Download as pdf or txt
Download as pdf or txt
You are on page 1of 46

Malaysian Space Board 1

LAWS OF MALAYSIA

Act 834

MALAYSIAN SPACE BOARD ACT 2022


2 Laws of Malaysia Act 834

Date of Royal Assent ... ... 19 January 2022

Date of publication in the ... ... 25 January 2022


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).
Malaysian Space Board 3

LAWS OF MALAYSIA

Act 834

MALAYSIAN SPACE BOARD ACT 2022

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY

Section

1. Short title and commencement


2. Interpretation
3. Territorial scope of offences under this Act
4. Act to be read together with other laws

Part II

MALAYSIAN SPACE BOARD

5. Establishment of the Board


6. Functions of the Board
7. Temporary exercise of functions of Chairman
8. Executive Secretary to the Board
9. Meetings of the Board
10. Board may invite others to meetings
11. Board may establish committees
12. Delegation of functions of the Board
13. Directions by Minister
14. Appointment of Space Regulator

Part III

PROHIBITION

15. Prohibition
4 Laws of Malaysia Act 834
Part IV

LICENSING, ETC.

Section

16. Licence requirement


17. Launch permit requirement
18. Launch certificate requirement
19. Application for licence, etc.
20. Additional document or information
21. Grant of licence
22. Grant of launch permit
23. Grant of launch certificate
24. Conditions of licence, etc.
25. Additional conditions of licence, etc.
26. Duration of licence, etc.
27. Additional offences in relation to conditions of licence, etc.
28. Renewal of licence
29. Surrender of licence
30. Transfer or assignment of licence, etc.
31. Suspension or revocation of licence, etc.
32. Publication of suspension or revocation of licence, etc.
33. Appeal
34. Review of licence
35. Launch Safety Officer

Part V

REGISTRATION OF SPACE OBJECT

36. Registration of space object


37. Notification of changes in relation to space object
38. Register of space objects
Malaysian Space Board 5
Part VI

LIABILITY

Section

39. Absolute liability


40. Obligation to indemnify Government

Part VII

OTHER OFFENCES

41. Discovery of space object, etc., and personnel, etc., of spacecraft


42. Tampering, etc., with space object, etc.

Part VIII

INCIDENT AND ACCIDENT

43. Notification of incident and accident


44. Appointment of investigator
45. Safe custody of space object, etc.
46. Licence, etc., deemed suspended in the event of accident

Part IX

ENFORCEMENT

47. Authorization of public officer


48. Authority card
49. Power of investigation
50. Search and seizure with warrant
51. Search and seizure without warrant
52. List of seized space object, etc.
53. Cost of holding seized space object, etc.
54. Release of seized space object, etc.
55. Forfeiture of seized space object, etc.
56. Property in forfeited space object, etc.
57. Access to computerized data
58. No cost or damage arising from seizure to be recoverable
6 Laws of Malaysia Act 834
Section
59. Power to require attendance of persons acquainted with case
60. Examination of persons acquainted with case
61. Admissibility of statement in evidence
62. Additional powers
63. Obstruction

Part X

GENERAL

64. Protection against suits and legal proceedings


65. Prosecution
66. Service of documents
67. Attempts and abetments
68. Liability of director, etc., of body corporate
69. Liability of person for act, etc., of employee, etc.
70. Compounding of offences
71. Exemption
72. Regulations
73. Transitional provisions
Malaysian Space Board 7

LAWS OF MALAYSIA

Act 834

MALAYSIAN SPACE BOARD ACT 2022

An Act to establish the Malaysian Space Board to regulate certain


space related activities for the purposes of safety, to regulate
the registration of space object and to provide for certain space
related offences and related matters.

[ ]

ENACTED by the Parliament of Malaysia as follows:

Part I

PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Malaysian Space Board


Act 2022.

(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 for the coming into operation of different
provisions of this Act.

Interpretation

2. In this Act, unless the context otherwise requires—

“space” means a void extending from one hundred kilometres


above mean sea level;
8 Laws of Malaysia Act 834

“incident” means any occurrence associated with a space object


or launch facility which affects or likely to affect the safety of
a space object or launch facility, or involving circumstances where
an accident nearly happened;

“accident” means any occurrence associated with a space object


or launch facility which causes damage, including fall or collapse,
or collision or explosion, of a space object or launch facility;

“launch facility” means any launch pad, space port, sea platform
or other structures or any ship, aircraft or other conveyances,
from which a space object may be launched into space, including
any equipment or installation at the launch pad, space port, sea
platform or other structures or on the ship, aircraft or other
conveyances, which are necessary to launch a space object into
space;

“damage” means loss of life, any injury or impairment of


health to any person, or loss of or damage to any property;

“Board” means the Malaysian Space Board established under


section 5;

“licence” means a licence granted under Part IV;

“Minister” means the Minister charged with the responsibility


for science and technology;

“space object” means a spacecraft and launch vehicle, including


the component parts of the spacecraft and launch vehicle;

“authorized officer” means any police officer not below


the rank of Inspector as provided for in the Police Act 1967
[Act 344] and any public officer authorized under section 47;

“Launch Safety Officer” means an officer appointed under


section 35;

“permanent resident” has the meaning assigned to it in the


Courts of Judicature Act 1964 [Act 91];

“Chairman” means the Chairman of the Board;

“Space Regulator” means the public officer appointed under


section 14;
Malaysian Space Board 9

“launch service provider” means any person who provides


services for the launching of a space object into space;

“investigator” means an investigator appointed under


section 44;

“launch certificate” means a launch certificate granted under


Part IV;

“launch permit” means a launch permit granted under Part IV;

“body corporate” means a company, limited liability partnership,


firm, society or other body of persons;

“weapons of mass destruction” has the meaning assigned to it


in the Strategic Trade Act 2010 [Act 708].

Territorial scope of offences under this Act

3. (1) If any offence under section 15 is committed by any


person, whatever his nationality or citizenship, at any place outside
Malaysia, he may be dealt with in respect of such offence as if
the offence was committed at any place within Malaysia.

(2) For the purposes of subsection (1), this Act shall apply if
the offences are committed against—

(a) any citizen of Malaysia; or

(b) any property located outside Malaysia belonging to,


or operated or controlled by, in whole or in part, the
Government or the Government of any State in Malaysia,
including diplomatic or consular premises of Malaysia,
any citizen of Malaysia, or any body corporate incorporated,
established or registered in Malaysia.

