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← Child Act 2001

Child Act 2001 s 2

Child Act 2001 s 2

s 2 Interpretation

(1) In this Act, unless the context otherwise requires— “member of the family” includes a parent or a guardian, or a member of the extended family, who is a household member; “household member” means a person who ordinarily resides in the same household as the child; “probation hostel” means a hostel established or appointed under section 61 as a place of residence for children required to reside there under Part X; “Register” means the Register kept and maintained under section 118; “prescribed” means prescribed by regulations made under section 128; “hospital” means any Government hospital or any teaching hospital of a University; “foster parent” means a person, not being a parent or a relative of a child— (a) to whom the care, custody and control of a child has been given by order of a Court under paragraph 30(1)(e); or (b) permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control; “Child Welfare Committee”, in relation to a State, means a Committee appointed by the Minister to oversee the welfare of persons coming within the purview of Part X and to assist the probation officer in any district or area; “grave crime” includes— (a) the offences of murder, culpable homicide not amounting to murder or attempted murder; (b) all offences under the Firearms (Increased Penalties) Act 1971 [Act 37]; (c) all offences under the Internal Security Act 1960 [Act 82] punishable with imprisonment for life or with death; (d) all offences under the Dangerous Drugs Act 1952 [Act 234] punishable with imprisonment for more than five years or with death; and (e) all offences under the Kidnapping Act 1961 [Act 365]; “child”— (a) means a person under the age of eighteen years; and (b) in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 82 of the Penal Code [Act 574]; “probationer” means a child for the time being under supervision by virtue of a probation order; “extended family”, in relation to a person, means persons related by consanguinity, affinity or adoption to that person; “Director General” means the Director General of Social Welfare; “probation report” means a report prepared by a probation officer under subsection 90(13); “Board of Visiting Justices” means the Board of Visiting Justices appointed under section 64 of the Prison Act 1995 [Act 537]; “Board of Visitors” means the Board of Visitors appointed by the Minister under section 82; “Court” means the Court For Children or any other Court, as the case may require; “Court For Children” means the Court For Children constituted under section 11; “Magistrate’s Court” means a Court of a Magistrate of the First Class; “Supervising Court” means the Court For Children for the district or area in which a probationer is required to reside; “Magistrate” means a Magistrate of the First Class; “Council” means the Co-ordinating Council for the Protection of Children established under section 3; “Minister” means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the “Minister” is made, acting individually or jointly or in consultation, as the case may require; “Child Protection Team” means a team established by the Council under section 7; “probation officer” means a probation officer appointed under section 10; “senior police officer” has the same meaning as in the Police Act 1967 [Act 344]; “Social Welfare Officer” means any Social Welfare Officer in the Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer; “medical officer” means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a University; “police officer” has the same meaning as in the Police Act 1967; “prostitution” means the act of a person offering that person’s body for sexual gratification for hire whether in money or in kind; and “prostitute” shall be construed accordingly; “Protector” means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d) the State Director of Social Welfare of each of the States; (e) any Social Welfare Officer appointed under section 8; “owner”— (a) in relation to any place— (i) means the registered proprietor of the place; (ii) the lessee, including a sublessee, of the place whether registered or otherwise; or (iii) the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and (b) in relation to any conveyance, means the registered owner of the conveyance; “Registrar” means the Registrar of Children in Need of Protection appointed under subsection 9(2) and includes the Registrar General; “Registrar General” means the Registrar General of Children in Need of Protection appointed under subsection 9(1); “registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50]; “conveyance” includes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle; “child care provider” means a person who looks after one or more children for valuable consideration for any period of time; “occupier”— (a) means a person in occupation or control of any place; and (b) in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part; “guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child; “probation order” means a probation order made under section 98; “Henry Gurney School order” means an order made by a Court For Children sending a child aged fourteen years or above to a Henry Gurney School; “approved school order” means an order made by a Court For Children sending a child to an approved school; “contribution order” means a contribution order made under section 108; “centre” means a privately-owned shelter or institution approved by the Minister, set up for the care, protection and rehabilitation of children; “brothel” means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution; “Henry Gurney School” means a school— (a) established or appointed under section 73; and (b) under the direction and control of the Director General of Prisons and approved by the Minister for the education, training and detention of persons to be sent there in pursuance of Part X; “approved school” means a school established or appointed under section 65 and includes a centre; “place” includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance; “place of assignation” means any place where communication is established with any child either directly or through intermediary for purposes of prostitution; “place of refuge” means any place of refuge established or appointed under section 55; “place of safety” means any place of safety established or appointed under section 54; “place of detention”— (a) means any place of detention established or appointed under section 58; and (b) includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders; “probation period” means the period for which a probationer is placed under supervision by a probation order; “Deputy Director General” means the Deputy Director General of Social Welfare. (2) In this Act, unless the context otherwise requires, the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan shall each be regarded as a State.

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

Find Act 611 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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