Malaysia legislation

Section 88

of CUSTOMS (AMENDMENT) ACT 2019

Section 88

Amendment of section 115

(a)

in the shoulder note, by substituting for the words “movable property” the word “goods”;

(b)

in subsection (1)—

(i)

by substituting for the words “movable property has been seized” the words “goods have been seized”;

(ii)

in paragraph (a)—

(A)

by substituting for the words “return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized” the words “return the goods to the owner thereof or to the person from whose possession, custody or control the goods were seized”; and

(B)

by substituting for the words “the movable property shall be surrendered” the words

“the goods shall be surrendered”;

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(iii)

in paragraph (b)—

(A)

by substituting for the words “return the movable property to the owner thereof or to the person from whose possession, custody or control it was seized” the words “return the goods to the owner thereof or to the person from whose possession, custody or control the goods were seized”;

(B)

by substituting for the words “the movable property is so returned to dispose of the same, such return being subject to” the words “the goods are so returned to dispose of the same, such return being subject to such terms and conditions as a senior officer of customs may impose and”;

(C)

in subparagraph (i)—

(CA) by substituting for the words

“for property” the words “for goods”; and

(CB) by substituting for the words

“the property or goods” the words “such goods”;

(D)

in subparagraph (ii), by inserting after the word “thereof” the words “, if any”; and

(E)

in subparagraph (iii), by inserting after the words “any written law” the words

“, if any”; and

(iv)

in paragraph (c)—

(A)

by substituting for the words “the moveable property, as appropriate in the circumstances, where it is a living creature” the words “goods, as appropriate in the circumstances, where the goods are living creatures”;

Customs (Amendment)

(B)

by substituting for the words “it is of a perishable” the words “the goods are of perishable”; and

(C)

by substituting for the words “and where it is so sold” the words “and where the goods are so sold”;

(c)

in subsection (2)—

(i)

in paragraph (a), by substituting for the words

“movable property” the word “goods”;

(ii)

in paragraph (b), by inserting after the words

“paragraph (1)(a)” the words “or (b)”;

(iii)

by substituting for the words “three years” the words “five years”; and

(iv)

by substituting for the words “ten thousand ringgit”

the words “one hundred thousand ringgit”;

(d)

in subsection (3), by substituting for the words “the movable property under paragraph (1)(a)” the words

“the goods under paragraph (1)(a) or (b)”;

(e)

in subsection (4), by substituting for the words “the property is returned under paragraph (1)(a)” the words

“the goods are returned under paragraph (1)(a) or (b)”;

and

(f)

by deleting subsection (7).

Amendment of section 115a