purposes of this Act—

(a) where an order, a certificate or any other act is required to be given, issued or done by an officer in charge of a Police District under any written law, such order, certificate or act may be given, issued or done by an officer of the Agency and for such purpose, the place where the order, certificate or act was given, issued or done shall be deemed to be a Police District under his charge;

(b) an officer of the Agency shall have all the powers conferred on an officer in charge of a police station under any written law, and for such purpose the office of such officer shall be deemed to be a police station; and

(c) an officer of the Agency shall have all the powers of a police officer of whatever rank as provided for under the Criminal Procedure Code and the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof, but in the event of any inconsistency or conflict between the provisions of this Act and the Criminal Procedure Code, the provisions of this Act shall prevail. Assistance and coordination

The Agency may, in exercising its functions and powers under this Act, engage or require an...

Laws of Malaysia 12 Act 860

(2) The Agency and the competent authorities shall closely coordinate, consult and liaise with each other and render to each other assistance for carrying out the provisions of this Act.

GENERAL

Prosecution

No prosecution for or in relation to any offence under this

Act shall be instituted except by or with the written consent of the Public Prosecutor. Expenses

Any expenses incurred by any person as a result of the conditions imposed by an officer of...

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(2) No compensation shall be payable to any person for any loss incurred following the disposal by an officer of the Agency of any goods forfeited or deemed to be forfeited under this Act or the relevant written laws.

(3) The cost of holding any goods or documents which is held in the custody of the officer of the Agency pending completion of any proceedings in respect of an offence under the relevant written laws shall be borne by any person who is convicted of such offence and shall be recoverable as a debt due to the Government. Moneys collected or received

Where money is collected or received by any officer of the Agency on behalf of the competen...

Malaysia Border Control and Protection Agency 13 Protection against suit and legal proceedings

No action, suit, prosecution or other proceedings shall be brought, instituted or maintaine...

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(a) any officer of the Agency; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General, if the act, neglect or default was done or committed by him in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provisions of this Act. Obligation of secrecy

Except for any of the purposes of this Act or for the purposes of any civil or criminal pro...

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(a) no officer of the Agency whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and

(b) no other person who has by any means access to any information or document relating to the affairs of the Agency shall disclose such information or document.

(2) The name, address, identification card number and passport number of an informer and the substance of the information received from an informer shall be kept secret and shall not be disclosed by any officer of the Agency or any person who in the ordinary course of his duties comes into possession of or has control of or access to such information to any person except the designated officer of the Agency authorized by the Director General.

(3) Any person who contravenes this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding one hundred thousand ringgit or to both. Laws of Malaysia 14 Act 860 Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prose...

Authority card

An authority card shall be issued to every officer of the Agency and the card shall be sign...

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(2) Whenever such officer of the Agency exercises any of the powers under this Act, he shall, when not in uniform, on demand, declare his office and produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

(3) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any officer of the Agency acting or purporting to act under this Act if such officer is not in uniform and refuses to declare his office and produce his authority card, on demand being made by such person. Uniform

An officer of the Agency shall be supplied with such uniform and equipment as determined by...

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(2) Every officer of the Agency shall wear a uniform and equipment determined by the Director General while on duty unless exempted in writing by the Director General.

(3) When a person ceases to be an officer of the Agency, he shall, within fourteen days, deliver to the person appointed by the Director General for that purpose his uniform and equipment which have been supplied to him. Malaysia Border Control and Protection Agency 15

(4) Any person who, having ceased to be an officer of the Agency, without good cause, fails to comply with subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both, and, in addition, shall be liable to pay the value of the uniform and equipment not delivered up and shall be recoverable as if it were a fine. Carrying of arms

Subject to any restriction and requirement under the Arms Act 1960 [Act 206], an officer of...

Obstruction to officer of Agency

Any person who—

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(a) assaults, obstructs, hinders, interferes or threatens any officer of the Agency or other public servant or any person acting in his aid or assistance or duly employed in the performance of his powers under this Act;

(b) rescues or endeavours to rescue, or causes to be rescued, any goods which have been duly seized or any person who has been detained;

(c) without lawful authority, breaks, tampers with or damages the seal attached to any goods or such receptacles, packages or conveyances seized by officer of the Agency or removes any goods and such receptacles, packages or conveyances under seal, or attempts to do so;

(d) before or after any seizure, breaks or otherwise destroys any package or goods to prevent the seizure thereof or the securing of the same; or

(e) refuses to give such information or furnishes as true information which he knows or has reason to believe to be false when being required by this Act to give any information which may reasonably be required by an officer of the Agency, Laws of Malaysia 16 Act 860 commits an offence and shall, on first conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand ringgit or to both, and on a second or subsequent conviction, to imprisonment for a term not exceeding seven years or to a fine not exceeding one million ringgit or to both. Standing Order

The Director General may issue administrative orders to be called “Standing Order”, consist...

