Is MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 still in force?

Yes — MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 is currently in force.

How many sections does MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 have?

MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 contains 84 sections.

MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 (No. 728)

Q: What is MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011?

*MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 is Malaysia Act, cited as Act 728 2011, currently marked in force and first recorded in 2011.

Q: When did MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 take effect?

MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 was first recorded in 2011.

Q: Where can I read the official version of MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011?

The official text of MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011 is published at lom.agc.gov.my.

PRELIMINARY

Short title and commencement

Section 1

(1)

This Act may be cited as the Malaysian Quarantine and

Inspection Services Act 2011.

(2)

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act in different states and Federal Territories of Malaysia.

8 Laws of Malaysia ACT 728

Act to be read together with the relevant written laws

Section 2

(2)

In the event of any inconsistencies between the provisions of this Act and the relevant written laws, excluding the Food Act 1983

[Act 281], the provisions of this Act shall prevail.

Interpretation

Section 3

In this Act, unless the context otherwise requires—

“relevant agency or department” means the agency or department responsible for the enforcement of the relevant written laws;

“appliance” has the same meaning assigned to it under the Food

Act 1983;

“contaminant” means any foreign, extraneous, toxic, noxious or harmful substance that is contained or present in or on any plant, animal, carcass, fish and agricultural produce including metal, microorganism and its toxin, drug residue, pesticide residue, radioactive residue or any chemical residue prohibited or permissible at a level specified in the relevant written laws;

“animal” has the same meaning assigned to it under the Animals

Act 1953 [Act 647] and includes bird;

“package” has the same meaning assigned to it under the Food Act 1983;

“bird” has the same meaning assigned to it under the Animals Act 1953;

Malaysian Quarantine and Inspection Services 9

“export” means to take or cause to be taken out of Malaysia by land, sea, inland waters or air any plant, animal, carcass, fish, agricultural produce, soil, microorganism, or food;

“fish” has the same meaning assigned to it under the Fisheries Act 1985 [Act 317];

“import” means to bring or cause to be brought into Malaysia by land, sea, inland waters or air any plant, animal, carcass, fish, agricultural produce, soil, microorganism, or food;

“Department” means the Department of Malaysian Quarantine and

Inspection Services;

“Coordination Committee” means the Coordination Committee for

Quarantine and Inspection established under section 10;

“carcass” means the dead body of an animal or fish, and includes the meat, bones (whether whole, broken or ground), offal, hide, skin, wool, hair, feathers, hoof, horns or other part of the dead animal or fish, separately or otherwise;

“agricultural produce” means any product from plant, animal, carcass or fish, whether processed or otherwise;

“Director General” means the Director General of Quarantine and

Inspection appointed under subsection 4(1);

“quarantine” means an official confinement of any plant, animal, carcass, fish, agricultural produce, soil or microorganism for observation, research, further inspection, testing or treatment;

“licence” means a licence issued under subsection 12(4);

“food” has the same meaning assigned to it under the Food Act 1983, and includes appliance and package;

“Minister” means the Minister charged with the responsibility for agriculture and agro-based industry;

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“microorganism” means any microorganism other than plant and animal and includes fungus, bacteria and virus;

“enforcement officer” means an enforcement officer appointed under section 5 or section 6, and includes the Director General and

Deputy Director General;

“inspection” means an examination of any plant, animal, carcass, fish, agricultural produce, soil, microorganism or food;

“conveyance” means any aircraft, vehicle, vessel or any other mode of transport whether by land, sea or air;

“certificate” means a certificate issued under subsection 12(4)

except health certificates and phytosanitary certificates;

“permit” means a permit issued under subsection 12(4);

“entry point” means any entry point or exit point as specified in the

First Schedule;

“premises” includes any hut, shed, structure, platform, house, building, plant, licensed warehouse, container and land, whether enclosed or built upon;

“quarantine premises” means any premises declared by the Director

General under paragraph 9(g);

“quarantine station” means the premises, as specified in the Second

Schedule, to quarantine any plant, animal, carcass, fish, agricultural produce, soil or microorganism;

“soil” includes earth, ground or other naturally occurring or processed organic and mineral material;

“quarantine procedure” means the testing, treating or disposing of any plant, animal, carcass, fish, agricultural produce, soil, or microorganism, or the doing of any other relevant action as the

Director General may determine;

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“plant” means any species of plant or any part thereof whether living or dead and includes the stem, branch, tuber, bulb, corn, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed or any other part or product of a plant whether severed or attached;

“relevant written laws” means the written laws as specified in the

Third Schedule.

MALAYSIAN QUARANTINE AND INSPECTION SERVICES

Appointment of Director General and other officers

Section 4

(2)

The appointment under subsection (1) shall be for such period and on such terms and conditions as may be specified in the instrument of appointment.

(3)

The period of appointment of the Director General shall not extend beyond the date of his compulsory retirement from the public service, but where he attains the age of such compulsory retirement he may be reappointed as Director General by the Minister on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.

(4)

A certificate of appointment in the form of an authority card shall be issued to the Director General and the Deputy Director

General appointed under subsection (1), and such card shall be signed by the Minister and shall be prima facie evidence of the appointment under this Act.

(5)

The Director General shall be responsible for the direction, control and supervision of all matters relating to this Act.

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Appointment of enforcement officers

Section 5

(1)

Subject to subsection (4), the Director General shall appoint such number of officers of the Department to be enforcement officers as he may consider necessary for the proper carrying out of this Act, whose ranks shall be determined by the Director General by order, for the purpose of carrying out the powers under section 9 and

Section 6

(2)

A certificate of appointment in the form of an authority card shall be issued to every enforcement officer appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act.

(3)

Whenever such enforcement officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (2).

Enforcement officers to exercise powers of Director General

Section 7

Subject to subsection 46(5), the enforcement officers shall have and exercise all powers conferred on the Director General by or under this Act.

(2)

An enforcement officer appointed under subsection (1) shall be subject to the direction, control and supervision of the Director

General or any other enforcement officer superior to the enforcement officer in rank, and the enforcement officer shall exercise his powers, perform his functions, and discharge his duties in compliance with such directions as may be specified orally or in writing by the

Director General or any other enforcement officer superior to him in rank.

(3)

A certificate of appointment in the form of an authority card shall be issued to every enforcement officer appointed under subsection (1), and such card shall be signed by the Director General and shall be prima facie evidence of the appointment under this Act.

(4)

Whenever such enforcement officer exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection (3).

(5)

The Minister charged with the responsibility for health may appoint in writing any enforcement officer appointed under subsection (1) to carry out the powers under paragraph 9(b).

(6)

Without prejudice to the generality of subsection (2), the enforcement officer referred to in subsection (5) shall comply with any policy, directive and requirement as the Minister charged with the responsibility for health may determine.

Malaysian Quarantine and Inspection Services 13

Appointment of public officers to be enforcement officers

FUNCTIONS AND POWERS

Functions of the Director General

Section 8

(a)

to enforce all relevant written laws at the entry points, quarantine stations and quarantine premises to ensure that plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food which are imported into and

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exported out of Malaysia comply with the health aspect of human, animals, plants and fish and food safety;

(b)

to issue permits, licences and certificates for the purpose of import and export of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms;

(c)

to ensure that all plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food which are imported into and exported out of Malaysia are graded, packaged, and labelled in accordance with the relevant written laws;

(d)

to establish and manage the quarantine stations;

(e)

to participate in the inspection and certification of the premises of the exporting country together with the relevant agency or department, if necessary;

(f)

to participate with the relevant agency or department at the international level in matters relating to the quarantine and import and export of plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food, if necessary;

(g)

to give feedback and recommendation to the relevant agency or department on any matter relating to the import and export of plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food;

(h)

to facilitate and provide advisory services on the compliance of import and export conditions for plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food to importers, exporters and agents involved in the import and export of plants, animals, carcasses, fish, agricultural produce, soils, microorganisms and food; and

(i)

to do such other things as are necessary for the effective implementation of this Act.

