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← Pesticides Act 1974

Pesticides Act 1974 s 30

Pesticides Act 1974 s 30

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 30

(1) An appropriate Magistrate shall hold, under the relevant law, an inquiry or inquest in every case of death that may have been occasioned by a pesticide or in which a pesticide may have been involved, unless the case is one in which, under the relevant law, it is not necessary to hold, or the Magistrate is enjoined not to hold, an inquiry or inquest, as the case may be, by reason that criminal proceedings have been, or are about to be, instituted or commenced against any person for having caused the death. (2) The Magistrate shall, at least seven days before holding the inquiry or inquest, send to the Minister notice in writing of the time and place of holding the inquiry or inquest. (3) If, in the course of any inquiry or inquest, it appears to the Magistrate holding the inquiry or inquest that the death that is the subject matter thereof may have been occasioned by a pesticide or was one in which a pesticide may have been involved, he shall, unless— (a) the notice required by subsection (2) had been sent; or (b) a representative of the Minister is present at the inquiry or inquest, adjourn the inquiry or inquest, but before doing so he may take evidence to identify the body. (4) The Magistrate shall, at least seven days before holding the adjourned inquiry or inquest, send to the Minister notice in writing of the time and place of holding the adjourned inquiry or inquest. (5) A representative of the Minister appearing at an inquiry or inquest referred to in this section may, subject to the order of the Magistrate on points of law, examine any witness. (6) A copy of the notes of evidence and findings made in every such inquiry or inquest shall be furnished to the Minister without fee. (7) This section shall apply notwithstanding anything inconsistent therewith in the relevant law but shall otherwise be read and construed as one with the relevant law. (8) This section shall not apply to cases of loss of human life occasioned by accident of which notice is required by the Hydrogen Cyanide (Fumigation) Act 1953 to be given to the proper Minister thereunder. (9) In this section— "appropriate Magistrate" means the Magistrate to whom, under the relevant law, is forwarded by the officer in charge of a police district or a police station, the report of an investigation into the cause of a death; "relevant law" means the Criminal Procedure Code [Act 593] or the *Inquest Ordinance of Sabah [Ord. 6 of 1959] or Sarawak [Cap. 48], as the case may be.

Read this section in the full act → · Open Part VI →

Find Act 149 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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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