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Malaysia: Drug Dependants (Treatment and Rehabilitation) Act 1983
Malaysia: Drug Dependants (Treatment and Rehabilitation) Act 1983
5. Obligation 'of suspected drug dependant to undergo tests 21. Period of any imprisonment or detention to be deemed to
procedures. be period of residence, after-care or supervision.
22. ' Contribution for cost of maintenance, treatment' and
6. Magistrate's order which may be made on a drug rehabilitation.
dependant.
23. Delegation by Director General.
7. Breach of terms of bond elecuted under section 6 (1) (b).
24. Jurisdiction.
25. Protection of persons acting under authority of this Act.
PART 3 26. Activity which will assist treatment and rehabilitation.
TREATMENT AND REHABILITATION 27. Separation of minors.
28. Rules.
OF DRUG DEPENDANTS WHO
VOLUNTEER FOR SAME
"Day Centre" means a centre established under para- tion and control of the Minister, superintendence over
graph (b) of section 10; all matters relating to the apprehension, treatment and
rehabilitation of drug dependants under this Act and
there shall be appointed such number of Rehabilitation
Officers as may from time to time be required for the
purposes of this Act.
PART 2 5. (1) For the purpose of tests under section 3 or 4, the
person shall submit himself to all such acts or
Obligation
of suspected
TREATMENT AND REHABILITATION OF DRUG
procedures as he may be required or directed to undergo
drug
uguspecced
procedures.
(a) the person may be released on bail, with or or a registered medical practitioner to be a drug depen-
completed be made
on a drug
time and place mentioned in the bond; or appear, before a Magistrate and if the Magistrate, after
four
hours.
Rehabilitation Centre.
After-care
treatment or rehabilitation at a Rehabilitation
Centre or at an After-care Centre, or in
Centres:,
and by
supervisees.
relation to attendance, treatment and rehabili-
PART 5 tation at a Day Centre, or in relation to any-
GENERAL supervision to which such person is subject
under this Act; or
18. (1) It shall be the duty of a registered medical co-pul- (b) commits a breach of any rules relating to a
practitioner, including a government medical officer, noi?eatior Centre, where no specific punishment is pro-
to notify the Director General of any person who is dependant, vided in such rules for such breach;
treated by him for drug dependency. in accordance
(c) incites any resident of a Rehabilitation Centre
with rules made under this Act. or an After-care Centre, or any person attend-
(2) Any person who contravenes the provisions of ing a Day Centre, to commit a breach of any
this section shall be guilty of an offence and shall, on rules relating to such Centre;
conviction, be liable to a fine not exceeding five (d) uses any indecent, threatening, abusive or
hundred ringgit. insulting words or gestures, or otherwise
behaves in a threatening or insulting manner,
t.awfui against any person exercising any powers, dis-
charging any duties or performing any functions
19. (1) A person shall be in lawful custody- custody.
(a) where he is taken into custody by an officer i n relation to the custody, treatment, rehabilita-
under this Act; tion, residence or supervision of any person
(b) while he is resident at a Rehabilitation Centre under this Act, or against any person resident
or an After-care Centre under this Act; at a Rehabilitation Centre or an After-care.
Centre, or attending a Day Centre or against
(c) while he is being taken from or to any place, any employee or servant employed or engaged
or while he is engaged in any activity under at any Centre, or against any person lawfully
t his Act outside a Rehabilitation Centre or an visiting a Centre or otherwise lawfully present
After-care Centre, during the period that he is at a Centre, or assaults any person, employee
under an order made under this Act to reside or servant, as aforesaid,
at a Rehabilitation Centre or an After-care shall be guilty of an offence and shall on conviction be
Centre. liable to a fine or to imprisonment for a term not ex-
ceeding three years or to both.
(2) Subsection (1) shall not apply to a person who
is admitted to a Rehabilitation Centre under section 8
(2) Paragraphs (a) and (b) of subsection (1) shall not
or 9. Centre under section R nr 0
apply to a person who is admitted to a Rehabilitation
(3) A Magistrate may, on the application of any
21. (1) Where a person who is undergoing residence at Period person against whom an order under subsection (1) has
of any
im pri u) n-
a Rehabilitation Centre, or after-care under section 13 been made, rescind, make anew or vary the order as the
or supervision under paragraph (b) of subsection (1) of ment or Magistrate deems just.
detention
section 6, or has been ordered to do so but has not yet to be
deemed
(4) If any person wilfully fails to comply, with an
to be
commenced to undergo the same, is sentenced by any order under subsection (1), a Magistrate may, for every
court to any term of imprisonment, or by a Juvenile period of
residence,
breach of such order, by warrant direct the amount due
after-care
Court to a term of detention, or is detained under any to. be levied in the manner as provided by law for
law relating to preventive detention, such imprisonment or super -
visoo.
l eying fines imposed by a Magistrate's Court or may
or detention shall take precedence over the residence, sentence such person to. imprisonment for a term not
after-care or supervision as aforesaid, and the period of exceeding one week or to a fine or to both.
i mprisonment or detention served shall be deemed to be
residence at a Rehabilitation Centre, or after-care or Delegation
by
23. The Director General may delegate in writing to
supervision, as the case may be, and if upon completion l. any Rehabilitation Officer by name or office any power
of such period of imprisonment or detention there still conferred on him under this Act.
remains unexpired any portion of the period for which
he had been ordered to reside at a Rehabilitation Jurisdiction.