Malaysian Quarantine and Inspection Services 15

(2)

The functions under subsection (1) shall be carried out in accordance with the policy, directive and requirement as determined by the relevant agency or department.

Powers of the Director General

Section 9

The Director General shall have the following powers:

(a)

to quarantine and inspect any plant, animal, carcass, fish, agricultural produce, soil, microorganism, premises, conveyance or any other article at the entry points, quarantine stations and quarantine premises for the purpose of determining whether pest, disease or contaminant is present and to ensure compliance of any plant, animal, carcass, fish, agricultural produce, soil and microorganism with the import and export conditions as specified in the permit, licence or certificate issued under this Act;

(b)

to inspect food and enforce matters relating to food at the entry points in accordance with the Food Act 1983;

(c)

to impose and collect fees or any other charges the Director

General thinks fit for the purpose of carrying out his functions under this Act;

(d)

to place any plant, animal, carcass, fish, agricultural produce, soil and microorganism under quarantine control at a quarantine station or quarantine premises for a period of time as the Director General may determine;

(e)

to register all importers, exporters and agents involved in the import and export of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms;

(f)

to issue permits, licences and certificates for the purpose of the import and export of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms;

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(g)

to declare any premises as quarantine premises for the purpose of the quarantine and inspection of plants, animals, carcasses, fish, agricultural produce, soils and microorganisms;

(h)

to carry out quarantine procedures on any plant, animal, carcass, fish, agricultural produce, soil, microorganism, premises, conveyance or any other article within a period of time as the Director General may determine; and

(i)

to refuse entry at the entry points any plant, animal, carcass, fish, agricultural produce, soil and microorganism.

COORDINATION COMMITTEE FOR QUARANTINE AND

INSPECTION

Coordination Committee for Quarantine and Inspection

Section 10

(2)

The functions of the Coordination Committee are to coordinate technical, scientific, procedural and other relevant matters to facilitate the implementation of this Act.

(3)

The chairman and members of the Coordination Committee shall be appointed by the Minister.

(4)

The members of the Coordination Committee shall consist of representatives from the relevant agencies or departments and other agencies or departments which the Minister thinks necessary.

(5)

The chairman and members of the Coordination Committee shall hold office for such terms as may be specified in their respective instruments of appointment and are eligible for reappointment.

Malaysian Quarantine and Inspection Services 17

(6)

The appointment of the chairman and members of the

Coordination Committee may at any time be revoked by the Minister.

(7)

The Coordination Committee shall meet at least twice a year at a time and place as may be appointed by the chairman.

(8)

In the absence of the chairman of the Coordination Committee at a meeting of the Coordination Committee, the members present may elect one among themselves to preside over the meeting.

(9)

The Coordination Committee may regulate its own procedure.

(10)

The chairman and members of the Coordination Committee may be paid any allowance and other expenses in connection with the work of the Coordination Committee as the Minister, with the approval of the Minister of Finance, thinks fit.

PERMIT, LICENCE AND CERTIFICATE

Requirement for permit, licence and certificate

Section 11

(2)

No person shall export any plant, animal, carcass, fish, agricultural produce, soil or microorganism without a permit or licence issued under this Act.

(3)

Any person who is involved in the importation and exportation of any plant, animal, carcass, fish, agricultural produce, soil or microorganism who contravenes this section 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 six years or to both and, for a second or subsequent offence to a fine not

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exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

Application for permit, licence and certificate

Section 12

(a)

a permit, licence or certificate to import; or

(b)

a permit or licence to export, any plant, animal, carcass, fish, agricultural produce, soil or microorganism shall be made to the Director General in the manner as determined by the Director General and shall be accompanied by the prescribed fees.

(2)

The Director General may, after receiving the application made under subsection (1), require the applicant to provide additional information, particulars or documents within such period as the

Director General may determine.

(3)

If the applicant fails to provide such additional information, particulars or documents required under subsection (2), the application shall be deemed to have been withdrawn without prejudice to the making of a fresh application in accordance with subsection (1).

(4)

The Director General may approve the application made under subsection (1) and may issue—

(a)

a permit, licence or certificate to import; or

(b)

a permit or licence to export, any plant, animal, carcass, fish, agricultural produce, soil or microorganism to the applicant if the applicant has fulfilled the requirements under subsections (1) and (2).

Malaysian Quarantine and Inspection Services 19

(5)

The Director General shall issue any permit, licence or certificate to import and any permit or licence to export in accordance with the policy, directive and requirement as determined by the relevant agency or department.

False permit, licence and certificate

Section 13

Any person who furnishes or causes to be furnished to the

Director General orally or in writing, any permit, licence, certificate, or other document or information required to be furnished under this

Act which is false, inaccurate or misleading upon importing or exporting any plant, animal, carcass, fish, agricultural produce, soil or microorganism, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both and, for a second or subsequent offence to a fine not exceeding seventy-five thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Section 14

Plant, animal, carcass, etc. with pests, diseases or contaminants

Any person who imports through the entry point, quarantine station or quarantine premises any plant, animal, carcass, fish, agricultural produce, soil or microorganism—

(a)

with pests, diseases or contaminants;

(b)

believed to have pests, diseases or contaminants; or

(c)

infested with pests, diseases or contaminants, 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 six years or to both and, for a second or subsequent offence to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

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Import and export conditions

Section 15

(2)

Any person who is involved in the importation or exportation of plants, animals, carcasses, fish, agricultural produce, soils or microorganisms who contravenes this section 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 six years or to both and, for a second or subsequent offence to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.

ENFORCEMENT

Powers to be exercised at entry points, quarantine stations and quarantine premises

Section 16

(2)

Notwithstanding subsection (1), an enforcement officer appointed under subsection 5(5) to carry out the powers under paragraph 9(b) shall only exercise those powers at the entry points and in accordance with the Food Act 1983.

Power of investigation

Section 17

(2)

In any case relating to the commission of an offence under this

Act, an enforcement officer carrying out an investigation may exercise all or any of the powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].

Power of arrest

Section 18

Malaysian Quarantine and Inspection Services 21

(2)

An enforcement officer making an arrest under subsection (1)

shall, without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with according to the law relating to criminal procedure for the time being in force.

Search and seizure with warrant

Section 19

(a)

to enter any premises situated at the entry point, quarantine station and quarantine premises and search for, seize and detain any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article;

22 Laws of Malaysia ACT 728

(b)

to inspect, make copies of, or take extracts from, any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article so seized and detained;

(c)

to take possession of, and remove from the premises situated at the entry point, quarantine station and quarantine premises, any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article so seized and detain it for such period as may be necessary;

(d)

to search any person who is in, or on, such premises situated at the entry point, quarantine station and quarantine premises, and for the purpose of the search, detain the person and remove him to such place as may be necessary to facilitate the search, and seize and detain any property or document found on the person; or

(e)

to break open, examine, and search any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article.

(2)

An enforcement officer acting under subsection (1) may, if it is necessary to do so—

(a)

break open any outer or inner door of any premises situated at the entry point, quarantine station and quarantine premises and enter the premises;

(b)

forcibly enter any premises situated at the entry point, quarantine station and quarantine premises and every part thereof;

(c)

remove by force any obstruction to the entry, search, seizure, detention or removal that he is empowered to effect; or

Malaysian Quarantine and Inspection Services 23

(d)

detain any person found on any premises situated at the entry point, quarantine station and quarantine premises searched under subsection (1) until the search is completed.

(3)

If, by reason of its nature, size or amount, it is not practicable to remove any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article seized under this section, the enforcement officer making the seizure shall, by any means, seal such book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article.

(4)

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (3) or removes the book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article under seal or attempts to do so 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 six months or to both and in the case of a continuing offence be liable to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Search and seizure without warrant

Section 20

If an enforcement officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under subsection 19(1) the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the enforcement officer may enter the premises situated at the entry point, quarantine station and quarantine premises and exercise in, upon and in respect of the premises all the powers referred to in section 19 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

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Section 21

Warrant admissible notwithstanding defects

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant, and any book, record, document, computer, equipment, plant, animal, carcass, fish, agricultural produce, soil, microorganism, permit, licence, certificate, or other article seized under such warrant shall be admissible in evidence in any proceedings under this Act.

