ANIMAL WELFARE ACT 2015

Animal Welfare LAWS OF MALAYSIA Act 772 ANIMAL WELFARE ACT 2015 1 2 Laws of Malaysia Date of Royal Assent Act 772 ... ... 21 December 2015 Date of publication in the Gazette ... ... ... 29 December 2015 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Animal Welfare LAWS OF MALAYSIA Act 772 ANIMAL WELFARE ACT 2015 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title, application and commencement Interpretation Part II ANIMAL WELFARE BOARD 3. Establishment of Animal Welfare Board 4. Functions of the Board 5. Delegation of functions of the Board 6. Membership of the Board 7. Alternate members 8. Tenure of office 9. Allowances and expenses 10. Revocation of appointment and resignation 11. Vacation of office 12. Meeting of the Board 13. Committees 14. Power of Minister to give directions Part III LICENSING 15. Requirement for licence 16. Application and issuance of licence 17. Licence not transferable 18. Duration of licence 3 4 Laws of Malaysia Act 772 Section 19. Renewal of licence 20. Display of licence 21. Suspension and revocation of licence 22. Appeal to Minister 23. Barred from holding licence Part IV MATTERS RELATING TO ANIMAL WELFARE 24. Duties of owner or licensee 25. Improvement notices 26. Animals used in research, testing or teaching 27. Transportation of animals 28. Selling of animals to persons under the age of twelve years old Part V CRUELTY TO ANIMALS 29. Cruelty offences 30. Killing of animals 31. Administration of poisons 32. Animal fighting venture 33. Failure to exercise reasonable care and supervision Part VI ANIMALS IN DISTRESS 34. Powers in relation to animals in distress 35. Orders in relation to animals taken into possesion Part VII POWERS RELATING TO ENFORCEMENT 36. 37. Animal welfare officer Voluntary animal welfare assistant Animal Welfare 5 Section 38. Authority card 39. Power of investigation 40. Search and seizure without warrant 41. Power to enter premises 42. Power to stop, search and seize conveyance 43. Power to seal premises or conveyance 44. List of things seized 45. Orders to detain animals, carcass, etc., seized under this Act 46. Orders in relation to animals, carcass, etc., seized under this Act 47. Animal welfare officer may seek assistance to examine things relating to offence 48. Cost of holding animal, etc., seized 49. No costs or damages arising from seizure to be recoverable Part VIII ANCILLARY POWER OF THE COURT 50. Second and subsequent offence 51. Deprivation 52. Disqualification 53. Seizure of animals in connection with disqualification 54. Power of court to order destruction of animal 55. Forfeiture of item used in or related to the offences Part IX GENERAL 56. Offence committed by body corporate 57. Failure to comply with lawful order 58. Photograph of animal to be admissible as evidence 59. Protection against suits and legal proceedings 60. Compounding of offences 61. Institution of prosecution 6 Laws of Malaysia Section 62. Power to make regulations 63. Power to amend Schedule 64. Transitional provisions Schedule Act 772 7 Animal Welfare LAWS OF MALAYSIA Act 772 ANIMAL WELFARE ACT 2015 An Act to provide for the establishment of the Animal Welfare Board, to set out the functions of the Board, to promote the welfare and responsible ownership of animals, and for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Animal Welfare Act 2015. (2) This Act applies to Peninsular Malaysia and the Federal Territory of Labuan. (3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. 8 Laws of Malaysia Act 772 Interpretation 2. In this Act, unless the context otherwise requires— “prescribed” means prescribed by the Minister by subsidiary legislation made under this Act; “animal” means any living creature other than a human being and includes any beast, bird, aquatic animals, reptile or insect but does not include wildlife under the Wildlife Conservation Act 2010 [Act 716]; “performing animal” means any animal which is used for the purpose of any entertainment, exhibition, sports, audio-visual recording and animal shows; “carcass” means the dead body of an animal and includes any part of the body whether separately or otherwise; “animal welfare” includes the animal needs as specified in section 24; “Board” means the Animal Welfare Board established under section 3; “Minister” means the Minister charged with the responsibility for the agriculture and agro-based industry; “animal welfare officer” means any public officer appointed under section 36; “voluntary animal welfare assistant” means any qualified person appointed under section 37; “owner” means any person who owns any animal and includes any person for the time being in charge of any animal or any person occupying any premises; “conveyance” means any vehicle, vessel, ship, aircraft and any other mode of transportation whether by air, sea or land; “veterinary authority” has the meaning assigned to it under the Animals Act 1953 [Act 647]; Animal Welfare 9 “premises” includes any house, building, hut, shed, structure, platform, plant, licensed warehouse, container and land whether or not enclosed or built upon; “accepted veterinary management procedures” includes dehorning of cattle, nose roping of cattle, ear notching, ear tagging, clipping of furs, horns, tusks or nails, and making of marks on animals or any other procedures determined by the Board. Part II ANIMAL WELFARE BOARD Establishment of Animal Welfare Board 3. A body to be known as the “Animal Welfare Board” is established. Functions of the Board 4. (1) The Board shall have the following functions: (a) to monitor the work of associations or bodies established for the purpose of preventing trauma, pain or suffering to animals; (b) to monitor the work for the protection of animals, including animals in rescue homes, animal shelters or sanctuaries; (c) to monitor the situation of the place where the animals may find a shelter when the animals are infirmed or in need of protection; (d) to impart education in relation to the humane treatment of animals and to encourage the formation of public opinion relating to the infliction of trauma, pain or suffering to animals; (e) to promote the animal welfare by means of lectures, books, posters, cinematographic exhibitions and others; 10 Laws of Malaysia Act 772 (f) to advise the Minister on any matter relating to animal welfare, the prevention of infliction of trauma, pain or suffering on animals, the prevention of unnecessary killing and to provide for the welfare and wellbeing of the animal; (g) to administer, enforce and ensure the effective implementation of this Act; and (h) to discharge all such functions as authorized under this Act or subsidiary legislation made under this Act, including those functions that may be entrusted to the Board under the direction of the Minister. (2) In the exercise of its functions under this Act, the Board shall have the powers to issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. Delegation of functions of the Board 5. (1) The Board may, subject to the conditions or restrictions as it thinks fit to impose, delegate any of its functions, except the power of delegation, to— (a) any committee established under section 13; or (b) any public officer. (2) Any committee or public officer delegated with such functions shall be bound to observe and have regard to all conditions and restrictions imposed by the Board and all the requirements, procedures and matters specified by the Board. (3) Any function delegated under this section shall be performed and exercised in the name and on behalf of the Board. (4) The delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the delegated functions. Animal Welfare 11 Membership of the Board 6. (1) The Board shall consist of the following members: (a) the Director General of the Department of Veterinary Services, as Chairman; (b) a senior officer of the Department of Veterinary Services, who shall be appointed by the Minister as Deputy Chairman; (c) the Director General of the Department of Wildlife and National Parks Peninsular Malaysia or his representative; (d) the Director General of the Department of Fisheries or his representative; (e) the Director General of the Department of Local Government or his representative; (f) the dean of faculty in relation to veterinary, from a public institution of higher learning to be appointed by the Minister; (g) a senior officer of the Ministry of Agriculture and Agro-Based Industry to be appointed by the Minister; (h) a senior officer of the Ministry of Education to be appointed by the Minister; and (i) a senior officer of the Ministry of Health to be appointed by the Minister. (2) The Minister may, after consultation with the Board, appoint any person to be a member of the Board. (3) The Director of the Department of Veterinary Services and Animal Industry Sabah and the Senior Assistant Director (Veterinary) of the Department of Agriculture Sarawak shall be ex-officio members of the Board but shall not be entitled to vote at the meeting of the Board. (4) The Minister shall, after consultation with the Board, appoint a senior officer of the Department of Veterinary Services to be the Secretary to the Board. 12 Laws of Malaysia Act 772 Alternate members 7. (1) The Minister may, in relation to each member appointed under paragraph 6(1)(f), (g), (h) or (i), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Board when such member is unable to attend for any reason. (2) An alternate member who attends the meetings of the Board shall, for all purposes, be deemed to be a member of the Board. (3) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board. Tenure of office 8. Subject to such conditions as may be specified in his instrument of appointment, a member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) shall, unless he resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding three years and shall be eligible for reappointment for a term not exceeding three years. Allowances and expenses 9. The members of the Board, alternate member or any other person invited to any meeting of the Board under subsection 12(6) may be paid such allowances and other expenses as the Minister may from time to time determine with the concurrence of the Minister of Finance. Revocation of appointment and resignation 10. (1) The Minister may, at any time, revoke the appointment of any member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i). Animal Welfare 13 (2) Any member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office 11. (1) The office of a member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been con