Malaysia legislation

Section 2

of *TRADE DESCRIPTIONS ACT 2011

Section 2

In this Act, unless the context otherwise requires—

10 Laws of Malaysia

“this Act” includes any subsidiary legislation made under this Act;

“goods” includes ships, aircrafts, vehicles, animals, plants and crops and all kinds of movable property;

“electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology;

“advertisement” means every form of advertising (whether or not accompanied by or in association with spoken or written words or other writing or sounds and whether or not contained or issued in a publication) by the display of notices or by means of catalogues, price lists, circulars, labels, cards or other documents or materials or by the exhibition of films or of pictures or photographs, or by means of radio or television, or in any other way including through electronic means;

“ship” includes any boat and any other description of vessel used in navigation;

“precious metal” means gold, silver or platinum in its fine form or gold, silver or platinum alloy;

“supply” means—

(a)

in relation to goods, the supply, including resupply, by way of sale, exchange, lease, hire or hire-purchase of the goods; and

(b)

in relation to services, the provision by way of sale, grant or conferment of the services, by any means including through electronic means.

“Minister” means the Minister charged with the responsibility for domestic trade and consumerism;

Trade Descriptions 11

“Controller” means the Controller of Trade Descriptions appointed under section 3;

“Assistant Controller” means the Assistant Controller of Trade

Descriptions appointed under section 3;

“service” means a service of any description, whether industrial, trade, professional or otherwise but does not include anything done under contract of service;

“premises” means any place, stationary or otherwise established or set up by any person, whether such place is with or without enclosure, and includes vehicles, aircrafts, ships and any other vessel;

“standard of fineness”, in relation to articles made of precious metals, means the number of parts by weight of fine gold, silver or platinum in one thousand parts by weight of precious metal;

“publish”, in relation to an advertisement, means to place the advertisement before the public or any member of the public by any means, including through electronic means;

“Deputy Controller” means the Deputy Controller of Trade

Descriptions appointed under section 3.

Appointment of Controller, Deputy Controller, Assistant

Controllers, etc.