Section 22

Power to seal premises and conveyance

In exercise of the powers under sections 19 and 20, an enforcement officer may seal temporarily any premises and conveyance situated at the entry point, quarantine station and quarantine premises.

Section 23

Access to computerized data

(2)

For the purposes of this section, an enforcement officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

Power to stop, search and seize conveyance

Section 24

(2)

The person in control or in charge of the conveyance shall, if required to do so by the enforcement officer—

(a)

stop the conveyance and allow the enforcement officer to examine it; and

(b)

open all parts of the conveyance for examination and take all measures necessary to enable or facilitate the carrying out of such examination as the enforcement officer considers necessary.

List of plant, animal, carcass, etc., seized

Section 25

(2)

The list prepared in accordance with subsection (1) shall be delivered immediately to the person in control or in charge of the conveyance where the seizure is made under section 24.

Examination of persons acquainted with case

Section 26

(2)

Such person shall be bound to answer all questions relating to such case put to him by the enforcement officer, but he 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.

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(3)

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

(4)

The enforcement officer examining a person under subsection

(1)

shall first inform that person of the provisions of subsections (2)

and (3).

(5)

A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after—

(a)

it has been read to him in the language in which he made it;

and

(b)

he has been given an opportunity to make any correction he may wish.

Admissibility of statement in evidence

Section 27

(2)

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 an enforcement officer in the course of an investigation under this Act 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].

(3)

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

Malaysian Quarantine and Inspection Services 27

(4)

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 paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5)

When any person is charged with any offence in relation to the making or the contents of any statement made by him to an enforcement officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

Power to require attendance of persons acquainted with case

Section 28

(2)

If any such person refuses to attend as required by an order made under subsection (1), the enforcement officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.

Forfeiture of seized plant, animal, carcass, etc.

Section 29

(2)

An order for the forfeiture of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article, shall be made if it is proved to the satisfaction of the court that an offence under this

Act has been committed and that the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

(3)

If there is no prosecution with regard to any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article seized under this Act, such plant, animal, carcass, fish, agricultural

28 Laws of Malaysia ACT 728

produce, soil, microorganism or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of the notice.

(4)

The notice referred to in subsection (3) shall indicate that—

(a)

there is no prosecution in respect of such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article;

(b)

such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article, shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of service of such notice unless before that date a claim thereto is made in the manner set out in subsections (5), (6) and (7).

(5)

Any person asserting that he is the owner of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article is held that he claims the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article.

(6)

On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the claim to a Magistrate.

(7)

The Magistrate to whom a matter is referred under subsection

(5)

shall issue a summons requiring the person asserting that he is the owner of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article and the person from whom it was seized to appear before him, and when the person appears or fails to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

(8)

If it is proved that an offence under this Act has been committed and that the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article referred to in subsection (7) was the subject matter of or was used in the commission of such offence, the

Magistrate shall order the plant, animal, carcass, fish, agricultural

Malaysian Quarantine and Inspection Services 29

produce, soil, microorganism or other article to be forfeited, and shall, in the absence of such proof, order its release.

(9)

Any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article forfeited or deemed to be forfeited shall be disposed of in such manner as the Director General thinks fit.

Release of seized plant, animal, carcass, etc.

Section 30

(2)

A record in writing shall be made by the enforcement officer effecting the release of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article under subsection (1)

specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Director General within seven days of the release.

Cost of holding seized plant, animal, carcass, etc.

Section 31

Where any plant, animal, carcass, fish, agricultural produce, soil, microorganism, food or other article seized under this Act is held in the custody of the enforcement officer pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a debt due to the Government by such person and shall be recoverable accordingly.

Section 32

No costs or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of the seizure of any plant, animal, carcass, fish, agricultural produce, soil,

30 Laws of Malaysia ACT 728

microorganism or other article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

Section 33

Power to take sample

(2)

The procedure for taking and dealing with the samples shall be as prescribed by regulations.

Examination or testing of seized plant, animal, carcass, etc.

Section 34

Where it is necessary to examine or test any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article seized under this Act, it shall be sufficient to examine or test only a representative sample of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article or, if the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article is packed in a different storage place, of the contents of each storage place.

Section 35

Additional powers

An enforcement officer shall, for the purposes of the execution of this Act, have the power to do all or any of the following:

(a)

to require the production of any book, record or document kept by any person and to inspect, examine and to make copies from them;

(b)

to require the production of any identification document from any person in relation to any case or offence under this Act;

Malaysian Quarantine and Inspection Services 31

(c)

to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.

Obstruction of enforcement officers

Section 36

Any person who—

(a)

assaults, obstructs, impedes or interferes with any enforcement officer in the performance of his powers under this Act;

(b)

rescues or endeavours to rescue any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article seized under this Act; or

(c)

before or after any seizure causes the disappearance of, or damages or destroys any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article in order to prevent the seizure thereof or the securing of the plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article, 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 six years or to both and, for a second or subsequent offence to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding seven years or both.

MISCELLANEOUS

Expenses

Section 37

Any expenses incurred by the owner, consignor, consignee or importer as a result of the conditions imposed by the Director General or any enforcement officer in exercising his powers under this Act shall be borne by the owner, consignor, consignee or importer, as the case may be, of any plant, animal, carcass, fish, agricultural produce, soil, microorganism or food concerned.

32 Laws of Malaysia ACT 728

(2)

Any expenses incurred by the Director General or the enforcement officer in exercising his powers under this Act shall be charged against the owner, consignor, consignee or importer, as the case may be, of any plant, animal, carcass, fish, agricultural produce, soil, microorganism, food or other article concerned and may be recovered as a civil debt.

(3)

No compensation shall be payable to any person in respect of the disposal of any plant, animal, carcass, fish, agricultural produce, soil, microorganism or other article under subsection 29(9).

Moneys collected or received under this Act

Section 38

Where money is collected or received under this Act on behalf of the relevant agency or department, it shall be dealt with in accordance with the relevant written laws.

Section 39

Expert services

The Director General may acquire any expert services in the relevant fields of expertise from the relevant agency or department or expert services from within or outside Malaysia to ensure the effective implementation of this Act.

Section 40

Uniform

Every enforcement officer shall wear a uniform prescribed by the

Director General while on duty unless exempted in writing by the

Director General.

Section 41

Office and facility

(2)

All costs and expenses incurred in relation to the office and facility provided under subsection (1) shall be borne by the relevant agency or department or private entity.

Power to amend Schedule

Section 42

The Minister may, after consultation with the Director General, by order published in the Gazette amend the Schedule.

Section 43

Offence committed by body corporate

Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—

(a)

may be charged severally or jointly in the same proceedings with the body corporate; and

(b)

where the body corporate is found to have committed the offence, shall be deemed to commit that offence unless, having regard to the nature of his functions in that capacity, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

34 Laws of Malaysia ACT 728

Offence committed by partner, agent or servant

Section 44

Any person who would have been liable to any penalty under this

Act for any act, omission, neglect or default if the act, omission, neglect or default is committed by him personally shall be liable to the same penalty if the act, omission, neglect or default is committed by his partner, agent or servant unless he proves—

(a)

that the act, omission, neglect or default was committed without his knowledge, consent or connivance; and

(b)

that he took all reasonable precautions and had exercised due diligence to prevent the act, omission, neglect or default.

General penalty

Section 45

Every person convicted of an offence under this Act for which no penalty is specifically provided, shall be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding six years or to both.

Section 46

Compounding of offences

(2)

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(3)

If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be

Malaysian Quarantine and Inspection Services 35

instituted at any time after that against the person to whom the offer was made.

(4)

Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made.

(5)

The Director General may, in writing, delegate his functions and duties under this section to any enforcement officers subject to such terms and conditions as he thinks fit, but a delegation under this subsection shall not preclude the Director General from performing or exercising the functions and duties that have been delegated.

Institution of prosecution

Section 47

No prosecution for or in relation to any offence under this Act shall be instituted without the sanction in writing of the Public Prosecutor.

