Atomic Energy Act 1984 [Act 304]

Key information

Source

AGC — Act 304

Commencement

1 February 1985

Latest amendment

Act A1779: in force from 1 December 2025, except sections 10, 15, 17, 18, 33 and 53 (P.U. (B) 425/2025)

Enforcer

Department of Atomic Energy Malaysia

An Act to provide for the regulation and control over activities involving atomic energy, for adequate protection for the public and the environment from the harmful effects of activities involving atomic energy, the safety of activities involving atomic energy and security of radioactive material, nuclear material and facilities, the application of relevant measures for safeguards and liability for nuclear damage, and to provide for related matters.

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Part I — Preliminary

1. Short title and application

• (1)
  This Act may be cited as the Atomic Energy Act 1984.
• (2)
  This Act shall apply throughout Malaysia.

1A. This Act binds the Federal Government and State Governments

• (1)
  This Act shall bind the Federal Government and State Governments.
• (2)
  Nothing in this Act shall render the Federal Government and State Governments liable to prosecution for any offence under this Act.

1B. Extra-territorial application

The provisions of section 25H and Part VIIIA shall apply to an offence committed—

• (a)
  by any citizen of Malaysia or any permanent resident of Malaysia on board any ship or on any aircraft which is registered in Malaysia;
• (b)
  by any person against a citizen of Malaysia;
• (c)
  by any person against property belonging to, or operated or controlled by, in whole or in part, the Government of Malaysia and the Government of any State in Malaysia, including diplomatic or consular premises of Malaysia, any citizen of Malaysia, or any corporation created by or under the laws of Malaysia located outside Malaysia; or
• (d)
  by any person who after the commission of the offence is present in Malaysia,

as if the offence had been committed in Malaysia.

2. Interpretation

In this Act, unless the context otherwise requires—

“Advisory Council”

means the Atomic Energy Advisory Council established under section 2A;

“Agency”

means the International Atomic Energy Agency;

“appropriate authority”

means—

• (a)
  the Director General of Health where the activity to be licensed or licensed under this Act is in respect of a medical purpose; or
• (b)
  the Director General where the activity to be licensed or licensed under this Act is in respect of a purpose other than a medical purpose;

“atomic energy”

means all energy of whatever type derived from or created by the transmutation of atoms;

“authorized officer”

means any public officer authorized in writing generally or specially by the appropriate authority to exercise powers under this Act and includes the Director General of Health where he is the appropriate authority;

“conveyance”

includes a ship, train, vehicle, an aircraft, and any other means of transport by which persons or goods may be carried;

“dealing”

in relation to any radioactive material, nuclear material or radiation generator means—

• (a)
  any activity involving the manufacturing, trading, producing, processing, purchasing, owning, possessing, using, transporting, transferring, handling, testing, maintaining, certifying, selling, storing, accumulating or disposal of such radioactive material, nuclear material or radiation generator; or
• (b)
  siting, constructing, commissioning, operating or decommissioning facilities;

“decommissioning”

means all steps leading to the release of facilities other than repository, from regulation and these steps include the process of decontaminating and dismantling facilities;

“Director General”

means the Director General of the Department of Atomic Energy;

“environment”

shall have the meaning assigned to that expression in section 2 of the Environmental Quality Act 1974 [Act 127] and, in addition thereto, shall include the marine environment;

“facilities”

in relation to any radioactive material, nuclear material or radiation generator include—

• (a)
  nuclear installations;
• (b)
  irradiation installations;
• (c)
  facilities where radioactive material is processed;
• (d)
  radioactive waste management facilities;
• (e)
  spent fuel management facilities; or
• (f)
  radioactive waste disposal facilities;

“installation operator”

means a person licensed under this Act by the Director General as the operator of a nuclear installation;

“ionizing radiation”

means electromagnetic radiation or corpuscular radiation capable of producing ionization in its passage through matter;

“licensee”

means the holder of a licence issued under this Act;

“Minister”

means the Minister charged with the responsibility for science and technology;

“nuclear damage”

means any loss of life, injury to the person, loss of, loss of use of, or damage to, property, or loss in, loss of use of, or damage to, the environment, which arises out of or results from—

• (a)
  radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste in, or of nuclear material coming from, originating in, or sent to, a nuclear installation; or
• (b)
  ionizing radiation emitted by any other source of radiation inside a nuclear installation;

“nuclear fuel”

means any material which is capable of producing energy by a self-sustaining chain process of nuclear fission, either alone or in combination with some other material, and includes fissionable material in the form of uranium metal, alloy or chemical compound, and such other material as may be prescribed to be nuclear fuel for the purposes of this Act;

“nuclear incident”

means any occurrence or a series of occurrences, having the same origin, which causes or cause nuclear damage;

“nuclear installation”

means—

• (a)
  any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose;
• (b)
  any factory using nuclear fuel for the production of nuclear material;
• (c)
  any factory using nuclear material for the production of nuclear fuel or any factory designed or adapted for the processing of nuclear material, including the reprocessing of irradiated nuclear fuel; or
• (d)
  any physical space where nuclear material is placed or stored other than storage incidental to the carriage of such material:

Provided that the Director General may determine that several nuclear installations of one installation operator which are located at the same site shall be considered as a single nuclear installation;

“nuclear material”

means the material as specified in the Schedule;

“nuclear medicine physician”

means a medical practitioner who is registered as a Specialist in nuclear medicine under the Medical Act 1971;

“nuclear reactor”

means any structure containing nuclear fuel in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons;

“nuclear related item”

means any item relating to the use and development of nuclear technology as may be prescribed;

“nuclear related technology”

means information or data in any form, other than that is lawfully available, whether within Malaysia or outside Malaysia that is applicable primarily to the design, production, operation, testing or use of—

• (a)
  equipment or plant for—
  • (i)
    the enrichment of nuclear material;
  • (ii)
    the reprocessing of irradiated nuclear material; or
  • (iii)
    the production of heavy water; or
• (b)
  nuclear weapons or other explosive devices;

“nuclear weapon”

has the meaning assigned to it in the Strategic Trade Act 2010 [Act 708];

“oncologist”

means a medical practitioner who is registered as a Specialist in clinical oncology or radiation oncology under the Medical Act 1971 [Act 50];

“prescribed”

means prescribed by the Minister in regulations;

“radiation generator”

means an electrical device capable of generating ionizing radiation;

“radioactive material”

means any nuclear fuel, radioactive product, radioactive waste or any radionuclides as may be prescribed;

“radioactive waste”

means any waste which consists wholly or partly of—

• (a)
  a substance or article which if it were not waste would be radioactive material; or
• (b)
  a substance or article which has been contaminated in the course of the production, storage or use of any radioactive material or nuclear material or by contact with or proximity to any other waste within the meaning of paragraph (a) of this definition;

“radiologist”

means a medical practitioner who is registered as a Specialist in clinical radiology under the Medical Act 1971;

“registered veterinary surgeon”, “registered dental practitioner” and “registered medical practitioner”

mean respectively a veterinary surgeon, a dental practitioner and a medical practitioner, each registered as such in accordance with the provisions of the written laws relating to the registration of such persons;

“regulations”

means regulations made under this Act;

“spent fuel”

means nuclear fuel which has been irradiated in and removed from a reactor once the nuclear fuel ceases to be useable as nuclear fuel;

“this Act”

includes regulations and other subsidiary legislation made under this Act and anything else done under this Act or under such regulations or other subsidiary legislation.

Part IIA — Atomic energy advisory council

2A. Establishment of Advisory Council

• (1)
  An advisory council by the name of “Atomic Energy Advisory Council” is established.
• (2)
  The Advisory Council shall consist of the following members:
  • (a)
    a Chairman who shall be appointed by the Minister;
  • (b)
    the Secretary General of the Ministry charged with the responsibility for science and technology or his representative;
  • (c)
    the Secretary General of the Ministry charged with the responsibility for health or his representatives;
  • (d)
    the Director General;
  • (e)
    the Director General of Health; and
  • (f)
    three other persons appointed by the Minister who have experience and capacity in scientific or technical fields relevant to atomic energy.
• (3)
  The Chairman and members of the Advisory Council referred to in paragraphs (2)(a) and (f), unless he sooner resigns, vacates his office or his appointment is sooner revoked, shall hold office for a term of three years and may be eligible for reappointment.
• (4)
  The Minister shall appoint a public officer from the Ministry charged with the responsibility for science and technology to be the secretary of the Advisory Council.
• (5)
  The appointment of the Chairman and members of the Advisory Council referred to in paragraphs (2)(a) and (f) may be revoked at any time for such reasons as the Minister deems fit.

