Section 2
In this Act, unless the context otherwise requires—
of Standards of Malaysia Act 1996
“accreditation” means a procedure by which the Department gives attestation that a conformity assessment body is competent to carry out specific conformity assessment activity;
“authorized officer” means an officer of the Department or any public officer authorized under section 21A;
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“accreditation symbol” means a protected symbol applied or issued under the accreditation system established and operated by the
Department;
“certification” means a procedure by which a third party gives written assurance that specific requirements relating to a commodity, process, system, person, body, practice or service are fulfilled;
“commodity” means any article, product or thing that is a subject of trade or commerce;
“conformity assessment” means an activity of testing, calibrating, inspecting, certifying or any other activity as the Director General may determine for the purpose of demonstrating that the specific requirements relating to a commodity, process, system, person, practice or service are fulfilled;
“Council” means the Malaysian Standards and Accreditation
Council established under subsection 13(1);
“Department” means the Department of Standards, Malaysia which is responsible for national standardization and accreditation;
“Director General” means the Director General of the Department of Standards appointed under section 9;
“Institute” means the Standards and Industrial Research Institute of
Malaysia established under the Standards and Industrial Research
Institute of Malaysia (Incorporation) Act 1975 [Act 157];
“liabilities” means liabilities, debts, charges, duties, and obligations of every description (whether present or future, actual or contingent, and whether payable or to be observed or performed in Malaysia or elsewhere);
“Malaysian Standard” means a standard declared under section 15;
“mark” includes any device, brand, heading, label, ticket, name, signature, word, letter, numeral, and any combination thereof;
“mark of conformity” means protected mark, applied or issued under the rules of a certification system, indicating that adequate confidence is provided that the relevant commodity, process, system,
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person, practice or service is in conformity with a specific standard or other normative document;
“Minister” means the Minister for the time being charged with the responsibility for standards and accreditation;
“premises” includes any hut, shed, structure, platform, house, building, conveyance and land whether or not enclosed or built upon;
“property” includes—
(a)
all movable and immovable property and all interests, rights and liabilities, whether equitable or legal in, to or out of such property, chose in action, investments, money and goodwill; and
(b)
all rights and liabilities in respect of contracts in relation to the construction of buildings, and “vested”, in relation to property, includes rights to property which are future or contingent;
“provisional Malaysian Standard” means a standard which has not undergone the formal procedures of technical committees deliberation and public comment and —
(a)
which in the opinion of the Council is urgently needed; or
(b)
in respect of which the Minister considers that trial use thereof is necessary before it can be finalised;
“recognized body”, in relation to standard, means a legal or administrative entity that has specific tasks and composition, with acknowledged authority for publishing standards;
“regulations” means regulations made under section 22;
“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
“standard” means a document established by consensus and approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for activities or their
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results, aimed at the achievement of the optimum degree of order in a given context, with which compliance is not mandatory;
“standardization” means the activity of establishing, with regard to actual or potential problems, provisions for common and repeated use, aimed at the achievement of the optimum degree of order in a given context;
“successor company” means the company limited by shares incorporated under the Companies Act 1965 [Act 125] and named by the Minister in the order under subsection 3(1) to which property, rights, liabilities and functions of the Institute are transferred and vested in;
“technical regulation” means any written law that provides for technical requirements, either directly or by referring to or incorporating the content of a standard, technical specification or code of practice;
“vesting date” means the date on which all property, rights, liabilities and functions of the Institute are transferred to and vested in the successor company as specified by the Minister in the order under subsection 3(1).