Offence committed by body corporate
Where a body corporate commits an offence under this Act or any of its subsidiary legislation, any person who at the time of the commission of the offence was a chief executive officer, director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
(a) may be charged severally or jointly in the same proceedings with the body corporate; and
(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of the offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i) that the offence was committed without his knowledge, consent or connivance; and
(ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
Failure to comply with lawful order
(1) The Minister may make any order as may be expedient or necessary for the better carrying out the provisions of this Act.
(2) Any person who fails to comply with any written order issued by the Minister 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.
Photograph of animal to be admissible as evidence
Photograph or a copy of the photograph of an animal shall be admissible as evidence in court if it involves unreasonable expenses or inconvenience for the animal to be brought to the court.
Protection against suits and legal proceedings
No action, suit, prosecution or other proceeding shall be brought, instituted or maintained in any court against—
(a) any member of the Board, any authorized officer or any registered veterinary surgeon for or on account of or in respect of any act ordered or done for the purpose of carrying into effect of this Act; and
(b) any other person for or an account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Minister, the Board or any officer duly authorized under this Act,
if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Compounding of offences
(1) The Board may, with the consent in writing of the Public Prosecutor, offer to compound any offence committed by any person under this Act or any of its subsidiary legislation by making a written offer to the person suspected of having committed the offence.
(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Board or any animal welfare officer that the Board has delegated such power in writing, may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3) W h e r e a n o ff e n c e h a s b e e n c o m p o u n d e d u n d e r subsection (1)—
(a) no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made; and
(b) any animal, carcass, conveyance, substance or other thing seized from any premises shall be released or forfeited by the animal welfare officer after taking into consideration the nature of the offence and the condition of the animal, carcass, conveyance, substance or other thing in accordance with the term and conditions of the compound.
Institution of prosecution
No prosecution for or in relation to an offence under this Act or any subsidiary legislation made under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
Power to make regulations
(1) The Minister may, after consulting the Board, make such regulations as may be expedient or necessary for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of subsection (1), regulations may be made for the following purposes:
(a) to prescribe all matters relating to subsection 24(1);
(b) to prescribe all matters relating to the handling of animals;
(c) to prescribe all matters relating to animals used in research, testing or teaching;
(d) to prescribe all matters relating to the managing and up keeping of the experimental, rescued, rehabilitated and captured animals;
(e) to prescribe matters relating to the maximum load, including any load occasioned by the weight of passengers, to be carried or drawn by any animal;
(f) to prescribe all matters relating to the precautions to be taken in the transport of animals whether by rail, road, inland waterway, sea or air and in the cages or other receptacles or any manner in which the animal may be so transported;
(g) to prescribe all matters relating to the handling of animals prior to the slaughter and the process of slaughtering;
(h) to prescribe all matters relating to the training, housing, upkeep, exhibition, display or depiction of performing animal or the breeding or sale of animals;
(i) to prescribe all matters relating to licensing;
(j) to prescribe the fees payable under this Act;
(k) to prescribe the offences which may be compounded;
(l) to prescribe all matters relating to the costs which are recoverable under this Act and any of its subsidiary legislation, the amounts of those costs or the method by which they are to be assessed, the persons liable for payment of the costs and the circumstances in which the recovery of costs may be remitted or waived in whole or in part;
(m) to prescribe all matters relating to the qualifications, experiences, conduct and duties of the animal welfare officer and voluntary animal welfare assistant;
(n) to prescribe all matters relating to improvement notices;
(o) to prescribe all matters relating to accepted veterinary management procedures;
(p) to regulate training providers or its organization in the field of animal welfare including the training modules; and
(q) to provide for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and their due administration.
(3) The regulations made under this section may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not more than ten thousand ringgit or imprisonment for a term not more than two years or both for such offence.
Power to amend Schedule
The Minister may, by order published in the Gazette, amend the Schedule to this Act.
Transitional provisions
(1) Any person who, on the date of the coming into operation of this Act, is undertaking an activity to which this Act applies shall, within six months from the date of the coming into operation of this Act, apply for a licence under section 16 and such application shall be treated as a fresh application and not as an application for renewal of a licence.
(2) Upon receipt of an application under subsection (1), the Board shall issue an acknowledgement of receipt to such person.
(3) Pending the determination of such application, such person may continue to undertake the activity.
Schedule [Section 15] Activities involving animals
The following activities are regarded as activities involving the use of animals for the purposes of this Act:
1. Animal boarding
2. Animal riding and spelling
3. Performing animal
4. Breeding of animals
5. Research, testing and teaching on animals
6. Animal rescue and rehabilitation
7. Activities relating to animal pound and animal shelters
8. Quarantine of animals
9. Animal training
10. Captivity of live animal for sale activities
11. Slaughtering of animals
12. Animal disposing
13. Strays controlling by any individual, organization or body corporate.
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).
