Consumer Protection Act 1999

to securities as defined in the *Securities Industry

to futures contracts as defined in the *Futures Industry

to contracts made before the date on which this Act comes into operation;

in relation to land or interests in land except as may be expressly provided in this Act;

to services provided by professionals who are regulated by any written law; and

to healthcare services provided or to be provided by healthcare professionals or healthcare facilities.

(Deleted by Act A1298).

goods, includes obtaining goods by way of purchase, exchange or taken on lease, hire or hire-purchase;

services, includes accepting a service in any manner, and

by the display of notices;

by means of catalogues, price lists, circulars, labels, cards or other documents or materials;

by the exhibition of films or of pictures or photographs;

by means of radio, television, telecommunication or any other similar means;

acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and

does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of—

resupplying them in trade;

consuming them in the course of a manufacturing process; or

in the case of goods, repairing or treating, in trade, other goods or fixtures on land;

goods attached to, or incorporated in, any real or personal property;

animals, including fish;

vessels and vehicles;

utilities; and

trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;

medical, dental, nursing, midwifery, allied health, pharmacy, and ambulance services and any other service provided by a healthcare professional;

accommodation for the purpose of any healthcare service;

any service for the screening, diagnosis or treatment of persons suffering from, or believed to be suffering from any disease, injury or disability of mind or body;

any service for preventive or promotive health purpose;

any service by any healthcare para-profesional;

any service for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device or any other medical technology; or

any health related services including alternative and traditional medical services;

any person who holds himself out to the public as a manufacturer of the goods;

any person who affixes his brand or mark, or causes or permits his brand or mark to be affixed, to the goods;

where goods are manufactured outside Malaysia and the foreign manufacturer of the goods does not have an ordinary place of business in Malaysia, a person who imports or distributes those goods;

supplies goods to a consumer by transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire or hire-purchase to which that person is a party; or

supplies services to a consumer, and includes—

where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights;

a financier who has lent money on the security of goods supplied to a consumer, if the whole or any part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods;

a person who, in trade, assigns or procures the assignment of goods to a financier to enable the financier to supply those goods, or goods of that kind, to the consumer; and

a person who, in trade, is acting as agent for another person where that other person is not supplying in trade;

goods, means to supply or resupply by way of sale, exchange, lease, hire or hire-purchase;

services, means to provide, grant or confer;

engaging in a conduct shall be read as a reference to doing or refusing to do an act, and includes—

omitting to do an act; or

making it known that an act will or, as the case may be, will not, be done;

the acquisition of goods includes a reference to the acquisition of property in or rights in relation to goods pursuant to a supply of the goods;

the supply or acquisition of goods or services includes a reference to the agreement to supply or acquire goods or services;

the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other goods or services or both;

the supply or acquisition of services includes a reference to the supply or acquisition of services together with other goods or services or both;

the resupply of goods acquired from a person includes a reference to—

a supply of goods to another person in an altered form or condition; and

a supply to another person of other goods in which the acquired goods have been incorporated.

goods shall be treated as supplied at the time when the consumer acquires the right to possess the goods;

services shall be treated as supplied at the time when the services are provided, granted or conferred.

provides a remedy more advantageous to the consumer than the remedies provided under this