Establishment of the National Biosafety Board
(1) A board by the name of the “National Biosafety Board” is established.
(2) The Board shall consist of the following members who shall be appointed by the Minister:
(a) the Secretary General of the Ministry of Water, Land and Natural Resources who shall be the Chairman;
(b) a representative from the Ministry of Agriculture and Agro-based Industry;
(c) a representative from the Ministry of Health;
(d) a representative from the Ministry of Primary Industries;
(e) a representative from the Ministry of Domestic Trade and Consumer Affairs;
(f) a representative from the Ministry of International Trade and Industry;
(g) a representative from the Ministry of Energy, Science, Technology, Environment and Climate Change; and
(h) not more than four other persons who have the knowledge or experience or both in any of the disciplines or matters relevant to this Act.
(3) The provisions of the First Schedule shall apply to the Board.
(4) The Director General shall be the Secretary of the Board and shall carry out such duties as may be imposed by the Board.
(5) The Board shall be responsible to the Minister.
Functions of the Board
(1) The functions of the Board shall be as follows:
(a) to decide on all applications and matters under Part III and Part IV;
(b) to monitor activities relating to living modified organisms and products of such organisms;
(c) to promote research, development, educational and training activities relating to biosafety;
(d) to establish mechanisms to facilitate the collection, storage and dissemination of data relating to living modified organisms and products of such organisms and biosafety; and
(e) where so directed by the Minister, to perform or provide for the performance of the obligations arising from agreements, conventions or treaties relating to biosafety to which Malaysia is a party where such agreements, conventions or treaties relate to the purposes of this Act.
(2) The Board shall have power to do such things as the Board thinks fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
Establishment of the Genetic Modification Advisory Committee
(1) A committee by the name of the “Genetic Modification Advisory Committee” is established.
(2) The function of the Advisory Committee is to provide scientific, technical and other relevant advice to the Minister or the Board.
(3) The chairman of the Advisory Committee shall be appointed by the Minister.
(4) Such number, as may be approved by the Minister, of other members of the Advisory Committee shall be appointed by the Board.
(5) Members of the Advisory Committee shall consist of experts from various science-based and other relevant disciplines.
(6) The chairman and the members of the Advisory Committee shall hold office for such term as may be specified in their respective instrument of appointment and are eligible for reappointment.
(7) The appointment of the chairman of the Advisory Committee may at any time be revoked by the Minister and the appointment of any member of the Advisory Committee may at any time be revoked by the Board, without assigning any reason for such revocation.
(8) The chairman of the Advisory Committee may at any time resign his office by a written notice addressed to the Minister and a member of the Advisory Committee may at any time resign his office by a written notice addressed to the Board.
(9) In the absence of the chairman of the Advisory Committee at a meeting of the Advisory Committee, the members present may elect one of themselves to preside over the meeting.
(10) The Advisory Committee may invite any person to attend any meeting of the committee for the purpose of advising it on any matter under discussion, but the person so invited shall not be entitled to vote at any such meeting.
(11) Subject to subsections (9) and (10), the Advisory Committee may regulate its own procedure.
(12) The chairman and members of the Advisory Committee and any person invited to attend any meeting of the Advisory Committee may be paid such allowances and other expenses in connection with the work of the committee as the Minister, with the concurrence of the Minister of Finance, thinks fit.
(13) Without prejudice to the power of the Minister to issue general directions to the Advisory Committee under section 10, the Advisory Committee shall be responsible to the Board.
Board and Advisory Committee may establish committees and subcommittees
(1) The Board may establish such committees, and the Advisory Committee may establish such subcommittees, as the Board and Advisory Committee think necessary or expedient to assist them in the performance of their functions under this Act.
(2) The Board and the Advisory Committee may appoint any person to be a member of such committee or subcommittee, as the case may be, established under subsection (1).
(3) A committee or subcommittee established under this section may elect any of its members to be chairman and may regulate its own procedure.
(4) A committee or subcommittee may invite any person to attend any meeting of the committee or subcommittee for the purpose of advising it on any matter under discussion, but the person so invited shall not be entitled to vote at any such meeting.
(5) Members of a committee or subcommittee and any person invited to attend any meeting of the committee or subcommittee may be paid such allowances and other expenses in connection with the work of the committee or subcommittee as the Minister, with the concurrence of the Minister of Finance, thinks fit.
(6) A member of a committee or subcommittee shall hold office for such term as may be specified in his instrument of appointment and shall be eligible for reappointment.
(7) The appointment of any member of a committee or subcommittee may at any time be revoked by the Board or the Advisory Committee, as the case may be, without assigning any reason for such revocation.
(8) A member of a committee or subcommittee may at any time resign his office by a written notice addressed to the Chairman of the Board or the chairman of the Advisory Committee, as the case may be.
(9) A committee and subcommittee shall be subject to and act in accordance with any direction given to such committee or subcommittee by the Board or the Advisory Committee, as the case may be, in the performance of their functions.
Appointment of Director General and other officers
(1) There shall be appointed a Director General of Biosafety and such other officers, including enforcement officers, as may be necessary for the purposes of this Act.
(2) The Director General shall have general control of the officers appointed under subsection (1).
(3) In discharging his duties, the Director General shall act under the general authority and direction of the Board.
Delegation of functions of the Board
(1) The Board may, subject to such conditions, limitations or restrictions as it thinks fit to impose, delegate any of its functions, except the function under paragraph 5(1)(a), to—
(a) any member of the Board;
(b) the Advisory Committee or any of its members;
(c) any committee established by the Board; or
(d) the Director General.
(2) A delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the functions so delegated.
Power of Minister to give directions
The Minister may give general directions to the Board and Advisory Committee consistent with this Act, and the Board and the Advisory Committee shall, as soon as possible, give effect to such directions.
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).
