Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“this Act” includes any subsidiary legislation made under this
Act;
“member” means a member of the Board and includes an alternate member;
Act 692
“barn” means a building or part thereof constructed, adapted or used for curing tobacco therein;
“research finding” means any result from a research and development activity and includes an invention and improvement in any process, apparatus, machine or technique;
“prescribed” means prescribed by regulations made under this
Act;
“kenaf industry” means any activity which involves planting, processing, manufacturing and marketing of, or conducting research on, kenaf, kenaf products or kenaf derivatives and includes any industry or services related thereto;
“tobacco industry” means any activity which involves planting, processing, manufacturing and marketing of, or conducting research on, tobacco, tobacco products or tobacco derivatives and includes any industry or services related thereto;
“analyst” means an analyst appointed under section 75;
“rules” and “regulations” mean any rules and regulations made under this Act;
“kenaf product” means any product originated from kenaf or any mixture containing kenaf such as cordage, paper, textile and bio-composite;
“tobacco product” means cigarette or cigar or any other form of products originated from tobacco including any mixture containing tobacco which is designed for human consumption but excludes any medicinal product controlled under the Poisons Act 1952
[Act 366] or the Control of Drugs and Cosmetics Regulations 1984 [P.U. (A) 223/1984];
“kenaf” means Hibiscus cannabinus from the plant species of the Hibiscus or any part thereof, and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids;
“Director General” means the Director General of the Board appointed under section 19;
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“Fund” means the National Kenaf and Tobacco Board Fund established under section 22;
“Cess Fund” means the Cess Fund established under section 26;
“Board” means the National Kenaf and Tobacco Board established under section 3;
“licence” means a licence issued under section 41;
“close season” means a period declared to be a close season under section 80;
“authorized officer” means—
(a)
an officer of the Board or public officer authorized under section 54;
(b)
a police officer not below the rank of Inspector; or
(c)
an officer of customs as defined under the Customs
Act 1967 [Act 235];
“licensed purchaser” means a person licensed under section 39
to purchase cured tobacco;
“licensee” means a person who is licensed under this Act;
“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;
“licensed curer” means a person licensed under section 39 to plant and cure tobacco;
“curing” means a process whereby tobacco leaves or other parts of a tobacco plant are dried for the purposes of preservation and maturation, and includes the process of flue-curing, air-curing, fire-curing and sun-curing;
“fire-curing” means a process of curing whereby uncured tobacco is exposed in ventilated barns with an open fire to allow the smoke to come into contact with the tobacco;
Act 692
“sun-curing” means a process of curing whereby uncured tobacco is exposed to the full rays of the sun for the major part of the curing period;
“flue-curing” means a process whereby uncured tobacco is subjected to atmosphere heated by a controllable source of heat in a building or part thereof that is so constructed as not to permit the passage of more air and moisture thereinto or therefrom than is necessary for the success of the process;
“air-curing” means a process of curing whereby uncured tobacco is ventilated in widely ventilated barns under natural atmospheric conditions with little or no artificial heat;
“Classifier” means a person appointed as Classifier under section 20—
(a)
acting as expert in deciding—
(i)
the grades, standards and qualities of locally produced kenaf;
(ii)
the kenaf that does not conform to those grades, standards and qualities;
(iii)
the grades, standards and qualities of locally produced tobacco; or
(iv)
the tobacco that does not conform to those grades, standards and qualities;
(b)
acting as arbitrator in marketing disputes for kenaf and tobacco;
“Chairman” means the Chairman of the Board and includes any person exercising the functions of Chairman and deemed to be the Chairman under section 9;
“manufacturer”—
(a)
in the case of kenaf, means a person who manufactures kenaf or kenaf products and includes its subsidiary body that is a manufacturer; or
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(b)
in the case of tobacco, means a person who manufactures tobacco into a state in which it is fit for immediate consumption by smoking or otherwise and includes its subsidiary body that is a manufacturer;
“certificate of authorization” means a certificate of authorization issued under subsection 41(2);
“premises” means any place whether open or enclosed or whether on land or sea or whether movable or immovable and includes any house, factory, shop, conveyance, store, room, estate, smallholding, cubicle, shed or barn;
“cigarette” means any product which consists wholly or partly of cut, shredded or manufactured tobacco, or of any tobacco derivative or substitute, rolled up in a single or more wrapper of paper, and which is capable of being immediately used for smoking;
“cess” means the cess imposed under section 27;
“appointed date” means the date on which this Act comes into operation;
“tobacco” means the plant species of Nicotiana tabacum or any part thereof, whether in the uncured or cured state and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids;
“cured tobacco” means tobacco that has undergone any process of curing.