Malaysia legislation
Section 3
Section 3
Interpretation
“riot control agent” means any chemical not listed in Schedule 1, 2
or 3 which can produce rapidly in humans sensory irritations or disabling physical effects which disappear within a short time following termination of exposure;
“this Act” includes any subsidiary legislation made under this Act;
“member” means any member of the National Authority appointed under subsection 6(2);
“discrete organic chemical” means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula, if known, and Chemical
Abstracts Service registry number, if assigned;
“toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals, and includes precursors of toxic chemicals;
“prescribed” means prescribed by the Minister by regulations;
“International Inspector” means a person who holds a certificate issued by the Minister under subsection 38(2);
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“National Inspector” means a person who is appointed by the
Minister under subsection 5(1);
“facility” means any industrial site which comprises any of the following:
(a)
any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as—
(i)
administration and other offices;
(ii)
repair and maintenance shops;
(iii)
medical centres;
(iv)
utilities;
(v)
central analytical laboratories;
(vi)
research and development laboratories;
(vii)
central effluent and waste treatment areas; and
(viii)
warehouse storage areas;
(b)
any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as—
(i)
a small administrative section;
(ii)
storage or handling areas for feedstock and products;
(iii)
an effluent or waste handling or treatment area;
(iv)
a control or analytical laboratory;
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(v)
a first aid service section or a related medical section; and
(vi)
records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate;
(c)
any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
“Convention” means the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
“Minister”, unless otherwise expressly stated, means the Minister charged with the responsibility for foreign affairs;
“observer” means a representative of a requesting State Party to the
Convention or a third State Party to the Convention present in
Malaysia to observe a challenge inspection;
“challenge inspection” means the inspection of any facility or location in Malaysia or in any other place under the jurisdiction or control of Malaysia requested by another State Party pursuant to paragraphs 8 to 25 of Article IX of the Convention;
“conveyance” includes any ship, train, vehicle and aircraft and any other means of transport by which persons or goods can be carried;
“Chairman” means the Chairman of the National Authority as specified under paragraph 6(2)(a);
“Organization” means the Organization for the Prohibition of
Chemical Weapons established pursuant to Article VIII of the
Convention;
“National Authority” means the National Authority established under subsection 6(1);
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“precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multi-component chemical system;
“chemical weapon” means the following, together or separately:
(a)
toxic chemicals, except where intended for purposes not prohibited under the Convention as long as the types and quantities are consistent with such purposes;
(b)
munitions and devices specifically designed to cause death or other harm through the toxic properties of the toxic chemicals specified in paragraph (a) which would be released as a result of the employment of such munitions and devices;
(c)
any equipment specifically designed for use directly in connection with the employment of the munitions and devices specified in paragraph (b);
“purposes not prohibited under the Convention” means—
(a)
industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(b)
protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
(c)
military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;
(d)
law enforcement, including domestic riot control purposes.
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Prevailing law