Section 48

Protection against suit and legal proceedings

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against —

(a)

any officer or enforcement officer; 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 the Director General, enforcement officer or any other officer duly appointed by the Director General, if the act was 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.

36 Laws of Malaysia ACT 728

Regulations

Section 49

(2)

Without prejudice to the generality of subsection (1), regulations may be made for the following purposes:

(a)

to prescribe all matters relating to quarantine and inspection;

(b)

to prescribe all matters relating to quarantine procedures;

(c)

to prescribe all matters relating to permits, licences and certificates;

(d)

to prescribe all matters relating to the registration of importers, exporters and agents;

(e)

to declare any premises as a quarantine station or quarantine premises;

(f)

to prescribe the procedures for taking and dealing with samples;

(g)

to prescribe the uniforms of the enforcement officers;

(h)

to prescribe the fees and charges payable under this Act; and

(i)

to prescribe the offences that may be compounded.

Savings and transitional provisions

Section 50

(2)

Notwithstanding the coming into operation of this Act, until such time as the relevant written laws, excluding the Food Act 1983, are amended in consequence of this Act and the amendments come into operation, the relevant agency or department shall continue to carry out the quarantine, inspection, enforcement and certification of import and export of any plant, animal, carcass, fish, agricultural produce, soil or microorganism.

(3)

Any pending application or case under the relevant written laws relating to quarantine, inspection, enforcement and import and export of any plant, animal, carcass, fish, agricultural produce, soil or microorganism made or commenced during the period immediately after the coming into operation of this Act and immediately before the relevant written laws are amended in consequence of this Act and the amendments come into operation shall not be affected by such amendments and shall continue as if the amendments had not been made to the relevant written laws.

38 Laws of Malaysia ACT 728

FIRST SCHEDULE

[Section 3]

ENTRY POINTS

BY SEA

Kuala Perlis

(a)

the Government jetty at the main road terminus on the left bank of

Perlis River and foreshore for 27.4

metres up stream and 18.3 metres down stream thereof;

(b)

the Kuala Perlis Ferry Cargo

Terminal located at Latitude 6˚ 23’

Section 57

41” North Longitude 100˚ 07’

Section 51

09” East;

(c)

the Kuala Perlis Lembaga Kemajuan

Ikan Malaysia Complex located at

Latitude 6˚ 24’ 0.87” East and

Longitude 100˚ 07’ 53.37” East.

Kuah, Langkawi

The Government jetty

Tanjung Lembung, Langkawi

Tanjung Lembung wharf located at

Latitude 6˚ 17’ 46.5675” North to 6˚ 17’

Section 31

9646” North Longitude 99˚ 47’

Section 26

7936” East to 99˚ 47’ 13.1856” East

Tanjung Malai, Langkawi

The wharf and jetty (including the approach bridge) under the jurisdiction of the Marine Department at Tanjung

Malai,

Pulau

Langkawi between

Latitude 6˚ 15’ 25.4905” North to 6˚ 15’

Section 36

4138” North Longitude 99˚ 43’

Section 58

4052” East to 99˚ 44’ 3.9953” East

Telok Ewa, Langkawi

Telok Ewa Jetty

Kuala Kedah

The Government jetty at the main road terminus on the left bank of the Kedah

River and foreshore for 22.7 metres on either side thereof

Malaysian Quarantine and Inspection Services 39

Georgetown, Pulau Pinang

(a)

the wharf of the Pulau Pinang Port

Commission;

(b)

the portion of the foreshore from the southern end of the Penang Port

Commission area southward to the northern edge of the Pengkalan Raja

Tun Uda;

(c)

the jetty of Pengkalan Kedah located at Latitude 05˚ 25’ 30” North

Longitude 100˚ 20’ 75” East;

(d)

the landing Pontoon maintained by the Pulau Pinang Yacht Base.

Batu Maung

The Lembaga Kemajuan Ikan Malaysia

Jetty located at Latitude 50˚ 17’ North

Longitude 100˚ 17’ East

Butterworth

(a)

the piers operated by Pulau Pinang

Port Commission;

(b)

the five berths of the Butterworth wharves;

(c)

North Butterworth Container

Terminal operated by Pulau Pinang

Port Commission.

Prai

(a)

the portion of the south bank of the

Prai River extending from Railway

Passenger Jetty westward to the sea including the Pulau Pinang Port

Commission landing stage and wharf and also the foreshore of the reclamation and ending at a distance of 237.8 metres southward from the southern tip of the lighter basin;

(b)

Bulk Cargo Terminal operated by

Pulau Pinang Port Commission located at Latitude 5˚ 22’ North and

Longitude 100˚ 22’ East.

40 Laws of Malaysia ACT 728

Lumut, Perak

(a)

the Public Works Department Jetty situated on the left bank of the River

Dindings and the piece of land comprised within the following boundaries, North-Dindings River

South Government Road East. A point of the left bank of the

Dindings River 73.1 metres east of the water gate at the junction of

Garling Place and Titi Panjang Road

West-Public

Works

Department jetty (inclusive);

(b)

the jetty of the Lembaga Kemajuan

Ikan Malaysia, Kampung Acheh located on the bank of the Setiawan

River including all buildings located in the fenced area of 1 hectare;

(c)

the wharf and jetty of the Lumut

Maritime Terminal Sdn. Bhd., on the east bank of Sungai Dindings at

Latitude 4˚ 15’ 34” North Longitude 100˚ 39’ 43” East and southern limit at Latitude 4˚ 15’ 11” North

Longitude 100˚ 39’ 33” East.

Telok Muruh, Mukim Lumut

The jetty of the Marina Sactuary Resort

Sdn. Bhd. Teluk Muruh, Lumut, Perak at Latitude 04˚ 12’ 05.0” North

Longitude 100˚ 36’ 00.0” East

Telok Anson

The Telok Anson/Telok Intan Railway

Wharf No. 2

Hutan Melintang

(a)

Ghadaf Marble Sdn. Bhd. Jetty in

Hutan River on the side of the state of Perak Longitude 100˚ 48’ 45”

East to the east Melintang located at the bank of the Bernam between

Latitude 3˚ 51’ 30” North to the west;

(b)

Ghadaf Marble Sdn. Bhd. Jetty in

Hutan Melintang located at the bank of the Bernam River on the side of

Malaysian Quarantine and Inspection Services 41

the state of Perak between Latitude 3˚ 51’ 30” North to the west

Longitude 100˚ 48’ 33” East to the east.

Pulau Lekir 1

The jetty of Lekir Bulk Terminal Sdn.

Bhd. located at Latitude 4˚ 08’ 06”

North, 4˚ 08’ 54” North, 4˚ 09’ 26.5”

North and 4˚ 10’ 10.1” North Longitude 100˚ 37’ 42” East, 100˚ 37’ 13” East,

100˚ 38’ 23.1” East and 100˚ 38’ 29.3”

East

Port Klang

(a)

the wharf and jetty of the Port Klang

Authority on the east bank of the

Klang Straits between Sungai Tiga and Sungai Puloh;

(b)

that portion of the foreshore which extends from a position of 93.41

metres north of the passenger jetty

Jalan Foreshore to the mouth of the

Sungai Aur and thence along the bank of the Sungai Aur to and including the concrete jetty at the cattle quarantine station and including jetty, wharf and pontoon extending from the said foreshore and river bank and wharf;

(c)

the wharf and jetty of the Port Klang

Authority on the west bank of Pulau

Indah between Sungai Chandong

Besar on the northern west port limit at Latitude 02˚ 55’ 48” North

Longitude 101˚ 20’ 24.5” East and

Sungai Lurus on southern west limit at Latitude 02˚ 54’ 05” North and

Longitude 101˚ 17’ 10” East;

(d)

the Star Cruise Sdn. Bhd. extending for a distance of 247.31 metres to the sea located on the west bank of

Pulau

Indah north of

Sungai

Chandong Besar at the coordination

Latitude 02˚ 59’ 05.415” North, 02˚

59’ 06.003” North Longitude 101˚

42 Laws of Malaysia ACT 728

20’ 15.723” East, 101˚ 20’ 16.921”

East;

(e)

the jetty of ASA Niaga Sdn. Bhd. at

Port Klang located on the left bank of Sungai Klang between Latitude 03˚ 00’ 31.9294” North to 03˚ 00’

Section 26

1835” North Longitude 101˚ 23’

Section 28

4299” East to 101˚ 23’ 26.4980”

East.