Act, on the general control, training, duties and responsibilities of officers of the Agency and for such other matters as may be necessary or expedient for the good administration of the Agency or for the prevention of the abuse of power or neglect of duty, and generally for ensuring the efficient and effective functioning of the Agency. Power to amend Schedules

The Minister may, after consultation with the Minister in charge with the responsibility fo...

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SAVING

Saving provisions

Any pass, permit or other document issued under the relevant written laws before the coming...

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(2) Any pending application for any pass, permit or other document made under the relevant written laws before the coming into operation of this Act shall not be affected by this Act and shall be dealt with as if this Act had not been enacted. Malaysia Border Control and Protection Agency 17 First Schedule [Section 2] PRESCRIBED AREA

IMMIGRATION CONTROL POST, AUTHORIZED LANDING PLACE,

AUTHORIZED AIRPORT OR AUTHORIZED POINT OF ENTRY A. ENTRY BY LAND Immigration Control Posts Approved routes 1. Kedah D06 Bukit Kayu Hitam, Changloon Entry from Thailand by the Changloon Sadao (Thailand)/Changloon Road and remaining on this road till arrival at the Immigration Control Post, Bukit Kayu Hitam 2. Johore D11 Johore Causeway, Johor Bahru From Singapore by land via the Johore Causeway D12 Johore Bahru Railway Station From Singapore by train through the railway track Johor Bahru D12A Immigration Control Post at Kompleks Sultan Abu Bakar, Tanjung Kupang By road from Tuas, Singapore and remaining on this road till arrival at the said Immigration Control Post 3. Kelantan D08 Rantau Panjang By the road bridge crossing the Sungai Golok at Rantau Panjang D09 Rantau Panjang (Railway Station) By train from Thailand to Rantau Panjang Railway Station B. ENTRY BY SEA Point of entry Authorized landing place 1. Penang L06 Penang Within port limits L07 Butterworth Wharf Within port limits Laws of Malaysia 18 Act 860 Point of entry Authorized landing place 2. Selangor L08 Port Klang Within port limits 3. Johore L18 Pasir Gudang Wharf Within port limits L18A Pelabuhan Tanjung Pelepas, Johor Approved landing place at the Tanjung Pelepas Port, Johore 4. Pahang L14 Kuantan Within port limits 5. Terengganu L13 Kemaman Port Within port limits 6. Sarawak L26 Ban Hock Wharf, Kuching, First Division Within port limits L28 Pending Wharf, Kuching, First Division Within port limits L29 Kuching Port Autority Wharf, Tanah Puteh, First Division Within port limits L30 Datuk Sim Kheng Hong Wharf, Pending, First Division Within port limits L37 Customs Wharf, Bintulu, Fourth Division Within port limits L38 Bintulu Wharf, Tanjung Kidurong, Bintulu, Fourth Division Within port limits 7. Sabah L46 Tawau Wharf Within port limits L51 Kota Kinabalu Wharf Within port limits Malaysia Border Control and Protection Agency 19 C. ENTRY BY AIR Authorized airport 1. U05 Pulau Pinang Airport, Bayan Lepas, Penang 2. U17 Kuching Airport, First Division, Sarawak 3. U20 Sibu Airport, Third Division, Sarawak 4. U29 Kota Kinabalu Airport, Sabah 5. U30 Sandakan Airport, Sabah 6. U31 Tawau Airport, Sabah 7. U12A KL International Airport, Sepang

CUSTOMS PORT AND LEGAL LANDING PLACE

Customs port Legal landing place 1. Port Klang

(a) The wharves and jetties of the Port Klang Authority on the east bank of the Klang Straits between Sungai Tiga and Sungai Puloh;

(b) That portion of the foreshore which extends from a position of 93.41 metres north of the passenger jetty Jalan Foreshore to the mouth of the Sungai Aur and thence along the bank of the Sungai Aur to and including the concrete jetty at the cattle quarantine station and including jetties, wharves and pontoons extending from the said foreshore and river bank and wharves;

(c) The jetties and wharves of Shell Malaysia Ltd. on the left bank of the Klang River;

(d) The jetty of Power Station Sultan Salahuddin Abdul Aziz, Batu 12, Kapar;

(e) All the wharves and jetties of Port Klang Authority on the west bank of Pulau lndah between Sungai Chandong Besar on the northern west port limit at latitude 02° 55’ 48” N longitude 101° 20’ 24.5” E and Sungai Lurus on the southern west limit at latitude 02° 54’ 05” N longitude 101° 17’ 10” E; Laws of Malaysia 20 Act 860 Customs port Legal landing place

(f) The jetty of Star Cruise Sdn. Bhd. extending for a distance of 247.31 metres to the sea on the west bank of Pulau lndah north of Sungai Chondong Besar located at— Latitude Longitude 02° 59’ 05.415” N 101° 20’ 15.723” E 02° 59’ 06.003” N 101° 20’ 16.921” E;

(g) The jetties of ASA Niaga Sdn. Bhd. at Port Klang located on the left bank of Sungai Klang between— Latitude Longitude 03° 00’ 31.9294”N to 03° 00’ 26.1835”N 101° 23’ 28.4299”E to 101° 23’ 26.4980”E;

