The Legal Office is the unit responsible for providing legal advice to the Department of Fisheries for the conservation, management and development of the fisheries sector in Malaysia as well as enforcing the Fisheries Act 1985 and regulations thereunder.
The Legal Office plays an important role in deciding the types of offenses and compounds, including considering any appeals against cases of arrests in contravention of the Fisheries Act 1985 and the Regulations thereunder. The arrest cases will be decided whether to be given a compound offer, a warning, released, seized or prosecuted in court.
The Legal Office is directly involved in the enactment and amendment of the Fisheries Act 1985 and regulations thereunder, providing advisory services on legal issues related to the fisheries sector as well as reviewing agreements and memorandum of understanding (MOU) involving the Department of Fisheries. In short, at the national level, the Legal Office plays a role and performs functions in the legal aspects to support the conduct and implementation of fisheries plans drawn up by the Department of Fisheries as contained in the Fisheries Act 1985.
While at the international level, the Legal Office plays the role or performs the function of providing advisory services to the Department of Fisheries so that the movement and implementation of national fisheries plans are in line with the provisions of international legislation or instruments set by international bodies such as the Food And Agricultural Organization (FAO), World Health Organization (WHO), International Maritime Organization (IMO), World Trade Organization (WTO), United Nations Convention On The Law Of The Sea (UNCLOS), Code Of Conduct For Responsible Fisheries (CCRF), Standards of Training, Certification and Watchkeeping (STCW) and so on.
The Legal Office is committed to provide efficient and quality legal services in accordance with the law in a fair and equitable manner.
The existence of the Legal Office is to carry out the functions as set out below. It supports the fisheries plans made by the Department of Fisheries in the form of enforced laws and regulations.
Its positioned directly under the Director-General of Fisheries in line with the function of providing advisory services to the Director-General authorised in the Fisheries Act 1985. This position is common for an organisation.
- Sources of reference on the Fisheries Act 1985 [Act 317], Fisheries Regulations and Rules as well as aspects related to fisheries legislation.
- Provide legal advice, views and comments on issues or matters for decision in the national fisheries plan policy involving Malaysian or international legal aspects.
- Determining the types of offenses and actions to parties alleged to have committed offenses under the Fisheries Act 1985, the provisions and Fisheries Regulations thereunder.
- Conduct prosecution, appeal and supervision on all cases of offenses that cannot be compounded under the Fisheries Act 1985 in Court.
- Determining the amount of compound that should be imposed on a party who commits an offense under the Fisheries Act 1985 and the Regulations thereunder for the types of offenses that can be compounded.
- Review draft agreements, memorandum of understandings (MOUs) and cooperation between departments with target groups or other interested parties.
- Review draft bills and regulations related to fisheries and obtain the approval of the Attorney General’s Chambers before being debated in Parliament or approved by the minister.
- To plan, coordinate or conduct skills training and courses for staff in the country or abroad related to fisheries legislation.
- Perform audits on the management of prosecution cases, compounds, storage, management and disposal of case items as well as case investigation paper (IP) files throughout the country.
- Participate in programs related to aspects of fisheries legislation including attending meetings for the benefit of the Department of Fisheries.