(3) This Act shall apply to any offence under sections 24, 25,
27, 30, 36, 37 and 43 committed by any citizen of Malaysia,
permanent resident or body corporate incorporated, established or
registered in Malaysia, at any place outside Malaysia and such
citizen, permanent resident or body corporate may be dealt with
in respect of such offence as if the offence was committed at
any place within Malaysia.
10 Laws of Malaysia Act 834

Act to be read together with other laws

4. (1) This Act shall be read together with any other written
laws relating to space related activities, including written laws
relating to civil aviation, communications and multimedia, and
strategic trade and the provisions of this Act shall be in addition to,
and not in derogation of, the provisions of such other written laws.

(2) Where such other written laws referred to in subsection (1)


contain any provision relating to space related activities regulated
under this Act, the provisions of this Act shall prevail and the
provisions of such other written laws shall be deemed to be
superseded.

Part II

MALAYSIAN SPACE BOARD

Establishment of the Board

5. (1) A board by the name of “Malaysian Space Board” is


established.

(2) The Board shall consist of—

(a) the Secretary General of the Ministry charged with the


responsibility for science and technology who shall be
the Chairman;

(b) the Deputy Secretary General of the Ministry charged


with the responsibility for science and technology who
shall be the Deputy Chairman;

one representative from the Ministry charged with the


(c)
responsibility for defence;

(d) one representative from the Ministry charged with the


responsibility for communications and multimedia;

(e) one representative from the Ministry charged with the


responsibility for home affairs;
Malaysian Space Board 11

(f) one representative from the Ministry charged with the


responsibility for transport;

(g) one representative from the Ministry charged with the


responsibility for international trade and industry; and

(h) one representative from the National Security Council.

(3) The members referred to in paragraphs (2)(c) to (h) shall


be appointed in writing by the Minister and the Minister may,
in respect of each of the member, appoint an alternate member
to attend meetings of the Board when the member is for any
reason unable to attend.

Functions of the Board

6. (1) The Board shall have the following functions:

(a) to advise the Government on matters relating to the


implementation of this Act;

(b) to ensure the effective implementation of this Act;

(c) to perform or provide for the performance of the obligations


arising from agreements, conventions or treaties to which
Malaysia is a party where such agreements, conventions
or treaties relate to the purposes of this Act;

(d) to issue guidelines and directives for the purposes of this


Act; and

(e) to do such other things arising out of or consequential


to the functions of the Board under this Act consistent
with the purposes of this Act.

(2) The Board shall have all such powers as may be necessary
for, or in connection with, or reasonably incidental to,
the performance of its functions under this Act.
12 Laws of Malaysia Act 834

Temporary exercise of functions of Chairman

7. (1) The Deputy Chairman shall act as the Chairman for the
period when—

the office of the Chairman is vacant; or


(a)

(b) the Chairman is, for any reason, unable to carry out his
functions.

(2) The Deputy Chairman shall, during the period in which he


is carrying out the functions of the Chairman under this section,
be deemed to be the Chairman.

Executive Secretary to the Board

8. (1) The Space Regulator shall be the Executive Secretary to


the Board.

(2) The Executive Secretary shall be responsible for—

(a) the day-to-day management of the affairs of the Board;

the implementation of the decisions of the Board; and


(b)

(c) the carrying out of any other duties as directed by the


Board.

(3) The Executive Secretary shall, in carrying out his duties,


act under the direction of the Board.

Meetings of the Board

9. (1) The Board shall convene its meeting at least once a year
and the meeting shall be held at the time and place specified in
written notice by the Chairman.

(2) The Chairman shall preside at the meeting of the Board.

(3) Where the Chairman is absent from any meeting of the


Board, the Deputy Chairman shall replace him as the chairman
of the meeting.
Malaysian Space Board 13

(4) Five members, including the chairman of the meeting,


shall constitute the quorum of the Board.

(5) The Chairman may authorize the use of a live video link,
live television link or any other electronic means of communication
for the purposes of any meeting of the Board.

(6) Where there is an equality of votes, the Chairman or the


Deputy Chairman replacing the Chairman pursuant to subsection (3)
shall have the casting vote.

(7) The Board may determine its own procedure.

Board may invite others to meetings

10. The Board may invite any other person to attend any meeting
of the Board to advise the Board on any matter under discussion,
but the person so attending is not entitled to vote at the meeting.

Board may establish committees

11. (1) The Board may establish any committee as the Board
considers necessary or expedient to assist the Board in the
performance of its functions.

(2) The Board may appoint any person to be a member of any


committee established under subsection (1).

(3) The Board may appoint any of its members or any other
person to be the chairman of the committee established under
subsection (1).

(4) The committee shall be subject to and act in accordance


with any direction given by the Board.

(5) The committee shall meet as often as may be necessary


at the time and place as the chairman of the committee may
determine.

(6) The committee may determine its own procedure.


14 Laws of Malaysia Act 834

(7) The committee may invite any person to attend any meeting
of the committee to advise the committee on any matter under
discussion.

Delegation of functions of the Board

12. (1) The Board may, subject to the conditions or restrictions


as the Board thinks fit to impose, delegate any of its functions,
except the power of delegation, to the Space Regulator.

(2) The Space Regulator delegated with such functions under


subsection (1) shall be bound to observe and have regard to all
conditions and restrictions imposed by the Board and all the
requirements, procedures and matters specified by the Board.

(3) Any function delegated under this section shall be performed


and exercised in the name and on behalf of the Board.

(4) The delegation under this section shall not preclude the
Board itself from performing or exercising at any time any of
the delegated functions.

Directions by Minister

13. The Minister may give the Board directions consistent with
the provisions of this Act and the Board shall give effect to such
directions.

Appointment of Space Regulator

14. (1) The Minister shall, on the advice of the Chairman,


appoint from amongst the public officers, a Space Regulator for
the purposes of this Act.

(2) The Space Regulator shall perform the functions and duties
imposed and exercise the powers conferred upon him under this
Act.
Malaysian Space Board 15

Part III
PROHIBITION

Prohibition

15. (1) Space shall be used for peaceful purposes and for this
reason no person shall—

(a) place, install, launch or operate any weapon of mass


destruction in space;

(b) carry out any testing of weapons of mass destruction in


space;

(c) establish a military base, installation and fortification,


carry out the testing of any type of weapons and conduct
any military manoeuvres, in space;

(d) conduct any activity which affects the security and safety
of any other activity lawfully carried out in space; or

(e) conduct any activity which may cause harmful contamination


to space or adverse changes to the environment of the
Earth resulting from the introduction of extraterrestrial
matter.

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


fifty million ringgit or to imprisonment for a term not
exceeding thirty years or to both; or

(b) where such person is a body corporate, to a fine not


exceeding one hundred million ringgit.