Port Dickson

The railway jetty

Mukim Jimah, Port Dickson

The jetty of Jimah Energy Ventures

Sdn. Bhd. for 1400 MV coal fired power plant, extending for a distance of 1.3 kilometre to sea, located at Latitude 2˚ 34’ 41.72712” North to 2˚ 34’

Section 44

33909” North Longitude 101˚ 42’

Section 51

19108” East to 101˚ 43’ 1.05072”

East

Melaka

(a)

that portion of the left bank of the

Melaka River from the Ferry Jetty upstream to the wire fence surrounding the protected Melaka

Port area;

(b)

that portion of right bank of the

Melaka River from Central Melaka

Town

Council

Jetty,

Melaka, stretching upstream to the point directly the corner of the

Government Godown;

(c)

the Tanjung Bruas jetty.

Sungai Udang, Melaka

The jetty and wharf of Sungai Udang

Port Sdn. Bhd.

Sungai Rambai

The Government jetty 115.457 metres in length on the bank of Sungai Kesang located between points T60903.0 and

S66630.5 in the north and T60952.8 and

S666526.0 to the south

Kuala Linggi, Melaka

The Government jetty 1048.614 metres

Malaysian Quarantine and Inspection Services 43

in length on the bank of Sungai Linggi,

District of Alor Gajah, Melaka located between point (1) N-36700.667, E-

Section 34479

870 and point (2) N-36760.354,

E-3833.803 within the fenced area of 8.8013 hectares comprising of the land occupied by Delta Management Sdn.

Bhd.,

Lembaga

Kemajuan

Ikan

Malaysia, Havest Rimba Sdn. Bhd. and

Yayasan Alor Gajah located at Latitude 2˚ 23’ 21.9418” North Longitude 101˚

58’ 27.5071” East and Latitude 2˚ 23’

Section 33

4572” North Longitude 101˚ 58’

Section 59

4635” East

Muar

The Government wharf at Bandar

Maharani situated on the left bank of the

Muar River directly in front of the

Customs Office

Batu Pahat

The Government wharf at Bandar

Penggarang, situated on the left bank of

Sungai Batu Pahat, directly opposite the

Customs

Office and

Customs

Warehouse

Minyak Beku, Batu Pahat

The jetty of the E.S. Ng. Building

Products Sdn. Bhd., part of Lot PTD

3732 and part of Lot 4747, Mukim

Minyak Beku District of Batu Pahat,

Johor, located at Latitude 01˚ 47’ 44.50”

North, 01˚ 47’ 44.67” North, 01˚ 47’

Section 43

90” North and 01˚ 47’ 43.82” North

Longitude 114˚ 34’ 38.76” East, 114˚

34’ 38.82” East, 114˚ 34’ 31.43” East and 114˚ 34’ 41.39” East

Kukup

The Government wharf

Johor Bahru

(a)

the Government wharf at Johor

Bahru adjacent to Sungai Segget;

(b)

the wharf at Tanjung Putri;

(c)

the Johor Bahru International Ferry

44 Laws of Malaysia ACT 728

Terminal jetty on the bank of the

Straits of Tebrau, Lot PTB 20380,

Mukim of Bandar Johor Bahru belonging to Kelana Megah Sdn.

Bhd. located at Latitude 1˚ 28’ 21.7”

North, 1˚ 28’ 20.8” North and 1˚ 28’

Section 20

5” North Longitude 103˚ 47’

Section 9

9” East, 103˚ 47’ 13” East and 103˚ 47’ 8.5” East.

Pasir Gudang, Johor Bahru

(a)

that portion of the fenced in area of the foreshore, including the mouth of Sungai Buluh, all jetties and all wharves of the Johor Port Authority, situated between the west bank of

Sungai Perembi located at Latitude 01˚ 26’ 28” North Longitude 103˚

53’ 16” East, thus to a line joining the western most dolphin of DCJ 4

located at Latitude 01˚ 26’ 27”

North Longitude 103˚ 53’ 06” East and finally joining the line of Johor

Port Water Limit at Latitude 01˚ 26’

14” North Longitude 103˚ 53’ 06”

East;

(b)

on the eastern side, the area along the Wharf No. 11 located at Latitude 01˚ 26’ 03.5” North Longitude 103˚

55’ 23” East on the northern part, and at the southern part of Wharf

No. 11 located at Latitude 01˚ 25’

52” North Longitude 103˚ 55’ 20”

East, adjacent to the west bank of

Sungai Latoh located at Latitude 01˚

26’ 12” North Longitude 103˚ 55’

29” East.

Tanjung Pelepas Port, Johor Bahru

The left bank of Sungai Pulai stretching from Latitude 01˚ 22’ 27.885” North

Longitude 103˚ 32’ 37” East and

Latitude 01˚

21’

Section 20

4208”

North

Longitude 103˚ 32’ 56.7317” East

Pengerang/Tanjung Pengelih

(a)

the foreshore for a distance of 91.4

metres on either side of the Customs

Malaysian Quarantine and Inspection Services 45

Station;

(b)

the wharf at Tanjung Pengelih.

Sebana Cove Marina,

Mukim Pengerang, District of

Kota Tinggi, Johor Darul Takzim

Sebana Cove Marina Jetty at Sebana

Golf and Marina Resort, Pengerang,

Johor Darul Takzim with length of 51.8

metres and width of 3 metres located at

Latitude 104˚ 24.90’ North Longitude 01˚ 90.89’ East

Tanjung Langsat, Johor

The jetty of Tanjung Langsat Port Bhd.

extending for a distance of 1188.335

metres to the sea located on the west bank of Sungai Johor at Latitude 01˚ 26’

Section 30

98” North Longitude 104˚ 00’ 41.82”

East

Sungai Rengit

The banks of the river for 45.7 metres southward from town bridge

Tanjung Surat, Kota Tinggi

The Government wharf

Mersing

The Government wharf

Tanjung Belungkor

The jetty of Tanjung Belungkor Ferry

Terminal

Kuala Rompin

The right bank of the Sungai Rompin for a distance of 22.7 metres on either side of stone marked “legal landing place”, including the Government jetty

Tanjung Gemuk

The jetty of Tanjung Gemuk situated at the bank of Sungai Endau, stretching alongside the bank for a distance of about 284 metres

Kampung Tekek, Pulau Tioman

The jetty of the Marine Department

Kuantan

(a)

the Government wharf;

(b)

the wharf of the P ahang

Consolidated Co. Ltd.

46 Laws of Malaysia ACT 728

Tanjung Gelang, Kuantan

The wharf of Kuantan Port Authority in the First Basin (Basin A)

Kampung Lalang, Pulau Tioman

The jetty of Berjaya Tioman Resort located at Latitude 02˚ 48’ 45” North and Longitude 104˚ 08’ 31” East

Chukai, Kemaman

The Government wharf

Pelabuhan Kemaman

(a)

the wharf of the Kemaman Port

Authority located on the reclaimed land at Lot PT 3180;

(b)

the area known as the West Wharf situated at Lot PT 3410, Mukim of

Teluk Kalong in the District of

Kemaman operated by PTB West

Wharf Sdn. Bhd.

Bukit Bunga, Kelantan

On the right bank of Sungai Golok at a distance of 182 metres beginning from the eastern border opposite the right side of road heading towards the Tanah

Merah-Gerik highway (Bearing 347˚

00’ 00” a distance of 33 metres from the boundary stone north of Lot 2449) to the western border (after the channel)

(Bearing 325˚ 00’ 00” a distance of 93

metres from the boundary stone west of the said Lot) Pengkalan Jenut, Mukim of

Nibong,

District of

Jedok

Administration of

Tanah

Merah,

Kelantan marked with a grey line in the

Gazette Plan (PW 696) deposited in the office of the Director of Survey and

Mapping Kelantan

Kuala Terengganu

(a)

the Government wharf on the right bank of Sungai Terengganu in front of Jalan Hiliran;

(b)

the wharf on the right bank of

Sungai Terengganu in front of the

Customs Warehouse.

