Malaysia legislation
Section 43
Section 43
New sections 56a, 56b and 56c
The principal Act is amended by inserting after section 56
the following sections:
“Presumptive evidence 56a. Where the Director General or any person certified in writing by him to have special knowledge or skill in fisheries testifies in court under oath that any article or thing, as the case may be, is a fish, turtle including its part or derivative, fishing appliance, and any fish disease, fish breeding, fisheries management, fish genetic or fisheries forensic, it shall be presumed unless the contrary is proved that the article or thing, as the case may be, is a fish, turtle including its part or derivative, fishing appliance, and a fish disease, fish breeding, fisheries management, fish genetic or fisheries forensic.
Protection against suit and legal proceedings 56b. No action shall lie or prosecution shall be brought, instituted or maintained in any court against—
(a)
an authorized officer for or on account of or in respect of any act done or purported to be done by him; and
(b)
any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of an authorized officer, if the act done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying into effect the provisions of this Act.
Prohibition of fisheries activity 56c. (1) The Director General may issue notice on prohibition of fisheries activity in any area where pollutant is found within the Malaysian fisheries waters for a period as he deems appropriate or until such area has recovered.
(2)
Subject to subsection (1), any person conducting fisheries activity at such area prohibited by the Director General shall be guilty of an offence.
(3)
For the purposes of this section, the Director General may issue any guidelines for the implementation of subsection (1).”.
Amendment of section 57