2B. Functions of Advisory Council

The Advisory Council shall have the following functions:

• (a)
  to advise the Minister on policy and strategic matters of this Act;
• (b)
  where there is doubt as to whether an activity to be licensed is for a medical purpose or a purpose other than a medical purpose, to identify whether the activity is to be licensed for medical purpose or a purpose other than a medical purpose under this Act; and
• (c)
  to advise the Minister on any matter as referred by the Minister relating to this Act.

2C. Meetings of Advisory Council

• (1)
  The Advisory Council shall convene its meeting as often as the Chairman may determine and the meeting shall be held at the time and place as determined by the Chairman.
• (2)
  The Chairman shall preside at all meetings of the Advisory Council.
• (3)
  If the Chairman is absent from any meeting of the Advisory Council, the Chairman may appoint any member of the Advisory Council to replace him as the chairman of the meeting.
• (4)
  The quorum of the Advisory Council shall be five.
• (5)
  All matters raised at the meeting of Advisory Council shall be decided by a majority of the votes by members of the Advisory Council present at the meeting.
• (6)
  Notwithstanding subsection (5), the Chairman or the temporary Chairman shall not vote on any matter before the Advisory Council unless the votes are equal.
• (7)
  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 Advisory Council.
• (8)
  The Advisory Council may determine its own procedures.

2D. Allowances

The Chairman and members of the Advisory Council may be paid such allowances and other expenses as the Minister may determine with the concurrence of the Minister of Finance.

Part III — Control and licensing

12. Licence

• (1)
  Without prejudice to the requirements of any other law, no person shall deal with radioactive material, nuclear material, radiation generator or facilities unless he is the holder of a valid licence issued under subsection 16(5) by the appropriate authority for such purpose as specified in the licence.
• (2)
  Subsection (1) shall not apply in respect of—
  • (a)
    any radioactive material, nuclear material or radiation generator carried as part of the stores or equipment of any ship or aircraft; and in the event of doubt whether such radioactive material, nuclear material or radiation generator is so carried, a certificate issued by the Director General stating that such radioactive material, nuclear material or radiation generator is or is not part of such stores or equipment shall be final and conclusive; or
  • (b)
    any person acting lawfully under the supervision or instruction of a person in possession of a valid licence issued under this Act.
• (3)
  A licence for dealing with any radioactive material, nuclear material or radiation generator for diagnostic or therapeutic purposes may be issued only to a registered medical practitioner, registered veterinary surgeon, registered dental practitioner, nuclear medicine physician, oncologist or radiologist.
• (4)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

13. Classification of licences

• (1)
  The Minister may make regulations under paragraph 68(2)(c) for the classification of licences issued under this Act.
• (2)
  No person shall use any radioactive material, nuclear material or radiation generator for any purpose other than that specified in the licence issued to him in respect of that radioactive material, nuclear material or radiation generator.

14. Exclusion of activity of prospecting or mining and requirement for reporting

• (1)
  For the avoidance of doubt, the expressions “producing” and “production” in this Act in relation to any radioactive material or nuclear material shall not include either of the activities of prospecting or mining for any radioactive material or nuclear material. These activities shall be governed by the relevant laws relating to mining.
• (2)
  Any person who, in carrying out either of the activities of prospecting or mining or both, encounters, discovers or comes into possession of any radioactive material or nuclear material shall immediately report such fact to the Director General in writing and shall comply with all directions that the Director General may give in the matter, being directions not inconsistent with the relevant laws relating to mining.

15. Licensing authority

• (1)
  Subject to this section, the licensing authority under this Act shall be the Director General.
• (2)
  The Director General shall grant a general licence to the Director General of Health to issue separate licences on behalf of the Director General to any person applying for a licence to undertake any of the activities referred to in the classification of licences under this Act where such activities are in respect of medical purposes.
• (3)
  The Director General of Health shall process the application in the same manner as is provided under this Act for the processing of a licence issued by the Director General and any reference hereinafter to the expression “licence” shall, unless the context otherwise requires, mean a licence issued by the appropriate authority, being the Director General of Health or the Director General, as the case may be.

16. Application for licence

• (1)
  An applicant for a licence under this Act shall first make an application in that behalf to the Director General.
• (2)
  Upon such application being made, the Director General shall determine if the activity to be licensed is in respect of a medical purpose or a purpose other than a medical purpose.
• (3)
  If the Director General determines that the activity to be licensed is in respect of a medical purpose, the Director General shall refer the application to the Director General of Health for the Director General of Health to consider the application.
• (4)
  If the Director General determines that the activity to be licensed is in respect of a purpose other than a medical purpose, the Director General shall proceed to deal with the application.
• (4A)
  Where there is doubt as to whether an activity to be licensed is for a medical purpose or a purpose other than a medical purpose, the matter shall be referred to the Advisory Council for the purpose of identifying whether the activity is to be licensed for a medical purpose or a purpose other than a medical purpose under this Act and the Director General shall act in accordance with the findings of the Advisory Council.
• (5)
  The appropriate authority may thereafter issue to the applicant a licence in the prescribed form upon payment of the prescribed fee or may, if it thinks fit, refuse to issue such licence.
• (6)
  Every licence issued under this Act shall, unless sooner cancelled or suspended, continue to be in force for such period of not less than one year and not exceeding forty years as the appropriate authority may in each case determine.

17. Conditions in licences

• (1)
  Licences issued under this Act shall be subject to such conditions as may, be imposed by the appropriate authority which may in respect of the conditions imposed by it, add to, vary or revoke such conditions at any time.
• (2)
  Without prejudice to subsection (1), a licence referred to in the classification of the licences may be restricted to radioactive materials or nuclear materials of a specified kind or kinds, or may be restricted to specified diagnostic or therapeutic purposes, which are limited in their type and nature; and a licence issued in respect of a radiation generator may be restricted to a specified kind or kinds of such radiation generator, or may be restricted to specified diagnostic or therapeutic purposes, which are limited in their type and nature.

17A. Conditions in permit

• (1)
  Any permit issued under this Act shall be subject to any condition as may be imposed by the Director General.
• (2)
  The Director General may at any time, add to, vary or revoke the conditions imposed on the permit issued under subsection (1).

18. Security for licences

• (1)
  The appropriate authority may require that before any licence is issued under this Act, such security as it may specify shall be furnished for the due observance of the conditions of the licence.
• (2)
  Without prejudice to the other provisions of this Act, where there is any breach of any of the conditions of the licence, such security or part thereof as the appropriate authority may determine shall be forfeited to the Government of Malaysia.

18A. Transfer of licence and permit

• (1)
  A licence or permit issued under this Act shall not be transferred to any other person.
• (2)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

18B. Application of Strategic Trade Act 2010

Notwithstanding section 12A, the Strategic Trade Act 2010 shall apply to the export, transhipment or transit of radioactive material or nuclear material which are prescribed as the strategic items under the Strategic Trade Act 2010.

19. Registers

• (1)
  The appropriate authority shall keep and maintain such registers as may be prescribed for the purposes of this Act.
• (2)
  The contents of every such register may be proved in any proceeding without production of the register by a certificate under the hand of the appropriate authority and every such certificate shall be prima facie proof of the matters stated therein.