Kuala Besut

The right bank of the Sungai Besut for a

Malaysian Quarantine and Inspection Services 47

distance of 45.7 metres on either side of the Customs Station

Pengkalan Kubor

The jetty of the

Public

Works

Department and the Immigration Jetty on the right bank between them

Kota Bharu

The Customs wharf, the Railway jetty, the Penambang Haji Idris jetty and river bank between them

Kota Kinabalu, Sabah

The wharf of the Sabah Port Authority

Ranca-Ranca, Labuan

The wharf and jetty of the Asian Supply

Base, Ranca-Ranca, Labuan located at

Latitude 05˚ 15’ 55” North Longitude 115˚ 14’ 56” East

Labuan

The Government wharf and the Small

Ships’ wharf

Sandakan

The wharf and jetty of the Sabah Port

Authority

Kudat

The wharf of the Sabah Port Authority

Lahad Datu

The wharf of the Sabah Port Authority

Menumbok

The

Government wharf including landing ramp and the passenggers’ ferry jetty adjacent to it

Sipitang

The Government wharf

Bintangor

Rejang Port Authority at Bintangor

Bintulu

Bintulu Port Authority’s Wharf at

48 Laws of Malaysia ACT 728

Tanjung Kedurong located at—

(a)

Wharf No. 1 Latitude 3˚ 15’

Section 53

3785” North 3˚ 15’ 53.3855”

North Longitude 113˚ 3’ 57.5312”

East 113˚ 3’ 52.0233” East;

(b)

Wharf No. 2 Latitude 3˚ 15’

Section 53

3714” North 3˚ 15’ 53.3785”

North Longitude 113˚ 4’ 3.0390”

East 113˚ 3’ 57.5312” East;

(c)

Wharf No. 3 Latitude 3˚ 15’

Section 53

3641” North 3˚ 15’ 53.3714”

North Longitude 113˚ 4’ 8.6927”

East 113˚ 4’ 3.0390” East;

(d)

Wharf No. 4 Latitude 3˚ 15’

Section 53

3545” North 3˚ 15’ 53.3641”

North Longitude 113˚ 4’ 16.1283”

East 113˚ 4’ 8.6927” East;

(e)

Wharf No. 5 Latitude 3˚ 15’

Section 53

3449” North 3˚ 15’ 53.3545”

North Longitude 113˚ 4’ 23.5647”

East 113˚ 4’ 16.1283” East;

(f)

Ro-Ro Ramp Latitude 3˚ 15’

Section 52

7343” North 3˚ 15’ 52.7354” North

Longitude 113˚ 3’ 52.0225” East 113˚

3’ 51.1963” East;

(g)

Bulk Cargo Wharf Latitude 3˚ 15’

Section 52

7354” North 3˚ 15’ 43.9436”

North Longitude 113˚ 3’ 51.1963”

East 113˚ 3’ 16.1851” East.

Kuala Lawas

R.C. Jetty with a length of 83.50 metres and a width of 19.90 metres located at

Latitude 4˚

57’

19”

North and

Longitude 115˚ 25’ 16” East

Kuching, Sarawak

(a)

Kuching Port Authority’s wharf at

Tanah Puteh;

(b)

Datuk Sim Kheng Hong wharf at

Pending.

Lawas

Customs wharf

Malaysian Quarantine and Inspection Services 49

Limbang

Customs wharf

Lundu

Government wharf

Marudi

Customs wharf

Miri

The wharf of the Miri Port Authority

Miri Port, Kuala Baram

The wharf of Miri Port Authority at

Kuala Baram comprising 6 wharves with length of 390 metres and width of 50 metres located at Latitude 4˚ 34’ 00”

North and Longitude 114˚ 2’ 36” East

Senari Port, Kuching

Kuching Port Authority’s wharf at

Kampung Senari with a length of 635

metres and width of 45 metres located at

Latitude 01˚ 37.01’ 0” North Longitude 110˚ 26.89’ 0” East

Tanjung Manis, Port Sarikei

Rejang Port Authority’s wharf at

Tanjung Manis with a length of 202

metres and width of 47 metres located at

Latitude 2˚

9’

Section 23

5772”

North

Longitude 111˚ 20’ 16.2431” East

Punang

Customs wharf

Sarikei

Rejang Port Authority wharf at Sarikei

Sejingkat

The wharf of the

Kuching Port

Authority, 125 metres in length situated on the left bank of the Sarawak River located at Latitude 01˚ 35.05’ 0” North

Longitude 110˚ 25.25’ 0” East

50 Laws of Malaysia ACT 728

Semantan

(a)

The wharf of the Depoh Harwood at

Semantan, 1000 feet in length and width of 120 feet located at

Latitude 10˚

45’

39”

North

Longitude 109˚ 45’ 18” East;

(b)

That portion of the foreshore adjacent to Semantan Bazaar for a distance 45.7 metres.

Sibu

Rejang Port Authority wharf at Sibu

Sundar

Customs wharf

BY ROAD OR RAILWAY

Bukit Kayu Hitam

(a)

the Customs Office and all its ancillary buildings and structures situated within the Bukit Kayu

Hitam Immigration Complex which is located along Sadao/Changlun trunk road between 8.9 kilometre north of

Changlun and 0.69

kilometre south of

Danork

(Thailand) Immigration or Customs

Check Point in the Mukim of Laka

Temin, Kubang Pasu, Kedah;

(b)

the Customs Office and all its ancillary buildings and structures situated within the

Lembaga

Kemajuan

Ikan

Malaysia

Examination Complex which is located along Sadao/Changlun trunk road between 9.1 kilometre north of

Changlun and 0.67 kilometre south of Danork (Thailand) Immigration or

Customs

Check

Point as prescribed in plan Lot No. PT 890

and PT 2180 in the Mukim of Laka

Temin, Kubang Pasu, Kedah.

Kota Putra,

The Customs Office and all buildings

Malaysian Quarantine and Inspection Services 51

Durian Burung,

Padang Terap situated within the

Immigration,

Customs,

Quarantine and

Security

Complex, Kota Putra, Durian Burung,

Padang Terap, Kedah, at Latitude 6˚ 28’

Section 15

1332” North Longitude 100˚ 42’

Section 35

0808” East

Padang Besar

(a)

the Customs Office, Padang Besar situated within the Railway Station

Building;

(b)

the Customs Office, Padang Besar at Containers Yard located at

Latitude 6˚ 39’ 45.45” North

Longitude 100˚ 19’ 19.21” East;

(c)

the Customs Office and all its ancillary buildings and structures situated within the Padang Besar

Government Offices Complex on the main road running from Padang

Besar to Thailand and is located at

Latitude 6˚

39’

58”

North

Longitude 100˚ 19’ 23” East;

(d)

the

Lembaga

Kemajuan

Ikan

Malaysia

Fish

Examination

Complex and all its ancillary buildings and structures on the east of the Padang Besar Government

Offices

Complex located at

Latitude 6˚ 39’ 45.42” North

Longitude 100˚ 19’ 37” East.

