Section 18
of Animal Welfare Enactment 2015
Section 18
(1)
Any person who –
(a)
cruelly beats, kicks, overloads, ill-treats, tortures or terrifies any animal;
(b)
overrides or overdrives any animal, except for activities in relation to equestrian sports which is listed in the First Schedule to the Sports
Development Act 1997 [Act 576];
(c)
causes, procures or, being the owner, permits any animal to be over used;
(d)
being the owner of any animal, or being the person in charge of any animal in confinement, fails or neglects to provide such animal with sufficient food or drinks or shelter;
(e)
wantonly or unreasonably doing or omitting to do any act, causes any unnecessary pain or suffering, or, being the owner, permits any unnecessary pain or suffering to any animal;
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(f)
causes, procures or, being the owner, permits any animal to be confined, conveyed or lifted, or carried any animal in such manner or position as to subject such animal to unnecessary pain or suffering;
(g)
employs, causes, procures or being the owner permits to be employed at any work labour, any animal which in consequence of any disease, infirmity, wound or sore, or otherwise is unfit to be so employed;
(h)
mutilates any animals in any manner including ear cropping, tail docking, defanging, declawing, branding, piercing or debarking unless in the manner as determine and certified by a veterinary authority or a registered veterinary surgeon;
(i)
skins, roasts or kills any live animals for superstitious belief through a procedure which causes pain and suffering to the animals;
(j)
extracts any part of live animal through a procedure which causes pain and suffering to the animals for the purpose of getting skins, oils or other animal products;
(k)
dynamites, electrifies or poisons any streams, rivers or other water bodies for the purpose of killing, harvesting or catching animals;
(l)
keeps any animal chained or tethered by using a short or heavy chain or cord, or hobbles the legs of animal;
(m)
keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and width to permit the natural movement of the animal;
(n)
offers for sell any animals which is suffering in pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment;
(o)
possesses, without reasonable cause, any animal which is suffering in pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment;
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(p)
abandons any animal in circumstances which it is likely to suffer trauma, pain or suffering by reason of relocation, starvation, thirst, injury, or illness;
(q)
being the owner of any animal, willfully or negligently causes, any animal to go out unattended in any place while the animal is infected with infectious disease;
(r)
being the owner of animal, willfully or negligently causes, any disease, disabled or injured animal to die in any place;
(s)
causes, obtain or assists at fighting or baiting of any animal, or keeps, uses, manages, acts or assists in management of any premises or place for the purpose of fighting or baiting any animal, or permits any premises or place to be so kept, manage or used, or receive or causes or obtains any person to receive money for the admission of any person to such premises or place;
(t)
promotes or takes part in any shooting match or competition of which animals are released from captivity for the purpose of shooting; or
(u)
organizes, participates, promotes or in any manner is associated with any sport or activity involving the use of animals, where such animals are subjected to cruelty, either during the sport or activity itself or while in training, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2)
Notwithstanding subsection (1), the following acts shall not constitute as an offence of cruelty:
(a)
any acts to be accepted as veterinary procedures as prescribed in the Second Schedule;
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(b)
any baiting of any pest animals for the purposes of public health, disease control, population control and relocation for conservation done by any lawful authority or any person approved by the Director;
(c)
feeding of animals as food for other animals in accordance with their natural eating habits; or
(d)
any acts for the purpose of customary, ceremonial and religious rites or rituals which has been issued a special permit.
(3)
For the purpose of paragraph (2) (d), the Director may, upon written application of any person, issue such special permit.