20. Returns of possession and control

• (1)
  Every licensee who has in his possession or under his control any radioactive material, nuclear material or radiation generator shall make a return of possession or control of such radioactive material, nuclear material or radiation generator to the appropriate authority as may be prescribed.
• (2)
  Every such return shall specify the quantity and the type of radioactive material, nuclear material or radiation generator in the possession of or under the control of the licensee together with such other particulars as the appropriate authority may from time to time require.
• (3)
  Any licensee who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

21. Sale

• (1)
  Every licensee who sells radioactive material, nuclear material or radiation generator shall submit a return of sale in the prescribed form.
• (2)
  Where the radioactive material, nuclear material or radiation generator is sold in respect of a medical purpose, the Director General shall forward a copy of the return to the Director General of Health.
• (3)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

21A. Nuclear or radiological emergency preparedness and response plan

• (1)
  Every licensee shall prepare and submit an appropriate nuclear or radiological emergency preparedness and response plan for the approval of the appropriate authority in the manner as may be prescribed.
• (2)
  Any licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

Part IV — Cancellation, suspension and renewal of licences and permits

22. Cancellation or suspension of licence or permit

• (1)
  The appropriate authority may, at any time, by notice in writing, cancel or suspend a licence or permit if—
  • (a)
    the licensee or permit holder has failed to comply with any provision of this Act;
  • (b)
    the licensee or permit holder has failed to comply any conditions of the licence or permit;
  • (c)
    the activity for which the licence or permit that was granted is no longer carried out by the licensee or permit holder;
  • (d)
    the licensee or permit 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
  • (e)
    the cancellation or suspension is in the interest of the public, national security or international relations.
• (2)
  Where a licence or permit has been cancelled or suspended, the appropriate authority may at the time of such cancellation or suspension, or from time to time thereafter during the remainder of the period for which if it were not for the cancellation or suspension the licence or permit would have been valid, give the licensee or permit holder such directions as it may deem necessary in the public interest and the licensee or permit holder shall comply with all such directions.
• (3)
  The licensee or permit holder shall not have any claim whatsoever or be entitled to compensation for any loss caused to him by the cancellation or suspension of a licence or permit issued under this Act or by the refusal to renew such licence or permit.

23. Renewal of licence

• (1)
  A licence issued under this Act may from time to time be renewed.
• (2)
  An application to renew a licence shall be made to the appropriate authority in such manner as may be prescribed.
• (3)
  The appropriate authority may on such application renew the licence or may, if it thinks it fit so to do, refuse to renew the licence.

24. Licensee to obtain prior approval of appropriate authority for change of address

Every licensee shall obtain the prior approval of the appropriate authority in respect of any change of address of the premises specified in the licence.

Part V — Health and safety

25. Protection of workers and other persons

• (1)
  Every licensee shall comply with all requirements as may be prescribed for the protection of the health and safety of workers and other persons from ionizing radiation.
• (2)
  If the appropriate authority has reasonable cause to believe that any worker has been or is likely to be exposed to ionizing radiation, the appropriate authority may require the licensee—
  • (a)
    to provide and require such worker to wear approved personnel-monitoring devices;
  • (b)
    to keep records of dose and type of ionizing radiation to which such worker has been or is likely to be exposed;
  • (c)
    to install or use monitoring devices in work places to record the amount of ionizing radiation present and to keep records thereof; and
  • (d)
    to provide medical examination for such worker by an approved registered medical practitioner at such intervals as the appropriate authority may determine.
• (3)
  The appropriate authority may in its discretion require the licensee to provide at such intervals as it may determine medical examination by an approved registered medical practitioner for all or any of the workers of the licensee who are exposed or are likely to be exposed to ionizing radiation.
• (4)
  Any registered medical practitioner performing a medical examination under paragraph (2)(d) or subsection (3) shall inform the appropriate authority in the prescribed form of every worker whose health is or is reasonably suspected to be affected by ionizing radiation.
• (5)
  For the purposes of this section, “worker” includes any person working under the instruction of the licensee, whether or not employed by the licensee, in the handling or use of, or who will come into contact with, any radioactive material, nuclear material or radiation generator.
• (5A)
  The appropriate authority may require a worker to possess qualifications and sit for a test as may be prescribed.
• (6)
  The Minister may prescribe the basic safety standards for the protection of workers and all other persons against ionizing radiation.
• (7)
  Where the appropriate authority finds any irregularity in ionizing radiation, the appropriate authority may issue any directive in writing to the licensee to take corrective action.
• (8)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

Part VA — Security

25A. Responsibility of licensee to ensure security

The licensee shall implement the measures as may be prescribed to ensure security of radioactive material, nuclear material and facilities.

25B. Notification of discovery of radioactive material or nuclear material

Any person who has knowledge and reason to believe that he discovers an item which is a radioactive material or nuclear material shall notify the Director General either orally or in writing within twenty-four hours from the time he discovers the item.

Part VB — Safeguards

25C. Responsibilities for safeguards

The licensee shall establish and maintain a system of accounting and control in the manner as may be prescribed for the nuclear material in his possession.

25D. Safeguards inspection

• (1)
  Upon being notified of the designation of inspectors to Malaysia by the Agency, the Director General may take necessary action to facilitate the safeguards inspection by the inspectors, including by issuing a certificate to the inspectors as an international inspectors for the purposes of this Act.
• (2)
  The international inspectors referred to in subsection (1) may carry out safeguards inspection in the manner as may be prescribed.
• (3)
  Any person shall comply with the requirements of safeguards inspection as may be prescribed.

25E. Information on nuclear related items or nuclear related technology

• (1)
  Any person who intends to carry out an activity relating to a nuclear related item or nuclear related technology, shall provide the Director General with the information as may be prescribed before the commencement of the activity regardless of whether the activity involves nuclear material or not.
• (2)
  Any person who refuses or fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

25F. Information on research and development activity related to nuclear fuel cycle

• (1)
  Any person who intends to carry out any research and development activity related to nuclear fuel cycle shall provide the Director General with information as may be prescribed prior to the commencement of the activity, regardless of whether the activity involves nuclear material or not.
• (2)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.
• (3)
  In this section,

  “research and development activity related to nuclear fuel cycle”

  means an activity other than an activity relating to theoretical or basic scientific research or research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance, which is specifically related to any of the following process or system development:

  • (a)
    conversion of nuclear material;
  • (b)
    enrichment of nuclear material;
  • (c)
    nuclear fuel fabrication;
  • (d)
    reactor;
  • (e)
    critical facility;
  • (f)
    reprocessing facility; and
  • (g)
    processing of intermediate or high level of waste containing plutonium, high enriched uranium or uranium-233 but not including repackaging or conditioning process not involving the separation of elements for storage or disposal.

25G. Power of Director General to request information

• (1)
  The Director General may request information from any person if the Director General has reasonable cause to believe that the information is related to the compliance of Additional Protocol.
• (2)
  For the purposes of subsection (1), the Director General may issue a notice to any person requiring him to give information, in such form and within a period or at the time as specified in the notice.
• (3)
  Any person who, without any reasonable justification, refuses or fails to comply with a notice issued under subsection (2) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.
• (4)
  In this section,

  “Additional Protocol”

  means the Protocol Additional to the Agreement between the Government of Malaysia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

25H. Prohibition of nuclear weapons

• (1)
  No one shall—
  • (a)
    develop, test, produce, manufacture, otherwise acquire, possess or stockpile nuclear weapons or other nuclear explosive devices;
  • (b)
    transfer to any recipient nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly or indirectly;
  • (c)
    receive the transfer of or control over nuclear weapons or other nuclear explosive devices directly or indirectly;
  • (d)
    use or threaten to use nuclear weapons or other nuclear explosive devices;
  • (e)
    station, install or arrange the position for the deployment of any nuclear weapons or other nuclear explosive devices;
  • (f)
    assist, encourage or induce, in any way, anyone to engage in any activity as referred to in paragraphs (a) to (e); and
  • (g)
    seek or receive any assistance, in any way, from anyone to engage in any activity as referred to in paragraphs (a) to (e).
• (2)
  Any person who contravenes subsection (1) shall, on conviction, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a fine of not less than thirty million ringgit.

Part VI — Decommissioning and management of radioactive waste and spent fuel

26A. Decommissioning plan

• (1)
  The licensee shall submit a decommissioning plan for the approval of the Director General before the construction of facilities.
• (2)
  The Director General may approve the decommissioning plan if he is satisfied that the decommissioning plan fulfils the criteria as may be prescribed.
• (3)
  The licensee shall review and update the decommissioning plan at intervals as may be determined by the Director General.

