MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 728 MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 As at 1 September 2016 2 MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 … … … … 5 August 2011 Date of publication in the … Gazette … … … 18 August 2011 Date of Royal Assent 3 LAWS OF MALAYSIA Act 728 MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Act to be read together with the relevant written laws 3. Interpretation PART II MALAYSIAN QUARANTINE AND INSPECTION SERVICES 4. Appointment of Director General and other officers 5. Appointment of enforcement officers 6. Appointment of public officers to be enforcement officers 7. Enforcement officers to exercise powers of Director General PART III FUNCTIONS AND POWERS 8. Functions of the Director General 9. Powers of the Director General 4 Laws of Malaysia ACT 728 PART IV COORDINATION COMMITTEE FOR QUARANTINE AND INSPECTION Section 10. Coordination Committee for Quarantine and Inspection PART V PERMIT, LICENCE AND CERTIFICATE 11. Requirement for permit, licence and certificate 12. Application for permit, licence and certificate 13. False permit, licence and certificate 14. Plant, animal, carcass, etc. with pests, diseases or contaminants 15. Import and export conditions PART VI ENFORCEMENT 16. Powers to be exercised at entry points, quarantine stations and quarantine premises 17. Power of investigation 18. Power of arrest 19. Search and seizure with warrant 20. Search and seizure without warrant 21. Warrant admissible notwithstanding defects 22. Power to seal premises and conveyance 23. Access to computerized data 24. Power to stop, search and seize conveyance 25. List of plant, animal, carcass, etc., seized 26. Examination of persons acquainted with case 27. Admissibility of statement in evidence 28. Power to require attendance of persons acquainted with case Malaysian Quarantine and Inspection Services Section 29. Forfeiture of seized plant, animal, carcass, etc. 30. Release of seized plant, animal, carcass, etc. 31. Cost of holding seized plant, animal, carcass, etc. 32. No costs or damages arising from seizure to be recoverable 33. Power to take sample 34. Examination or testing of seized plant, animal, carcass, etc. 35. Additional powers 36. Obstruction of enforcement officers PART VII MISCELLANEOUS 37. Expenses 38. Moneys collected or received under this Act 39. Expert services 40. Uniform 41. Office and facility 42. Power to amend Schedule 43. Offence committed by body corporate 44. Offence committed by partner, agent or servant 45. General penalty 46. Compounding of offences 47. Institution of prosecution 48. Protection against suit and legal proceedings 49. Regulations 50. Savings and transitional provisions FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 7 LAWS OF MALAYSIA Act 728 MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 An Act to provide for the Malaysian quarantine and inspection services for the purpose of providing integrated services relating to quarantine, inspection and enforcement at the entry points, quarantine stations and quarantine premises and certification for import and export of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms and includes inspection of and enforcement relating to food and for matters connected to it. [1 January 2012, P.U. (B) 603/2011 in Peninsular Malaysia and Federal Territory of Labuan] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Quarantine and Inspection Services Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act in different states and Federal Territories of Malaysia. 8 Laws of Malaysia ACT 728 Act to be read together with the relevant written laws 2. (1) This Act shall be read together with the relevant written laws and the provisions of this Act shall be in addition to, and not in derogation of, the provisions of the relevant written laws. (2) In the event of any inconsistencies between the provisions of this Act and the relevant written laws, excluding the Food Act 1983 [Act 281], the provisions of this Act shall prevail. Interpretation 3. In this Act, unless the context otherwise requires— “relevant agency or department” means the agency or department responsible for the enforcement of the relevant written laws; “appliance” has the same meaning assigned to it under the Food Act 1983; “contaminant” means any foreign, extraneous, toxic, noxious or harmful substance that is contained or present in or on any plant, animal, carcass, fish and agricultural produce including metal, microorganism and its toxin, drug residue, pesticide residue, radioactive residue or any chemical residue prohibited or permissible at a level specified in the relevant written laws; “animal” has the same meaning assigned to it under the Animals Act 1953 [Act 647] and includes bird; “package” has the same meaning assigned to it under the Food Act 1983; “bird” has the same meaning assigned to it under the Animals Act 1953; Malaysian Quarantine and Inspection Services 9 “export” means to take or cause to be taken out of Malaysia by land, sea, inland waters or air any plant, animal, carcass, fish, agricultural produce, soil, microorganism, or food; “fish” has the same meaning assigned to it under the Fisheries Act 1985 [Act 317]; “import” means to bring or cause to be brought into Malaysia by land, sea, inland waters or air any plant, animal, carcass, fish, agricultural produce, soil, microorganism, or food; “Department” means the