My bookmarksSign up free

Animals Act 1953 Part II — Importation and exportation of animals and birds

s 5–s 17 · 13 sections

Power to make orders with regard to importation

s 5

(1) The Minister may make orders— (a) specifying the countries or the parts of any country from which animals and birds, or any specified kinds of animals or birds, may be imported, either with or without restriction; and (b) prohibiting, either absolutely or conditionally, the import from any specified country or any specified part of a country of any carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance that is likely to convey or spread disease. (2) Any person who contravenes any order made under paragraph (1)(b) shall be liable to a fine of five thousand ringgit or to imprisonment for a term of two years or to both.

No person to import any animal or bird without licence

s 6

(1) Except as specifically provided in any order made under paragraph 5(1)(a), no person shall import any animal or bird except in accordance with a licence in that behalf issued under this Act and in accordance with the conditions of such licence and such conditions as may be prescribed. (2) A licence to import any animal or bird under this Act may be obtained in any State by application made in writing to a State Director and upon payment of the prescribed fee. (3) Any person who imports an animal or bird contrary to subsection (1) shall be liable to a fine of five thousand ringgit or to imprisonment for a term of two years or to both.

Examination and detention of imported animals and birds

s 7

(1) Every animal or bird imported or about to be imported may be required to undergo an examination by a veterinary authority either at the place of arrival or at such other place as the veterinary authority may appoint and if any such animal or bird is considered likely to have been exposed to infection with any disease the veterinary authority may subject it to such biological or other test or treatment as he may think necessary, and may charge such fees for such examination, test or treatment as may be precribed. (2) Any such animal or bird may on importation be detained by a veterinary authority for observation, examination, test or treatment for such period and at such place as in the circumstances of the case he thinks proper.

Arrival of animals to be reported

s 8

(1) The master of any ship or aircraft and the guard of any train on board of which there is any animal or bird, whether such animal or bird is intended to be landed in Peninsular Malaysia or not, shall immediately on the first arrival of the ship, aircraft or train at a port, airfield or station in Peninsular Malaysia report the fact to a Port Officer or the officer in charge of the airfield or the station master, as the case may be, who shall without delay inform the nearest veterinary authority. (2) A veterinary authority may board any ship, aircraft or train for the purpose of examining such animal. (3) A Port Officer or officer in charge of an airfield or station master shall not permit any animal or bird which has arrived in Peninsular Malaysia to be landed from the ship or removed from the aircraft or the train until he is satisfied that the veterinary authority has granted a permit for the landing or removal of such animal or bird. (4) Subsection (3) shall apply, notwithstanding that a licence may have been granted under section 6 or that the animal or bird comes from a country or part of a country specified in an order made under paragraph 5 (l)(a). (5) (a) Any person who fails to make a report as required by subsection (1) shall be liable to a fine of fifty ringgit. (b) Any person who permits an animal or bird to be landed or removed contrary to subsection (3) shall be liable to a fine of two hundred ringgit.

Importation of diseased animal or bird and contact

s 9

(1) If any animal, bird or carcass which has been or is about to be imported is, in the opinion of a veterinary authority, infected with any disease or likely to have been in contact with any infected or diseased animal, bird or carcass or any other infected articles or materials, the veterinary authority may in his discretion either— (a) refuse to permit such animal, bird or carcass or any contacts thereof to be landed or removed; (b) cause such animal, bird or carcass and any contacts thereof to be destroyed at once and the carcass to be disposed of in such manner as he may direct; or (c) cause such animal, bird or carcass and any contacts thereof to be detained in quarantine for such period as he may consider necessary. (2) If any animal or bird is destroyed under paragraph (l)(b) the expense of disposing of the carcass shall be payable by the owner or person in charge. (3) No compensation shall be payable in respect of any animal or bird destroyed under this section.

Dogs and cats on board ship

s 10

(1) Any dog or cat imported by sea shall, unless a veterinary authority has authorized its landing, at all times while on board the ship in any port be confined in an enclosed part of the ship or in a cage or kennel. (2) If any dog or cat dies or is lost from a ship in any port the master of the ship shall immediately notify the veterinary authority of such death or loss. (3) The master of any ship on board of which any contravention of subsection (1) occurs or who fails without reasonable excuse to comply with subsection (2) shall be liable to a fine of one hundred ringgit.

Destruction of injured animals or birds

s 11

(1) If any animal or bird examined by a veterinary authority for the purposes of importation is found to be suffering from injury which in the opinion of the veterinary authority cannot be relieved, the veterinary authority may cause such animal or bird to be destroyed at once and its carcass to be disposed of in such manner as he may direct. (2) If any animal or bird is destroyed under this section the expense of disposing of the carcass of any animal or bird shall be payable by the owner or person in charge. (3) No compensation shall be payable in respect of any animal or bird destroyed under this section.

Permission to land carcass

s 12

(1) No person shall land from any ship or remove from any aircraft, train or vehicle the carcass of any animal or bird without the written permission of a veterinary authority who shall give directions as to the manner of its disposal. (2) Any person who lands or removes the carcass of an animal contrary to subsection (1) or fails to comply with any direction given by a veterinary authority as to the manner of disposal of carcass shall be liable to a fine of one hundred ringgit.

Destruction or disinfection of certain articles

s 13

Whenever it appears to a veterinary authority that any bedding, litter, fodder, dung, semen, personal belongings or other substance or material imported by land, sea or air may convey or spread disease, he may seize and detain the same and at his discretion may order its or their destruction or disinfection. Exportation

No person to export any animal without licence

s 14

(1) No person shall export any animal or the carcass of any animal except in accordance with a licence in that behalf issued under this Act and in accordance with the conditions of such licence and such conditions as may be prescribed. (2) A licence to export any animal or the carcass of any animal may be obtained in any State by application made in writing to a State Director and upon payment of the prescribed fee. (3) Any person who exports any animal or the carcass of any animal contrary to subsection (1) shall be liable to a fine of five hundred ringgit or to imprisonment for a term of six months or to both.

Exportation to Singapore

s 15

The owner or person in charge of any animal to be exported to Singapore shall produce evidence in writing of the permission of the Director General of Agri-Food and Veterinary Services of Singapore to import the animal into Singapore before any licence under section 14 is issued.

Examination before exportation

s 16

Every animal which is about to be exported may be required to undergo an examination by a veterinary authority at such place as the veterinary authority may appoint.

Exportation of diseased animal or bird

s 17

If any animal which is about to be exported is in the opinion of the veterinary authority infected with any disease the veterinary authority may refuse to permit such animal or any contacts of the animal to be exported.

Back to Animals Act 1953 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 November 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).

What to look at next