26B. Responsibility of licensee in decommissioning

• (1)
  The licensee shall be responsible for implementing all the decommissioning activities in the manner as specified in the decommissioning plan.
• (2)
  The licensee shall be responsible for matters relating to the decommissioning process including the management of radioactive waste arising out of the decommissioning process.

26C. Financial security of decommissioning

Any person who applies for a licence to construct and operate facilities shall ensure that adequate amount of financial security is available to cover the costs in relation to the decommissioning of the facilities.

26D. Radioactive waste management and spent fuel management

Any licensee, during his activity generates or stores radioactive waste or spent fuel shall take all the necessary measures to ensure that people and the environment are protected against radiological hazards and other hazards at all stages of radioactive waste management or spent fuel management.

27A. Disposal, recycle or reuse

• (1)
  No person shall dispose, or cause to be disposed radioactive waste, recycle or reuse any radioactive material, nuclear material or spent fuel unless he is a licensee.
• (2)
  Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.

27B. Closure plan for radioactive waste disposal facility

• (1)
  The licensee of a radioactive waste disposal facility shall prepare a plan for the closure of the facility.
• (2)
  The licensee shall obtain approval of the Director General for the plan referred to in subsection (1) before commencing the operation of the facility.

28. Appropriate authority may direct licensee to mitigate and rectify situations where physical space not adequate

If it appears to the appropriate authority that adequate physical space are not available for the safe accumulation, storage or disposal of any radioactive waste, the appropriate authority may direct the licensee to mitigate and rectify the situation and the licensee shall comply with such direction and bear any additional mitigation and rectification cost.

28A. Prohibition of importing radioactive waste

• (1)
  No person shall import radioactive waste generated outside Malaysia.
• (2)
  Notwithstanding subsection (1), radioactive waste originating from Malaysia or radioactive waste of radioactive material exported or originating from Malaysia may be imported into Malaysia, with the approval of the Director General.

28B. Establishment of Radioactive Waste Fund

• (1)
  A fund to be known as the “Radioactive Waste Fund” is established and shall be administered and controlled by the Director General.
• (2)
  The Radioactive Waste Fund shall consist of—
  • (a)
    such sums of money as may be provided from time to time by the Government of Malaysia;
  • (b)
    all moneys paid to or received from the cess imposed or collected in accordance with section 28D; and
  • (c)
    all donations and contributions received from within or outside Malaysia.

28C. Application of Radioactive Waste Fund

The Radioactive Waste Fund shall be administered for the purposes of—

• (a)
  research in relation to radioactive waste management; and
• (b)
  conservation measures for the protection of the environment against any damage caused by any incident involving radioactive material, nuclear material or radioactive waste.

28D. Research cess

• (1)
  The Minister may, after consultation with the Minister of Finance, make an order published in the Gazette for the imposition and collection, or variation or cancellation of imposition of cess on any person engaged in the generation, production or storage of radioactive waste.
• (2)
  The cess collected under this section shall be paid into the Radioactive Waste Fund.

29. Appropriate authority may order licensee or other person to adopt measures to protect life, health and property

Where any situation or condition endangering life, health, property or the environment is found to exist in or on any premises, facilities, conveyance or site, the appropriate authority may direct the licensee or any other person, who in its opinion is responsible for such premises, facilities, conveyance or site, to adopt such measures as would eliminate or protect against such situation or condition.

31. Discretion to consult Director General of Environmental Quality

In the performance of its functions under this Part, the Director General may, if it thinks it fit so to do, consult the Director General of Environmental Quality appointed under subsection 3(1) of the Environmental Quality Act 1974 [Act 127] on any matter under this Part.

Part VII — Appeals

32. Appeal

Any person who is dissatisfied with any decision of the appropriate authority made under this Act may within thirty days after being notified of such decision appeal to an appeal board appointed by the Minister under section 32A in the manner as may be prescribed.

32A. Appeal board

• (1)
  The Minister shall appoint an appeal board for the purpose of considering any appeal made under section 32.
• (2)
  An appeal board shall consist of a Chairman and two other persons to be appointed by the Minister who, in his opinion have experience and knowledge of not less than ten years in the field of science, technology or engineering.

32B. Powers of appeal board

• (1)
  The appeal board may, after hearing an appeal, confirm, revoke or vary the decision made by the appropriate authority under this Act.
• (2)
  The appeal board shall as soon as possible decide and communicate its decision to the person making the appeal and the appropriate authority.

Part VIII — Inspection and enforcement

33. Search warrant

• (1)
  Whenever it appears to any Magistrate, upon written information on oath and after such inquiry as he deems necessary, that there is reasonable ground to believe that in or on any premises, site, facility or conveyance there is concealed, kept, deposited or stored any radioactive material, nuclear material or radiation generator in respect of which an offence has been committed under this Act, or any device, container, book, document or other thing directly or indirectly relating to or connected with any dealing in relation to any radioactive material, nuclear material or radiation generator which was, or any intended dealing of the same which would be, an offence under this Act, that Magistrate may issue a warrant authorizing any authorized officer or police officer not below the rank of Inspector—
  • (a)
    to enter the premises, site, facility or conveyance, to search, seize and seal for such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing;
  • (b)
    to arrest any person being in or on the premises, site, facility or conveyance in whose possession or under whose control such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing is found, or whom such authorized officer or police officer not below the rank of Inspector reasonably believes to have been dealing in such any activities in respect of such radioactive material, nuclear material or radiation generator, or to have been in possession or control of such device, container, book, document or other thing or to have brought, received, concealed, kept, deposited or stored such radioactive material, nuclear material, radiation generator, device, container, book, document or other thing;
• (2)
  Such officer may if it is necessary so to do, with or without assistance—
  • (a)
    break open any door or window or part of the premises, site, facilities or conveyance to have ingress thereinto;
  • (b)
    forcibly enter the premises, site, facilities or conveyance and every part of it;
  • (c)
    remove by force any obstruction to entry, search, seizure and removal as he is empowered to effect; and
  • (d)
    detain every person found in or on the premises, site, facilities or conveyance until the premises, site, facilities or conveyance has been searched.
• (3)
  If, by reason of its nature, size or amount, it is not practicable to remove, any radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator seized under this section, the authorized officer or police officer not below the rank of Inspector who effected the seizure shall, by any means, seal such radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator from the premises, site, facility or conveyance where it was found.
• (4)
  Where any authorized officer or a police officer not below the rank of Inspector has seized or sealed any radioactive material, nuclear material, radiation generator, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator under this Part, he shall prepare a list of all things seized or sealed in the course of a search made in or on any premises, site, facility and of the places in which they are respectively found and shall be signed by him.

34. Circumstances for search without warrant

• (1)
  Whenever it appears to any authorized officer or a police officer not below the rank of Inspector that there is reasonable ground to believe that in or on any premises, site, facilities or conveyance there is concealed, kept, deposited or stored, in contravention of this Act, any radioactive material, nuclear material, radiation generator, book or document as is described in subsection 33(1) and he has reasonable ground for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in, upon and in respect of the premises, site, facilities or conveyance all the powers mentioned in section 33 in as full and ample a manner as if he had been so empowered by warrant.
• (2)
  Any authorized officer or a police officer not below the rank of Inspector may stop and search, seize and seal if necessary, any conveyance which he has reasonable ground for believing to be used for the carriage of any radioactive material, nuclear material, radiation generator, or any other thing liable to forfeiture under this Act.

34A. Warrant admissible notwithstanding defect

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission in the search warrant or in the application for such warrant and any radioactive material, nuclear material, radiation generator, device, book, document or other thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.

34B. Authority card

• (1)
  There shall be issued to each authorized officer an authority card to be signed by the appropriate authority.
• (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).

