Short title, application and commencement
(1) This Act may be cited as the Standards of Malaysia Act 1996 and shall apply throughout Malaysia. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for the coming into force of different provisions of the Act.
Interpretation
In this Act, unless the context otherwise requires— “accreditation” means a procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks; “certification” means a procedure by which a third party appointed by the Director General gives written assurance that a commodity, process, practice or service conforms with specified requirements; and “third party”, in relation to certification, means a body or person that is recognized as being independent of the parties involved as concerns the issue in question; “commodity” means any article, product or thing that is a subject of trade or commerce; “conformity assessment” means any activity concerned with determining directly or indirectly that relevant requirements are fulfilled; “Council” means the Malaysian Standards and Accreditation Council established under subsection 13(1); “Director General” means the Director General of the Department of Standards appointed under section 9; “Institute” means the Standards and Industrial Research Institute of Malaysia established under the Standards and Industrial Research Institute of Malaysia (Incorporation) Act 1975 [Act 157]; “liabilities” means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere); “mark” includes any device, brand, heading, label, ticket, name, signature, word, letter, numeral, and any combination thereof; “mark of conformity” means protected mark, applied or issued under the rules of a certification system, indicating that adequate confidence is provided that the relevant commodity, process, practice or service is in conformity with a specific standard or other normative document; “Minister” means the Minister for the time being charged with the responsibility for standards; “property” includes— (a) all movable and immovable property and all interests, rights and liabilities, whether equitable or legal in, to or out of such property, chose in action, investments, money and goodwill; and (b) all rights and liabilities in respect of contracts in relation to the construction of buildings, and “vested”, in relation to property, includes rights to property which are future or contingent; “provisional standard specification” means a standard specification which has not undergone the normal procedures of technical committees deliberation and public comment and— (a) which in the opinion of the Council is urgently needed; or (b) in respect of which the Minister considers that trial use thereof is necessary before it can be finalized; “registration” means a procedure by which a body appointed by the Director General indicates relevant characteristics of a commodity, process, practice or service or particulars of a body or person, in an appropriate, publicly available list; “regulations” means regulations made under section 22; “rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective; “specification” means a description of a commodity, process, practice or service by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, or other characteristics or a description of a commodity by reference to any mark or label on the commodity, and includes a glossary of terms, a definition, a symbol, and a recommended practice; “standard” means a document approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for products or related processes and production methods, with which compliance is not mandatory; and which may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method; “standardization” means the activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context; “standard mark” means a mark registered under the Trade Marks Act 1976 [Act 175] as a certification trade mark; “standard specification” means a specification that has been declared to be a standard specification pursuant to section 15; “successor company” means the company limited by shares incorporated under the Companies Act 1965 [Act 125] and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in; “vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).