Part IV
LICENSING, ETC.

Licence requirement

16. (1) Any person who intends to—

(a) build or manufacture any space object;


16 Laws of Malaysia Act 834

(b) own or operate any facility for the integration or testing


of any space object; or

(c) own or operate any launch facility,

shall apply for a licence.

(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


fifteen million ringgit or to imprisonment for a term not
exceeding ten years or to both; or

(b) where such person is a body corporate, to a fine not


exceeding thirty million ringgit.

Launch permit requirement

17. (1) Any launch service provider who intends to launch


a space object into space from any launch facility in Malaysia
shall apply for a launch permit.

(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


thirty million ringgit or to imprisonment for a term not
exceeding ten years or to both; or

where such person is a body corporate, to a fine not


(b)
exceeding sixty million ringgit.

Launch certificate requirement

18. (1) Any citizen of Malaysia or permanent resident who, or


any body corporate incorporated, established or registered in
Malaysia which, is an owner of a space object and intends to
launch the space object into space from any launch facility in or
outside Malaysia shall apply for a launch certificate.
Malaysian Space Board 17

(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


thirty million ringgit or to imprisonment for a term not
exceeding ten years or to both; or

(b) where such person is a body corporate, to a fine not


exceeding sixty million ringgit.

Application for licence, etc.

19. (1) A person may apply for a licence, launch permit or launch
certificate to be granted to him by submitting to the Board an
application in such manner as may be prescribed.

(2) The application under subsection (1) shall be accompanied


by payment of the prescribed fee.

(3) An application under this section may be withdrawn at any
time, in writing, before it is approved or refused.

Additional document or information

20. (1) The Board may, at any time after the receipt of an
application under section 19, request the applicant to give to the
Board, within the period specified in the request, any additional
document or information on the application.

(2) Where the additional document or information required


under subsection (1) is not given by the applicant within the
period specified in the request or within any extension of time
granted by the Board, the application shall be deemed to be
withdrawn and shall not be further proceeded with, but without
affecting the right of the applicant to make a fresh application.

Grant of licence

21. (1) Upon receipt of an application and payment of fee under


section 19 and any additional document or information given
under section 20, the Board may consider the application for
a licence having regard to such requirements as may be prescribed.
18 Laws of Malaysia Act 834

(2) Where the Board is satisfied that all the requirements


prescribed for an application for a licence have been fulfilled,
the Board may grant a licence.

Grant of launch permit

22. (1) Upon receipt of an application and payment of fee under


section 19 and any additional document or information given under
section 20, the Board may consider the application for a launch
permit having regard to such requirements as may be prescribed.

(2) Where the Board is satisfied that all the requirements


prescribed for an application for a launch permit have been
fulfilled, the Board may, by written notice, communicate to the
applicant the Board’s intention to grant the launch permit subject
to the applicant fulfilling the requirement for insurance under
subsection (3).

(3) The applicant for a launch permit shall cause to be insured


in respect of any liability for any damage to a third party resulting
from the launch of the space object into space to which the launch
permit relates in such manner as may be prescribed.

(4) Where the Board is satisfied that the requirement for


insurance under subsection (3) has been fulfilled, the Board may
grant a launch permit.

Grant of launch certificate

23. (1) Upon receipt of an application and payment of fee under


section 19 and any additional document or information given
under section 20, the Board may consider the application for
a launch certificate having regard to such requirements as may be
prescribed.

(2) Where the Board is satisfied that all the requirements


prescribed for an application for a launch certificate have been
fulfilled, the Board may grant a launch certificate.
Malaysian Space Board 19

Conditions of licence, etc.

24. (1) A licence, launch permit or launch certificate may be


granted subject to such conditions as the Board thinks fit to impose.

(2) The Board may at any time vary or revoke the conditions
imposed on a licence, launch permit or launch certificate.

(3) For the purposes of a launch permit and launch certificate,


the conditions imposed by the Board under subsection (1) may
include conditions relating to re-entry of the space object.

(4) Any person who contravenes any condition of a licence,


launch permit or launch certificate imposed by the Board under
subsection (1) commits an offence and shall, on conviction, be
liable—

(a) where such person is an individual, to a fine not exceeding


one million ringgit or to imprisonment for a term not
exceeding five years or to both; or

(b) where such person is a body corporate, to a fine not


exceeding three million ringgit.

Additional conditions of licence, etc.

25. (1) The Board may at any time—

(a) impose any additional conditions on a licence, launch


permit or launch certificate; or

(b) vary or revoke any additional conditions imposed on


a licence, launch permit or launch certificate.

(2) Any person who contravenes any additional conditions of


a licence, launch permit or launch certificate imposed by the
Board under subsection (1) commits an offence and shall, on
conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


one million ringgit or to imprisonment for a term not
exceeding five years or to both; or
20 Laws of Malaysia Act 834

where such person is a body corporate, to a fine not


(b)
exceeding three million ringgit.

Duration of licence, etc.

26. A licence, launch permit or launch certificate shall specify


the duration of the licence, launch permit or launch certificate.

Additional offences in relation to conditions of licence, etc.

27. Any person who contravenes any condition of a licence,


launch permit or launch certificate imposed by the Board
under section 24 or any additional conditions of the licence,
launch permit or launch certificate imposed by the Board under
section 25, and by such act—

(a) causes loss of life, commits an offence and shall, on


conviction, be liable—

(i) where such person is an individual, to a fine


not exceeding fifteen million ringgit or to
imprisonment for a term not exceeding twenty
years or to both; or

(ii) where such person is a body corporate, to a fine


not exceeding thirty million ringgit;

(b) causes any injury or impairment of health to any person,


commits an offence and shall, on conviction, be liable—

(i) where such person is an individual, to a fine not


exceeding five million ringgit or to imprisonment
for a term not exceeding ten years or to both;
or

(ii) where such person is a body corporate, to a fine


not exceeding ten million ringgit; and

(c) causes loss of or damage to any property, commits an


offence and shall, on conviction, be liable—

(i) where such person is an individual, to a fine


not exceeding five hundred thousand ringgit or
Malaysian Space Board 21

to imprisonment for a term not exceeding five


years or to both; or

(ii) where such person is a body corporate, to a fine


not exceeding one million ringgit.

Renewal of licence

28. (1) A licence may be renewed from time to time by the


licensee by submitting an application to the Board in such manner
as may be prescribed.

(2) The Board may, after considering the application for the
renewal of a licence made under subsection (1), approve or refuse
the application.

(3) Where an application for the renewal of a licence is approved


by the Board, the licence shall be renewed upon payment of the
prescribed fee and the Board may impose such conditions as the
Board thinks fit.