35. Right of entry, etc.

• (1)
  Without prejudice to sections 33 and 34, any authorized officer or a police officer not below the rank of Inspector shall, for the purposes of this Act, have the right to—
  • (a)
    enter, inspect and search at all times any premises, site, facility or conveyance where activities are being carried out by the licensee or permit holder for the purpose of verifying compliance with the provisions of this Act, obtaining information about the status of safety and security of activities being conducted by the licensee or permit holder;
  • (aa)
    enter, inspect and search at all times any premises, site, facilities or conveyance in which such authorized officer or police officer not below the rank of Inspector has reasonable ground to believe that there is stored or kept any radioactive material, nuclear material or radiation generator or there is being conducted any activity in respect of which a licence is required under this Act, for the purpose of examining, testing or calibrating that material or radiation generator, as the case may be; or
  • (b)
    require the licensee or occupier of the premises, site or facilities or the person in charge of the conveyance to provide such information or documents in the possession or control of such licensee, occupier or person relating to any activity in respect of which a licence is required under this Act as the authorized officer or police officer not below the rank of Inspector may specify.
• (2)
  The appropriate authority shall have the authority to station an authorized officer at the premises, site, facilities or location where activity in relation to this Act is being conducted.

35A. Power of investigation

• (1)
  An authorized officer or a police officer not below the rank of Inspector shall have all the powers necessary to carry out an investigation of the commission of any offence under this Act.
• (2)
  In any case relating to the commission of an offence under this Act, any authorized officer or a police officer not below the rank of Inspector 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].

36. Taking of samples, etc.

Without prejudice to the other provisions of this Part, any authorized officer may, while in or on the premises, site, facilities or conveyance referred to in this Part—

• (a)
  take, without payment, such samples of any material or item which he believes to be radioactive material, nuclear material or radioactive waste as are necessary for the examination and testing thereof.

36A. Presumption

• (1)
  When any material is suspected of being radioactive material or nuclear material has been seized and such material is contained in a number of receptacles, it shall be sufficient to analyze samples of the material of an amount as may be determined by the Director General and if such analysis establishes that such samples are all of the same nature and description, it shall be presumed, until the contrary is proved, that the contents of all the receptacles were of the same nature and description as the samples so analyzed.
• (2)
  The procedures for taking and dealing with samples shall be as may be determined by the Director General.

37. Indemnity of Government of Malaysia, appropriate authority and authorized officer

The Government of Malaysia, the appropriate authority or any authorized officer acting under this Act shall not be liable to indemnify any person who has suffered any damage to or loss of property resulting from any entry, search or seizure under this Act unless the damage or loss shall have been caused by the wilful neglect or wilful default of the appropriate authority or authorized officer.

37A. Power to require attendance of person acquainted with case

• (1)
  An authorized officer or a police officer not below the rank of Inspector conducting an investigation under this Act may by order in writing require the attendance before himself of a person who appears to the authorized officer or police officer not below the rank of Inspector to be acquainted with the facts and circumstances of the case, and the person shall attend as so required.
• (2)
  If the person fails to attend as required, the authorized officer or police officer not below the rank of Inspector may report the failure to a Magistrate who shall issue a warrant to secure the attendance of the person.

37B. Examination of person acquainted with case

• (1)
  An authorized officer or a police officer not below the rank of Inspector conducting an investigation under this Act may examine orally a person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
• (2)
  The person examined under subsection (1) shall be bound to answer all questions relating to the case put to him by the authorized officer or police officer not below the rank of Inspector, 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 the questions.
• (4)
  The authorized officer or police officer not below the rank of Inspector, examining a person under subsection (1) shall first inform the person of the provisions 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 thumbprint, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and where the person examined refuses to sign or affix his thumbprint on the statement, an authorized officer or a police officer not below the rank of Inspector shall endorse thereon under his hand the fact of the refusal and the reason for it, if any, as stated by the person examined.

37C. Admissibility of statement in evidence

• (1)
  Except as provided in this section, no statement made by any person to an authorized officer or a police officer not below the rank of Inspector 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 or a police officer not below the rank of Inspector 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 the statement 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.
• (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 or a police officer not below the rank of Inspector in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

38. Forfeiture

• (1)
  Any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized in exercise of any power conferred under this Act shall be liable to forfeiture.
• (1A)
  An order for the forfeiture of any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
• (1B)
  Where there is no prosecution or conviction in respect of any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized in the exercise of any power conferred under this Act, such items shall be held for the period of twelve calendar months from the date of seizure and at the end of that period shall be deemed forfeited, unless a written claim thereto is received within such period.
• (1C)
  A person asserting that he is the owner of the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized under this Act and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste are not liable to forfeiture may personally or by his agent authorized in writing by him, give written notice to the authorized officer who made the seizure of his claim.
• (1D)
  On receipt of the written notice under subsection (1C), the authorized officer or a police officer not below the rank of Inspector shall without undue delay refer the matter to a court for decision.
• (1E)
  The court to which the matter is referred shall issue a summon requiring the person asserting that he is the owner of the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste and the person from whom they were seized to appear before the court, and upon their appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter.
• (1F)
  If it is proved that an offence under this Act has been committed and that radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste referred to in subsection (1E) were the subject matter of or were used in the commission of such offence, the court shall order the radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste to be forfeited, and shall, in the absence of such proof, order its release.
• (2)
  Anything ordered to be forfeited under this Act shall be disposed of in such manner as the appropriate authority may direct.

38A. Cost of holding, dismantling and disposing seized radioactive material, nuclear material, radiation generator or radioactive waste

Where any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized under this Act is held in the custody of the Government of Malaysia pending completion of any proceedings in respect of an offence under this Act, the cost of holding, dismantling and disposing of such radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Government of Malaysia by such person and shall be recoverable accordingly.

38B. No cost or damages arising from seizure to be recoverable

No person shall, in any proceeding before any court in respect of any radioactive material, nuclear material, radiation generator, radioactive waste, device, container, book, document, conveyance or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material, radiation generator or radioactive waste seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the cost of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

39. Obstruction of inspection, search or investigation an offence

Any person who—

• (a)
  refuses any authorized officer access to any premises, site, facilities or conveyance which he is entitled to have under this Act;
• (b)
  assaults, obstructs, blocks, interferes, impedes or delays any authorized officer in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred under this Act;
• (c)
  fails to comply with any lawful demand or order of any authorized officer in the execution of any duty imposed or power conferred under this Act;
• (d)
  refuses or neglects to give to any authorized officer any information which may reasonably be required and which he has in his power to give;
• (e)
  furnishes to any authorized officer as true, information which he knows or has reason to believe to be false;
• (f)
  conceals or attempts to conceal or fails to produce any radioactive material, nuclear material, radiation generator, radioactive waste, book or document in relation to which there is reasonable ground for suspecting the commission of an offence under this Act;
• (g)
  escapes or attempts to escape from lawful custody after having been arrested for an offence under this Act;
• (h)
  rescues or attempts to rescue or causes to be rescued any person who has been duly arrested or anything which has been duly seized under this Act;
• (i)
  before or after any seizure under this Act, breaks or destroys anything to prevent such seizure; or
• (j)
  without lawful authority, breaks, tampers with or damages the seals referred to in subsection 33(3) or removes any radioactive material, nuclear material, radiation generator, device, container, book, document or other thing directly or indirectly relating to or connected with activities involving radioactive material, nuclear material or radiation generator from the premises, site, facility or conveyance under seals or attempts to do so,

commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six years or to fine not exceeding twenty-five thousand ringgit or to both.

40. Offence

• (1)
  Any person who contravenes any of the provisions of this Act commits an offence under this Act.
• (2)
  Any person who commits an offence under this Act is, on conviction, where no penalty is expressly provided therefor, liable to imprisonment for a term not exceeding ten years or a fine not exceeding five hundred thousand ringgit or both.
• (3)
  Where an offence under this Act is committed by a body corporate, every person who at the time of the commission of the offence was a director or officer of that body corporate commits that offence:

  Provided that nothing in this subsection shall render any such person so liable if he proves that he exercised all due diligence and took all reasonable precautions to prevent the commission of such offence and that such offence was committed without his knowledge, consent and connivance.

