Short title and commencement
s 1
(1) This Act may be cited as the Deoxyribonucleic Acid (DNA) Identification Act 2009. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Deoxyribonucleic Acid (DNA) Identification Act 2009 Part I — Preliminary
Interpretation
s 2
In this Act, unless the context otherwise requires— “chemist” means any chemist attached to the Chemistry Department of Malaysia, and includes any science officer attached to the Chemistry Department of Malaysia; “forensic DNA analysis” means any analysis carried out for the purpose of determining a person’s identity; “DNA Databank” means the Forensic DNA Databank Malaysia established under section 3; “prescribed” means prescribed by the Minister by regulations made under this Act; “DNA” means deoxyribonucleic acid; “appropriate consent” means— (a) in relation to a person who is under the age of eighteen years, the consent in writing of his parent or guardian; (b) in relation to a person who has attained the age of eighteen years, the consent in writing of that person; or (c) in relation to a person in whom there is a condition of arrested or incomplete development of mind or body whether such condition arises from inherent causes or is induced by disease or injury and who is incapable of understanding the general nature and effect of a forensic DNA analysis or is incapable of indicating whether he consents or does not consent to give his intimate sample or non-intimate sample, the consent in writing of his parent or guardian; “offence” means any act or omission punishable by any law for the time being in force; “Head of DNA Databank” means the Head of Forensic DNA Databank Malaysia appointed under section 7; “Minister” means the Minister charged with the responsibility for internal security; “detainee” means a person arrested and detained under the Emergency (Public Order and Prevention of Crime) Ordinance 1969 [Ord. 5/1969] or the Dangerous Drugs (Special Preventive Measures) Act 1985 [Act 316]; “authorized officer” means any police officer not below the rank of Deputy Superintendent of Police; “government medical officer” means a registered medical practitioner in the public service and includes a registered medical practitioner in any teaching hospital of a university established under the Universities and University Colleges Act 1971 [Act 30]; “police officer” means any member of the Royal Malaysia Police; “drug dependant” means a person who is subject to such order or decision made pursuant to the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283]; “DNA profile” means genetic information derived from a forensic DNA analysis; “non-intimate sample” means— (a) a sample of hair other than the pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample; or (d) saliva; “intimate sample” means— (a) a sample of blood, semen or any other tissue or fluid taken from a person’s body, urine or pubic hair; or (b) a swab taken from any part of a person’s genitals (including pubic hair) or from a person’s body orifice other than the mouth.
Back to Deoxyribonucleic Acid (DNA) Identification Act 2009 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).
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