(h) Jetty of ASA Niaga Harbour City Sdn. Bhd., Jalan Foreshore, Port Klang, Selangor located at— Latitude Longitude 101° 23’ 22.1”N 2° 59’ 58.8”E 101° 23’ 22.8”N 2° 59’ 56.3”E 101° 23’ 22.3”N 2° 59’ 56.2”E 101° 23’ 22.1”N 2° 59’ 56.9”E 101° 23’ 22.6”N 2° 59’ 56.7”E 101° 23’ 21.5”N 2° 59’ 56.9”E 101° 23’ 22.0”N 2° 59’ 55.8”E 101° 23’ 21.8”N 2° 59’ 57.7”E 101° 23’ 21.3”N 2° 59’ 57.6”E 101° 23’ 21.2”N 2° 59’ 57.7”E 101° 23’ 21.8”N 2° 59’ 57.9”E 101° 23’ 21.5”N 2° 59’ 58.6”E 101° 23’ 31.8”N 2° 00’ 10.3”E 101° 23’ 35.4”N 2° 59’ 55.4”E 101° 23’ 31.8”N 2° 59’ 53.3”E 101° 23’ 21.6”N 2° 59’ 56.1”E 101° 23’ 20.9”N 2° 59’ 58.3”E

Tanjung Pelepas

P o r t , J o h o r Bahru The left bank of Sungai Pulai— Latitude: 01° 22’ 27.885” N, Longitude: 103° 32’ 37. 0024” E; until Latitude: 01° 21’ 20.4208” N, Longitude: 103° 32’ 56.7317” E Malaysia Border Control and Protection Agency 21 Customs port Legal landing place 3. Pasir Gudang, Johor Bahru

(a) That portion of the fenced in area of the foreshore, including the mouth of Sungai Buluh, all jetties and all wharves of the Johor Port Authority, situated between the west bank of Sungai Perembi located at latitude 01° 26’ 28’’ N, longitude 103° 53’ 16’’ E, thus to a line joining the westernmost dolphin of DCJ 4 located at latitude 01° 26’ 27’’ N, longitude 103° 53’ 06’’ E, and finally joining the line of Johor Port Water Limit at Latitude 01° 26’ 14’’ N, longitude 103° 53’ 06’’ E;

(b) On the eastern side, the area along the wharf No. 11 located at latitude 01° 26’ 03.5’’ N, longitude 103° 55’ 23’’ E on the northern part, and at the southern part of wharf No. 11 located at latitude 01° 25’ 52’’ N, longitude 103° 55’ 20’’ E, adjacent to the west bank of Sungai Latoh located at latitude 01° 26’ 12’’ N, longitude 103° 55’ 29’’ E.

Kuantan

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(a) The Government wharf;

(b) The wharf of the Pahang Consolidated Co. Ltd. Petroleum;

(c) The wharves of Shell Malaysia Ltd. and Esso Malaysia Ltd.

Kuantan,

Tanjung Gelang

(a) The wharves of the Kuantan Port Authority in the First Basin (Basin A);

(b) The whole dolphin jetty located at the southern part of the First Basin (Basin A);

(c) The whole dolphin jetty located at the northern part of the First Basin (Basin A).

Butterworth

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(a) The jetties of the Straits Trading Co. Ltd.;

(b) The piers operated by the Penang Port Commission;

(c) The six berths of the Butterworth wharves;

(d) North Butterworth Container Terminal (NBCT) operated by the Penang Port Commission;

(e) The jetties of Shell Malaysia Ltd. and Petron Malaysia Refining & Marketing Berhad at Bagan Luar;

(f) The Dolphin Pier operated by the Penang Port Commission. Laws of Malaysia 22 Act 860 Customs port Legal landing place 7. Bintulu

(a) The wharf of Bintulu Port Authority at Tanjung Kedurong which is located at— Wharf Latitude Longitude 1 3°15’53.3785” N 113°3’57.5312” E 3°15’53.3855” N 113°3’52.0233” E 2 3°15’53.3714” N 11°4’3.0390” E 3°15’53.3785” N 113°3’57.5312” E 3 3°15’53.3641” N 113°4’8.6927” E 3°15’53.3714” N 113°4’3.0390” E 4 3°15’53.3545” N 113°4’16.1283” E 3°15’53.3641” N 113°4’8.6927” E 5 3°15’53.3449” N 113°4’23.5647” E 3°15’53.3545” N 113°4’16.1283” E Ro-Ro 3°15’52.7343” N 113°3’52.0225” E Ramp 3°15’52.7354” N 113°3’51.1963” E Bulk 3°15’52.7354” N 113°3’51.1963” E Cargo 3°15’43.9436” N 113°3’16.1851” E;

(b) LNG Jetty located at— MD/BD Latitude Longitude M.D. 1 3° 15’ 49.689” N 113° 3’ 14.095” E B.D. 1 3°15’ 51.215” N 113° 3’ 17.920” E B.D. 5 3° 15’ 53.653” N 113° 3’ 20.807” E M.D. 7 3° 15’ 56.256” N 113° 3’ 22.560” E;

(c) LPG jetty located at latitude 3° 15’ 57.5” N and longitude 113° 2’57.4” E.

