of 11 September 2001. The Act came into force on 15 January 2002. The Act was originally designed to monitor and control the accumulation and re-distribution of money which was obtained from the kind of criminal activity categorized as “serious offences” listed in the Second Schedule to the Act.218 This legislation also contains novel provisions providing for the gathering and exchanging of financial intelligence with foreign states, reporting obligations, overriding the secrecy obligations imposed by other laws, and extending powers of search and seizure and forfeiture which it confers upon the enforcement authorities. The terms “terrorist” and “terrorism” appear in the Penal Code Amendment Act 2003 and the Anti-Money Laundering Act (Amendment) 2003, both of which received the Royal Assent on 17 December 2003 and were published in the Gazette on 25 December 2003. Neither of these Acts have yet come into force. The proposed amendments provided by the Penal Code Amendment Act 2003 are as follows:(a) A new Chapter VI has been provided headed “Offences Relating to Terrorism.” (b) A “terrorist” is defined as “any person who: a. commits or attempts to commit any terrorist act; or b. participates in or facilitates the commission of any terrorist act, and includes a specified entity under section 66B or 66C of the Anti-Money Laundering Act 2001; (c) A “terrorist act” for the purposes of this Chapter is defined as an act or threat of action within or beyond Malaysia to commit any one of 10 proscribed actions which range from causing serious bodily injury to the use of explosives or toxic chemical or biological material or disruption of communications infrastructure or essential emergency services and acts prejudicial to national security or public safety and also offences under the Aviation Offences Act 1984: Where the act or threat is intended or may be reasonably regarded as being intended to (aa) intimidate the public or a section of the public; or (bb) influence or compel the Government of Malaysia or the Government of any State in Malaysia or any other government or any international organization to do or to refrain from doing any act. their investigation. On appeal the High Court rejected the argument that the right to a defence was thereby rendered illusory. 218 The offences specified ranged from corruption, certain corporate offences under the Companies Act, the Futures Industry Act, and the Securities Industry Act to infringement of copyright under the Copyright Act. Even more significantly from the terrorism perspective the designated offences covered offences under the Corrosive and Explosive Substances Act, the Kidnapping Act and all the offences against the State or the person and/or property listed under the Penal Code. 104