• (4)
  Any person who would have been liable under this Act to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall be liable to the same penalty if such thing had been done or omitted by his partner, agent or servant, unless he proves that he exercised all due diligence and took all reasonable precautions to prevent the doing or omission of such thing and that such thing was done or omitted without his knowledge, consent and connivance.
• (5)
  Without prejudice to the provisions of Criminal Procedure Code, the prosecution of any offence committed under this Act may be conducted by the authorized officer in writing generally or specially so to do by the Public Prosecutor.
• (6)
  No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

41. Secrecy

Except for the purposes of this Act or of any proceedings under this Act, no person shall disclose any information obtained under this Act.

Part VIIIA — Offences relating to security

41A. Theft or robbery

• (1)
  Any person who commits theft of radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than five years but not exceeding twenty years or to a fine not exceeding ten million ringgit or to both.
• (2)
  Any person who commits robbery of radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding twenty million ringgit or to both.

41B. Criminal breach of trust

Any person who commits criminal breach of trust in relation to radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.

41C. Cheating

Whoever cheats and thereby dishonestly induces the person deceived, to obtain radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.

41D. Conducting activity with intention to cause death or injury

• (1)
  Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause death commits an offence and shall, on conviction, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes.
• (2)
  Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause serious injury to any person commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding twenty years and with whipping.
• (3)
  Any person who conducts any activity involving radioactive material or nuclear material with the intention to cause substantial damage to property or to the environment commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than five years but not exceeding thirty years or to a fine not exceeding thirty million ringgit or to both.

41E. Sabotage

• (1)
  Any person who commits an act of sabotage or threatens to commit an act of sabotage directed against facilities, radioactive material or nuclear material or an act deliberately interfering with the operation of facilities, with intention to cause or is likely to cause death or serious injury to any person or substantial damage to property or to the environment, by exposure to radiation or release of radioactive substances or otherwise or economic loss commits an offence and shall, on conviction—
  • (a)
    where death is the result of the act, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years and if not sentenced to death, shall also be punished with whipping of not less than twelve strokes; or
  • (b)
    in any other case, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to fine not exceeding thirty million ringgit or to both.
• (2)
  Any person who has in his possession any article that is capable of use, and which he intends for use, in carrying out an act of sabotage under this section, commits an offence and shall, on conviction, be liable to imprisonment for a term not less than seven years but not exceeding twenty years or to a fine not exceeding twenty million ringgit or to both.
• (3)
  In this section, “sabotage” means any deliberate act directed against a facility, radioactive material or nuclear material in use, storage or transport that could directly or indirectly endanger the health and safety of the worker, the public or the environment by exposure to radiation or release of radioactive substance.

41F. Demanding through coercion radioactive material or nuclear material by credible threat, use of force or other form of intimidation

Any person who commits an act constituting a demand for radioactive material or nuclear material by credible threat or use of force or by any other form of intimidation commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding ten million ringgit or to both.

41G. Threatening to cause death or serious injury to any person or property damage or economic loss

Any person who threatens to use or disperse a radioactive material or nuclear material to cause death or serious injury to any person or economic loss or property damage or the environment commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding thirty years.

41H. Threatening to compel person to do or refrain from doing any act

Any person who threatens to cause harm by using a radioactive material or nuclear material, to compel the Government of Malaysia, any other government, any international organization or any other person or group of persons to do or to refrain from doing any act commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than seven years but not exceeding thirty years or to a fine not exceeding thirty million ringgit or to both.

41I. Conspiracy

• (1)
  Any person who conspires with other person who is in Malaysia to do any act within and beyond Malaysia, being an act, which if done in Malaysia would have constituted an offence under this Act, shall be deemed to have criminally conspired to do that act in Malaysia and commits an offence and shall, on conviction, be punished with the punishment provided for such offence.
• (2)
  Any person who conspires with other person in any place within or beyond Malaysia to do any act in Malaysia that constitutes an offence under this Act, shall be deemed to have criminally conspired in Malaysia to do that act and commits an offence and shall, on conviction, be punished with punishment provided for such offence.

41J. Communication jeopardizing security

Any person who knowingly discloses information on the security of any facilities, radioactive material or nuclear material to another person who may carry out an activity or act that jeopardizes or affects the security of the facilities, radioactive material or nuclear material commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one million ringgit or to both.

Part IX — Liability for nuclear damage

42. Meaning of “installation operator” for purposes of Part

For the purposes of this Part,

“installation operator”

means—

• (a)
  a person licensed under this Act by the appropriate authority as the operator of a nuclear installation; or
• (b)
  a person who but for the cancellation or suspension of a licence issued under this Act would be the holder of such a licence.

43. Liability of installation operator

• (1)
  The installation operator shall be liable for nuclear damage upon proof that such damage has been caused by a nuclear incident
  • (a)
    in his nuclear installation; or
  • (b)
    involving nuclear material coming from or originating in his nuclear installation, and occurring—
    • (i)
      before liability with regard to the nuclear incident involving the nuclear material has been assumed, pursuant to the express terms of a contract in writing, by another installation operator; or
    • (ii)
      in the absence of such express terms, before another installation operator has taken charge of the nuclear material; or
  • (c)
    involving nuclear material sent to his nuclear installation, and occurring—
    • (i)
      after liability with regard to a nuclear incident involving the nuclear material has been assumed by him, pursuant to the express terms of a contract in writing, from another installation operator; or
    • (ii)
      in the absence of such express terms, after he has taken charge of the nuclear material:

  Provided that if nuclear damage is caused by a nuclear incident occurring in a nuclear installation and involving nuclear material stored therein incidental to the carriage of such material, paragraph (a) shall not apply where another installation operator or any other person is solely liable as provided in paragraph (b) or (c).

• (2)
  The installation operator shall be liable for such nuclear damage upon proof that the damage has been caused by a nuclear incident involving nuclear material in the course of carriage—
  • (a)
    to his nuclear installation from a place outside Malaysia from the time that the conveyance in which the nuclear material is carried enters Malaysia; or
  • (b)
    from his nuclear installation to a place outside Malaysia up to the time that the conveyance in which the nuclear material is carried leaves Malaysia.
• (3)
  Subsection (2) shall not apply where—
  • (a)
    there is any bilateral or multilateral arrangement to the contrary between the Government of Malaysia and the government of the country from which or to which the nuclear material is carried; or
  • (b)
    there is any applicable provision in force to the contrary in an international convention to which the Government of Malaysia and the government of the country from which or to which the nuclear material is carried are parties;

  and where there is such arrangement or convention to the contrary in force, the liability of the installation operator and all other persons shall be determined in accordance therewith.

44. Liability for nuclear damage from nuclear material in transit

• (1)
  Where nuclear material is being carried through Malaysia in transit on its way to its intended destination outside Malaysia and a nuclear incident occurs in Malaysia, the person licensed to transport the nuclear material by the competent authority in the country from which the nuclear material is being carried out of shall be liable for any nuclear damage caused.
• (2)
  No person shall carry any nuclear material in transit through Malaysia to its intended destination outside Malaysia unless such person—
  • (a)
    furnishes such financial security as may be required by the Director General; and
  • (b)
    furnishes proof to the satisfaction of the Director General that he authorized by the country from which the nuclear material is being carried out of so to do.

45. Absolute and exclusive liability

• (1)
  The liability of the installation operator for any nuclear damage shall be absolute.
• (2)
  Except as otherwise provided in this Part, no person other than the installation operator shall be liable for nuclear damage.

46. Exceptions to liability

• (1)
  Notwithstanding any provision to the contrary in this Act, no person shall be liable for any nuclear damage caused by a nuclear incident directly due to an act of armed conflict, hostilities, civil war, insurrection or a grave natural disaster of an exceptional character.
• (2)
  The installation operator shall not be liable under this Act for nuclear damage—
  • (a)
    to the nuclear installation itself or to any property on the site of that nuclear installation which is used or to be used in connection with that nuclear installation; or
  • (b)
    to the conveyance in which the nuclear material involved was carried at the time of the nuclear incident.