Surrender of licence

29. (1) A licensee may, by written notice, surrender his licence


to the Board at any time and in accordance with the requirements
specified in the licence.

(2) The surrender shall take effect on the date the Board receives
the licence and the notice under subsection (1), or where a later
date is specified in the notice, on that date.

(3) The surrender of a licence under subsection (1) shall be


irrevocable unless the Board by written notice to the licensee
allows the surrender to be withdrawn before the effective date
of the surrender of the licence.

(4) The licensee shall—

(a) take all such measures and provide all such assistance as
may be required by the Board pursuant to the surrender
of the licence; and
22 Laws of Malaysia Act 834

forward the licence to the Board on the effective date of


(b)
the surrender of the licence.

Transfer or assignment of licence, etc.

30. (1) A licence, launch permit or launch certificate shall not


be transferred or assigned to any other person.

(2) Any licensee, launch permit holder or launch certificate


holder who contravenes subsection (1) commits an offence and
shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


one million and five hundred thousand ringgit or to
imprisonment for a term not exceeding five years or to
both; or

where such person is a body corporate, to a fine not


(b)
exceeding three million ringgit.

(3) Notwithstanding subsection (1), a licence may be transferred


to any other person upon authorization by the Board—

(a) if a written application is made to the Board by the


licensee; and

(b) if the Board is satisfied that the person to whom the


licence is to be transferred has the necessary financial
and technical resources to comply with the conditions
or additional conditions of the licence.

Suspension or revocation of licence, etc.

31. (1) The Board may, by written notice to the licensee, launch
permit holder or launch certificate holder, suspend or revoke
a licence, launch permit or launch certificate in any of the
following circumstances:

(a) the licensee, launch permit holder or launch certificate


holder has failed to comply with the provisions of
this Act or conditions or additional conditions of the
licence, launch permit or launch certificate;
Malaysian Space Board 23

(b) the licensee, launch permit holder or launch certificate


holder has been convicted of an offence under this Act;

(c) the licensee, launch permit holder or launch certificate


holder has been convicted of an offence involving
corruption, fraud, dishonesty or moral turpitude, or any
other offence punishable with imprisonment, whether
in itself only or in addition to or in lieu of a fine,
for more than two years; or

(d) the suspension or revocation is in the interest of the


public, national security or international relations.

(2) The suspension or revocation of a licence, launch permit or


launch certificate shall take effect on the expiration of fourteen days
from the date on which the notice of suspension or revocation is
served on the licensee, launch permit holder or launch certificate
holder.

Publication of suspension or revocation of licence, etc.

32. (1) Where the suspension or revocation of a licence, launch


permit or launch certificate takes effect, the Board shall, as soon
as practicable, cause the suspension or revocation to be published
in the official website of the Board for at least three consecutive
days.

(2) Any delay or failure to publish the notice of suspension


or revocation shall not in any manner affect the validity of the
suspension or revocation.

Appeal

33. (1) Any person aggrieved—

(a) by the refusal of the Board to grant a licence, launch


permit or launch certificate; or

(b) by the suspension or revocation of his licence, launch


permit or launch certificate,
24 Laws of Malaysia Act 834

may, within thirty days after being informed in writing of the


refusal, suspension or revocation, appeal in writing against such
decision to the Minister.

(2) The Minister may, after considering the appeal made under
subsection (1), confirm or set aside the decision appealed against.

Review of licence

34. (1) The Space Regulator or any authorized officer may, at any
time, conduct a review on a licence to determine the compliance
of the licensee—

(a) with this Act or any regulations made under this Act; or

with the conditions and additional conditions of the


(b)
licence.

(2) The Space Regulator or the authorized officer conducting the


review under subsection (1) shall have all the powers necessary
to conduct such review under this section.

(3) The Space Regulator or the authorized officer conducting


the review under subsection (1) shall prepare and submit a report
of the review to the Board in such manner as may be determined
by the Board.

Launch Safety Officer

35. (1) The Space Regulator shall appoint from amongst the
authorized officer a Launch Safety Officer to determine the
compliance of a launch permit holder—

(a) with this Act or any regulations made under this Act; or

(b) with the conditions and additional conditions of the launch


permit.

(2) For the purposes of subsection (1), the Launch Safety


Officer shall have all the powers necessary for the performance
of his functions and in particular he may—

(a) inspect, with prior written notice to the launch permit


holder, a space object or launch facility;
Malaysian Space Board 25

(b) direct the launch permit holder or any employee, agent


or contractor of the launch permit holder to give any
information or assistance; and

(c) give any direction to the launch permit holder in relation


to the launch of a space object into space or re-entry of
a space object that he considers necessary to avoid any
danger to public health or to any person or property,
including directions to stop the launch or re-entry of,
or to destroy, the space object.

Part V

REGISTRATION OF SPACE OBJECT

Registration of space object

36. (1) Any citizen of Malaysia, permanent resident or body


corporate incorporated, established or registered in Malaysia, whose
space object has been launched into the earth orbit or beyond
from a launch facility in or outside Malaysia shall register the
space object with the Space Regulator in such manner as may
be prescribed.

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


twenty-five thousand ringgit; or

(b) where such person is a body corporate, to a fine not


exceeding fifty thousand ringgit.

Notification of changes in relation to space object

37. (1) Any owner whose space object has been registered under
section 36 shall notify the Space Regulator if—

(a) the space object has ceased to be in operation;

(b) the space object is physically destroyed; or


26 Laws of Malaysia Act 834

(c) there is any change in the particulars given on the space


object for the purposes of registration.

(2) Any person who contravenes subsection (1) commits


an offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


twenty-five thousand ringgit; or

(b) where such person is a body corporate, to a fine not


exceeding fifty thousand ringgit.

Register of space objects

38. (1) The Space Regulator shall keep and maintain a register
of space objects registered under subsection 36(1) in such manner
as may be prescribed.

(2) The Space Regulator may, upon notification given under


section 37 or on his own accord, remove the name and the
particulars of the space object from the register or amend the
particulars of the space object in the register.

(3) The register may be made available to the public for


inspection in such manner as may be determined by the Space
Regulator.

Part VI

LIABILITY

Absolute liability

39. (1) A launch service provider shall be absolutely liable for


any damage resulting from the launch of a space object from
a launch facility in Malaysia.