Kemaman Port (a) The wharf of the Kemaman Port Authority located on the reclaimed land at L...

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(b) The area known as the West Wharf located at Lot PT 3410, Mukim of Teluk Kalong in the District of Kemaman operated by Sukma Samudra Sdn. Bhd.

Jeti Dermaga

Kimia Cecair (LCB) Pelabuhan Kemaman Jeti Dermaga Kimia Cecair (LCB) Pelabuhan Kemaman located at— Latitude Longitude 4° 14’ 44.183652” N 103° 27’ 38.66652” E Malaysia Border Control and Protection Agency 23 Customs port Legal landing place 10. Tanjung Berhala Kemaman The jetty of Pengurusan Pengkalan Bekalan Petroleum Tanjung Berhala Sdn. Bhd.

Tanjung Sulong

Kemaman Loading Pier Gas Export Terminal operated by Petroliam Nasional Sdn. Bhd. (PETRONAS) extending for a distance of 300 metres to the sea at the coordination— Latitude Longitude 4° 14’ 24” N 103° 27’ 48” E

Kota Kinabalu

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(a) The wharves of the Sabah Port Authority;

(b) Offshore Single Buoy Mooring Jetty belonging to Exxon Production Malaysia Incorporation.

Teluk

Sapangar The wharf and jetty of the Sabah Port Authority located at— Latitude Longitude 06° 05’ 06” N 116° 07’ 23” E

Tawau

The wharf of the Sabah Port Authority 15. Senari Port, Kuching Kuching Port Authority’s wharf at Kampung Senari with a length of 635 metres and width of 45 metres located at— Latitude Longitude 01° 37.01’ 0” N 110° 26.89’ 0” E

CUSTOMS AIRPORT

Location 1. Bayan Lepas, Pulau Pinang 2. Kuala Lumpur International Airport (KLIA)

Kuala Lumpur International Airport 2 (KLIA 2)

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Kota Kinabalu, Sabah 5.

Kuching, Sarawak Laws of Malaysia 24 Act 860 Location 6. Sandakan, Sabah 7. Tawau, Sabah 8. Sibu, Sarawak

PLACE OF IMPORT AND EXPORT BY ROAD OR RAILWAY

Location Place of import and export 1. Bukit Kayu Hitam

(a) The Customs Office and all its ancillary building and structure situated within the Bukit Kayu Hitam Immigration Complex which is located along Sadao/Changlun trunk road between 8.9km north of Changlun and 0.69km south of Danok (Thailand) Immigration/ Customs Check Point in the Mukim of Laka Temin, Kubang Pasu, Kedah;

(b) The Customs Office and all its ancillary buildings and structure situated within The Lembaga Kemajuan Ikan Malaysia (LKIM) Examination Complex which is located along Sadao/Changlun trunk road between 9.1km north of Changlun and 0.67km south of Danok (Thailand) Immigration/ Customs Check Point as prescribed in plan Plot No. PT 890 and PT 2180 in the Mukim of Laka Temin, Kubang Pasu, Kedah.

Johor Bahru

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(a) The Passenger Examination Gate, i.e. the area allocated for Immigration and Customs examination;

(b) The Customs Import Bays in the Customs Complex at Tanjong Putri enclosed within the perimeter fence commencing from the south by the entry gate nearest to Customs Booth No. 1 from the direction of Singapore and terminating at the exit gate nearest to Customs Booth No. 3 as the northern boundary;

(c) The Customs Export Bays in the Customs Complex at Tanjong Putri bounded within the perimeter fence commencing from the north by the entry gate nearest to Customs Booth No. 3 and terminating at the exit gate nearest to Customs Export Exit Check-point at Booth No. 2 as the northern boundary;

(d) The Customs Check-Point at the Johor Bahru Railway Station; Malaysia Border Control and Protection Agency 25 Location Place of import and export

(e) The Customs Office and all buildings and additional construction located within the Bangunan Sultan Iskandar (BSI), Bukit Chagar, Mukim of Johor Bahru, District of Johor Bahru, Johore enclosed within the perimeter fence, commencing from the south at the entry/exit gate along the perimeter fence nearest to the Bangunan Sultan Iskandar (BSI) from the direction of Singapore and terminating at the exit/entry gate facing the Lingkaran Dalam Road.

Tanjung

Kupang Johor Bahru The Sultan Abu Bakar Complex, Mukim of Tanjung Kupang, District of Johor Bahru, enclosed within the perimeter fence, commencing from the south by the entry/exit gate along the perimeter fence nearest to the Import Holding Area from the direction of Singapore and terminating at the exit/entry gate along the perimeter fence nearest to the Export Holding Area.

