Legislative Action

On 3 March 2022, a company was charged with 3 charges in court for an offense under Section 12(1)(b) of the Atomic Energy Licensing Act 1984 (Act 304) for importing tin concentrate containing radioactive material without a valid licence.

The prosecution was conducted at the Butterworth Sessions Court, Penang by the AELB Prosecuting Officer. The person who is summoned (OKS) has pleaded guilty to the 3 charges that were read and was fined RM 15,000 for each charge with a total fine of RM 45,000. OKS has paid the prescribed fine.

Any person dealing with atomic energy activities is advised to always comply with the legal provisions that have been established under Act 304.

AELB would like to express its highest appreciation and thanks to the Royal Malaysian Customs Department through the detection activities from the Radiation Portal Monitor (RPM) placed at the port for AELB to take further action for this case. This good cooperation can continue in ensuring effective control over Act 304, especially involving control at the entry and exit gates of Malaysia.

On 24 November 2021, a company was charged in court for an offense under Section 12(1)(b) of the Atomic Energy Licensing Act 1984 (Act 304) for possessing a unit of irradiation apparatus without a valid licence. The prosecution was carried out in the Session Court Klang, Selangor. The Person Who Is Summoned (OKS) has pleaded guilty to the charges read out and will be fined RM 15,000 or 6 months in prison if the OKS fails to pay the fine. OKS has paid the prescribed fine.

Any person dealing with atomic energy activities is advised to always comply with the legal provisions that have been established under Act 304.

On 25 October 2021, a company was charged in court for an offense under Section 12(1)(b) of the Atomic Energy Licensing Act 1984 (Act 304) for carrying out import activities without a Class E License. The prosecution was conducted at the Sessions Court Sepang, Selangor. The prosecution was carried out by the AELB Prosecuting Officer, Mr. Amirul Shazmie Bin Jamaluddin. The Person Who Is Summoned (OKS) have pleaded guilty to the charges read and are subject to a fine of RM 15,000 or 4 months in prison if the OKS fails to pay the fine. OKS has paid the prescribed fine.

Any person dealing with atomic energy activities is advised to always comply with the legal provisions that have been established under Act 304.

AELB has received a complaint from the Department of Minerals and Geosciences Malaysia regarding an individual suspected of possessing radioactive material in the form of metal bars. The case was investigated under Section 12(1) (b) of the Atomic Energy Licensing Act 1984 (Act 304) for possessing metal bars containing radioactive material without a valid licence. The result of the investigation found that the individual was an operator of recycled goods including scrap metal and had no knowledge that one of the goods he owned was a material containing radioactive material capable of emitting ionizing radiation and controlled under Act 304.

The individual does not have a valid license under Act 304 for the possession of the case item which is a radioactive material and does not have a justified purpose of use to enable it to be licensed under Act 304. In connection with that, a confiscation application was submitted to the Court to confiscate the case item to the Malaysian Government.

Deprivation of rights to the Malaysian Government must be done to prevent the case items from falling into the hands of irresponsible parties and to prevent exposure of the radiation emitted by the radioactive material to the public.

The application to confiscate the case item from the individual, which is a metal bar containing Uranium Oxide weighing approximately 2.8 kilograms, was made by the AELB Prosecuting Officer, Pn. Aliyah Mohd. Saad at the Ipoh Criminal Magistrate’s Court, Perak on 01 September 2021. Through an Order made under Section 407, Criminal Procedure Code (Act 593), the Court ordered the case item which is the metal bar to be forfeited to the Malaysian Government and disposed of at a radioactive waste disposal facility recognized in Malaysia.

On 13 July 2021, a company was charged in court for an offense under Section 12(1)(b) of the Atomic Energy Licensing Act 1984 (Act 304) for possessing radioactive material exceeding of the licensed amount. The prosecution was carried out at the Alor Gajah Sessions Court. The prosecution was carried out by the AELB Prosecuting Officer, Ms. Aliyah Md. Saad The company pleaded guilty to the charges and was fined RM 10,000. Case goods are released after corrective action is taken.

