Section 39 — ANIMALS (AMENDMENT) ACT 2013

(2)

Every order made under subsection (1) shall be published the appropriate State Gazette but shall come into operation immediately upon the making of the order.

(3)

No person shall take any dog out of a rabies-infected area or out of any State of which any part is a rabies-infected area except in accordance with a written permit issued by the State Director.

(4)

The owner or person in charge of any dog within a rabies-infected area shall cause such dog to be kept under effective control, either—

(a)

by confining it within an enclosed area from which it is impossible for the dog to escape;

(b)

by tying it up securely; or

(c)

by leading it by a chain or lead of strong cord or leather properly secured to a collar or harness worn by the dog:

32 Laws of Malaysia ACT 647

Provided that the State Director, if he is satisfied that any class of dogs, whether by reason of prophylactic treatment or otherwise, is immune from infection by rabies, may exempt such class of dogs from the requirements of this subsection subject to such conditions as he may think fit.

(5)

Any dog found within a rabies-infected area which is not under effective control in accordance with subsection (4) may be destroyed by any person authorized in writing in that behalf by the

State Director or the Chief Police Officer of a State, and any person so authorized may enter any land, building or premises for the purpose of carrying out the provisions of this subsection:

Provided that such person—

(i)

shall not enter into any dwelling house for such purpose except during the hours of daylight; and

(ii)

shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such land, building or premises.

(6)

Any person who—

(a)

contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months; and

(b)

contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Destruction or detention of animal suspected to be infected with rabies