Pasir Gudang

– Free Zone

(a) For imports into the free zone— Customs Complex at Pasir Gudang that is an area allocated for examination by the Free Zone Authority and Customs which includes the railway yard and the road leading out of the free zone;

(b) For exports from the free zone— Customs Complex at Pasir Gudang that is an area allocated for examination by the Free Zone Authority and Customs which includes the railway yard and the road leading out of the free zone.

Rantau

Panjang

(a) The Immigration Check-Point at the Railway Bridge spanning the Sungai Golok;

(b) The railway track at Rantau Panjang commencing from the Malaysian end of the railway bridge on the right bank of Sungai Golok and extending southerly approximately 155.4 metres to the road level crossing including the railway station platform running parallel to the track;

(c) That area in Lot 251 in the village of Rantau Panjang, district of Pasir Mas, Kelantan comprising the Immigration Complex Check-Point and shed bounded on the north by the north gate and fence on the Malaysian end of the road bridge connecting Rantau Panjang and Golok on the south by the south gate, to the west, the fencing linking both the gates and to the east, the building complex Laws of Malaysia 26 Act 860 Location Place of import and export and the imaginary straight line projecting from the northern end of the building complex till it meets the north gate including the passage connecting the check-point area to the railway station platform adjoining the Customs Office;

(d) Heavy Vehicle Examination Centre, in the Malaysian Timber Industry Board Complex, Gual Nering, Pasir Mas, Kelantan as prescribed in grey in Plan No. PW 682, located at kilometre 20, Pasir Mas–Rantau Panjang Highway.

ENTRY POINT AND FREE ZONES UNDER THE MALAYSIAN

QUARANTINE AND INSPECTION SERVICES ACT 2011 Location Entry point 1. Port Klang

(a) The wharf and jetty of the Port Klang Authority on the east bank of the Klang Straits between Sungai Tiga and Sungai Puloh;

(b) That portion of the foreshore which extends from a position of 93.41 metres north of the passenger jetty Jalan Foreshore to the mouth of the Sungai Aur and thence along the bank of the Sungai Aur to and including the concrete jetty at the cattle quarantine station and including jetty, wharf and pontoon extending from the said foreshore and riverbank and wharf;

(c) The wharf and jetty of the Port Klang Authority on the west bank of Pulau Indah between Sungai Chandong Besar on the northern west port limit at Latitude 02˚ 55’ 48” North Longitude 101˚ 20’ 24.5” East and Sungai Lurus on southern west limit at Latitude 02˚ 54’ 05” North Longitude 101˚ 17’ 10” East;

(d) The Star Cruise Sdn. Bhd. extending for a distance of 247.31 metres to the sea located on the west bank of Pulau Indah north of Sungai Chandong Besar at the coordination Latitude 02˚ 59’ 05.415” North, 02˚ 59’ 06.003” North Longitude 101˚ 20’ 15.723” East 101˚ 20’ 16.921” East; Malaysia Border Control and Protection Agency 27 Location Entry point

(e) The jetty of ASA Niaga Sdn. Bhd. at Port Klang located on the left bank of Klang River between Latitude 03˚ 00’ 31.9294” North to 03˚ 00’ 26.1835” North Longitude 101˚ 23’ 28.4299” East to 101˚ 23’ 26.4980” East.

Mukim of

Kapar, District of Klang, Selangor (Free Zone) All those lands situated in the Mukim of Kapar, in the District of Klang, Selangor bounded by the grey line as shown in the Gazette Plan 882 deposited in the Office of the Director of Survey, Selangor excluding the areas specified as follows:

(a) land occupied by the Klang Port Management Sdn. Bhd., comprising Export Stacking Bay (6 blocks: TA - TG), Refers Stack (2 Blocks: RA-RB), Customs Examination Bay (3 Blocks: 1 -3), Godown Q (an area of 220’ x 150’), Godown P (an area of 600’ x 150’), Open Yard P (an area of 660’ x 217’), Transit Shed No. 13 (an area of 100’ x 101’), Transit Shed No. 16 (an area of 177’ x 105’), Transit Shed No. 18 (an area of 177’ x 105’) and Dock Area (an area of 700’ x 105’);

(b) land occupied by the Klang Container Terminal comprising the Export Stack (Block B1 -Rows B11 to B30, Slots 01 to 14) (Blocks B2 -Rows B11 to B29, Slots 15 -31) (Block C1 -Rows C01 to C34 and C99, Slots 01 -14) (Block C2 -Rows 01 to C35, Slot 15 - 31) (Block F - Rows F16 to F25, Slots 01 -11 Rows F01 to F15, Slots 01 to 03) (Block G-Rows 01 to G16, Slots 01 to 14) (Refer-Row R01 to R52, Rows R59 to R87 Customs Examination Area bounded by the pink line as shown in the above Gazette Plan 882) (Rows E01 to E42, Slots 01 to 06) FS Stacking Area (Rows 01 to 06, Slots 16 to 62) and Container Freight Station (an area of 2.973 square metres);

(c) land occupied by Port Klang Distribution Park Sdn. Bhd., comprising the Customs Holding Area (an area of 20,000 square feet).