47. Recourse action

• (1)
  Where nuclear damage has been caused by a nuclear incident, the installation operator concerned shall have a right of recourse only—
  • (a)
    if there is such a right pursuant to the express terms of a contract in writing with another installation operator or any other person;
  • (b)
    if the nuclear incident results from an act or omission with intent to cause damage, against the person who has acted or omitted to act with such intent; or
  • (c)
    if the nuclear incident results from stolen nuclear material, against the person who stole or unlawfully received the nuclear material causing the incident.
• (2)
  The right of recourse of the installation operator concerned under this section shall not in any way affect his liability under section 45 to persons other than those referred to in this section.

48. Governments to claim compensation for nuclear damage to environment

Where there is any nuclear damage to the environment, a claim for compensation shall be made by the Government of Malaysia, the Government of a State in Malaysia or by both, as the case may be, according to whether the segment of the environment that is damaged is within the jurisdiction of the Government of Malaysia, of a State in Malaysia or of both.

49. Gross negligence or intentional act of claimant

If the installation operator proves that the nuclear damage resulted wholly or partly either from the gross negligence of the person suffering the damage or from an act or omission of such person with intent to cause damage, the court may relieve the installation operator from paying compensation in respect of the damage suffered by such person.

50. Liability not affected by Act

Nothing in this Act shall affect the liability outside this Act of the installation operator for nuclear damage for which, by virtue of paragraph 46(2)(b), he is not liable under this Act.

51. Carrier of nuclear material or person handling radioactive waste designated as installation operator

The Director General may, subject to such terms and conditions as may be prescribed, designate a carrier of nuclear material or a person handling radioactive waste, at the request of the carrier or such person and with the consent of the installation operator concerned, as installation operator in place of the installation operator concerned in respect of such nuclear material or radioactive waste respectively. Upon such designation such carrier or such person shall be considered as an installation operator for the purposes of this Part.

52. Several installation operators liable

• (1)
  Where nuclear damage engages the liability of more than one installation operator, all the installation operators involved shall, in so far as the damage attributable to each operator is not reasonably separable, be jointly and severally liable.
• (2)
  Where nuclear incident occurs in the course of carriage within Malaysia of nuclear material, either in one and the same conveyance or, in the case of storage incidental to carriage, in one and the same nuclear installation, and causes nuclear damage which engages the liability of more than one installation operator, the total liability shall not exceed the amount established under section 59.
• (3)
  Subject to subsection 61(2), in neither of the cases referred to in subsections (1) and (2) shall the liability of any one installation operator exceed the amount established under section 59.

53. Liability of single operator of several nuclear installations involved in one nuclear incident

Subject to section 43, where several nuclear installations of one and the same installation operator are involved in one nuclear incident, such installation operator shall be liable in respect of each nuclear installation involved up to the amount established under section 59.

54. Non-nuclear damage deemed nuclear damage

Whenever both nuclear damage and damage other than nuclear damage have been caused by a nuclear incident or jointly by a nuclear incident and one or more other occurrences, such damage shall, to the extent that it is not reasonably separable from the nuclear damage, be deemed for the purposes of this Part to be nuclear damage caused by that nuclear incident. Where, however, damage is caused jointly by a nuclear incident for which provision is made under this Part and by an emission of ionizing radiation for which provision is not made under this Part, nothing in this Act shall limit or otherwise affect liability, either as regards any person suffering nuclear damage, or by way of recourse or contribution, or of any person who may be held liable in connection with that emission of ionizing radiation.

55. Certificate to carrier

• (1)
  The installation operator shall provide a carrier of nuclear material with a certificate issued by or on behalf of the insurer or other financial guarantor furnishing the financial security required under section 60.
• (2)
  The certificate shall state the name and address of the installation operator and the amount, type and duration of the financial security and these particulars shall not be disputed by the person for whom or on whose behalf the certificate was issued.
• (3)
  The certificate shall also indicate the nuclear material in respect of which the financial security applies and shall include a statement by the Director General that the person designated is an installation operator for the purposes of this Part.

56. Several nuclear installations on same site

The Director General may determine that several nuclear installations of one installation operator which are located at the same site shall be considered as a single nuclear installation for the purposes of this Part.

57. Investigation of nuclear incidents

• (1)
  Any nuclear incident involving the application of this Act shall be forthwith reported to the Director General. The installation operator concerned shall provide the Director General with all information which it requires with a view to evaluating the extent of nuclear damage involved.
• (2)
  The Director General shall make an investigation of the cause and the extent of the nuclear damage of the nuclear incident, and to the extent that the Director General deems it to be in the public interest, the Director General’s findings may be made available to the public and to the parties involved, for the purposes of this Part.

58. Compulsory examination and treatment

• (1)
  After the occurrence of a nuclear incident, the Director General may adopt such measures as are appropriate to determine the persons who were or might have been exposed to ionizing radiation resulting from such nuclear incident.
• (2)
  Notwithstanding any law to the contrary and for the purposes of carrying into effect the measures referred to in subsection (1), the Director General may—
  • (a)
    require any person suspected or likely to be affected by exposure to ionizing radiation to be medically examined by a competent authority or body appointed by the Minister;
  • (b)
    cause any such person to be removed to a hospital or other place specially designated for the treatment, detection or observation of any nuclear damage to such person, and to detain such person until he can be discharged without danger to himself or others; or
  • (c)
    cause a post-mortem examination to be made on any corpse where the death is suspected to have been caused by a nuclear incident or exposure to ionizing radiation.
• (3)
  Any person who refuses, fails or neglects to submit for examination, treatment, detection or observation under this section or refuses or obstructs the post-mortem examination of a corpse under this section commits an offence and is, on conviction, liable to imprisonment for a term not exceeding five months or a fine not exceeding one thousand ringgit or both.

59. Limit of liability

• (1)
  Notwithstanding any law to the contrary but subject to this Part, the liability of an installation operator for nuclear damage under this Act shall be limited to an amount equivalent at the commencement of this Act to fifty million ringgit for any one nuclear incident.
• (2)
  The Director General may, taking into account the size and nature of the nuclear installation, the extent of the damage involved or any other circumstances, prescribe a different limit of liability from that provided under subsection (1) but such different limit of liability shall in no event be less than an amount equivalent at the commencement of this Act to twelve million ringgit for any one nuclear incident.
• (3)
  The amounts referred to in subsections (1) and (2) shall not include any interest or costs awarded by the court in actions for compensation for nuclear damage.

60. Financial security

• (1)
  No licence to operate a nuclear installation or to import or export nuclear material into or from Malaysia shall be issued under this Act by the Director General to an installation operator or any other person unless the installation operator or other person secures and maintains insurance or other financial security covering his liability for nuclear damage under this Act.
• (2)
  The Director General may determine the type and terms of the insurance or other financial security which shall be secured and maintained by the installation operator or any other person, and such insurance or other financial security may include private insurance, private contractual indemnity, self-insurance or a combination thereof or other evidence of financial ability to pay compensation under this Act.
• (3)
  Notwithstanding any law to the contrary, no insurer or other financial guarantor may suspend, cancel or vary the type and terms of the insurance or other financial security provided under this section without giving notice in writing of at least two months to the Director General of its intention so to do or, in so far as such insurance or other financial security relates to the carriage of nuclear material, during the period of the carriage in question.

61. Government indemnity

• (1)
  The Government of Malaysia may, where it considers it necessary so to do, indemnify the installation operator liable and provide the necessary funds for the payment of claims for compensation for nuclear damage which have been established against the operator to the extent that the yield of insurance or other financial security is inadequate to satisfy such claims:

  Provided that the indemnity so provided by the Government of Malaysia, together with the yield of insurance or other financial security, shall not in the aggregate exceed the maximum amount established under section 59 for any one nuclear incident.

• (2)
  Notwithstanding subsection (1), where it appears that claims for compensation for nuclear damage caused by a nuclear incident may exceed the limit of liability established under section 59, the Director General shall furnish a report to the Minister with its recommendations for the appropriation of additional funds for the payment of claims for such compensation and the Minister shall cause the report to be laid forthwith before the Dewan Rakyat.
• (3)
  Upon such report being laid before it, the Dewan Rakyat may by resolution appropriate additional funds for such purpose if it considers it necessary in the interests of the nation that the limit of liability established under section 59 should be exceeded but not otherwise.

