Section 47

enter any building, premises or land belonging to or in the occupation of any person;

search for any animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, or document as he may consider necessary;

Undang-Undang Malaysia 18

Akta A1452

carry out inspection and examination of any animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, or document and may open any package or receptacle as he may consider necessary;

collect any kind of sample, take any photograph via any means or including electronic means, enquire and record any information about the inspection and examination as he may consider necessary;

require the production of, inspect, make copies of, or take extracts from any books or documents found in the building or premises for the purpose of ascertaining by taking or otherwise; or

take any photograph, which may furnish evidence of the commission of an offence against this Act and the owner or the occupier of such building, premises or land shall render such veterinary authority or veterinary police officer all necessary assistance and furnish such information as may be required of him.

Power to stop and search conveyance 67a.  (1)  Where a veterinary authority, a police officer or an officer of customs has reasonable suspicion that a conveyance is carrying any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance in contravention of any provision of this Act or any subsidiary legislation made under this Act, it shall be lawful for such officer to stop, enter and examine the conveyance for the purpose of ascertaining whether any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is contained therein or is being moved or transported contrary to such provision and the person in control or in charge of the conveyance shall if required to do so by the officer, stop the conveyance and allow the officer to examine it.

The person in control or in charge of the conveyance examined under the provision of subsection (1) shall, on request of the veterinary authority, police officer or officer of customs, open all parts of the conveyance for examination by such officer and take measures necessary to enable the examination as the officer considers necessary to be made.

Binatang (Pindaan)

19

Power to seize, dispose and destroy animal or bird, or carcass, product of animals or birds, etc.

Where under this section any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document has been seized in respect of such offence then the veterinary authority, the police officer or the officer of customs may apply to a Magistrate for an order to detain the animal, bird, carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or document until the conclusion of such criminal proceedings.

If upon the application, the Magistrate is satisfied that, and where applicable, any of the said animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance—

If upon the application, the Magistrate is satisfied that any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is found to be imported or exported without any import or export licence, permit or certificate under the

Act or from an unknown source or any source not approved under the Act, he shall order the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be disposed of or destroyed immediately by the veterinary authority.

Notwithstanding any other provisions of this Act where a Magistrate is not immediately available under subsection (2), the veterinary authority may destroy, sell or otherwise dispose of any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance as he thinks fit.

The owner of the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance that has been seized under subsection (1)

shall pay such sum as the Magistrate may consider reasonable to cover the expenses connected with the removal to a place of detention and unless such sum is paid within a specified time the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance shall be forfeited.

Power to seal building, premises, etc.

The owner or the occupier of the building, premises, land or conveyance where applicable shall be responsible for the general care or the welfare of the animal or bird if any, the overall maintenance and safe keeping of the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document that has been sealed in the building, premises or land or the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or document inside the conveyance referred to in subsection (1).

It shall be an offence for a person without any written permission or lawful authority to break or tamper with the seal mentioned in subsection (1), or to remove any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document from such place or any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or document from such conveyance or any attempt to do so.

Power to temporarily return animal or bird, or carcass, product of animals or birds, etc., to the owner 68b.  (1)  Where under section 68, any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document has been seized and upon a written application by the owner of the same or person entitled to under any written law, a veterinary authority, a police officer or an officer of customs may at his discretion temporarily release or return it to the owner or person entitled to it and shall subject to—

A person who fails to surrender on demand to a veterinary authority, a police officer or an officer of customs any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any other article or substance, conveyance or document that is temporarily released or returned to him under subsection (1), or fails to comply with the terms and conditions imposed under paragraph (1)(a)

commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power to arrest

refuses to give his name and residence;

gives a name or residence which has reason to believe to be false;

he is likely to abscond; or

gives his residence in a place not within Malaysia.

Every person so arrested under subsection (1) shall without unnecessary delay be handed over to the nearest police officer or in the absence of a police officer be taken to the nearest police station.

The police officer shall re-arrest every person so arrested under subsection (1) and deal with it as provided for under section 24 of the Criminal Procedure Code

[Act 593].

Binatang (Pindaan)

23

Power of investigation 69a.  (1)  A veterinary authority shall have the power to investigate the commission of an offence against this Act.

A veterinary authority may, in relation to an investigation in respect of an offence committed against this Act, exercise the special powers in relation to police investigation except that of the power to arrest without warrant in a seizable offence given under the Criminal Procedure Code that may not be exercised by him.

Power to require attendance of person acquainted with case 69b.  (1)  Any veterinary authority making an investigation under section 69a may, by order in writing require the attendance before himself of any person who appears to the veterinary authority to be acquainted with the circumstances of the case, and the person shall attend as so required.

If the person fails to attend as so required, the veterinary authority may report the failure to a Magistrate who shall issue a summons to secure the attendance of the person as required by the order aforesaid.

Examination of person acquainted with case

The person shall be legally bound to answer all questions relating to the case put to him by the veterinary authority:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

Undang-Undang Malaysia 24

Akta A1452

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

The veterinary authority obtaining information from a person shall first inform that person of the provisions of subsections (2) and (3).

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make correction he may wish.

Admission of statements in evidence 69d.  (1)  Except as provided in this section, no statement made by any person to a veterinary authority in the course of an investigation under this Part shall be used in evidence.

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a veterinary authority in the course of an investigation under this Part and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraph 32(1)(a) of the

Evidence Act 1950.

Binatang (Pindaan)

When a person is charged with any offence in relation to—