On 17 March 2021, a company was charged in court for an offense under Section 12(1)(b) of the Atomic Energy Licensing Act 1984 (Act 304) for importing an irradiation apparatus without having a valid Class E (import) License under the Act 304. The prosecution was conducted in the Shah Alam Sessions Court. The prosecution was carried out by the AELB Prosecuting Officer, Ms. Aliyah Md. Saad. The company pleaded guilty to the charges and was fined RM 10,000. Case goods are released after corrective action is taken.

A company that carries out industrial radiography activities has been subject to license suspension by the Board for 58 days from 23 February 2020 until the license expires. Actions are taken in accordance with the provision under Section 22(1)(d), Atomic Energy Licensing Act 1984 (Act 304) for public interest purposes.

Further on 2 September 2020, the company was charged in court for an offense under Regulation 70, Atomic Energy Licensing (Basic Safety Radiation Protection) Regulations 2010 for failing to take all measures to ensure the safety and protection of radioactive material in its possession to the point of causing loss of the radioactive material. Prosecution was conducted at Session Court 5, Alor Setar. The prosecution was carried out by the AELB Prosecuting Officer, Mr. Faizal Ali. The company has pleaded guilty to the charges read and was fined RM 23,000.00 or 6 months in prison (if it fails to pay the fine).

The offense under Regulation 70, Atomic Energy Licensing (Basic Safety Radiation Protection) Regulations 2010 involving the loss of radioactive material is the company’s second offence, after the first offense committed in 2011. As the company was found to be incompetent to deal with radioactive material, the goods cases (if found) and other radioactive materials owned by the company are directed to be disposed of by the method set by AELB.

The Board takes seriously the importance of the licensee’s compliance with the provisions set out under Act 304 and subsidiary legislation made under it to ensure safety, security and regulatory aspects are complied with. This step was taken to ensure the safety of the public, property and the environment, and at the same time facilitate legal economic activities to support the well-being of the people and the development of the country’s economy.

Info: Industrial radiography is an activity that uses radioactive materials for the purpose of non-destructive testing and is one of the industrial activities regulated by licensing under Act 304.

A civilian was prosecuted in the Butterworth Sessions (Criminal) Court on 22 April 2019 for possessing a number of naturally occurring radioactive materials (NORM) without a valid license under the Atomic Energy Licensing Act 1984 (Act 304). The charge was made under Section 12(1)(b) of Act 304. The accused pleaded guilty and was sentenced to a fine of RM 20,000 or 6 months in prison if he failed to pay the fine.

Violation of Act 304 was first detected at the country’s main entry point when offenders brought in this radioactive material without a valid license under Act 304 with the intention of using it in consumer products in Malaysia. The result of this detection has led to a search at the premises of the company that is processing the consumer product by mixing this radioactive material.

This detection action is the result of cooperation in nuclear security detection activities with the Royal Malaysian Customs Department (JKDM) through the role of the National Nuclear Response Management Center(PTNK), and the Radiation Detection Laboratory, Nuclear Security Support Center (NSSC) Malaysia in AELB.

Info: Malaysia implements strategic cooperation with JKDM through the development of procedures and the use of radiation detection equipment such as the Radiation Portal Monitor (RPM) which is installed at the country’s main entrance to prevent the illegal entry of radioactive and nuclear materials into Malaysia. This collaboration is also supported in terms of equipment assistance and capacity building by the International Atomic Energy Agency (IAEA) and the US Nuclear Smuggling Detection and Deterrence (US NSDD).

A company that carries out industrial radiography activities has been subject to license suspension for 45 days from 26 April 2019 by the Board for two offenses of breaching the License Conditions issued under the Atomic Energy Licensing Act 1984 (Act 304). The two offenses were allowing a civilian to carry out industrial radiography work and storing radiation equipment in a storage area not approved for his company. Action is imposed under Section 22(1) of Act 304.

The Board takes seriously the importance of compliance with the License Conditions issued to ensure safety, security and regulatory aspects are complied with in accordance with the provisions under Act 304. This step is taken to ensure the safety of the public and the environment, and at the same time legally facilitate economic activities which supports the well-being and economic development of the country.

Info: Industrial radiography is an activity that uses radioactive materials for the purpose of non-destructive testing and is one of the industrial activities regulated by licensing under Act 304.