West Port,

Pulau Indah, Mukim of Klang, District of Klang (Free Zone) All those lands situated in the Mukim of Klang, District of Klang, Selangor bounded by the grey line as shown in the Gazette Plan 1174 deposited in the Office of the Director of Survey, Selangor. Laws of Malaysia 28 Act 860 Location Entry point 4. Pulau Indah, Mukim of Klang, District of Klang, Selangor (Free Zone) Lot 67894 Pulau Indah, Mukim Klang, District of Klang, Selangor, as shown by the grey line in the Gazette Plan 1388 deposited in the office of the Director of Survey and Mapping, Selangor.

MILS Logistik

Hub, Mukim of Klang, District of Klang, Selangor (Free Zone) Lot 88077 an area of 13.359 hectare Mukim of Klang, District of Klang, Selangor, as shown by the grey line in the Gazette Plan 1451 deposited in the office of the Director of Survey and Mapping, Selangor.

South Point,

Port Klang, Port Swettenham, District of Klang, Selangor (Free Zone) South Point, Port Klang, Port Swettenham District of Klang, Selangor as shown by the bold line in the Gazette Plan 1382 deposited in the office of the Director of Survey and Mapping, Selangor.

Pasir Gudang,

Johor Bahru

(a) that portion of the fenced in area of the foreshore, including the mouth of Sungai Buluh, all jetties and all wharves of the Johor Port Authority, situated between the west bank of Sungai Perembi located at Latitude 01˚ 26’ 28” North Longitude 103˚ 53’ 16” East, thus to a line joining the western most dolphin of DCJ 4 located at Latitude 01˚ 26’ 27” North Longitude 103˚ 53’ 06” East and finally joining the line of Johor Port Water Limit at Latitude 01˚ 26’ 14” North Longitude 103˚ 53’ 06” East;

(b) on the eastern side, the area along the Wharf No. 11 located at Latitude 01˚ 26’ 03.5” North Longitude 103˚ 55’ 23” East on the northern part, and at the southern part of Wharf No. 11 located at Latitude 01˚ 25’ 52” North Longitude 103˚ 55’ 20” East, adjacent to the west bank of Sungai Latoh located at Latitude 01˚ 26’ 12” North Longitude 103˚ 55’ 29” East. Malaysia Border Control and Protection Agency 29 Location Entry point 8. Pasir Gudang (Free Zone)

(a) for import into the Zone-Customs Complex at Pasir Gudang, i.e. the area allocated for the Zone Authority and Customs Imports Examination which includes the railway yard of the road leading into the Zone;

(b) for export from the Zone-Customs Complex at Pasir Gudang, the area allocated for the Zone Authority and Customs Exports Examination which includes the railway yard and the road leading out of the Zone.

Tanjung

Pelepas Port, Johor Bahru The left bank of Sungai Pulai stretching from Latitude 01˚ 22’ 27.885” North Longitude 103˚ 32’ 37” East and Latitude 01˚ 21’ 20.4208” North Longitude 103˚ 32’ 56.7317” East 10. Tanjung Pelepas, Mukim of Tanjung Kupang, District of Johor Bahru, Johor (Phase 1) (Free Zone) Lot PTD 2423 Mukim of Tanjung Kupang, District of Johor Bahru, Johore, as shown by the grey line in the Gazette Plan 2749 deposited in the office of the Director of Survey, Johore.

Kuantan

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(a) the Government wharf;

(b) the wharf of the Pahang Consolidated Co. Ltd.

Tanjung

Gelang, Kuantan The wharf of Kuantan Port Authority in the First Basin (Basin A).

Chukai,

Kemaman The Government wharf 14. Kemaman Port

(a) the wharf of the Kemaman Port Authority located on the reclaimed land at Lot PT 3180;

(b) the area known as the West Wharf situated at Lot PT 3410, Mukim of Teluk Kalong in the District of Kemaman operated by PTB West Wharf Sdn. Bhd.

Butterworth

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(a) the piers operated by Pulau Pinang Port Commission;

(b) the five berths of the Butterworth wharves;

(c) the North Butterworth Container Terminal operated by Pulau Pinang Port Commission.

Butterworth

The ferry terminals operated by the Pulau Pinang Port Commission. Laws of Malaysia 30 Act 860 Location Entry point 17. Deep Water Wharf, Section 4, City of Butterworth, District of North Seberang Prai (Free Zone) All those lands situated in Section 4, City of Butterworth, Northern District, Seberang Prai bounded by the grey line as shown in the Gazette Plan 573 deposited in the Office of the Director of Survey, Pulau Pinang, excluding the areas specified as follows:

(a) land occupied by the Pulau Pinang Port Sdn. Bhd. comprising of—

(i) Warehouse W2;

(ii) Export Blocks (Block A-D: Slot No. 1-45) (Block E-H: Slot No. 1-23);

(iii) the Customs Examination Bay for containers (between Block D and the railway line).