(2) A citizen of Malaysia, permanent resident or body corporate


incorporated, established or registered in Malaysia who is an
owner of a space object shall be absolutely liable for any damage
resulting from the launch of his or its space object from a launch
facility outside Malaysia.
Malaysian Space Board 27

(3) A citizen of Malaysia, permanent resident or body corporate


incorporated, established or registered in Malaysia who is an
owner of a space object shall be absolutely liable for any damage
resulting from the operation of his or its space object which has
been launched into the earth orbit or beyond.

Obligation to indemnify Government

40. (1) A launch service provider shall indemnify the Government


against any claim and proceedings brought against the Government
in respect of any damage resulting from the launch of a space
object from a launch facility in Malaysia.

(2) Any citizen of Malaysia, permanent resident or body


corporate incorporated, established or registered in Malaysia who
is an owner of a space object shall indemnify the Government
against any claim and proceedings brought against the Government
in respect of any damage resulting from the launch of his or its
space object from a launch facility outside Malaysia.

(3) Any citizen of Malaysia, permanent resident or body


corporate incorporated, established or registered in Malaysia who
is an owner of a space object shall indemnify the Government
against any claim and proceedings brought against the Government
in respect of any damage resulting from the operation of his or
its space object which has been launched into the earth orbit or
beyond.

(4) Any indemnity due and payable under subsections (1),


(2) and (3) may be recovered as a civil debt due to the Government.

Part VII

OTHER OFFENCES

Discovery of space object, etc., and personnel, etc., of spacecraft

41. (1) Any person who discovers any object which he has reason
to believe to be a space object or an object which originated
from space, or any person whom he has reason to believe to be
a personnel or passenger of a spacecraft, shall notify the Space
Regulator or any authorized officer of discovery.
28 Laws of Malaysia Act 834

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding


five thousand ringgit; or

(b) where such person is a body corporate, to a fine not


exceeding ten thousand ringgit.

Tampering, etc., with space object, etc.

42. (1) Any person who discovers any object which he has reason
to believe to be a space object or an object which originated
from space shall not tamper with, remove, damage or destroy the
object except where it is necessary to do so to prevent immediate
danger to the safety of life or property.

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable—

where such person is an individual, to a fine not exceeding


(a)
ten thousand ringgit; or

where such person is a body corporate, to a fine not


(b)
exceeding twenty thousand ringgit.

Part VIII
INCIDENT AND ACCIDENT

Notification of incident and accident

43. (1) A licensee, launch permit holder or launch certificate holder


shall immediately notify the Space Regulator of any incident or
accident in respect of a space object or launch facility to which
the licence, launch permit or launch certificate granted relates.

(2) Any person who contravenes subsection (1) commits an


offence and shall, on conviction, be liable—

(a) where such person is an individual, to a fine not exceeding
twenty-five thousand ringgit; or

where such person is a body corporate, to a fine not


(b)
exceeding fifty thousand ringgit.
Malaysian Space Board 29

Appointment of investigator

44. (1) For the purposes of this Part, the Minister shall appoint
in writing such number of investigators to conduct an investigation
into any incident or accident in such manner as may be prescribed.

(2) The investigator shall have all the powers necessary to


conduct an investigation under this Part.

(3) An authorized officer may be appointed as an investigator


subject to such conditions imposed by the Minister.

(4) The investigator appointed under subsection (1), other than


an investigator appointed from amongst the authorized officer
under subsection (3), shall be deemed as a public servant within
the meaning of the Penal Code [Act 574].

(5) The investigation conducted under this Part shall be for


the purpose of preventing an incident or accident in the future
and not for the purpose of apportioning blame or liability.

Safe custody of space object, etc.

45. (1) The Space Regulator shall, as soon as an information of


an incident or accident comes to his knowledge, take all reasonable
measures to maintain safe custody of the space object or launch
facility, being the subject matter of the incident or accident, or
any other evidence relating to the incident or accident until an
investigator is appointed to conduct an investigation into the
incident or accident under section 44.

(2) Upon the appointment of an investigator under section 44,


it shall be the duty of the investigator to maintain safe custody
of the space object or launch facility, being the subject matter of
the incident or accident, or such other evidence relating to the
incident or accident.

(3) When the investigator determines that the space object,


launch facility or such other evidence is no longer necessary for
the purposes of the investigation, the investigator shall release the
space object, launch facility or such other evidence to the owner
or any person authorized in writing by the owner to take custody
of the space object, launch facility or such other evidence.
30 Laws of Malaysia Act 834

(4) Any person who tampers with, removes, damages or destroys


any space object, launch facility or such other evidence in the
custody of the Space Regulator or an investigator commits an
offence and shall, on conviction, be liable—

where such person is an individual, to a fine not exceeding


(a)
ten thousand ringgit; or

where such person is a body corporate, to a fine not


(b)
exceeding twenty thousand ringgit.

Licence, etc., deemed suspended in the event of accident

46. (1) In the event of an accident, a licence, launch permit or


launch certificate granted in respect of a space object or launch
facility, being the subject matter of the accident, shall be deemed
suspended for a period from the date of the accident until the
date the Board revokes the suspension.

(2) Where a licence, launch permit or launch certificate is


deemed suspended under subsection (1), the licence, launch permit
or launch certificate shall have no effect during the period of the
suspension.

(3) The suspension of a licence, launch permit or launch


certificate under subsection (1) shall not affect the date of the
expiry of the licence, launch permit or launch certificate as
specified in the licence, launch permit or launch certificate.

(4) The Board may revoke or vary the conditions of the


licence, launch permit or launch certificate suspended under
subsection (1).

(5) Notwithstanding section 31, the Board may revoke the


licence, launch permit and launch certificate suspended under
subsection (1).
Malaysian Space Board 31

Part IX

ENFORCEMENT

Authorization of public officer

47. The Minister may, in writing, authorize any public officer


to exercise the powers of enforcement under this Act.

Authority card

48. (1) There shall be issued to each authorized officer an


authority card to be signed by the Minister.

(2) Whenever such authorized officer exercises any of the


powers under this Act, he shall, on demand, produce to the person
against whom the power is being exercised the authority card
issued to him under subsection (1).

Power of investigation

49. (1) An authorized officer shall have all the powers necessary
to carry out an investigation under this Act.

(2) In any case relating to the commission of an offence under


this Act, any authorized officer carrying out an investigation may
exercise all or any of the special powers in relation to police
investigation in seizable cases given by the Criminal Procedure
Code [Act 593].

Search and seizure with warrant

50. (1) Where it appears to a Magistrate, upon written information


on oath from an authorized officer and after such inquiry as the
Magistrate considers necessary, that there is reasonable cause to
believe that—

any site, premises or conveyance has been used in; or


(a)

there is in any site, premises or conveyance evidence


(b)
necessary to the conduct of an investigation into,
32 Laws of Malaysia Act 834

the commission of an offence under this Act or any regulations


made under this Act, the Magistrate may issue a warrant authorizing
the authorized officer named in the warrant, at any reasonable
time by day or by night and with or without assistance, to enter
the site, premises or conveyance and if need be by force.

