Act 834
Act 834
LAWS OF MALAYSIA
Act 834
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Malaysian Space Board 3
LAWS OF MALAYSIA
Act 834
ARRANGEMENT OF SECTIONS
Part I
PRELIMINARY
Section
Part II
Part III
PROHIBITION
15. Prohibition
4 Laws of Malaysia Act 834
Part IV
LICENSING, ETC.
Section
Part V
LIABILITY
Section
Part VII
OTHER OFFENCES
Part VIII
Part IX
ENFORCEMENT
Part X
GENERAL
LAWS OF MALAYSIA
Act 834
[ ]
Part I
PRELIMINARY
Interpretation
“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;
(2) For the purposes of subsection (1), this Act shall apply if
the offences are committed against—
(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.
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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.
Part II
(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.
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7. (1) The Deputy Chairman shall act as the Chairman for the
period when—
(b) the Chairman is, for any reason, unable to carry out his
functions.
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.
(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.
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.
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.
(3) The Board may appoint any of its members or any other
person to be the chairman of the committee established under
subsection (1).
(7) The committee may invite any person to attend any meeting
of the committee to advise the committee on any matter under
discussion.
(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.
(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—
(d) conduct any activity which affects the security and safety
of any other activity lawfully carried out in space; or
Part IV
LICENSING, ETC.
Licence requirement
(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—
(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—
(2) Any person who fails to comply with subsection (1) commits
an offence and shall, on conviction, be liable—
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.
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.
Grant of licence
(2) The Board may at any time vary or revoke the conditions
imposed on a licence, launch permit or launch certificate.
Renewal of licence
(2) The Board may, after considering the application for the
renewal of a licence made under subsection (1), approve or refuse
the application.
Surrender of 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.
(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
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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:
Appeal
(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
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
Part V
37. (1) Any owner whose space object has been registered under
section 36 shall notify the Space Regulator if—
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.
Part VI
LIABILITY
Absolute liability
Part VII
OTHER OFFENCES
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.
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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.
Part VIII
INCIDENT AND ACCIDENT
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.
Part IX
ENFORCEMENT
Authority card
Power of investigation
49. (1) An authorized officer shall have all the powers necessary
to carry out an investigation under this Act.
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.
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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
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) 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.
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Additional powers
(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
Part X
GENERAL
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
Service of documents
may be served—
(b)
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—
Compounding of offences
70. (1) The Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—
(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.
Exemption
Regulations
(f) to prescribe for the manner the liability for any damage
resulting from the launch of a space object is insured;
(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—
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.
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