Prai

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(a) the portion of the south bank of the Prai River extending from Railway Passenger Jetty westward to the sea including the Penang Port Commission landing stage and wharf and also the foreshore of the reclamation and ending at a distance of 237.8 metres southward from the southern tip of the lighter basin;

(b) the Bulk Cargo Terminal operated by the Penang Port Commission located at Latitude 5˚ 22’ North and Longitude 100˚ 22’ East.

Prai (Inland

Clearance Depot)

(a) the Inland Clearance Depot Kontena Nasional No. 2443, Lorong Perusahaaan Satu, Kawasan Perusahaan Prai;

(b) the North Terminal Sdn. Bhd. 4935, Dermaga Prai.

Bukit Kayu

Hitam

(a) the Customs Office and all its ancillary buildings and structures situated within the Bukit Kayu Hitam Immigration Complex which is located along Sadao/ Changlun trunk road between 8.9 kilometres north of Changlun and 0.69 kilometres south of Danok (Thailand) Immigration or Customs Check-Point in the Mukim of Laka Temin, Kubang Pasu, Kedah;

(b) the Customs Office and all its ancillary buildings and structures situated within the Lembaga Kemajuan Ikan Malaysia Examination Complex which is located along Sadao/Changlun trunk road between 9.1 kilometres north of Changlun and 0.67 kilometres south of Danok (Thailand) Immigration or Customs Check Point as prescribed in plan Lot No. PT 890 and PT 2180 in the Mukim of Laka Temin, Kubang Pasu, Kedah. Malaysia Border Control and Protection Agency 31 Location Entry point 21. Bukit Kayu Hitam Town and Mukim of Sungai Laka, District of Kubang Pasu, Kedah (Free Zone) All those lands situated in Bukit Kayu Hitam Town and Mukim of Sungai Laka, District of Kubang Pasu, Kedah, bounded by the grey line as shown in the Gazette Plan 1385 deposited in the office of the Director of Survey, Kedah.

Rantau

Panjang

(a) the Immigration Check-Point at the Railway Bridge spanning the Sungai Golok;

(b) the railway track at Rantau Panjang commencing from the Malaysian end of the railway bridge on the right bank of Sungai Golok and extending to southern approximately 155.4 metres to the road level crossing including the railway station platform running parallel to the track;

(c) that area in Lot 251 in the village of Rantau Panjang, district of Pasir Mas, Kelantan comprising the Immigration Complex Check-Point and shed bounded on the north by the north gate and fence on the Malaysian end of the road bridge connecting Rantau Panjang and Golok on the south by the south gate, to the west, the fencing linking both the gates and to the east, the building complex and the imaginary straight line projecting from the northern end of the building complex till it meets the north gate including the passage connecting the check-point area to the railway station platform adjoining the Customs Office.

Johor Bahru

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(a) for import by a motor car, bus, motorcycle, scooter, bicycle and foot passenger, the passenger of Examination Gate, i.e. the area allocated for Immigration and Customs Examination;

(b) for import by other vehicular traffic, the Customs Import Bay in the Customs Complex at Tanjung Putri enclosed within the perimeter fence commencing from the south by the entry gate nearest to Customs Booth No. 1 from the direction of Singapore and terminating at the exit gate nearest to Customs No. 3 as the northern boundary; Laws of Malaysia 32 Act 860 Location Entry point

(c) for export by road during normal working hours, the Customs Export Bay in the Customs Complex at Tanjung Putri bounded within the perimeter fence commencing from the north by the entry gate nearest to Customs Booth No. 3 and terminating at the exit gate nearest to Customs Export Exit CheckPoint at Booth No. 2 of the northern boundary;

(d) for export by road outside normal working hours, the Customs Export Bay in the Customs Complex at Tanjung Putri as specified in paragraph (c), or at the direction of the Proper Officer of Customs;

(e) the Customs Office and buildings and additional construction located within the Customs, Immigration and Quarantine Complex Lot Bukit Chagar, Mukim Johor Bahru, District of Johor Bahru, Johore enclosed within the perimeter fence, commencing from the south at the entry/exit gate facing the Lingkaran Dalam Road.

Mukim of

Plentong, District of Johor Bahru (Free Zone ) All those lands situated in the Mukim of Plentong, District of Johor Bahru, Johore bounded by the grey line as shown in the Gazette Plan 2233 and 2234 deposited in the Office of the Director of Survey, Johore excluding the Customs Examination Area, an area of 0.459 hectare at Container Terminal in Lot 66208.

Tanjung

Kupang, Johor Bahru The Sultan Abu Bakar Complex, Mukim of Tanjung Kupang, District of Johor Bahru, enclosed within the perimeter fence, commencing from the south by the entry/exit gate along the perimeter fence nearest to the Import Holding Area from the direction of Singapore and terminating at the exit/entry gate along the perimeter fence nearest to the Export Holding Area.