(2) Without affecting the generality of subsection (1), the


warrant issued by the Magistrate may authorize the search and
seizure of—

copies of any book, account or other document, including


(a)
computerized data, which contain or are reasonably
suspected to contain information as to any offence so
suspected to have been committed;

any signboard, card, letter, pamphlet, leaflet or notice


(b)
representing or implying that the person has a licence,
launch permit or launch certificate granted under this
Act;

any space object or launch facility; or


(c)

(d) any other document, facility, apparatus, vehicle, equipment,


device or matter that is reasonably believed to furnish
evidence of the commission of the offence.

(3) An authorized officer conducting a search under subsection (1)


may, for the purpose of investigating into the offence, search any
person who is in or on the site, premises or conveyance.

(4) An authorized officer making a search of a person under


subsection (3) may seize or take possession of, and place in
safe custody all things, other than the necessary clothing, found
upon the person, and other things, for which there is a reason
to believe that they are the instruments or other evidence of the
crime, and they may be detained until the discharge or acquittal
of the person.

(5) No person shall be searched except by another person of


the same gender, and such search shall be conducted with strict
regard to decency.
Malaysian Space Board 33

(6) If, by reason of its nature, size and amount, it is not


practicable to remove any space object, launch facility, book,
account, document, computerized data, signboard, card, letter,
pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment,
device, thing or matter seized under this section, the seizing officer
shall, by any means, seal such space object, launch facility, book,
account, document, computerized data, signboard, card, letter,
pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment,
device, thing or matter in or on the site, premises or conveyance
in which it is found.

(7) Any person who, without lawful authority, breaks, tampers


with or damages the seals referred to in subsection (6) or removes
any space object, launch facility, book, account, document,
computerized data, signboard, card, letter, pamphlet, leaflet, notice,
facility, apparatus, vehicle, equipment, device, thing or matter
under seals or attempts to do so commits an offence and shall,
on conviction, be liable to a fine not exceeding fifty thousand
ringgit or to imprisonment for a term not exceeding one year or
to both.

Search and seizure without warrant

51. Where an authorized officer in any of the circumstances


referred to in section 50 has reasonable cause to believe that by
reason of delay in obtaining a search warrant under that section
the investigation would be adversely affected or evidence of the
commission of an offence is likely to be tampered with, removed,
damaged or destroyed, the authorized officer may enter the site,
premises or conveyance and exercise in, upon and in respect of
the site, premises or conveyance all the powers referred to in
section 50 in as full and ample manner as if he were authorized
to do so by a warrant issued under that section.

List of seized space object, etc.

52. (1) Where any seizure is made under this Act, an authorized
officer making the seizure shall prepare a list of the space object,
launch facility, book, account, document, computerized data,
signboard, card, letter, pamphlet, leaflet, notice, facility, apparatus,
vehicle, equipment, device, thing or matter seized and shall sign
the list.
34 Laws of Malaysia Act 834

(2) The list prepared in accordance with subsection (1) shall


be delivered immediately to the owner or person in control or
in charge of the site, premises or conveyance which has been
searched, or to such owner’s or person’s agent or employee, at
that site, premises or conveyance.

Cost of holding seized space object, etc.

53. Where any space object, launch facility, book, account,


document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter seized under this Act is held in the custody of
the Government pending completion of any proceedings in respect
of an offence under this Act, the cost of holding it in custody
shall, in the event of any person being convicted of such offence,
be a debt due to the Government by such person and shall be
recoverable accordingly.

Release of seized space object, etc.

54. (1) Where any space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter has been seized under this Act, any authorized
officer, may at any time, after referring to the Space Regulator,
release the space object, launch facility, book, account, document,
computerized data, signboard, card, letter, pamphlet, leaflet, notice,
facility, apparatus, vehicle, equipment, device, thing or matter to
the person as he determines to be lawfully entitled to the space
object, launch facility, book, account, document, computerized
data, signboard, card, letter, pamphlet, leaflet, notice, facility,
apparatus, vehicle, equipment, device, thing or matter if he is
satisfied that the space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter is not liable to forfeiture under this Act and is
not otherwise required for the purposes of any proceedings under
this Act, or for the purposes of any prosecution under any other
law, and in such event neither the authorized officer effecting
the seizure, nor the Government or any person acting on behalf
Malaysian Space Board 35

of the Government, shall be liable to any proceedings by any


person if the seizure and the release of the space object, launch
facility, book, account, document, computerized data, signboard,
card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle,
equipment, device, thing or matter had been effected in good
faith.

(2) A record in writing shall be made by the authorized officer


effecting the release of the space object, launch facility, book,
account, document, computerized data, signboard, card, letter,
pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment,
device, thing or matter under subsection (1) specifying in detail
the circumstances of and the reason for the release, and he shall
send a copy of the record to the Space Regulator as soon as
practicable.

Forfeiture of seized space object, etc.

55. (1) Any space object, launch facility, book, account, document,
computerized data, signboard, card, letter, pamphlet, leaflet, notice,
facility, apparatus, vehicle, equipment, device, thing or matter
seized in exercise of any power conferred under this Act shall
be liable to forfeiture.

(2) An order for the forfeiture of any space object, launch


facility, book, account, document, computerized data, signboard,
card, letter, pamphlet, leaflet, notice, facility, apparatus, vehicle,
equipment, device, thing or matter shall be made if it is proved
to the satisfaction of the court that an offence under this Act has
been committed and that the space object, launch facility, book,
account, document, computerized data, signboard, card, letter,
pamphlet, leaflet, notice, facility, apparatus, vehicle, equipment,
device, thing or matter was the subject matter of or was used in
the commission of the offence, even though no person has been
convicted of such offence.

(3) Where there is no prosecution with regard to any space


object, launch facility, book, account, document, computerized
data, signboard, card, letter, pamphlet, leaflet, notice, facility,
apparatus, vehicle, equipment, device, thing or matter seized
under this Act, such space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
36 Laws of Malaysia Act 834

thing or matter shall be taken and deemed to be forfeited at


the expiration of a period of one calendar month from the date
of service of a notice to the last known address of the person
from whom the space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter was seized indicating that there is no prosecution
in respect of such space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter unless before the expiration of that period
a claim thereto is made in the manner set out in subsections (4),
(5), (6) and (7).