Acr 92.
24. (1) Notwithstanding any provision in 'the Subor-,
Centre, or undergo after-care, or supervision, as the dinate Courts Act 1948 or the Criminal Procedure Code
Fats.
case may be, he shall be required to reside at a Cap. 6. or. any other written law to the contrary, any power or
Rehabilitation Centre or undergo after-care, or super- jurisdiction conferred on a Magistrate under sections 4,
vision, as the case may be, for such unexpired portion 6, 7, 14 and 22 of this Act over -the matters specified
thereof. therein, may be exercised by any Magistrate at any
place whether such matters arose within or outside the
(2) The foregoing provisions of this section shall not local jurisdiction of the Magistrate or within or outside
apply to a person who is admitted to a Rehabilitation the local limits of his court.
Centre under section 8 or 9.
(2) A Magistrate exercising power under sections 4,
6, 7, 14 or, 22 may do so at any place, other than an
22. (1) Where a Magistrate makes an order requiring Contribu- open and public court, . considered convenient for -the
tion for
any person to reside at a Rehabilitation Centre, he may, cost of purpose by the Magistrate, whether such place is within
at the time of making such order, or at any time there- m dntonanet, or outside the precincts of the court building.
treatment
after during the currency of such order make an order, a nd reha-
requiring such person, or where such person is a minor, bilitation. Protection 25. Any person who does any actin pursuance of any
of persons
acting under
requiring his parent or guardian, to pay such amount of the provisions of this Act or of any subsidiary legis-
as may be specified in the order to the Director General authority
of this Act.
lation made thereunder shall not be subject to any civil
as contribution towards the cost of the maintenance. or criminal liability in respect thereof, whether on the
treatment and rehabilitation of such person at the Re- ground of want of jurisdiction, mistake of law or fact
habilitation Centre. or on any other ground unless he has acted in bad faith
or without reasonable care.
(2) Before making an order under subsection (1), the
Magistrate shall consider the report of a Rehabilitation Activity 26. Any person undergoing treatment and rehabilitation
which
Officer relating to the circumstances of the person will assist in a Centre may be required to engage in any activity
treatment which, in the opinion of the person in charge of the
and reha-
against whom the order is proposed to be made (a copy
of which report shall be supplied to such person) and bilitation. Centre, will assist in his treatment and rehabilitation,
give an opportunity to such person to make representa- and such activity may involve employment in or out-
tions in the matter to the Magistrate. side the Centre.
sion of this Act, or is being conveyed to or from any
centre, or to attena at a clay s...enlrc, unuci ally piuvi LV1.~1.aav_ _
place while in such custody, or such residence or (2) The Minister may in such rules or by separate
attendance, as the case may be, arrangements shall be rules made under this Act provide that any contra-
made so that he is held in such custody, or so resides vention of the provisions of any rule shall be an
or attends, or is so conveyed, in a manner which will offence and may provide for such offence to be
ensure that he does not associate with and is segregated punished with . a fine not exceeding five hundred
from an adult or adults who are being so held in ringgit or impsonment for a term not exceeding six
custody, or are so residing or attending, or are being months or both.
so conveyed. 29. The words "for matter relating to the treatment
and rehabilitation of drug dependants," appearing in
Repee 1.
28. (1) The Minister may make rules for the further, Rules. the long title, the definitions of "Board of Visitors",
better and more convenient carrying out of the provi- "detection centre", "Director General", "drug
sions or purposes of this Act and in particular, but with- dependant", "rehabilitation centre" and "rehabilitation
out derogating from the generality of the foregoing, committee" in section 2, and Part VA, of the Dangerous
Drugs Act 1952 are repealed.
Acr 234.
(d) to provide for the discipline, education, voca- thereof, shall continue to apply in relation to such
tional training and employment of persons person, save that the references to officers and
undergoing treatment and rehabilitation at such authorities under the said Part VA shall be construed
Centres or private rehabilitation centres; as references to the corresponding officers and
(e) to provide for procedures relating to the tests authorities established under this Act.
to be carried out under this Act;
(f) to provide for procedure relating to the treat- 31. The Dangerous Drugs Act 1952 is amended by
inserting immediately after section 38 new sections 38A
Amandment
(g) to provide for the composition, duties, 38A. (1) Where any person below the age of
Act 1952.
"P-an
eighteen years is found guilty of an offence
Act 234.
Visitors and Rehabilitation Committees; epana atus against this Act other than in the case of an
offence under section 6B or 39B or other than
(h) to provide for the form, and the provisions below the
a ge of in a case where a person is found guilty of an
to be included in any bail bond executed under offence against this Act for which the punish-
nshtean.
this Act; ment shall be under section 39A, the Court
shall consider a report of a Rehabilitation 38a. (1) Whe re a person is found guilty of an
Officer as defined in the Drug Dependants offence under section 15, he shall immediately
Powers of
Art 283.
(Treatment and Rehabilitation) Act 1983 and
Court in
(1) of section 6 of the Drug Dependants (.Treat- (2) Sections 7 and 17 shall be deemed bo lave come
ment and Rehabilitation) Act 1983, and where i nto force on the 15th November 1977 and on the 30th
Art ?83.