Department of Malaysian Quarantine and Inspection Services; “Coordination Committee” means the Coordination Committee for Quarantine and Inspection established under section 10; “carcass” means the dead body of an animal or fish, and includes the meat, bones (whether whole, broken or ground), offal, hide, skin, wool, hair, feathers, hoof, horns or other part of the dead animal or fish, separately or otherwise; “agricultural produce” means any product from plant, animal, carcass or fish, whether processed or otherwise; “Director General” means the Director General of Quarantine and Inspection appointed under subsection 4(1); “quarantine” means an official confinement of any plant, animal, carcass, fish, agricultural produce, soil or microorganism for observation, research, further inspection, testing or treatment; “licence” means a licence issued under subsection 12(4); “food” has the same meaning assigned to it under the Food Act 1983, and includes appliance and package; “Minister” means the Minister charged with the responsibility for agriculture and agro-based industry; 10 Laws of Malaysia ACT 728 “microorganism” means any microorganism other than plant and animal and includes fungus, bacteria and virus; “enforcement officer” means an enforcement officer appointed under section 5 or section 6, and includes the Director General and Deputy Director General; “inspection” means an examination of any plant, animal, carcass, fish, agricultural produce, soil, microorganism or food; “conveyance” means any aircraft, vehicle, vessel or any other mode of transport whether by land, sea or air; “certificate” means a certificate issued under subsection 12(4) except health certificates and phytosanitary certificates; “permit” means a permit issued under subsection 12(4); “entry point” means any entry point or exit point as specified in the First Schedule; “premises” includes any hut, shed, structure, platform, house, building, plant, licensed warehouse, container and land, whether enclosed or built upon; “quarantine premises” means any premises declared by the Director General under paragraph 9(g); “quarantine station” means the premises, as specified in the Second Schedule, to quarantine any plant, animal, carcass, fish, agricultural produce, soil or microorganism; “soil” includes earth, ground or other naturally occurring or processed organic and mineral material; “quarantine procedure” means the testing, treating or disposing of any plant, animal, carcass, fish, agricultural produce, soil, or microorganism, or the doing of any other relevant action as the Director General may determine; Malaysian Quarantine and Inspection Services 11 “plant” means any species of plant or any part thereof whether living or dead and includes the stem, branch, tuber, bulb, corn, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed or any other part or product of a plant whether severed or attached; “relevant written laws” means the written laws as specified in the Third Schedule. PART II MALAYSIAN QUARANTINE AND INSPECTION SERVICES Appointment of Director General and other officers 4. (1) The Minister shall appoint a Director General of Quarantine and Inspection and a Deputy Director General of Quarantine and Inspection and other officers from among the public officers as may be considered necessary for the purpose of this Act. (2) The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment. (3) The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be reappointed as Director General by the Minister on contract for such period and on such terms and conditions as may be specified in the instrument of appointment. (4) A certificate of appointment in the form of an authority card shall be issued to the Director General and the Deputy Director General appointed under subsection (1), and such card shall be signed by the Minister and shall be prima facie evidence of the appointment under this Act. (5) The Director General shall be responsible for the direction, control and supervision of all matters relating to this Act. 12 Laws of Malaysia ACT 728 Appointment of enforcement officers 5. (1) Subject to subsection (4), the Director General shall appoint such number of officers of the Department to be enforcement officers as he may consider necessary for the proper carrying out of this Act, whose ranks shall be determined by the Director General by order, for the purpose of carrying out the powers under section 9 and Part VI. (2) An enforcement officer appointed under subsection (1) shall be subject to the direction, control and supervision of the Director General or any other enforcement officer superior to the enforcement officer in rank, and the enforcement officer shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions as may be specified orally or in writing by the Director General or any other enforcement officer superior to him in rank. (3) A certificate of appointment in the form of an authority card shall be issued to every enforcement officer appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act. (4) Whenever such enforcement 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 (3). (5) The Minister charged with the responsibility for health may appoint in writing any enforcement officer appointed under subsection (1) to carry out the powers under paragraph 9(b). (6) Without prejudice to the generality of subsection (2), the enforcement officer referred to in subsection (5) shall c