Malaysia

Legal changes to further empower health DG, say ministers

He will have power to direct anyone to take steps to curb spread of infectious diseases under Act 342

Updated 5 years ago · Published on 03 Mar 2021 5:39PM

Legal changes to further empower health DG, say ministers
Health Minister Datuk Seri Dr Adham Baba says legislation plays an important role in curbing the spread of Covid-19. – Bernama pic, March 3, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Putrajaya will make amendments to existing laws via the Emergency (Prevention and Control of Diseases) (Amendment) Ordinance 2021, which will see wider powers given to the health director-general and local authorities to combat the Covid-19 pandemic.
 
In a joint press conference by Health Minister Datuk Seri Dr Adham Baba and Minister in the Prime Minister’s Department (Law) Datuk Seri Takiyuddin Hassan, they said that legislation plays an important role in curbing the spread of Covid-19.
 
Hence, rules under the Prevention and Control of Infectious Diseases Act 1988 (Act 342) require amendments.
 
“However, the rules are only in force for a period of time as stated in Subsection 11(1) relating to the declaration of an infectious zone.
 
“Among the rules are those related to steps taken in infectious zones, fees and charges, medical services and requirements to be moved to quarantine centres,” they said.
 
They added the Health Ministry recommended amendments be made to Act 342 through Section 16 of the Emergency (Prevention and Control of Diseases) (Amendment) Ordinance 2021 to ensure the spread of the virus is curbed and efficacy of enforcement upheld.
 
Among others, the interpretation of “authorised officer” has been expanded to include “any relevant individuals” who do not necessarily serve in the federal civil service, which may now include local authorities and statutory bodies.
 
Another amendment would enable the health director-general to issue directives under Act 342.
 
Currently, he only has powers under movement control order rules.
 
“With the amendment, the health director-general can direct anyone to take steps for the purpose of controlling and preventing any infectious diseases,” they said.
 
Currently, under Section 24 (b) of Act 342, penalties include a maximum of five years imprisonment, a fine, or both.
 
Now, it will be amended to include a penalty of a maximum seven-year jail term or a fine not exceeding RM100,000 or both.
 
As for compounds, powers will be expanded to statutory bodies or local authorities to issue.
 
“The initial compound can’t exceed RM1,000, but the amendment will raise it to RM10,000 for individuals and RM50,000 for organisations.”
 
The Emergency (Prevention and Control of Diseases) (Amendment) Ordinance 2021 is set to come into force on March 11. – The Vibes, March 3, 2021

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