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LAWS OF MALAYSIA

ANIMAL WELFARE BILL 2012

ARRANGEMENT OF CLAUSES

PART I

PRELIMINARY Clause 1. Short title, application and commencement 2. Interpretation

PART II

THE ANIMAL WELFARE BOARD 3. Establishment of the Animal Welfare Board 4. Term of Office and Conditions of Service of Members of the Board 5. Functions and Powers of the Board 6. Delegation of functions and powers of the Board 7. Power of Minister to give directions 8. Committees and sub-committees of the Board

PART III

LICENSING AND REGISTRATION 9. Licensing or registration of activities involving animals 10. Application for issuance or renewal of licence 11. Matters to be considered 12. Board to issue or renew or decline to issue or renew 13. Conditions of licence 14. Further conditions may be imposed 15. Licensee to ensure staff comply with conditions 16. Display of licence 17. Duration of a licence 18. Fees 19. Licence not transferable 20. Register of licence 21. Suspension and revocation 22. Appeal to Minister

23. Power of court to order revocation of licence

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PART IV

PROMOTION OF WELFARE 24. Duty of person responsible for animal to ensure welfare 25. Improvement notices 26. Uses of animals in research, testing and teaching 27. Transportation of animals 28. Transfer of animals by way of sale or prize to persons under 12

PART V

PREVENTION OF HARM 29. Cruelty Offences 30. Exception 31. Killing of Animals 32. Administration of poisons 33. Animal fighting ventures

PART VI

ANIMALS IN DISTRESS 34. Powers in relation to animals in distress

PART VII

ENFORCEMENT POWERS 35. Animal Welfare Officer 36. Voluntary Animal Welfare Assistant 37. Authority card 38. Power of arrest 39. Search and Seizure with warrant 40. Search and seizure without warrant 41. Warrant admissible notwithstanding defects 42. Power to seal premises and conveyance 43. Power to enter premises 44. Access to computerized Data 45. Power to stop, search and seize conveyances 46. List of things seized 47. Orders in relation to animals taken into possession 48. Power of Investigation

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49. Animal Welfare Officer may seek assistance to examine things relating to offence 50. Power to take sample 51. Power to require attendance of person acquainted with case 52. Examination of persons acquainted with case 53. Admissibility of statement in evidence

PART VIII

POST-CONVICTION POWERS 54. Imprisonment or fine 55. Deprivation 56. Disqualification 57. Seizure of animals in connection with disqualification 58. Supplementary 59. Destruction in the interests of the animal 60. Forfeiture of equipment used in offences 61. Termination of disqualification

PART IX

GENERAL PENALTY AND OFFENCES 62. Offence committed by body corporate 63. General penalty 64. Compounding of offences 65. Cost of holding seized animal, carcass or other things 66. No costs or damages arising from seizure to be recoverable

PART X

GENERAL 67. Obstruction of Animal Welfare Officer in the execution of their duty 68. Power to make regulations 69. Transition provisions

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A BILL

intituled An Act to establish the Animal Welfare Board, to promote the well-being and responsible ownership of animals, to make provisions about animal welfare and for connected purposes and for matters connected to it.

[ ]

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 2012.

(2) This Act applies only 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.

Interpretation 2. In this Act, unless the context otherwise requires –

“accepted veterinary management procedures” means any procedures and includes dehorning of cattle, or nose roping of cattle , ear notching, clipping of furs, horns, tusks or nails, ear tagging, and making of marks on animals or any other procedures determined by the Board from time to time;

"animal" any living creature other than a human being and includes any beast, bird , aquatic animals , reptile or insect, whether wild or tame

"Animal Welfare" means to provide the animal needs as stipulated under section 24;

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"Animal Welfare Organization" means any animal welfare organization, society, club or individual which involve in any animal welfare activity is registered with and licensed by the Board;

"Animal Welfare Officer" means any public officer appointed under Section 35;

"Board" means the Animal Welfare Board established under Section 3, and reconstituted from time to time under Section 4;

"conveyance" means any vehicles, vessel, ship, aircraft or any other mode of transportation whether by air, sea or land;

"experimental animals" means any animals used for experimental purposes in all fields of research, testing and teaching. "Institution" includes a person or a body of persons on whose behalf research, testing, or teaching is to be conducted;

"Minister" means the Minister charged with the responsibility for agriculture and agro-based industry;

"owner" includes any person for the time being in charge of any animal and any person for the time being in occupation of any premise;

"performing animal" means any animal which is used at or for the purpose of any entertainment, exhibition, sport, audiovisual recording and animal shows;

“premise” includes any hut, shed, structure, platform, house, building, plant, licensed warehouse, container and land, whether enclosed or built upon;

"prescribed" means prescribed by the Minister by regulations made under this Act ;

“veterinary authority” means Veterinary Officer or Assistant Veterinary Officer as prescribed in Animals Act 1953;

"Voluntary Animal Welfare Assistant" means any qualified person appointed under Section 36;

PART II

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THE ANIMAL WELFARE BOARD

Establishment of the Animal Welfare Board 3. (1) A body to be known as the Animal Welfare Board shall be established and shall consist of the following members:

(a) the Director General of Veterinary Services, who shall be the Chairman; (b) a Senior Officer to represent the Department of Veterinary Services appointed

by the Minister; (c) the Director General of Department of Wildlife and National Parks, or his

representative; (d) the Director General of the Department of Fisheries, or his representative; (e) the Director General of Department of Local Government or his representative; (f) the Dean of Veterinary Faculty, from a public institution of higher learning

appointed by the Minister; (g) a senior officer of the Ministry of Agriculture and Agro-Based Industry appointed

by the Minister; (h) the Director of the Department of Veterinary Services and Animal Industry

Sabah, who shall be an ex-officio member; and (i) the Senior Assistant Director of Veterinary of the Department of Agriculture

Sarawak, who shall be an ex-officio member.

(2) The Minister shall, after consulting the Board, appoint a senior officer of the Department of Veterinary Services to be the Secretary to the Board.

Term of office and conditions of service of Members of the Board 4. (1) Subject to such conditions may be specified in this instrument of appointment, a member of the Board appointed by minister shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and such member is eligible for reappointment.

(2) The Board shall meet at such places and times as the Chairman may appoint and at any meeting of the Board, five members shall form a quorum.

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(3) In the absence of the Chairman from any meeting, the member in section 3 (1) (b) shall preside the meeting

(4) The Board may invite any one or more persons to attend any meeting of the Board but a person so attending shall not have the right to vote at the meeting. (5) Notwithstanding anything contained in sub-section (1):

(a) the term of office of a Member shall continue as long as he holds the office by virtue of which he is such a Member;

(b) the term of office of a Member appointed, nominated, elected or chosen to fill a

casual vacancy shall continue for the remainder of the term of office of the Member in whose place he is appointed, nominated, elected or chosen;

(c) the Minister may, at any time, remove for reasons to be recorded in writing a

member from office after giving him a reasonable opportunity of showing cause against the proposed removal, and any vacancy caused by such removal shall be treated as casual vacancy for the purpose of clause (b);

(d) The Minister may, in respect of each of the member appointed by him, appoint

an alternate member to attend, in place of that member, meetings of the Board in the event that the member is for any reason unable to attend;

(e) When attending meetings of the Board, an alternate member shall, for all

purposes, be deemed to be a member of the Board. (6) The Members of the Board shall receive such allowances, if any, as the Board may provide by regulations made in this behalf. Provided that neither the salary and allowances nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment. (7) No act done or proceeding taken by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board and in particular, and without prejudice to the generality of the foregoing, during the period intervening between the expiry of the term for which the Board has been reconstituted under this section and its further reconstitution under same section, the members of the Board shall discharge all the powers and functions of the Board.

Functions and Powers of the Board 5. (1) The functions of the Board shall be

(a) to administer, enforce and ensure the effective implementation of this Act;

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(b) to advise the Minister in the making of regulations under this Act; (c) to monitor the work of, associations or bodies established for the purpose of

preventing trauma, pain or suffering to animals, or for the protection of animals in rescue homes, animal shelters, sanctuaries and the like where animals may find a shelter when they infirm or when they need protection;

(d) to impart education in relation to the humane treatment of animals and to

encourage the formation of public opinion against the infliction of trauma, pain or suffering to animals and for the promotion of animal welfare by means of lectures, books, posters, cinematographic exhibitions and the like;

(e) to advise the Minister on any matter connected with animal welfare, and

prevention of infliction of trauma, pain or suffering on animals, and prevention of unnecessary killing and to provide for their welfare and wellbeing;

(f) to discharge all such functions as authorized under this Act and regulations

framed under the Act, including those functions that may be entrusted to it under any order or direction of the Minister.

(2) Notwithstanding anything contained in any other law, but subject to the provisions of this Act, the Board shall have the powers, in the exercise of its functions under this Act, 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 and powers of the Board 6. The Board may, subject to such conditions and restrictions as it may impose, delegate to a committee or any public officer, any of its functions and powers other than this power of delegation. Power of Minister to give directions 7. The minister may, from time to time, give directions to the Board consistent with the provision of this Act and the Board shall give effect to all such directions. Committees and Sub Committees of the Board 8. The Board may establish committees and subcommittees, which may consist of persons who are not members of the Board, as it thinks fit for exercising any power or discharging any duty of the Board or for inquiring into or reporting and advising on any matter which the Board may refer to.

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PART III

LICENSING AND REGISTRATION

Licensing or registration of activities involving animals 9. (1) No person shall carry out an activity to which this subsection applies except under the authority of a licence for the purposes of this section.

(2) Subsection (1) applies to an activity in subsection (7) which—

(a) involves animals for which a person is responsible, and

(b) is specified for the purposes of the subsection by regulations made by The Minister.

(3) No person shall carry on an activity to which this subsection applies unless

registered for the purposes of this section. (4) Subsection (3) applies to an activity in subsection (7) which—

(a) involves animals for which a person is responsible, and

(b) is specified for the purposes of the subsection by regulations made by Minister.

(5) Regulations under subsection (2) or (4) may only be made for the purpose of

promoting the welfare of animals for which a person is responsible, or the progeny of such animals.

(6) Any person who contravenes subsection (1) or (3) commits an offence. (7) The Minister may by regulations make provision about licences or registration for

the purposes of these activities in this section as follow;

(a) Animal Welfare Organization, society or individual; (b) Performing Animals Organization or individual; (c) Animal Boarding Establishments; (d) Riding and Spelling Establishments; (e) Breeding of Animals establishments; (f) Experimental Animals Institution; (g) Rescue and Rehabilitation Establishments; (h) Zoos and Animal Parks; (i) Pound and Animal Shelters; (j) Private Quarantine Stations; (k) Animal Training Centers;

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(l) place where animals may be kept in captivity for sale; (m) service provider for strays control; (n) place where animals may be slaughtered; (o) Animal Disposing Establishment; (p) any other activities involving animal deem necessary.

Application for issuance or renewal of licence

10. (1) An application for the issuance or renewal of a licence is to be made to the Board in the prescribed form and manner and is to be accompanied by the prescribed fee and any prescribed information.

(2)An applicant must provide to the Board any other information relating to the application that the board reasonably requires for the proper consideration of the application.

(3) An application for the renewal of a licence must be made no later than 60 days before the day on which the licence is due to expire or at such later time as the Board, having regard to section 12 (2) (b), allows.

Matters to be considered

11. (1) When considering an application for the issue or renewal of a licence the Board is to have regard to —

(a) whether the applicant and the applicant’s staff are experienced and competent .

(b) whether the applicant has, or any of the applicant’s staff have, been convicted of an offence under this Act in the previous 3 years;

(c) whether a licence held by the applicant has ever been suspended or revoked or the applicant has ever been disqualified from holding a licence;

(d) whether the welfare, safety and health of the animals is adequately protected;

(e) any prescribed matters; and

(f) whether, in all other respects, the Board considers it appropriate for the applicant to hold the licence.

Board to issue or renew or decline to issue or renew

12. (1) After considering an application in accordance with section 10 the board is to —

(a) issue or renew the licence in the prescribed form; or

(b) decline to issue or renew the licence.

(2) If the Board declines to issue or renew a licence the Board is to give to the applicant written notice setting out the decision and the reasons for it —

(a) in the case of an application for the issue of a new licence, no more than 30 days after the decision is made; and

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(b) in the case of an application for a renewal, at least 30 days before the current licence expires.

Conditions of licence

13. (1) Every licence may subject to annual inspection and the condition prescribed in respect of licences of a class in which the licence belongs.

(2) Conditions prescribed for the purposes of subsection (1) may deal with any matter relating to the welfare, safety and health of the animals including —

(a) the place at which the animals may be used or kept;

(b) codes of practice that shall be complied with;

(c) the conditions under which the animals are, or are not, to be kept;

(d) the facilities and equipment that are, or are not, to be used in relation to the animals;

(e) the procedures to be followed by the licensee and the licensee’s staff and students in specified situations;

(f) the people who are, or are not, to be involved in the care of the animals; and

(g) animals may be identified prior to licensing.

Further conditions may be imposed

14. (1) When issuing or renewing a licence the Board may impose such other conditions as are set out in, or provided to the licensee with, the licence.

(2) The Board may amend or remove the conditions imposed on a licence under this section by giving at least 21 days written notice of the amendment to the licensee.

(3) Conditions imposed under this section may deal with any matter in respect of which conditions could be prescribed for the purposes of section 12(1).

Licensee to ensure staff comply with conditions

15. A licensee must take all reasonable steps to ensure that the licensee’s staffs comply with the conditions to which the licence is subject.

Display of licence

16. (1) Subject to subsection (2), a licensee must cause a copy of the licence to be exhibited to the public at each establishment.

(2) A licensee need not cause a copy of the licence to be exhibited at places where field work is being carried out but if a copy of the licence is not exhibited —

(a) the licensee must ensure that a person at the field site has a copy of the licence with him or her at that site; and

(b) that person must make the copy of the licence available to a member of the public on request.

(3) Any person who contravenes subsection (1) or (2) commits an offence

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Duration of a licence

17. A licence may remain in force up to 3 year for establishment, or any shorter period specified in it, unless before then it is suspended or revoked or the licensee is disqualified from holding the licence.

Fees

18. The Board shall prescribe fees for licence and registration application

Licence not transferable

19. A licence is not transferable.

Register of licence

20. (1) The Board is to keep a register of all licences showing, for each licence —

(a) the name of the licensee;

(b) whether it is a licence —

(i) to use animals for specific purposes; or

(ii) to carry on business supplying animals for use for scientific purposes,

and in the case of subsection (i), the scientific purposes for which the animals are or may be used;

(c) details of the places where the animals are or may be used or kept;

(d) the dates of issue, renewal and expiry;

(e) any conditions to which the licence is subject (other than those imposed by section 11);

(f) details of any suspension or revocation of the licence or disqualification of the licensee; and

(g) any prescribed details.

(2) A licensee must notify the Board of any change in the details referred to in subsection (1)(a), (c) or (g) within 14 days of the change occurring.

Suspension and revocation of licence

21. (1) The Board may, by giving written notice to the licensee, suspend a licence for up to 3 months if the Board is satisfied that —

(a) the licensee has, or any of the licensee’s staff have, committed an offence under this Act since the licence was issued or last renewed;

(b) if the licence was due for renewal, the Board would not, having regard to the criteria set out in section 10, renew it;

(c) in the case of a licence to use animals for scientific purposes, the relevant animal ethics committee has failed to comply with the scientific use code in relation to the licensee’s use of animals; or

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(d) for any other reason the welfare, safety and health of an animal would be under threat if the licence remained in force.

(2) The Board may, by giving written notice to the licensee, revoke a licence if —

(a) the Board is satisfied that the licence was obtained by fraud or misrepresentation; or

(b) the licence is suspended and the Board is satisfied, during the 14 days before the end of the suspension period, that the licensee has not taken reasonable steps to ensure that the grounds for the suspension have been remedied and will not recur.

(3) When revoking a licence the Board may also disqualify the licensee from applying for another licence before the date on which the revoked licence would have lapsed if it had not been revoked.

(4) Before exercising a power referred to in subsection (1) or (2) the Board is to —

(a) give the licensee written notice —

(i) stating the intention to suspend or revoke the licence;

(ii) setting out the grounds for the intended suspension or revocation; and

(iii) advising that the licensee has 14 days (or any longer period the Board considers appropriate) within which to respond to the notice;

and

(b) have due regard to any response to the notice made within that time.

(5) A licensee must deliver a suspended or revoked licence to the Board as soon as practicable, and in any event within 14 days, after the suspension or revocation.

(6) Subject to subsection (2)(b), a suspended licence delivered to the Board under subsection (5) is to be returned to the licensee as soon as practicable after the end of the suspension period.

Appeal to Minister

22. (1) Any person aggrieved by the refusal of the Board to issues or renew any licence or by the suspension or revocation of any licence, may appeal to the Minister in the prescribed manner against such refusal, suspension or revocation within thirty days from the date of such refusal, suspension or revocation.

(2) The Minister may, after considering the appeal, make such order as he deems fit and that order shall be final.

Power of court to order revocation of licence

23. (1) Where any person is convicted of an offence under this Act, the court may, in addition to the penalty that it may impose, order his licence to be revoked.

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(2) Where any person to whom a licence has been issued under this Act is convicted of a second or subsequent offence under this Act, the court may, in addition to the penalty that may be imposed, direct that such person be disqualified from holding a licence under this Act for a period not exceeding five years as the court may specify.

(3) Any person who obtains or attempts to obtain a licence while he is disqualified under the subsection (2) commits an offence and shall on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one month or to both and for second or subsequent offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or both.

PART IV

PROMOTION OF WELFARE

Duty of person responsible for animal to ensure welfare

24. (1) For the purposes of this Act, an animal’s needs shall be taken to include—

(a) its need for a suitable environment,

(b) its need for a suitable diet,

(c) its need to be able to exhibit normal behaviour patterns,

(d) any need it has to be housed with, or apart from, other animals, and

(e) its need to be protected from pain, suffering, injury and disease.

(2) A person commits an offence if he does not take such steps as are reasonable in all

the circumstances to ensure that the needs of an animal under subsection (1) for which

he is responsible are met to the extent required by good practice as prescribed;

(3) The circumstances to which it is relevant to have regarded when applying

subsection (2) include, in particular—

(a) any lawful purpose for which the animal is kept, and

(b) any lawful activity undertaken in relation to the animal.

(4) Nothing in this section applies to the lawful destruction of an animal for any

purposes in an appropriate and humane manner;

(5) A person commits an offence if he does not take such steps in humane handling,

killing or slaughtering of animals;

(6) Killing by shooting with firearms is prohibited for dogs, cats and any other animals

which the Minister may from time to time, prescribed by notification in the Gazette

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unless it is authorized by the veterinary authority during emergency or for the

purposes of disease control.

Power of Animal Welfare Officer to issue improvement notices

25. (1) If an Animal Welfare Officer is of the opinion that a person is failing to comply with

section 24 (1), he may serve on the person a notice which—

(a) states that he is of that opinion,

(b) specifies the respects in which he considers the person is failing to comply with

that provision,

(c) specifies the steps he considers need to be taken in order to comply with the

provision,

(d) specifies a period for the taking of those steps, and

(e) explains the effect of subsections (2) and (3).

(2) Where a notice under subsection (1) is served, no proceedings for an offence under

section 24(1) may be instituted before the end of the period specified for the purposes of

subsection (1)(d) in respect of—

(a) the non-compliance which gave rise to the notice, or

(b) any continuation of that non-compliance.

(3) If the steps specified in an improvement notice are taken at any time before the end

of the compliance period, no proceedings for an offence under section 23(1) may be

instituted in respect of this Act —

(a) the non-compliance which gave rise to the notice, or

(b) any continuation of that non-compliance prior to the taking of the steps specified

in the notice.

(4) An Animal Welfare Officer may extend, or further extend, the compliance period

specified in an improvement notice.

Animals used in research, testing and teaching

26. (1) No person shall use animals in research, testing, and teaching unless, (a) all reasonable steps are taken to ensure that the physical, health, and

behavioural needs of those animals are met in accordance with both good practice and scientific knowledge;

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(b) when the animals are ill or injured, they shall receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress; and

(c) where, because of the nature of the research, testing, or teaching, the needs

referred to in section (a) cannot be fully met or the treatment referred to in section (b) cannot be provided, any degree of pain or distress is reduced to the minimum possible in the circumstances.

(2) A person or institution must not use animals for scientific purposes unless —

(a) the person or institution is —

(i) a scientific establishment that holds; or

(ii) a member of staff of, or a student at, a scientific establishment that holds, a licence authorising that use;

(b) the animal ethics committee of the scientific establishment has given approval by the board, in accordance with the scientific use code, for that person to so use the animals; and

(c) the person uses the animals in accordance with that licence and approval.

(3) No person or institution shall breed any experimental animal, unless approved to do

so in compliance with the regulations, made under this Act.

Transportation of animals

27.(1) It shall be the duty of any owner or operator of any land, air or water public utility

transporting any animals to provide in all cases adequate, clean, and sanitary facilities

including sufficient food and water for the safe conveyance and delivery thereof to their

consignee at the place of consignment as prescribe whenever necessary.

(2) No cruel confinement or restraint shall be made on such animals while being

transported.

(3) Any person who contravenes subsection (1) or (2) commits an offence

Transfer of pet animals by way of sale or prize to persons under 12

28.(1) A person commits an offence if he sells a pet animal to a person whom he has

reasonable cause to believe to be under the age of 12 years, except if -

(a) is accompanied by an adult; or

(b) the arrangement is one under which that person has the chance to win a pet animal as a prize with the written consent from the guardian.

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PART V

PREVENTION OF HARM Cruelty offences

29. (1) Any person who—

(a) cruelly beats, kicks, over-rides, over-drives, over-loads, tortures or terrifies any

animals; or

(b) causes or procures, or being the owner, permits any animal to be so used; or

(c) being in charge of any animal in confinement or in course of transport from one

place to another neglects to supply such animal with sufficient food or water; or

(d) by wantonly or unreasonably doing or omitting to do any act, causes any

unnecessary pain or suffering, or, being the owner, permits any unnecessary

pain or suffering to any animal; or

(e) causes, procures or , being the owner, permits to be confined, conveyed, lifted or

carried any animal in such manner or position as to subject it to unnecessary

pain or suffering; or

(f) employs or causes or procures or being the owner permits to be employed at

any work labor, any animal which in consequence of any disease, infirmity,

wound or sore, or otherwise is unfit to be so employed; or

(g) keeps or confines any animal in any cage or other receptacle which does not

measure sufficiently in height, length and width to permit the animal a

reasonable opportunity for its natural movement; or

(h) keeps any animal chained or tethered with a short or heavy chain or cord, or

hobbles the legs of animal; or

(i) being the owner of any animal fails to provide such animal with sufficient food,

drink or shelter; or

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(j) abandons any animal in circumstances which render it likely that it will suffer

trauma, pain or suffering by reason of relocation, starvation, thirst, injury, or

illness; or

(k) willfully or negligently permits any animal, of which he is the owner, to go out

unattended in any place while the animal is infected with contagious or

infectious disease or, permits any diseased or disabled or injured animal, of

which he is the owner, to die in any place; or

(l) offers for sale or without reasonable cause, has in his possession any animal

which is suffering in pain by reason of mutilation, starvation, thirst,

overcrowding or other ill treatment; or

(m) mutilates an animal in any manner including ear cropping, tail docking,

defanging, declawing, branding, piercing or kills any animal in any manner other

than as prescribed; or

(n) causes, procures or assists at fighting or baiting of any animal, or keeps, uses,

manages, or acts or assists in management of any premises or place for the

purpose , of fighting or baiting any animal, or permits any premises or place to

be so kept, manage, or used, or receives or causes or procures any person to

receive , money for the admission of any person to such premises or place; or

(o) promotes or takes part in any shooting match or competition wherein animals

are released from captivity for the purpose of such shooting; or

(p) organizes, participates, promotes or in any manner is associated with any sport

or activity involving the use of animals, where such animals are subjected to

cruelty either during the sport or activity itself, or while in training; or

(q) skins or roasts or kills for superstition or extracts parts of any live animals

through a procedure which causes pain and suffering, for the purpose of getting

skins, oils or other animal products; and

(r) dynamites or electrifies or poisons any streams or rivers or other water bodies

to kill, harvest or catch animals;

shall be guilty of an offence of cruelty.

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Exception

30. (1) The provisions in section 29 do not include the following acts.

(a) with respect to or performing acts which the Board has prescribed as accepted veterinary management procedures;

(b) baiting of any pest animals for the purpose of public health , disease control,

population control and relocation for conservation;

(c) feeding of animals as food for other animals in accordance to their natural

eating habits.

Killing of animals

31. (1) Without prejudice to subsection 24(6), the killing of any animal is prohibited except —

(a) when the animal is for human consumption;

(b)when the animal is incurably ill as determined and certified by a veterinary authority or registered veterinary surgeon ;

(c) when the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a veterinary authority or registered veterinary surgeon;

(d) when it is done to prevent an imminent danger to the life or limb of a human being;

(e) when done for the purpose of animal population control by any lawful authority; or

(f) any other reasons as determined and certified by a veterinary authority or registered veterinary surgeon.

(2) In this section, “incurably ill” means an animal that is fatally wounded or sick with a grave prognosis certified by a veterinary authority or registered veterinary surgeon.

Administration of poisons 32. (1) Any person commits an offence if, without lawful authority or reasonable excuse, he—

(a) administers any poisonous or injurious drug or substance to any animal, knowing it to be poisonous or injurious, or

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(b) causes any poisonous or injurious drug or substance to be taken by any animal, knowing it to be poisonous or injurious.

(2) In this section, references to a poisonous or injurious drug or substance include a

drug or substance which, by virtue of the quantity or manner in which it is administered or taken, has the effect of a poisonous or injurious drug or substance. Animal Fighting Ventures 33. (1) In this section- “ animal fighting venture” means any event that involves a fight between at least two animals and is conducted for the purposes of sport, wagering, or entertainment;

“animal fight” means an occasion on which an animal is placed with an animal, or with a human, for the purpose of fighting, wrestling or baiting;

(2) Any person commits an offence if he—

(a) causes an animal fight to take place, or attempts to do so;

(b) receives money for admission to an animal fight;

(c) publicises a proposed animal fight; (d) provides information about an animal fight to another with the

intention of enabling or encouraging attendance at the fight;

(e) makes or accepts a bet on the outcome of an animal fight or on the likelihood of anything occurring or not occurring in the course of an animal fight;

(f) takes part in an animal fight;

(g) has in his possession anything designed or adapted for use in connection with an animal fight with the intention of its being so used;

(h) keeps or trains an animal for use for in connection with an animal fight; or

(i) keeps any premises for use for an animal fight.

(3) Any person commits an offence if, without lawful authority or reasonable

excuse, he;

(a) is present at an animal fight; or

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(b) supplies or publishes or shows or possesses a audiovisual recording of an animal fight.

(4) Subsection (3)(b) does not apply if the recording is of an audiovisual animal fight that—

(a) took place outside Malaysia; or (b) took place before the commencement date; or (c) the supply of a audiovisual recording for inclusion in movie, documentary and

news; or (d) to the publication or showing of a audiovisual recording by means of its

inclusion in movie, documentary and news.

(5) In this section— “commencement date” means the date on which subsection (4) comes into force; “audiovisual recording” means a recording, in any form, from which a moving

image may by any means be reproduced and includes data stored on a computer disc or by other electronic means which is capable of conversion into a moving image.

(6) In this section —

(a) references to supplying or publishing a audiovisual recording are to supplying

or publishing a audiovisual recording in any manner, including, in relation to a audiovisual recording in the form of data stored electronically, by means of transmitting such data;

(b) references to showing a audiovisual recording are to showing a moving image

reproduced from a audiovisual recording by any means.

PART VI

Animals in distress

Powers in relation to animals in distress

34. (1) If a registered veterinary surgeon certifies that the condition of an animal is such

that it should in its own interests be destroyed, an Animal Welfare Officer may—

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(a) destroy the animal where it is or take it to another place and destroy it there, or

(b) arrange for the doing of any of the things mentioned in subsection (a).

(2) An Animal Welfare Officer may act under subsection (1) without the certificate of a

registered veterinary surgeon if it appears to him—

(a) that the condition of the animal is such that there is no reasonable alternative to

destroying it, and

(b) that the need for action is such that it is not reasonably practicable to wait for a

registered veterinary surgeon.

(3) An Animal Welfare Officer may take an animal into possession if a registered

veterinary surgeon certifies—

(a) that it is suffering, or

(b) that it is likely to suffer if its circumstances do not change.

(4) An Animal Welfare Officer may act under subsection (3) without the certificate of a

registered veterinary surgeon if it appears to him—

(a) that the animal is suffering or that it is likely to do so if its circumstances do not

change, and

(b) that the need for action is such that it is not reasonably practicable to wait for a

registered veterinary surgeon.

(5) The power conferred by subsection (3) includes power to take into possession

dependent offspring of an animal taken into possession under that subsection.

(6) Where an animal is taken into possession under subsection (3), an Animal Welfare

Officer may—

(a) remove it, or arrange for it to be removed, to a place of safety;

(b) care for it, or arrange for it to be cared for—

(i) on the premises where it was being kept when it was taken into

possession, or

(ii) at such other place as he thinks fit;

(c) mark it in any method or in any form, or arrange for it to be so marked, for

identification purposes.

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(7) A person acting under subsection (6)(b)(i), or under an arrangement under that

provision, may make use of any equipment on the premises.

(8) A registered veterinary surgeon or Animal Welfare Officer may examine and take

samples from an animal for the purpose of determining whether to issue a certificate under

subsection (1) or (3) with respect to the animal.

(9) If any registered veterinary surgeon or Animal Welfare Officer exercises a power under this section otherwise than with the knowledge of a person who is responsible for the animal concerned, he must, as soon as reasonably practicable after exercising the power, take such steps as are reasonable in the circumstances to bring the exercise of the power to the notice of such a person.

(10) A magistrates may, on application by a person who incurs expenses in acting under this section, order that he be reimbursed by such person as it thinks fit.

PART VII

ENFORCEMENT POWERS Animal Welfare Officer 35. (1) The Minister may appoint in writing such number of public officers to be Animal Welfare Officer as he thinks necessary for the purpose of this Act. (2) An Animal Welfare Officer may exercise all powers vested in him under this Act or any regulations made under this Act.

(3) The Board may draw up a list of persons whom the Board considers suitable for appointment by the Board to be an Animal Welfare Officer for purposes of this Act. (4) A person may be included in a list under subsection (4) as suitable for appointment as Animal Welfare Officer for all the purposes of this Act or only for such one or more of those purposes as may be specified in the list. (5) An Animal Welfare Officer shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this Act if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. Voluntary Animal Welfare Assistant 36. (1) The Board may appoint any qualified person in writing to be Voluntary Animal Welfare Assistant to assist Animal Welfare Officer for the purpose of this Act.

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(2) A Voluntary Animal Welfare Assistant may not exercise any powers under this Act or any regulations under this Act. Authority card 37. (1) There shall be issued to each animal welfare officer an authority card to be signed by the Chairman of the Board. (2) Whenever an Animal Welfare Officer exercises any of the powers under this Act or any regulations made 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 (1). Power of arrest 38. (1) An Animal Welfare Officer may arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act.

(2) An Animal Welfare Officer making an arrest under subsection (1) shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with according to the law relating to criminal procedure for the time being in force. Search and seizure with warrant 39. (1) If it appears to a Magistrate, upon written information on oath from an Animal Welfare Officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that—

(a) any premises has been used for or are about to be used for; or (b) there is in any premises evidence necessary to the conduct of an investigation

into,

the commission of an offence under this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing any Animal Welfare Officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

(2) A warrant issued under subsection (1) may authorize the Animal Welfare Officer to—

(a) search the premises, and seize any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing that is reasonably believed to furnish evidence of the commission of such offence;

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(b) take samples of any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing found in the premises for the purposes of ascertaining by testing or otherwise, whether the offence has been committed; and

(c) make copies of or take extracts from any book, record, document or other thing

found in the premises. (3) An Animal Welfare Officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary. (4) An Animal Welfare Officer may, in the exercise of his powers under this section, if it is necessary so to do—

(a) break open any outer or inner door of the premises or any fence, enclosure, gate or other obstruction to the premises, in order to effect entry into the premises;

(b) remove by force any obstruction to entry, search, seizure and removal as he is

empowered to effect under this section; and

(c) detain any person found in the premises until the search has been completed. (5) Where by reason of its nature, size or amount, it is not practicable to remove any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized under this section, the Animal Welfare Officer shall seal the conveyance, container or premises in which such animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing is found. Search and seizure without warrant 40. Whenever an Animal Welfare Officer has reasonable cause to believe that any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing in respect of which an offence has been committed is likely to be found in or on any place, premises, person or conveyance and that by reason of delay in obtaining a warrant under section 39 the object of the search may be frustrated or if he reasonably believes that an animal is suffering, he may, without warrant, with such assistance and force as is necessary— (a) enter and search such place or premises; (b) stop and search such person or conveyance; and (c) seize any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or

other thing which may be found and may be evidence of the commission of such offence.

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Warrant admissible notwithstanding defects 41. A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant, and any book, record, document, computer, equipment, animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing permit, licence, certificate, or other article seized under such warrant shall be admissible in evidence in any proceedings under this Act. Power to seal premises and conveyance 42. Where by reason of its nature, size or amount, it is not practicable to remove any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized under this section, the Animal Welfare Officer shall seal the conveyance, container or premises in which such animal, carcass, or other thing is found in exercise of the powers under sections 39 and 40. Power to enter premises 43. Notwithstanding sections 39 and 40, an Animal Welfare Officer may at any time enter any premises for the purpose of—

(a) inspecting any animal, carcass, cages, conveyance, contrivance, book, document or other thing as he considers necessary;

(b) verifying the accuracy of records or statement or any information given to an

Animal Welfare Officer; or

(c) collecting samples of any animal, carcass, cages, conveyance, contrivance, book, document or other thing or other substance found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed.

Access to computerized data 44. (1) Any Animal Welfare Officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise. (2) For the purpose of this section, the Animal Welfare Officer shall be provided with the necessary password, encryption code, decryption code, software or hardware or any other means required for his access to enable the comprehension of the computerized data. Power to stop, search and seize conveyances 45. (1) If a Animal Welfare Officer has reasonable cause to suspect that any conveyance is carrying any animal, carcass, cages, conveyance, contrivance, book, document or other

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thing in respect of which an offence under this Act or any regulations made under this Act, is being or has been committed, he may stop and examine the conveyance and may, if on examination he has reasonable cause to believe that such conveyance is or has been used for the commission of such offence, seize the conveyance and any animal, carcass, cages, contrivance, book, document or other thing found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence. (2) The person in control or in charge of the conveyance shall, if required to do so by the Animal Welfare Officer— (a) stop the conveyance and allow the Animal Welfare Officer to examine it; and (b) open all parts of the conveyance for examination and take all measures

necessary to enable or facilitate the carrying out of such examination as the Animal Welfare Officer considers necessary.

(3) Any person who contravenes subsection (2) commits an offence under this Act. List of things seized 46. (1) Where any seizure is made under this Act, the Animal Welfare Officer making the seizure shall prepare a list of animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized and of the premises in which it is found and shall sign the list. (2) The list prepared in accordance with subsection (1) shall be delivered immediately to—

(a) the occupant of the premises where the animal, carcass, cage, conveyance,

contrivance, book, document, drugs, or other thing seized is found; and

(b) the person in control or in charge of the conveyance, where the seizure is made under section 45.

(3) Where the seizure is made in or from any premises which is unoccupied, the Animal Welfare Officer shall whenever possible post a list of the things seized conspicuously at the premises. (4) Where the animal, carcass, cage, conveyance, contrivance, book, document, drugs or other thing is seized otherwise than in or from any premises, the Animal Welfare Officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the animal, carcass, cage, conveyance, contrivance, book, document, drugs or other thing seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence.

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(5) A notice under subsection (4) need not be given if the seizure is made from the owner, in the presence of the owner or with the knowledge of the owner. Orders in relation to animals taken into possession

47. (1) A magistrates may order any of the following in relation to an animal taken into

possession under this Act—

(a) that specified treatment be administered to the animal;

(b) that possession of the animal be given up to a specified person;

(c) that the animal be sold;

(d) that the animal be disposed of otherwise than by way of sale;

(e) that the animal be destroyed.

(2) If an animal is taken into possession when it is pregnant, the power conferred by

subsection (1) shall also be exercisable in relation to any offspring that results from the

pregnancy.

(3) The power conferred by subsection (1) shall be exercisable on application by—

(a) the owner of the animal, or

(b) any other person appearing to the court to have a sufficient interest in the

animal.

(4) A magistrate may not make an order under subsection (1) unless—

(a) it has given the owner of the animal an opportunity to be heard, or

(b) it is satisfied that it is not reasonably practicable to communicate with the owner.

(5) Where a Magistrate makes an order under subsection (1), it may—

(a) appoint a person to carry out, or arrange for the carrying out, of the order;

(b) give directions with respect to the carrying out of the order;

(c) confer additional powers (including power to enter premises where the animal

is being kept) for the purpose of, or in connection with, the carrying out of the

order;

(d) order a person to reimburse the expenses of carrying out the order.

(6) In determining how to exercise its powers under this section, a Magistrate shall have

regard, amongst other things, to the desirability of protecting the animal's value and

avoiding increasing any expenses which a person may be ordered to reimburse.

(7) A person commits an offence if he intentionally obstructs a person in the exercise of

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any power conferred by virtue of this section.

Power of investigation 48. (1) An Animal Welfare Officer shall have all the powers necessary to carry out an investigation of the commission of an offence under this Act or any regulations made under this Act. (2) For the purpose of subsection (1), the Criminal Procedure Code shall apply and an Animal Welfare Officer shall have all the powers as provided for under the Criminal Procedure Code. Animal Welfare Officer may seek assistance to examine things relating to offence 49. An Animal Welfare Officer may seek the assistance of any person to examine any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized or detained under this Act if such person has the necessary qualification to examine such animal, cages, conveyance, contrivance, book, document or other thing for the purposes of an investigation under this Act. Power to take sample 50. An Animal Welfare Officer making an investigation under this Act may demand, select, take or obtain samples of animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing for the purposes of analysis without payment. Power to require attendance of persons acquainted with case 51. (1) The Animal Welfare Officer making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required. (2) If any such person refuses to attend as required by an order made under subsection (1), the Animal Welfare Officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order. Examination of persons acquainted with case 52. (1) A Animal Welfare Officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer all questions relating to such case put to him by the Animal Welfare Officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

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(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions. (4) The Animal Welfare Officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3). (5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after— (a) it has been read to him in the language in which he made it; and (b) he has been given an opportunity to make any correction he may wish. Admissibility of statement in evidence 53. (1) Except as provided in this section, no statement made by any person to a Animal Welfare Officer in the course of an investigation made under this Act shall be used in evidence. (2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to an Animal Welfare Officer in the course of an investigation under this Act and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56]. (3) Where the accused had made a statement during the course of investigation, such statement may be admitted in evidence in support of his defense during the course of the trial. (4) Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or subsections 32(1)(a), (i) and (j) of the Evidence Act 1950. (5) When any person is charged with any offence in relation to the making or the contents of any statement made by him to an Animal Welfare Officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

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PART VIII

POST-CONVICTION POWERS Imprisonment or fine 54. (1) Any person convicted of an offence under any of sections 26, 29, 31 and subsections 32(1), 33(2), and 33(3) shall be liable on conviction to—

(a) a fine not exceeding RM 100,000.00 but not less than RM 20,000.00,or (b) an imprisonment for a term not exceeding three years , or to both.

(2) Any person convicted of an offence under section 9, 24, 27 and 28 shall be liable on

conviction to—

(a) a fine not exceeding RM 75,000.00 but not less than RM 15,000.00, or

(b) Imprisonment for a term not exceeding two years, or to both

(3) Any person guilty for a second or subsequent similar offence under this Act or any regulations made there under shall on conviction be liable to a fine not exceeding twice the original sum of fine for that offence and imprisonment for a term not less than three months.

(4) For the purposes of this section, a person shall be deemed to have permitted

cruelty offences or offences related to animal welfare or well being of animal within the meaning of this Act if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal from cruelty or the welfare or well being of animal ;

Provided that where a person is convicted of offence by reason only of his negligence, he shall not be liable to imprisonment without the option of a fine. Deprivation 55. (1) If the person convicted of an offence under any of sections 26, 29, and 31, subsections 32(1), 33(2), 33(3), and is the owner of an animal in relation to which the offence was committed, the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order depriving him of ownership of the animal and for its disposal.

(2) Where the owner of an animal is convicted of an offence under subsection 58(9) because ownership of the animal is in breach of a disqualification under subsection 58(1), the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order depriving him of ownership of the animal and for its disposal.

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(3) Where the animal in respect of which an order under subsection (1) or (2) is made has any dependent offspring, the order may include provision depriving the person to whom it relates of ownership of the offspring and for its disposal. (4) Where a court makes an order under subsection (1) or (2), it may—

(a) appoint a person to carry out, or arrange for the carrying out of, the order;

(b) require any person who has possession of an animal to which the

order applies to deliver it up to enable the order to be carried out; (c) give directions with respect to the carrying out of the order; (d) confer additional powers (including power to enter premises where

an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

(e) order the offender to reimburse the expenses of carrying out the

order.

(5) Directions under subsection (4)(c) may—

(a) specify the manner in which an animal is to be disposed of, or (b) delegate the decision about the manner in which an animal is to be

disposed of to a person appointed under subsection (4)(a). (6) Where a court decides not to make an order under subsection (1) or (2) in relation to an offender, it shall—

(a) give its reasons for the decision in open court, and (b) if it is a magistrates’ court, cause them to be entered in the register of

its proceedings. (7) Subsection (6) does not apply where the court makes an order under subsection 56(1) in relation to the offender. (8) In subsection (1), the reference to an animal in relation to which an offence was committed includes, in the case of an offence under section 33, an animal which took part in an animal fight in relation to which the offence was committed. (9) In this section, references to disposing of an animal include destroying it.

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Disqualification 56. (1) If a person is convicted of an offence to which this section applies, the court by or before which he is convicted may, instead of or in addition to dealing with him in any other way, make an order disqualifying him under the following situation, for such period as he thinks fit-

(a) from owning animals, (b) from keeping animals, (c) from participating in the keeping of animals, and (d) from being party to an arrangement under which he is entitled to

control or influence the way in which animals are kept. (e) from transporting animals, and

(f) from arranging for the transport of animals.

(2) Disqualification under subsection (1) may be imposed in relation to animals generally, or in relation to animals of one or more kinds. (3) The court by which an order under subsection (1) is made may specify a period during which the offender may not make an application under subsection 62(1) for termination of the order. (4) The court by which an order under subsection (1) is made may—

(a) suspend the operation of the order pending an appeal, or (b) where it appears to the court that the offender owns or keeps an

animal to which the order applies, suspend the operation of the order, and of any order made under section 57 in connection with the disqualification, for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the animal.

(5) Where a court decides not to make an order under subsection (1) in relation to an offender, it shall—

(a) give its reasons for the decision in open court, and (b) if it is a magistrates’ court, cause them to be entered in the register of

its proceedings.

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(6) A person who breaches a disqualification imposed by an order under subsection (1) commits an offence.

(7) This section applies to an offence under any of sections 9, 24, 25, 26, 27, 28, 29, 30 and 31, subsections 32(1), 33(2) and 33(3). Seizure of animals in connection with disqualification 57. (1) Where a court makes an order under subsection 56(1) and it appears to the court that the person to whom the order applies owns or keeps any animal contrary to the disqualification imposed by the order, it may order that all animals he owns or keeps contrary to the disqualification be taken into possession.

(2) Where a person is convicted of an offence under subsection 56(6) because of owning or keeping an animal in breach of disqualification under subsection 56(1), the court by or before which he is convicted may order that all animals he owns or keeps in breach of the disqualification be taken into possession.

(3) An order under subsection (1) or (2), so far as relating to any animal owned by the person subject to disqualification, shall have effect as an order for the disposal of the animal.

(4) Any animal taken into possession in pursuance of an order under subsection (1) or

(2) that is not owned by the person subject to disqualification shall be dealt with in such manner as the magistrates court may order.

(5) A court may not make an order for disposal under subsection (4) unless—

(a) it has given the owner of the animal an opportunity to be heard, or (b) it is satisfied that it is not reasonably practicable to communicate with

the owner.

(6) In this section, references to disposing of an animal include destroying it. Power of Magistrate in connection to seizure of animal 58. (1) The Magistrate by which an order under section 57 is made may—

(a) appoint a person to carry out, or arrange for the carrying out of, the order;

(b) require any person who has possession of an animal to which the

order applies to deliver it up to enable the order to be carried out; (c) give directions with respect to the carrying out of the order;

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(d) confer additional powers (including power to enter premises where

an animal to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

(e) order the person subject to disqualification, or another person, to

reimburse the expenses of carrying out the order.

(2) Directions under subsection (1)(c) may—

(a) specify the manner in which an animal is to be disposed of, or (b) delegate the decision about the manner in which an animal is to be

disposed of to a person appointed under subsection (1)(a).

(3) In determining how to exercise its powers under section 33 and this section, the court shall have regard, amongst other things, to—

(a) the desirability of protecting the value of any animal to which the order applies, and

(b) the desirability of avoiding increasing any expenses which a person

may be ordered to reimburse.

(4) In determining how to exercise a power delegated under subsection (2)(b), a person shall have regard, amongst other things, to the things mentioned in subsection (3)(a) and (b).

(5) If the owner of an animal ordered to be disposed of under section 33 is subject to a

liability by virtue of subsection (1)(e), any amount to which he is entitled as a result of sale of the animal may be reduced by an amount equal to that liability. Power of Magistrate to order destruction of animal 59. (1) The Magistrate by or before which a person is convicted of an offence under any of sections 29 and 31, subsections 24(2), 24(5), 24(6), 26,(2), 26(3), 32(1), 33(2), 33(3), and may order the destruction of an animal in relation to which the offence was committed if it is satisfied, on the basis of evidence given by a registered veterinary surgeon or animal welfare officer, that it is appropriate to do so in the interests of the animal.

(2) A Magistrate may not make an order under subsection (1) unless—

(a) it has given the owner of the animal an opportunity to be heard, or (b) it is satisfied that it is not reasonably practicable to communicate with

the owner.

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(3) Where a Magistrate makes an order under subsection (1), it may—

(a) appoint a person to carry out, or arrange for the carrying out of, the

order; (b) require a person who has possession of the animal to deliver it up to

enable the order to be carried out; (c) give directions with respect to the carrying out of the order (including

directions about how the animal is to be dealt with until it is destroyed);

(d) confer additional powers (including power to enter premises where

the animal is being kept) for the purpose of, or in connection with, the carrying out of the order;

(e) order the offender or another person to reimburse the expenses of

carrying out the order.

(4) In subsection (1), the reference to an animal in relation to which an offence was committed includes, in the case of an offence under subsection 33(1) and (2), an animal which took part in an animal fight in relation to which the offence was committed. Forfeiture of item used in offences 60. (1) Where a person is convicted of an offence under any of sections 29 and 31, subsections 22(2), 24(5), 24(6), 26,(2), 26(3), 32(1), 33(2), 33(3), and the Magistrate by or before which he is convicted may order any item related to the offence to be forfeited, and destroyed or dealt with in such manner as may be specified in the order.

(2) When animal, bird, carcass, conveyance or article has been seized under subsection 60 (1) but the person who is alleged to have committed the offence in unknown or cannot be found, the Magistrate may, if it is proved to his satisfaction that an offence has been committed in respect of such animal, bird, carcass, conveyance or article, order that such animal, bird, carcass, conveyance or article to be forfeited. Termination of disqualification 61. (1) A person who is disqualified by virtue of an order under section 56 or 58 may apply to the appropriate magistrate court for the termination of the order.

(2) No application under subsection (1) may be made—

(a) before the end of the period of one year beginning with the date on

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which the order is made, (b) where a previous application under that subsection has been made in

relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or

(c) before the end of any period specified under subsections 56(3),

58(3)orders with respect to licences and subsection (5) below in relation to the order.

(3) On an application under subsection (1), the Magistrate may—

(a) terminate the disqualification, (b) vary the disqualification so as to make it less onerous, or (c) refuse the application.

(4) When determining an application under subsection (1), the Magistrate shall have

regard to the character of the applicant, his conduct since the imposition of the disqualification and any other circumstances of the case.

(5) Where the Magistrate refuses an application under subsection (1), it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.

(6)The Magistrate may order an applicant under subsection (1) to pay all or part of the costs of the application.

PART IX

General Penalty And Offences Offence committed by body corporate 62. Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

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(b) where the body corporate is found to have committed the offence, shall be deemed to commit that offence unless, having regard to the nature of his functions in that capacity, he proves—

(i) that the offence was committed without his knowledge,

consent or connivance; and (ii) that he took all reasonable precautions and had exercised due

diligence to prevent the commission of the offence. General penalty 63. Any person convicted of an offence under this Act or any Regulations for which no penalty is specifically provided, shall be liable to a fine not exceeding fifty thousand ringgit but not less than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both. Compounding of offences 64. (1) The Board may, offer in writing to compound any offence committed by any person under this Act and prescribed to be a compoundable offence by making a written offer to such person to compound the offence upon payment to the Board of such amount not exceeding fifty per centum and not less than ten per centum of the amount of the maximum fine for that offence within such time as may be specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(3) If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Board may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4) Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made. Any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing is seized otherwise than in or from any premises in connection with the offence maybe release or forfeited by the Animal Welfare Officer in accordance with the terms and conditions of the compound.

(5) The Board may, in writing, delegate his functions and duties under this section to any Animal Welfare Officer subject to such terms and conditions as he thinks fit, but a delegation under this subsection shall not preclude the Board from performing or exercising the functions and duties that have been delegated.

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Cost of holding seized animal, carcass or other things 65. Where any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized under this Act is held in the custody of the Animal Welfare Officer pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly. No costs or damages arising from seizure to be recoverable 66. No person shall, in any proceedings before any court in respect of the seizure of any animal, carcass, cage, conveyance, contrivance, book, document, drugs, or other thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

PART X

GENERAL Obstruction of Animal Welfare officers in the execution of their duties 67. Any person who obstructs or assaults any Animal Welfare Officer in the execution of his duties under this act commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both. Power to make regulations 68. (1) The Minister may, after consulting the Board, make such regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of subsection (1), regulations may be made for the following purposes:

(a) to prescribe all matters relating to good practice with regards to animal welfare;

(b) to prescribe all matters relating to good practice with regards to animals used in research , testing and teaching;

(c) to prescribe all matter relating to application , renewal, suspension, and revocation of licence;

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(d) to prescribe matters to which animal ethics committees must have regard in considering, applications for approval of projects;

(e) to regulate the registration of premises in which animals are kept by owner or person in charge of such premises;

(f) to prescribe code of practice with regards to the maximum load (including

any load occasioned by the weight of passengers) to be carried or drawn by any animal;

(g) to prescribe the code of practice with regards to the use of any bit or harness in handling of animals;

(h) to prescribe the precautions to be taken in the transport of animals whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported;

(i) to prescribe the code of practice with regards to the handling of animals

prior to slaughter and slaughter process;

(j) to prescribe the offences which may be compounded;

(k) to prescribe forms and fees under this act;

(l) to prescribe the code of practice with regards to the training, housing, upkeep, exhibition, display, and depiction of performing animal and the breeding and sale of animals;

(m) to prescribe code of practice with regards to the managing and up keeping

of the experimental, rescued, rehabilitated and captured animals;

(n) to prescribe matters in respect of which costs are recoverable under this Act and the regulations made under this Act, the amounts of those costs or the method by which they are to be assessed, the persons liable for payment of the costs, and the circumstances in which the recovery of costs may be remitted or waived (in whole or in part);

(o) to prescribe the Animal Welfare Officer and Voluntary Animal Welfare

Assistant qualifications, experiences, conduct and duties;

(p) to prescribe the all matters relating to improvement notice; (q) to prescribe accepted veterinary management procedures;

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(r) to regulate training providers or its organisation in the field of animal welfare; and

(s) to provide for such other matters as are contemplated by or necessary for

giving full effect to, the provisions of this Act and their due administration. Transitional provisions 69. (1) Any person who, on the date of the coming into operation of this Act, has been operating such activities to continue their activities shall, within six months from the date of coming into operation of this Act, apply for a licence under Section 10.

(2) Upon received of an application under Subsection 10(1), Board shall issue an acknowledgement of receipt to such person.

(3) Where an application for licence is refused, the Board shall send a notice to the applicant notifying the applicant of refusal and the notice shall also direct the applicant to cease the operation within the period specified in the notice.

(4) Any person referred to in subsection 21(1) who is aggrieved by the decision of the Board in refusing to issue a licence to operate their operation may appeal to the Minister under Section 22.

(5) Any person referred to in section 22 may continue to undertake such activity pending determination of his application for licence or of his appeal to the Minister.