Wang Kelian

The Customs Office and all its ancillary buildings situated along the main road to Satun, Thailand, 6.5 metres from the main gate of the Malaysia and Thailand border

Bukit Berapit,

Pengkalan Hulu

The Customs Office and all its ancillary buildings and structures situated within the Bukit Berapit Immigration Complex located along Keroh/Betong trunk road between 136 ¼ mile and 136 ½ mile, in the Mukim of Keroh, Perak

52 Laws of Malaysia ACT 728

Butterworth

The ferry terminals operated by the

Pulau Pinang Port Commission

Johor Bahru

(a)

for import by a motor car, bus, motorcycle, scooter, bicycle and foot passenger, the passenger

Examination Gate, i.e. the area allocated for Immigration and

Customs Examination;

(b)

for import by other vehicular traffic, the Customs Import Bay in the

Customs Complex at Tanjung Putri enclosed within the perimeter fence commencing from the south by the entry gate nearest to Customs

Booth No. 1 from the direction of

Singapore and terminating at the exit gate nearest to Customs No. 3

as the northern boundary;

(c)

for export by road during normal working hours, the Customs Export

Bay in the Customs Complex at

Tanjung Putri bounded within the perimeter fence commencing from the north by the entry gate nearest to Customs Booth No. 3 and terminating at the exit gate nearest to Customs Export Exit Check-Point at Booth No. 2 of the northern boundary;

(d)

for export by road outside normal working hours, the Customs Export

Bay in the Customs Complex at

Tanjung Putri as specified in paragraph (c), or at the direction of the Proper Officer of Customs;

(e)

the Customs Office and buildings and additional construction located within the Customs, Immigration and Quarantine Complex Bukit

Chagar,

Mukim

Johor

Bahru,

District of Johor Bahru, Johor

Malaysian Quarantine and Inspection Services 53

enclosed within the perimeter fence, commencing from the south at the entry/exit gate facing the

Lingkaran Dalam Road.

Pasir Gudang (Free Zone)

(a)

for import into the Zone-Customs

Complex at Pasir Gudang, i.e. the area allocated for the

Zone

Authority and Customs Imports

Examination which includes the railway yard of the road leading into the Zone;

(c)

for export from the Zone-Customs

Complex at Pasir Gudang, i.e. the area allocated for the

Zone

Authority and Customs Exports

Examination which includes the railway yard and the road leading out of the Zone.

Tanjung Kupang, Johor Bahru

The Sultan Abu Bakar Complex,

Mukim of Tajung Kupang, District of

Johor Bahru, enclosed within the perimeter fence, commencing from the south by the entry/exit gate along the perimeter fence nearest to the Import

Holding Area from the direction of

Singapore and terminating at the exit/entry gate along the perimeter fence nearest to the Export Holding Area

Rantau Panjang

(a)

the Immigration Check-Point at the

Railway

Bridge spanning the

Sungai Golok;

(b)

the railway track at Rantau Panjang commencing from the Malaysian end of the railway bridge on the right bank of Sungai Golok and extending to southern approximately 155.4 metres to the road level crossing including the railway station platform running parallel to the track;

54 Laws of Malaysia ACT 728

(c)

that area in Lot 251 in the village of

Rantau Panjang, district of Pasir

Mas, Kelantan comprising the

Immigration

Complex

Check-Point and shed bounded on the north by the north gate andfence on the Malaysian end of the road bridge connecting Rantau Panjang and Golok on the south by the south gate, to the west, the fencing linking both the gates and to the east, the building complex and the imaginary straight line projecting from the northern end of the building complex till it meets the north gate including the passage connecting the check-point area to the railway station platform adjoining the Customs Office.

Long Pa Sia

The

Immigration

Office and its compound approximately 30.5 metres from the Suspension Bridge over the

Sungai Pa Sia where there is the only passage from Long Bawan, Indonesia or

Long Semadon, Sarawak

Pensiangan

The

Immigration

Office and its compound approximately over 32.2

kilometres by Sungai Persiangan from a border post Bantul, which is manned by the border Scouts

Batu Lintang

Batu Lintang Customs Station

Bau

Bau Government Station

Biawak

Biawak Customs Station

Bunan Gega

Bunan Customs Station

Malaysian Quarantine and Inspection Services 55

Lubok Antu

Lubok Antu Customs Station

Lundu

Lundu Government Station

Padawan

Padawan Customs Station

Sematan

Sematan Customs Station

Sirikin

Sirikin Customs Station

Sungai Tujuh

Sungai Tujuh Customs Station

Tebedu

(a)

Customs Office import examination area situated on the west of the

Tebedu Immigration Complex;

(b)

Customs Office export examination area situated on the east of the

Tebedu Immigration Complex.

Tadungan

Customs Office Tadungan

BY AIR

Sultan Abdul Halim Airport, Alor Star (Kedah)

Penang International Airport, Bayan Lepas (Pulau Pinang)

Sultan Azlan Shah Airport, Ipoh (Perak)

Sultan Abdul Aziz Shah Airport, Selangor

Sultan Mahmud Airport, Kuala Terengganu (Terengganu)

Sultan Haji Ahmad Shah Airport, Kuantan (Pahang)

Batu Berendam Airport, Melaka

Sultan Ismail Petra Airport, Pengkalan Chepa (Kota Bharu)

Senai International Airport, Senai (Johor Bahru)

Tioman Airport, Pulau Tioman (Pahang)

Langkawi International Airport, Langkawi (Kedah)

Pangkor Airport, Pangkor (Perak)

Kuala Lumpur International Airport, Sepang (Selangor)

Pulau Redang Airport, Pulau Redang (Terengganu)

56 Laws of Malaysia ACT 728

Kota Kinabalu International Airport

Kudat Airport

Labuan Airport

Lahad Datu Airport

Sandakan Airport

Semporna Airport

Tawau Airport

Bintulu Airport

Kuching International Airport

Lawas Airport

Limbang Airport

Marudi Airport

Miri Airport

Mulu Airport

Sibu Airport

Simanggang Airport

INLAND PORT STATION

Ipoh

For import and export by rail, at the Customs Warehouse in the

Railway Goods Yard, Ipoh

INLAND CLEARANCE DEPOT

Prai

(a)

Inland Clearance Depot Kontena

Nasional

No.

2443,

Lorong

Perusahaaan

Satu,

Kawasan

Perusahaan Prai;

(b)

North Terminal Sdn. Bhd. 4935,

Dermaga Prai.

Ipoh

Ipoh Cargo Terminal, Jalan St. John,

Ipoh

Malaysian Quarantine and Inspection Services 57

Kuala Lumpur

(a)

Internal Clearance Depot Seri Setia

Batu 9, Jalan Klang Lama, Seri

Setia, Petaling Jaya;

(b)

Express Rail Link Sdn. Bhd.

KL City Air Terminal,

KL Central Station, 50470 Kuala

Lumpur;

(c)

Level 1 – Customs Office Area and carousel with an area of 2,520.75

square metres;

(d)

Level 2 – Baggage sorting area with an area of 1.303.55 square metres.

Seremban

Nilai Inland Port, Lot 574-576, 578,

648, 1271, 1272 and part of Lot 3.721,

Mukim Sentul, Seremban

Segamat

Segamat Inland Port Sdn. Bhd. Lot 1150 & 1092, Mukim Pagoh, Segamat,

Johor

Tebedu

SM Inland Port Sdn. Bhd. Lot 197, Blok 8, Tebedu, Serian, Kota Samarahan,

Sarawak

FREE ZONE

Mukim of Plentong,

District of Johor Bahru

All those lands situated in the Mukim of

Plentong, District of Johor Bahru, Johor bounded by the grey line as shown in the Gazette Plan 2233 and 2234

deposited in the Office of the Director of Survey, Johor excluding the Customs

Examination Area, an area of 0.459

hectare at Container Terminal in Lot 66208

Mukim of Kapar,

District of Klang,

Selangor

All those lands situated in the Mukim of

Kapar, in the District of Klang, Selangor bounded by the grey line as shown in the Gazette Plan 882 deposited in the

Office of the Director of Survey,

Selangor excluding the areas specified as follows:

58 Laws of Malaysia ACT 728

(a)

land occupied by the Klang Port

Management

Sdn.