(4) Any person asserting that he is the owner of the space


object, launch facility, book, account, document, computerized
data, signboard, card, letter, pamphlet, leaflet, notice, facility,
apparatus, vehicle, equipment, device, thing or matter referred
to in subsection (3) and that it is not liable to forfeiture may
personally or by his agent authorized in writing, give written
notice to the authorized officer in whose possession such space
object, launch facility, book, account, document, computerized
data, signboard, card, letter, pamphlet, leaflet, notice, facility,
apparatus, vehicle, equipment, device, thing or matter is held
that he claims the space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter.

(5) On receipt of the notice referred to in subsection (4), the


authorized officer shall refer the claim to a Magistrate for his
decision.

(6) The Magistrate to whom a matter is referred under subsection (5)


shall issue a summons requiring the person asserting that he is
the owner of the space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter and the person from whom it was seized to
appear before him, and when they appear or they fail to appear,
due service of the summons having been proved, the Magistrate
shall proceed to the examination of the matter.
Malaysian Space Board 37

(7) If it is proved that an offence under this Act or any


regulations made under this Act has been committed and that
the space object, launch facility, book, account, document,
computerized data, signboard, card, letter, pamphlet, leaflet,
notice, facility, apparatus, vehicle, equipment, device, thing or
matter referred to in subsection (6) was the subject matter of or
was used in the commission of such offence, the Magistrate shall
order the space object, launch facility, book, account, document,
computerized data, signboard, card, letter, pamphlet, leaflet,
notice, facility, apparatus, vehicle, equipment, device, thing or
matter to be forfeited, and shall, in the absence of such proof,
order its release.

(8) Any space object, launch facility, book, account, document,


computerized data, signboard, card, letter, pamphlet, leaflet,
notice, facility, apparatus, vehicle, equipment, device, thing or
matter forfeited or deemed to be forfeited shall be delivered to
the Space Regulator and shall be disposed of in such manner as
the Space Regulator thinks fit.

Property in forfeited space object, etc.

56. Any space object, launch facility, book, account, document,


computerized data, signboard, card, letter, pamphlet, leaflet,
notice, facility, apparatus, vehicle, equipment, device, thing or
matter forfeited or deemed to be forfeited under this Act shall
be the property of the Government.

Access to computerized data

57. (1) Any authorized officer conducting a search under this


Act shall be given access to computerized data whether stored
in a computer or otherwise.

(2) For the purposes of this section, an authorized officer


shall be provided with the necessary password, encryption code,
decryption code, software or hardware and any other means
required to enable comprehension of the computerized data.
38 Laws of Malaysia Act 834

No cost or damage arising from seizure to be recoverable

58. No person shall, in any proceedings before any court


in respect of any space object, launch facility, book, account,
document, computerized data, signboard, card, letter, pamphlet,
leaflet, notice, facility, apparatus, vehicle, equipment, device,
thing or matter seized in the exercise or the purported exercise
of any power conferred under this Act, be entitled to the costs of
such proceedings or to any damages or other relief unless such
seizure was made without reasonable cause.

Power to require attendance of persons acquainted with case

59. (1) An authorized officer making an investigation under this


Part may, by order in writing, required the attendance before
himself of any person who appears to him to be acquainted with
the facts and circumstances of the case, and such person shall
attend as so required.

(2) If any such person refuses or fails to attend as required


by an order made under subsection (1), the authorized officer
may report his refusal or failure to a Magistrate who shall issue
a warrant to secure the attendance of such person as may be
required by the order.

Examination of persons acquainted with case

60. (1) An authorized officer making an investigation under this


Act may examine orally any person supposed to be acquainted
with the facts and circumstances of the case.

(2) Such person shall be bound to answer all questions relating
to the case put to him by the authorized officer, but he may refuse
to answer any question the answer which would have a tendency
to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be
legally bound to state the truth, whether or not such statement
is made wholly or partly in answer to questions.
Malaysian Space Board 39

(4) The authorized officer examining a person under subsection (1)


shall first inform that person of the provision of subsections (2)
and (3).

(5) A statement made by any person under this section shall,


whenever possible, be reduced into writing and signed by the
person making it or affixed with his thumb print, as the case
may be—

(a) after it has been read to him in the language in which


he made it; and

(b) after he has been given an opportunity to make any


correction he may wish.

Admissibility of statement in evidence

61. (1) Except as provided in this section, no statement made by


any person to an authorized officer in the course of an investigation
made under this Act shall be used in evidence.

(2) When any witness is called for the prosecution or for the
defence, other than the accused, the court shall, on the request of
the accused or the prosecutor, refer to any statement made by that
witness to an authorized officer in the course of an investigation
under this Act and may then, if the court thinks fit in the interest
of justice, direct the accused to be furnished with a copy of it and
the statement may be used to impeach the credit of the witness
in the manner provided by the Evidence Act 1950 [Act 56].

(3) Where the accused had made a statement during the course
of an investigation, such statement may be admitted in evidence
in support of his defence during the course of the trial.

(4) Nothing in this section shall be deemed to apply to any
statement made in the course of an identification parade or
falling within section 27 or paragraphs 32(1)(a), (i) and (j) of
the Evidence Act 1950.
40 Laws of Malaysia Act 834

(5) When any person is charged with any offence in relation


to the making or the contents of any statement made by him
to an authorized officer in the course of an investigation made
under this Act, that statement may be used as evidence in the
prosecution’s case.

Additional powers

62. (1) An authorized officer shall, for the purposes of the


execution of this Act, have the power to do all or any of the
following:

to require the production of any computer, book, record,


(a)
computerized data, document or other article and to
inspect, examine and make copy of any of them;

to require the production of any identification document


(b)
from any person in relation to any act or offence under
this Act; and

to make such inquiries as may be necessary to ascertain


(c)
whether the provisions of this Act have been complied
with.

(2) Any person who fails to comply with a request made under
subsection (1) commits an offence and shall, on conviction,
be liable to a fine not exceeding fifty thousand ringgit or to
imprisonment for a term not exceeding one year or to both.

