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Animal Welfare Act 2015 Part VI — ANIMALS IN DISTRESS

s 34–s 35 · 2 sections

Powers in relation to animals in distress

s 34

(1) If a registered veterinary surgeon certifies in writing that an animal shall be destroyed, an animal welfare officer may destroy or arrange for the animal to be destroyed where it is or take it to another place for it to be destroyed. (2) Notwithstanding subsection (1), an animal welfare officer may destroy an animal without the certification of a registered veterinary surgeon if it appears to him that— (a) the condition of the animal is such that there is no reasonable alternative to destroy it; or (b) it is not reasonably practicable to get the certification of a registered veterinary surgeon at that time. (3) An animal welfare officer may take an animal into possession if a registered veterinary surgeon certifies that— (a) the animal is suffering; or (b) the animal is likely to suffer if it is not taken into possession. (4) An animal welfare officer may act under subsection (3) without the certificate of a registered veterinary surgeon if it appears to him that the animal is suffering or likely to suffer or is not reasonably practicable to get the certificate from a registered veterinary surgeon at that time. (5) A registered veterinary surgeon or an animal welfare officer may examine and take samples from any animal for the purposes of subsection (1) or (3). (6) If any animal is taken into possession under subsection (3), an animal welfare officer may— (a) remove the animal or arrange for it to be removed, to a safe place; (b) care for the animal or arrange for it to be cared for— (i) at the premises where the animal was placed when it was taken into possession; or (ii) at any other place as the animal welfare officer thinks fit; or (c) mark the animal by using any method or in any manner in accordance with this Act, or arrange for it to be marked, for identification purposes. (7) Any person may use any equipment at the premises referred to in paragraph (6)(b). (8) The registered veterinary surgeon or the animal welfare officer shall notify the owner or licensee if any registered veterinary surgeon or animal welfare officer exercises his powers under this section without the knowledge of the owner or the licensee. (9) The animal welfare officer may make an application to the court for the owner or the licensee to pay any cost and expenses incurred in carrying out his powers under this section. (10) For the purposes of subsections (3) and (4), “possession” includes the possession of the offspring of any animal taken into possession.

Orders in relation to animals taken into possession

s 35

(1) Subject to subsection (3), if any animal is taken into possession, a court may make an order to— (a) specify any treatment to be administered to the animal by a veterinary authority or any registered veterinary surgeon; (b) give up the possession of the animal to any other person; (c) direct for the selling of the animal; (d) direct the animal to be disposed by way of sale or otherwise; or (e) direct the animal or carcass to be destroyed. (2) If any animal is taken into possession when the animal is pregnant, the court may make an order under subsection (1), in relation to any offspring that results from the pregnancy. (3) A court may make an order under subsection (1) if— (a) there is an application by the owner or any other person who has sufficient interest to the animal; and (b) the owner or the licensee has been given an opportunity to be heard unless the court is satisfied that it is not reasonably practicable to communicate with the owner or the licensee. (4) If a court makes an order under subsection (1), the court may— (a) appoint any person to carry out or arrange for the carrying out of the order; (b) give directions in relation to the carrying out of the order; (c) confer additional powers to any person, including power to enter premises where an animal to which the order applies is placed for the purpose of carrying out of the order; or (d) order a person to pay any expenses to carry out the order. (5) A court, in exercising its power under this section, shall have regard to the necessity of protecting value of the animal and avoiding any increasing of expenses which a person may be ordered to pay. (6) Any person who intentionally obstructs a person in the exercise of any powers conferred under this section commits an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not more than one year or to both.

Back to Animal Welfare Act 2015 — full text

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

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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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