Penang International Airport, Bayan Lepas (Pulau Pinang)

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Kuala Lumpur International Airport, Sepang (Selangor)

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Kuala Lumpur

International Airport, Sepang, Selangor (Free Zone) All those lands situated in the Town Area of Sepang International Airport, District of Sepang bounded by the grey line as shown in the Gazette Plan 1207 deposited in the office of the Director of Survey, State of Selangor. Malaysia Border Control and Protection Agency 33

QUARANTINE STATION UNDER THE PREVENTION AND

CONTROL OF INFECTIOUS DISEASES ACT 1988 State Quarantine station 1. Kedah Bukit Kayu Hitam Entry Point Quarantine Centre, Bukit Kayu Hitam, Kedah 2. Pulau Pinang Health Quarantine Centre, International Entry Point, Penang International Airport, Bayan Lepas, Penang 3. Selangor Health Quarantine Centre, International Entry Point, Kuala Lumpur International Airport (KLIA), Sepang, Selangor Health Quarantine Centre, International Entry Point, Kuala Lumpur International Airport 2 (KLIA2), Sepang, Selangor 4. Sabah Health Office of Kota Kinabalu International Airport, Kota Kinabalu, Sabah Second Schedule [Section 2] RELEVANT WRITTEN LAWS Written Laws Description 1. Passport Act 1966 [Act 150] The whole Act 2. Immigration Act 1959/63 [Act 155] The whole Act except sections 9 and 9a and Part V

Customs Act 1967 [Act 235]

The whole Act except Parts IIa, III, IV, V, VI, VII, VIIIa, IX, X, Xa and XIVa 4. Excise Act 1976 [Act 176] Parts IX and X Laws of Malaysia 34 Act 860 Written Laws Description 5. Free Zones Act 1990 [Act 438] Section 8b and Parts IV and V

Sales Tax Act 2018 [Act 806]

Parts X, XI and XII

Malaysian Quarantine and

Inspection Services Act 2011 [Act 728] The whole Act 8. Animals Act 1953 [Act 647] Parts II, VII and VIII

Fisheries Act 1985 [Act 317]

Section 40 10. Federal Agricultural Marketing Authority Act 1965 [Act 141] Subsections 3(2a) and (2b), and

Lembaga Kemajuan Ikan

Malaysia Act 1971 [Act 49] Subsection 4(2a) and section 11a 12. Road Transport Act 1987 [Act 333] Sections 6, 48, 55, 58, 59, 60, 62, 63, 64, 65, 66, 66h, 66i, 66j, 66k, 67, 74, 75, 76, 88a, 88b, 88c, 88d and 88f and Parts II and V

Land Public Transport Act 2010 [Act 715]

Part Va 14. Commercial Vehicles Licensing Board Act 1987 [Act 334] Section 19 and Part IVb 15. Food Act 1983 [Act 281] The whole act 16. Poisons Act 1952 [Act 366] Sections 8, 9, 10, 29, 30, 31, 31a, 31b, 31c, 31d, 31e, 31f, 32, 32a, 33, 34, 34b and 34c 17. Prevention and Control of Infectious Diseases Act 1988 [Act 342] The whole act 18. Sale of Drugs Act 1952 [Act 368] Sections 4, 5, 7 and 27 19. Dangerous Drug Act 1952 [Act 234] The whole act 20. Wildlife Conservation Act 2010 [Act 716] Sections 9, 11, 25a, 29, 45, 60, 61, 62, 65, 68, 69, 70, 71, 83 and 86 and paragraph 17(1)(c) Malaysia Border Control and Protection Agency 35 Written Laws Description 21. I n t e r n a t i o n a l Tr a d e i n Endangered Species Act 2008 [Act 686] Sections 10, 11, 12, 13 and 15, and Parts V and VI

Anti-Trafficking in Persons and Anti-Smuggling of

Migrants Act 2007 [Act 670] The whole act 23. P r i n t i n g P r e s s e s a n d P u b l i c a t i o n s A c t 1 9 8 4 [Act 301] The whole act 24. Arms Act 1960 [Act 206] Sections 16 and 53, and Parts III and IV

Control of Supplies Act 1961

[Act 122] Section 10 26. Copyright Act 1987 [Act 332] Section 39 27. Trademark Act 2019 [Act 815]

Strategic Trade Act 2010

[Act 708]

Chemical Weapons Convention

Act 2005 [Act 641] Sections 30, 35, 37, 43, 44, 45, 46, 53, 55 and 56 30. National Heritage Act 2005 [Act 645] Section 83 31. Malaysian Rubber Board (Incorporation) Act 1996 [Act 551] Section 37 and Part VII

National Kenaf and Tobacco

Board Act 2009 [Act 692] Section 27 and Part VII

Malaysian Cocoa Board

(Incorporation) Act 1988 [Act 343] Section 22 and Part Va 34. Malaysian Palm Oil Board Act 1998 [Act 582] Section 35 and Part VI

Malaysian Timber Industry

Board (Incorporation) Act 1973 [Act 105] Section 20 and Part IVa 36. Malaysian Pepper Board Act 2006 [Act 656]