Obstruction

63. Any person who assaults, impedes, obstructs or interferes


with, or refuses access to any site, premises, conveyance or
computerized data to, the Space Regulator, authorized officer,
Launch Safety Officer or investigator in the performance of his
duties under this Act or any regulations made under this Act
commits an offence and shall, on conviction, be liable to a fine
not exceeding fifty thousand ringgit or to imprisonment for
a term not exceeding one year or to both.
Malaysian Space Board 41

Part X
GENERAL

Protection against suits and legal proceedings

64. No action, suit, prosecution or other proceeding shall be


brought, instituted or maintained in any court against—

a member of the Board, a member of a committee, the


(a)
Space Regulator, an authorized officer, the Launch Safety
Officer and an investigator for or on account of or
in respect of any act ordered or done for the purpose
of carrying into effect of this Act; and

any other person for or an account of or in respect of


(b)
any act done or purported to be done by him under
the order, direction or instruction of a member of the
Board, a member of a committee, the Space Regulator,
an authorized officer, the Launch Safety Officer and an
investigator or any officer duly authorized under this Act,

if the act was done in good faith and in a reasonable belief that
it was necessary for the purposes intended to be served by it.

Prosecution

65. No prosecution for or in relation to any offence under this


Act or any regulations made under this Act shall be instituted
except by or with the written consent of the Public Prosecutor.

Service of documents

66. (1) Service of documents on any person shall be effected—

by delivering the document to that person or by delivering


(a)
the document at the last-known place of residence of
that person to an adult member of his family;

by leaving the document at the usual or last-known


(b)
place of residence or business of that person in a cover
addressed to that person; or
42 Laws of Malaysia Act 834

by forwarding the document by registered post addressed to


(c)
that person at his usual or last-known place of residence
or business.

(2) A document required to be served on the owner or occupier


of any premises—

shall be deemed to be properly addressed if addressed


(a)
by the description of the “owner” or “occupier” of such
premises; and

may be served—
(b)

(i) by delivering the document to an adult person


on the premises; or

(ii) if there is no such person on the premises to whom


the document can with reasonable diligence be
delivered, by advertisement at least in one local
newspaper.

Attempts and abetments

67. Whoever attempts to commit any offence punishable under


this Act or any regulations made under this Act or abets the
commission of such offence, shall be punished with the punishment
provided for such offence.

Liability of director, etc., of body corporate

68. Where any person who commits an offence under this Act
or any regulations made under this Act is a body corporate,
a person who at the time of the commission of the offence was
a director, compliance officer, partner, manager, secretary or other
similar officer of the body corporate or was purporting to act in
the capacity or was in any manner or to any extent responsible
for the management of any of the affairs of the body corporate
or was assisting in its management—

may be charged severally or jointly in the same proceedings


(a)
with the body corporate; and
Malaysian Space Board 43

if the body corporate is found guilty of the offence, shall


(b)
be deemed to be guilty of that offence and shall be
liable to the same punishment or penalty as an individual
unless, having regard to the nature of his functions in
that capacity and to all circumstances, he proves—

(i) that the offence was committed without his


knowledge; and

(ii) that the offence was committed without his


consent or connivance and that he had taken all
reasonable precautions and exercised due diligence
to prevent the commission of the offence.

Liability of person for act, etc., of employee, etc.

69. Where any person would be liable to any punishment or


penalty under this Act or any regulations made under this Act
for any act, omission, neglect or default committed—

by that person’s employee in the course of his employment;


(a)

by that person’s agent when acting on behalf of that


(b)
person; or

by the employee of that person’s agent when acting in


(c)
the course of his employment by that person’s agent
or otherwise on behalf of that person’s agent acting on
behalf of that person,

that person shall be liable to the same punishment or penalty


for every such act, omission, neglect or default of that person’s
employee or agent, or of the employee of that person’s agent.

Compounding of offences

70. (1) The Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—

any offence under this Act and any regulations made


(a)
under this Act that may be compounded;
44 Laws of Malaysia Act 834

the criteria for compounding such offence; and


(b)

the method and procedure for compounding such offence.


(c)

(2) The Chairman may, with the consent in writing of the


Public Prosecutor, compound any offence committed by any
person under this Act and any regulations made under this Act
prescribed to be a compoundable offence by making a written
offer to the person suspected to have committed the offence
to compound the offence upon payment to the Chairman of an
amount of money not exceeding fifty per centum of the amount
of maximum fine for that offence within such time as may be
specified in his written offer.

(3) An offer under subsection (2) may be made at any time


after the offence has been committed but before any prosecution
for it has been instituted.

(4) Where the amount specified in the offer is not paid within
the time specified in the offer or such extended time as the
Chairman may grant, prosecution for the offence may be instituted
at any time after that against the person to whom the offer was
made.

(5) Where an offence has been compounded under subsection (2),


no prosecution shall be instituted in respect of the offence against
the person to whom the offer to compound was made, and any
thing seized in connection with the offence may be forfeited or
released by the Chairman, subject to such terms and conditions
as the Chairman thinks fit.

Exemption

71. The Minister may, by order in the Gazette, subject to such


conditions or restrictions as he may consider necessary or expedient
to impose, exempt any person or class of persons from any or
all of the provisions of this Act.

Regulations

72. (1) The Minister may make such regulations as may be


expedient or necessary for the better carrying out of the provisions
of this Act.
Malaysian Space Board 45

(2) Without prejudice to the generality of subsection (1),


regulations may be made for the following purposes:

to prescribe for the manner for application of licence,


(a)
launch permit and launch certificate;

to prescribe for the requirements for the granting of


(b)
licence, launch permit and launch certificate including
requirements relating to financial and technical resources;

to prescribe for fees payable under this Act;


(c)

to prescribe for the manner of application for renewal of


(d)
licence;

(e) to prescribe for the manner of registration of space object;

(f) to prescribe for the manner the liability for any damage
resulting from the launch of a space object is insured;

(g) to prescribe for the manner in which the investigation


into any accident or incident shall be conducted.

(3) Any regulations made under this Act may prescribe an act
or omission in contravention of the regulations to be an offence
and may prescribe penalties—

where such person is an individual, to a fine not exceeding


(a)
five hundred thousand ringgit or to imprisonment for
a term not exceeding five years or to both; or

where such person is a body corporate, to a fine not


(b)
exceeding one million ringgit.

Transitional provisions

73. (1) Any person who, on the date of the coming into operation
of this Act, is undertaking an activity to which the requirement
for a licence under this Act applies shall, within six months
from the date of the coming into operation of this Act, apply for
a licence under this Act.

(2) Pending the determination of such application, such person


may continue to undertake the activity.
46 Laws of Malaysia Act 834

(3) Any citizen of Malaysia, permanent resident or body


corporate incorporated, established or registered in Malaysia,
whose space object has been launched into the earth orbit or
beyond from a launch facility in or outside Malaysia before the
coming into operation of this Act shall, within six months from
the coming into operation of this Act, register the space object
with the Space Regulator in accordance with this Act.

Hakcipta Pencetak H
PERCETAKAN NASIONAL MALAYSIA BERHAD
Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk
yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/
atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang
dilantik).

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

You might also like