62. Intervention in court proceedings

When, after the occurrence of a nuclear incident, the Government of Malaysia intends to indemnify the installation operator pursuant to section 61, the court adjudicating any claim for compensation arising from the nuclear incident shall allow the Government of Malaysia to intervene in the proceedings at any time before final judgment.

63. Prescription of rights and actions

• (1)
  Subject to subsection (2), rights to compensation under this Act shall cease after twenty years from the date of the nuclear incident.
• (2)
  Actions for compensation under this Act shall be barred unless brought within twenty years from the date on which the person suffering nuclear damage had knowledge or should reasonably have had knowledge of such damage:

  Provided that—

  • (a)
    any person who claims to have suffered nuclear damage and who has brought an action for compensation within the period applicable pursuant to this subsection may amend his claim to take into account any aggravation of the damage, even after the expiry of that period; and
  • (b)
    final judgment has not been entered in the case.

64. Prescription with respect to nuclear material stolen, lost, jettisoned or abandoned

• (1)
  Where nuclear damage is caused by a nuclear incident involving nuclear material which had at any time been stolen, lost, jettisoned or abandoned, the period within which to bring actions for compensation pursuant to section 63 shall be computed from the date of that nuclear incident and not from the date such nuclear material had been stolen, lost, jettisoned or abandoned.
• (2)
  For the avoidance of doubt, the actions for compensation in the circumstances referred to in subsection (1) shall lie against the installation operator by virtue of section 45 but without prejudice, however, to his right of recourse under section 47, and any person against whom the installation operator has a right of recourse under section 47 shall not be entitled to bring any claim for compensation against the installation operator.

65. When claims exceed maximum limit

When it appears that the nuclear damage from a nuclear incident may exceed the limit of liability established under section 59, and upon application by the Government of Malaysia where it intends to act pursuant to section 61, the court having jurisdiction in the matter shall issue such orders as may be necessary to assure the equitable distribution of compensation, including orders apportioning the payments to be made to claimants and orders permitting partial payment to be made before final determination of the total claims.

66. Exclusions

Without prejudice to rights of compensation under any other law, the Minister may, if he determines that the small extent of the risks involved so warrants, exclude any prescribed small quantities of any radioactive material, nuclear material or prescribed substance from the application of this Part.

Part X — General

67. Delegation of power

• (1)
  The Director General may, in writing, delegate any of his functions and powers under this Act to any officer under the control, direction and supervision of the Director General subject to such conditions, limitations or restrictions as the Director General thinks fit except the power of delegation under this section.
• (2)
  The Director General of Health may, in writing and in relation to his functions and power under subsection 15(3), delegate such functions or power to any officer under the control, direction and supervision of the Director General Health subject to such conditions, limitations or restrictions as the Director General Health thinks fit except the power of delegation under this section.
• (3)
  A delegation under subsections (1) and (2) may be revoked at any time by the Director General and the Director General of Health, as the case may be, and does not prevent the Director General and the Director General of Health, as the case may be, from exercising the powers or performing the functions delegated under that subsection.

67A. Power to issue directive

• (1)
  The appropriate authority may issue any directive in writing as may be expedient or necessary for the purpose of ensuring the compliance with this Act.
• (2)
  Any licensee or permit holder shall comply with the directive in writing issued under subsection (1).

68. Regulations

• (1)
  The Minister may, for the purpose of carrying out the provisions of this Act, make regulations, including regulations—
  • (a)
    for controlling and regulating the activity of atomic energy;
  • (b)
    for regulating the production, import, export, transport, refining, possession, ownership, use, sale or disposal of or other dealing in any radioactive material, nuclear material or radiation generator or any other thing that in the opinion of the Minister may be used for the production, use or application of atomic energy.
• (2)
  Without prejudice to the generality of subsection (1), regulations may also be made for all or any of the following purposes:
  • (a)
    making provision to secure that any radioactive product or radioactive waste from any source whatsoever is accumulated or disposed of safely;
  • (b)
    prescribing the method of treatment or disposal of any conveyance, package or container that has been used to carry, hold or store any radioactive material, nuclear material or radiation generator or radioactive waste;
  • (c)
    prescribing the purposes for which any radioactive material, nuclear material or radiation generator may be used and providing for the classification of licences issued under this Act;
  • (d)
    prohibiting or restricting the use of any specified radioactive material or nuclear material, or of any specified radioactive material or nuclear material containing more than a specified concentration of any radioactive chemical element;
  • (e)
    prohibiting or restricting the use of any specified type of radiation generator;
  • (f)
    requiring compliance with standards relating to measurement of ionizing radiation;
  • (g)
    regulating the issuance by registered medical practitioners of prescriptions containing any prescribed substance;
  • (h)
    regulating the dispensing and compounding by registered pharmacists of prescriptions containing any prescribed substance;
  • (i)
    providing for the making of returns in respect of any radioactive material, nuclear material or radiation generator and of the types and quantities of radioactive materials, nuclear materials or radiation generator held;
  • (j)
    providing for the keeping by purchasers of radioactive materials, nuclear materials or radiation generator of records specifying the purposes for which the radioactive materials, nuclear materials or radiation generator are used, and for the inspection of these records, and for the making of returns of entries in these records;
  • (k)
    providing for the keeping of records of all applications of ionizing radiation or prescribed substances for diagnostic or therapeutic purposes;
  • (l)
    providing for the procedure and prescribing the forms for applications, licences, registers, notices and other documents required for the purposes of this Act;
  • (m)
    prescribing fees in respect of any licence permit and test under this Act or for any matter in respect of which fees may be imposed under this Act;
  • (n)
    prescribing matters relating to appeals under Part VII;
  • (na)
    prescribing qualifications and test for any worker;
  • (nb)
    prescribing the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences under this Act;
  • (nc)
    prescribing the information required relating to safeguards; or
  • (o)
    prescribing anything which may be required for the purposes of this Act.
• (3)
  The regulations made under subsections (1) and (2) may prescribe an act or omission in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both for the offence.

68A. Power to amend Schedule

The Minister may, upon the recommendation of the Director General, by order published in the Gazette, amend the Schedule to this Act.

69. Exemptions

• The Minister may, upon recommendation of the appropriate authority, by order published 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.

69A. Notice for disclosure of information

• (1)
  The appropriate authority may serve a notice to any person whom the appropriate authority believes on reasonable grounds has information or documents relevant to the enforcement of this Act relating to radioactive material, nuclear material, nuclear related item or radiation generator, requesting the person to provide the information or documents to the appropriate authority.
• (2)
  A person who receives a notice referred to in subsection (1) shall provide the requested information or documents to the appropriate authority in writing within the time specified in the notice.
• (3)
  Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding two years or to both.

69B. Protection against suit and legal proceedings

No action, suit, prosecution or other proceedings shall be brought, instituted or maintained in any court against the Minister, appropriate authority or authorized officer on account of or in respect of any act, neglect or default done or omitted by him in the course of carrying out his duties under this Act unless it can be proven that the act, neglect or default was done or omitted in bad faith and without reasonable cause.

70. Repeal of Radioactive Substances Act 1968

The Radioactive Substances Act 1968 [Act 17 of 1968] is repealed:

Provided that any permit issued under that Act shall remain valid and be deemed to have been issued as a licence under this Act by the appropriate authority, depending upon whether the activity licensed is in respect of a medical purpose or a purpose other than a medical purpose as determined by the Board, and shall have effect for the period specified therein.

71. Operation of Act

This Act shall be in addition to, and not in derogation of, any other law relating to dangerous goods in force in any part of Malaysia.

Schedule [Section 2] — Nuclear material

• 1.
  Uranium containing the mixture of isotopes occurring in nature
• 2.
  Uranium depleted in the isotope 235
• 3.
  Thorium
• 4.
  Any of the foregoing referred in paragraph 1, 2 or 3 in the form of metal, alloy, chemical compound or concentrate
• 5.
  Plutonium-239
• 6.
  Uranium-233
• 7.
  Uranium enriched in the isotope 235 or 233
• 8.
  Any of the material containing one or more of the foregoing referred in in paragraph 5, 6 or 7