Bhd., comprising Export Stacking Bay (6

blocks: TA-TG), Refers Stack (2

Blocks:

RA-RB),

Customs

Examination Bay (3 Blocks: 1-3),

Godown Q (an area of 220’ x 150’), Godown P (an area of 600’ x 150’), Open Yard P (an area of 660’ x 217’), Transit Shed No. 13

(an area of 100’ x 101’), Transit

Shed No. 16 (an area of 177’ x 105’), Transit Shed No. 18 (an area of 177’ x 105’) and Dock Area (an area of 700’ x 105’);

(b)

land occupied by the Klang

Container Terminal comprising the

Export Stack (Block B1-Rows B11

to B30, Slots 01 to 14) (Blocks B2-

Rows B11 to B29, Slots 15-31)

(Block C1-Rows C01 to C34 and

C99 Slots 01-14) (Block C2-Rows 01 to C35 Slot 15-31) (Block F-Rows F16 to F25 Slots 01-11

Rows F01 to F15 Slots 01 to 03)

(Block G-Rows 01 to G16 Slots 01

to 14) (Refer-Row R01 to R52,

Rows

R59

to

R87

Customs

Examination Area bounded by the pink line as shown in the above

Gazette Plan 882) (Rows E01 to

E42 Slots 01 to 06) FS Stacking

Area (Rows 01 to 06 Slots 16 to

62) and Container Freight Station

(an area of 2.973 square metres);

and

(c)

land occupied by Port Klang

Distribution

Park

Sdn.

Bhd., comprising the Customs Holding

Area (an area of 20,000 square feet).

Malaysian Quarantine and Inspection Services 59

West Port, Pulau Indah,

Mukim of Klang, District of Klang

All those lands situated in the Mukim of

Klang, District of Klang, Selangor bounded by the grey line as shown in the Gazette Plan 1174 deposited in the

Office of the Director of Survey,

Selangor

Deep Water Wharf, Section 4,

City of Butterworth,

District of North Seberang Prai

All those lands situated in Section 4,

City of Butterworth, Northern District,

Seberang Prai bounded by the grey line as shown in the Gazette Plan 573

deposited in the Office of the Director of Survey, Pulau Pinang, excluding the areas specified as follows:

(a)

land occupied by the Pulau Pinang

Port Sdn. Bhd. comprising of—

(i)

Warehouse W2;

(ii)

Export Blocks (Block A-D: Slot

No. 1-45) (Block E-H: Slot No. 1-

23); and

(iii)

the Customs Examination Bay for containers (between Block D and the railway line).

Mukim of 12, District of Barat

Daya, Pulau Pinang

All those lands situated in Mukim 12,

District of Barat Daya, Pulau Pinang, bounded by the grey line as shown in the Gazette Plan 495 deposited in the office of the Director of Survey, Pulau

Pinang

Bukit Kayu Hitam Town and

Mukim of Sungai Laka,

District of Kubang Pasu, Kedah

All those lands situated in Bukit Kayu

Hitam Town and Mukim of Sungai

Laka, District of Kubang Pasu, Kedah, bounded by the grey line as shown in the Gazette Plan 1385 deposited in the office of the Director of Survey, Kedah

60 Laws of Malaysia ACT 728

Duty Free Area at Stulang Laut,

Johor Bahru

All those lands within the fenced area containing Lot PTB 10707 and PTB

20006 (excluding the Customs Office and the Customs Examination Area), of

Mukim Bandar, in the District of Johor

Bahru, Lot PTD 146378 and PTD

148062, of Mukim Plentong, in Bandar, in the District of Johor Bahru, the jetty at Lot PTB 20380 and the land at Lot 20438

(including the floating restaurant), of Mukim Bandar, in the

District of Johor Bahru, Johor

Kuala Lumpur International

Airport, Sepang

All those lands situated in the Town

Area of Sepang International Airport,

District of Sepang bounded by the grey line as shown in the Gazette Plan 1207

deposited in the office of the Director of

Survey, State of Selangor

Tanjung Pelepas,

Mukim of Tanjung Kupang,

District of Johor Bahru,

Johor (Phase 1)

Lot PTD 2423 Mukim of Tanjung

Kupang, District of Johor Bahru, Johor, as shown by the grey line in the Gazette

Plan 2749 deposited in the office of the

Director of Survey, Johor

Pulau Layang-Layang

All areas of Pulau Layang-Layang comprising an area of 10.1 square kilometre located at Latitude North 07º x 22.5’ Longitude East 113º x 48.8’ in the South China Sea within the

Continental Platform of Malaysia

Mukim Rantau Panjang,

District of Pasir Mas, Kelantan

All those lands situated in the Mukim of

Rantau Panjang, District of Pasir Mas,

Kelantan bounded by the grey line as shown in the

Gazette

Plan 705

deposited in the office of the Director of

Survey, Kelantan excluding the areas specified as follows:

(a)

the Customs Office and the Customs

Examination Area; and

(b)

land occupied by Pos Malaysia

Berhad, Rantau Panjang.

Malaysian Quarantine and Inspection Services 61

Lot 1993 Mukim 12,

District of Barat Daya,

Pulau Pinang

The Air Cargo Forwarding Agents

Warehouse

Complex,

International

Airport situated at part of Lot 1993

Mukim 12, District of Barat Daya,

Pulau Pinang bounded by the grey line as shown in the Gazette Plan 730

deposited in the office of the Director of

Survey, Pulau Pinang

South Point, Port Klang,

Port Swettenham,

District of Klang, Selangor

South

Point,

Port

Klang,

Port

Swettenham District of Klang, Selangor as shown by the bold line in the Gazette

Plan 1382 deposited in the office of the

Director of Survey and Mapping,

Selangor

Pulau Indah, Mukim of Klang,

District of Klang, Selangor

Lot 67894 Pulau Indah, Mukim Klang,

District of Klang, Selangor, as shown by the grey line in the Gazette Plan 1388 deposited in the office of the

Director of Survey and Mapping,

Selangor

MILS Logistik Hub,

Mukim of Klang, District of Klang,

Selangor

Lot 88077 an area of 13.359 hectare

Mukim of Klang, District of Klang,

Selangor, as shown by the grey line in the Gazette Plan 1451 deposited in the office of the Director of Survey and

Mapping, Selangor

SECOND SCHEDULE

[Section 3]

QUARANTINE STATION

STATE

LOCATION

Perlis

Padang Besar Quarantine Station,

02100 Padang Besar,

Perlis

62 Laws of Malaysia ACT 728

Pulau Pinang

Batu Maung Quarantine Station,

Pulau Pinang

Selangor

Kuala Lumpur International Airport

(KLIA),

Sepang Quarantine Station,

Jalan Pekeliling 4, Zon Selatan,

64000 KLIA, Sepang,

Selangor

Port Klang Quarantine Station,

Jalan Tangki Off Jalan Kem,

42000 Pelabuhan Klang,

Selangor

Pulau Indah Quarantine Station,

Pulau Indah,

Pelabuhan Klang,

Selangor

Post-Entry Quarantine Station,

Serdang, Selangor

Federal Territory of Labuan

Labuan Quarantine Station,

Jalan Patau-Patau,

Peti Surat 82071,

87030 Federal Territory of Labuan

Kelantan

Rantau Panjang Quarantine Station,

17200 Rantau Panjang,

Kelantan

Pahang

Port Kuantan Quarantine Station,

Kuantan, Pahang

Kedah

Bukit Kayu Hitam Quarantine Station,

Kedah

Johor

Gelang Patah Quarantine Station,

Johor

Malaysian Quarantine and Inspection Services 63

THIRD SCHEDULE

[Section 3]

RELEVANT WRITTEN LAWS

Section 1

Animals Act 1953 [Act 647]

Section 2

Plant Quarantine Act 1976 [Act 167]

Section 3

Lembaga Kemajuan Ikan Malaysia Act 1971 [Act 49]

Section 4

Food Act 1983 [Act 281]

Section 5

Federal Agricultural Marketing Authority Act 1965 [Act 141]

Section 6

Fisheries Act 1985 [Act 317]

2

Act 728

LIST OF AMENDMENTS

Amending law

Short title

In force from-NIL-

63

Act 728

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from-NIL-

*MALAYSIAN QUARANTINE AND INSPECTION SERVICES ACT 2011

About this act

PART I

(1)

(2)

(2)

PART II

(2)

(3)

(4)

(5)

Part VI.

(2)

(3)

(2)

(3)

(4)

(5)

(6)

PART III

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

PART IV

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

PART V

(2)

(3)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(c)

(2)

PART VI

(2)

(2)

(2)

(a)

(b)

(c)

(d)

(e)

(2)

(a)

(b)

(c)

(d)

(3)

(4)