NATIONAL KENAF AND TOBACCO BOARD ACT 2009

National Kenaf and Tobacco Board LAWS OF MALAYSIA REPRINT Act 692 NATIONAL KENAF AND TOBACCO BOARD ACT 2009 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 1 2 Laws of Malaysia Act 692 NATIONAL KENAF AND TOBACCO BOARD ACT 2009 Date of Royal Assent … … … … 6 January 2009 Date of publication in the Gazette … … … … 8 January 2009 National Kenaf and Tobacco Board LAWS OF MALAYSIA Act 692 NATIONAL KENAF AND TOBACCO BOARD ACT 2009 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II ESTABLISHMENT OF THE BOARD 3. The Board and its objectives 4. Functions of the Board 5. Powers of the Board 6. Membership of the Board 7. Tenure of office 8. Alternate members 9. Temporary exercise of functions of Chairman 10. Revocation of appointment and resignation 11. Vacation of office and filling of vacancy 12. Protection against suit and legal proceedings 13. Public Authorities Protection Act 1948 14. Public servant 15. Power of Minister to give directions 3 4 Laws of Malaysia Act 692 Section 16. Returns, reports, accounts and information 17. Delegation of Board’s functions and powers 18. Board may establish committees Part III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE BOARD 19. Powers and duties of Director General 20. Employment of other officers and servants 21. Loans, scholarships and advances to officers and servants Part IV FINANCE 22. The Fund 23. Expenditure to be charged on the Fund 24. Conservation of Fund 25. Reserve fund 26. Cess Fund 27. Cess on tobacco and tobacco products 28. Expenditure and preparation of estimates 29. Financial year 30. Bank account 31. Statutory Bodies (Accounts and Annual Reports) Act 1980 Part V OTHER POWERS OF THE BOARD 32. Power to borrow 33. Investment 34. Commercialization of research finding 35. Power to employ agents, etc. 36. Financial assistance to company established by the Board, etc. 37. Power to establish companies National Kenaf and Tobacco Board Part VI LICENSING Section 38. Regulation of kenaf industry and tobacco industry 39. Licensing, approval and certificate of authorization 40. Application for licence, approval and certificate of authorization 41. Issue of licence, approval and certificate of authorization 42. Register 43. Duration and renewal of licences or certificate of authorization 44. Licence to be exhibited 45. Transfer of licence 46. No assignment of licence or certificate of authorization 47. Revocation or suspension of licence or certificate of authorization 48. Appeals 49. Control of purchase of cured tobacco 50. Control of sale of cured tobacco 51. Control of storage and possession of cured tobacco 52. Control of movement of cured tobacco 53. General penalty Part VII POWERS RELATING TO ENFORCEMENT, SEIZURE, ETC. 54. Authorization of officers 55. Power of investigation 56. Authority card 57. Power to arrest 58. Search and seizure with warrant 59. Search and seizure without warrant 60. Search of persons 61. Access to computerized data 62. Seizure of thing, etc. 63. Power to stop, search and seize conveyances 64. List of things seized 5 6 Laws of Malaysia Act 692 Section 65. Temporary return of conveyance, etc. 66. Power to require attendance of persons acquainted with case 67. Examination of persons acquainted with case 68. Admissibility of statements in evidence 69. Sale and disposal of seized kenaf or tobacco, etc. 70. Forfeiture of seized kenaf or tobacco, etc. 71. Property right in forfeited kenaf or tobacco, etc. 72. Release of seized kenaf or tobacco, etc. 73. Authorized officer may seek assistance to examine things related to offence 74. Power to take sample 75. Appointment of analysts 76. Certificate of analysis 77. Examination or testing of seized kenaf, tobacco, etc. 78. No costs or damages arising from seizure to be recoverable 79. Power of the Board to require information on kenaf or tobacco, etc. Part VIII GENERAL 80. Close seasons 81. Duty to maintain secrecy 82. Offence committed by body corporate 83. Abetments and attempts punishable as offences 84. Compounding of offences 85. Institution and conduct of prosecution 86. Joinder of offences 87. Rewards 88. Protection of informers 89. Power to exempt 90. Amendment of Schedule National Kenaf and Tobacco Board Section 91. Regulations 92. Acts done in anticipation of the enactment of this Act Part IX REPEAL, SAVINGS AND TRANSITIONAL 93. Repeal and dissolution 94. Transfer of powers, etc. 95. Transfer of property 96. Existing contracts 97. Transfer of moneys in funds 98. Membership of dissolved Board 99. Continuance of officers and servants 100. Savings for licence and register 101. Activity to which a licence under this Act applies 102. Continuance of pending applications, etc. 103. Continuance of civil and criminal proceedings 104. Reference in law or document to dissolved Board 105. Continuance of use of name 106. Prevention of anomalies Schedule 7 8 Laws of Malaysia Act 692 National Kenaf and Tobacco Board 9 LAWS OF MALAYSIA Act 692 NATIONAL KENAF AND TOBACCO BOARD ACT 2009 An Act to establish the National Kenaf and Tobacco Board, to make better provisions in respect of the kenaf industry and tobacco industry of Malaysia, to dissolve the National Tobacco Board; and to provide for consequential and incidental matters. [1 April 2010, P.U. (B) 154/2010] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Kenaf and Tobacco Board Act 2009. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “member” means a member of the Board and includes an alternate member; 10 Laws of Malaysia Act 692 “barn” means a building or part thereof constructed, adapted or used for curing tobacco therein; “research finding” means any result from a research and development activity and includes an invention and improvement in any process, apparatus, machine or technique; “prescribed” means prescribed by regulations made under this Act; “kenaf industry” means any activity which involves planting, processing, manufacturing and marketing of, or conducting research on, kenaf, kenaf products or kenaf derivatives and includes any industry or services related thereto; “tobacco industry” means any activity which involves planting, processing, manufacturing and marketing of, or conducting research on, tobacco, tobacco products or tobacco derivatives and includes any industry or services related thereto; “analyst” means an analyst appointed under section 75; “rules” and “regulations” mean any rules and regulations made under this Act; “kenaf product” means any product originated from kenaf or any mixture containing kenaf such as cordage, paper, textile and bio-composite; “tobacco product” means cigarette or cigar or any other form of products originated from tobacco including any mixture containing tobacco which is designed for human consumption but excludes any medicinal product controlled under the Poisons Act 1952 [Act 366] or the Control of Drugs and Cosmetics Regulations 1984 [P.U. (A) 223/1984]; “kenaf” means Hibiscus cannabinus from the plant species of the Hibiscus or any part thereof, and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids; “Director General” means the Director General of the Board appointed under section 19; National Kenaf and Tobacco Board 11 “Fund” means the National Kenaf and Tobacco Board Fund established under section 22; “Cess Fund” means the Cess Fund established under section 26; “Board” means the National Kenaf and Tobacco Board established under section 3; “licence” means a licence issued under section 41; “close season” means a period declared to be a close season under section 80; “authorized officer” means— (a) an officer of the Board or public officer authorized under section 54; (b) a police officer not below the rank of Inspector; or (c) an officer of customs as defined under the Customs Act 1967 [Act 235]; “licensed purchaser” means a person licensed under section 39 to purchase cured tobacco; “licensee” means a person who is licensed under this Act; “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “licensed curer” means a person licensed under section 39 to plant and cure tobacco; “curing” means a process whereby tobacco leaves or other parts of a tobacco plant are dried for the purposes of preservation and maturation, and includes the process of flue-curing, air-curing, fire-curing and sun-curing; “fire-curing” means a process of curing whereby uncured tobacco is exposed in ventilated barns with an open fire to allow the smoke to come into contact with the tobacco; 12 Laws of Malaysia Act 692 “sun-curing” means a process of curing whereby uncured tobacco is exposed to the full rays of the sun for the major part of the curing period; “flue-curing” means a process whereby uncured tobacco is subjected to atmosphere heated by a controllable source of heat in a building or part thereof that is so constructed as not to permit the passage of more air and moisture thereinto or therefrom than is necessary for the success of the process; “air-curing” means a process of curing whereby uncured tobacco is ventilated in widely ventilated barns under natural atmospheric conditions with little or no artificial heat; “Classifier” means a person appointed as Classifier under section 20— (a) acting as expert in deciding— (i) the grades, standards and qualities of locally produced kenaf; (ii) the kenaf that does not conform to those grades, standards and qualities; (iii) the grades, standards and qualities of locally produced tobacco; or (iv) the tobacco that does not conform to those grades, standards and qualities; (b) acting as arbitrator in marketing disputes for kenaf and tobacco; “Chairman” means the Chairman of the Board and includes any person exercising the functions of Chairman and deemed to be the Chairman under section 9; “manufacturer”— (a) in the case of kenaf, means a person who manufactures kenaf or kenaf products and includes its subsidiary body that is a manufacturer; or National Kenaf and Tobacco Board 13 (b) in the case of tobacco, means a person who manufactures tobacco into a state in which it is fit for immediate consumption by smoking or otherwise and includes its subsidiary body that is a manufacturer; “certificate of authorization” means a certificate of authorization issued under subsection 41(2); “premises” means any place whether open or enclosed or whether on land or sea or whether movable or immovable and includes any house, factory, shop, conveyance, store, room, estate, smallholding, cubicle, shed or barn; “cigarette” means any product which consists wholly or partly of cut, shredded or manufactured tobacco, or of any tobacco derivative or substitute, rolled up in a single or more wrapper of paper, and which is capable of being immediately used for smoking; “cess” means the cess imposed under section 27; “appointed date” means the date on which this Act comes into operation; “tobacco” means the plant species of Nicotiana tabacum or any part thereof, whether in the uncured or cured state and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically e