Section 66
of Animal (Diseases and Quarantine) Act
Section 66
(1)
For the purpose of discharging his functions and duties under this
Act, the Director or an authorised officer may at any time require any person —
(a)
to produce to the Director or authorised officer for inspection or for the purpose of obtaining copies or extracts, or to provide the
Director or authorised officer with copies or extracts of, any book, shipping bill, bill of lading or other document or record that the
Director or authorised officer believes on reasonable grounds to contain any information relevant to the administration or enforcement of this Act; or
(b)
to furnish any information as the Director or authorised officer may reasonably require.
(2)
The Director or an authorised officer may record any information furnished by any person under subsection (1)(b) as a statement which shall be admissible as evidence in any proceedings in connection with any offence against this Act.
(3)
Any person who fails to comply with any requirement made by the
Director or an authorised officer under subsection (1)(a) or (b) is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.
Form and authentication of notices, orders and other documents 67.
(1)
All notices, orders and other documents of whatsoever nature which the Director is empowered to give by this Act may be in such form as the Director may determine, and may be given by any authorised officer.
(2)
Where any such notice, order or document requires authentication —
(a)
the signature of the Director or an authorised officer; or
(b)
an official facsimile of such signature, appended thereto shall be sufficient authentication.
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Inaccuracies in documents 68.
(1)
No misnomer or inaccurate description of any person, animal, premises, building, street, place or conveyance named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act shall in any way affect the operation of this Act as respects that person, animal, premises, building, street, place or conveyance if that person, animal, premises, building, street, place or conveyance is so designated in the notice, order or document as to be identifiable.
(2)
No proceedings taken under or by virtue of this Act shall be invalid for want of form.
Service of documents 69.
(1)
Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence against this Act may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his usual or last known place of residence;
(b)
by leaving it at his usual or last known place of residence or business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2)
Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons, as the
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case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3)
Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence against this Act may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises.
(4)
Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence against this Act is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
Limitation of liability 70.
No action shall be brought against the Director or any authorised officer, officer of customs or police officer, any other person acting under the direction of the Director in respect of anything done or omitted to be done by any of them in good faith in the exercise, performance or purported exercise or performance, of any powers or duties under this Act.
Exemption 71.
(1)
The Minister may, with the consent of His Majesty the Sultan and
Yang Di-Pertuan, by order, exempt any person, premises or animal or any class of persons, premises or animals from all or any of the provisions of this
Act, subject to such conditions as the Minister may determine.
(2)
The Minister may, on the application of any person, by notice in writing, exempt any person, premises or animal or any class of persons, premises or animals from all or any of the provisions of this Act or any direction issued or requirement imposed by the Minister under this Act if the
Minister considers it appropriate to do so in the circumstances of the case.
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(3)
An exemption under subsection (2) —
(a)
may be granted subject to such conditions as the Minister may specify by notice in writing; and
(b)
need not be published in the Gazette.
(4)
The Minister may at any time —
(a)
revoke any exemption granted; or
(b)
add to, vary or revoke any condition imposed, under this section.
Regulations 72.
(1)
The Minister may, with the consent of His Majesty the Sultan and
Yang Di-Pertuan, make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.
(2)
Without prejudice to the generality of subsection (1), the Minister may make regulations –
(a)
to provide for the designation of an authorised examiner, the conditions to be complied with by an authorised examiner and the suspension or revocation of any such designation;
(b)
to provide for the manner in which the quarantining, examination, treatment and certification of animals are to be carried out;
(c)
to regulate the import, export and transhipment of animals or carcases;
(d)
to provide for the prevention of the introduction and spread and for the control and eradication of diseases of animals;
(e)
to provide for the cleansing or disinfection of buildings or conveyance in which diseased animals or carcases have been kept or carried;
Animal (Diseases and Quarantine)
(f)
to provide for the disinfection of persons and the disinfection and treatment of animals or articles that have been in contact with diseased animals or carcases;
(g)
to regulate and control the sale, marketing and distribution of animals and their products;
(h)
to provide for the licensing, control, supervision and inspection of places in which animals are or may be kept in captivity for sale, export, exhibition, production, or any other purpose;
(i)
to provide for the inspection of premises subject to this Act and of conveyance used for the carriage of animals;
(j)
to provide for the control of pollution caused by animals and the imposition of fees and charges for the purpose of such control together with the time, place and manner of collection;
(k)
to provide for the control and improvement of animal production in respect of breeding, nutrition, health, management, husbandry and method of production;
(l)
to provide for the supply, collection and compilation of information and statistics of animals and their products;
(m)
to provide for the establishment and designation of quarantine stations;
(n)
to regulate the management and maintenance of quarantine stations and veterinary centres;
(o)
to prescribe the fees to be charged for the purposes of this Act;
(p)
to prescribe the offences which may be compounded under section 62 and the method and procedure by which such offences may be compounded; and
(q)
to prohibit or regulate the movement of persons and conveyances within, into or out of infected places.
(3)
The Minister may, in making any regulations, provide that any contravention of, or failure or neglect to comply with, any provision of the regulations or any directive issued by the Director pursuant to the regulations
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is an offence punishable with a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both.
Repeal 73.
The following subsidiary legislation in Chapter 47 are repealed —
(a)
the Quarantine and Prevention of Disease (Animals)
Regulations;
(b)
the Quarantine and Prevention of Diseases (Appointment of
Officers) Regulations;
(c)
the Quarantine and Prevention of Disease (Exportation of
Animals) Regulations.