Malaysia legislation

Section 4

of STANDARDS OF MALAYSIA (AMENDMENT) ACT 2012

Section 4

Section 2 of the principal Act is amended—

(a)

by substituting for the definition of “accreditation” the following definition:

‘ “accreditation” means a procedure by which the Department gives attestation that a conformity assessment body is competent to carry out specific conformity assessment activity;’;

Standards of Malaysia (Amendment)

(b)

by inserting after the definition of “provisional Malaysian

Standard” the following definition:

‘ “recognized body”, in relation to standard, means a legal or administrative entity that has specific tasks and composition, with acknowledged authority for publishing standards;’;

(c)

by inserting after the definition of “Council” the following definition:

‘ “Department” means the Department of Standards,

Malaysia which is responsible for national standardization and accreditation;’;

(d)

in the definition of “Minister”, by inserting after the word

“standards” the words “and accreditation”;

(e)

by inserting after the definition of “accreditation” the following definition:

‘ “authorized officer” means an officer of the

Department or any public officer authorized under section 21a;

(f)

in the national language text, by deleting the definition of “pemerakuan”;

(g)

by deleting the definition of “registration”;

(h)

by deleting the definition of “specification”;

(i)

by deleting the definition of “standard specification”;

(j)

by substituting for the definition of “conformity assessment”

the following definition:

‘ “conformity assessment” means an activity of testing, calibrating, inspecting, certifying or any other activity as the Director General may determine for the purpose of demonstrating that the specific requirements relating to a commodity, process, system, person, practice or service are fulfilled;’;

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(k)

by substituting for the definition of “certification” the following definition:

‘ “certification” means a procedure by which a third party gives written assurance that specific requirements relating to a commodity, process, system, person, body, practice or service are fulfilled;’;

(l)

by inserting after the definition of “successor company”

the following definition:

‘ “technical regulation” means any written law that provides for technical requirements, either directly or by referring to or incorporating the content of a standard, technical specification or code of practice;’;

(m)

by inserting after the definition of “Minister” the following definition:

‘ “premises” includes any hut, shed, structure, platform, house, building, conveyance and land whether or not enclosed or built upon;’;

(n)

by inserting after the definition of “authorized officer”

the following definition:

‘ “accreditation symbol” means a protected symbol applied or issued under the accreditation system established and operated by the Department;’;

(o)

by substituting for the definition of “standard” the following definition:

‘ “standard” means a document established by consensus and approved by a recognized body, that provides, for common and repeated use, rules, guidelines or characteristics for activities or their results, aimed at the achievement of the optimum degree of order in a given context, with which compliance is not mandatory;’;

(p)

by inserting after the definition of “liabilities” the following definition:

‘ “Malaysian Standard” means a standard declared under section 15;’;

Standards of Malaysia (Amendment)

(q)

by substituting for the definition of “provisional Malaysian

Standard” the following definition:

‘ “provisional Malaysian Standard” means a standard which has not undergone the formal procedures of technical committees deliberation and public comment and—

(a)

which in the opinion of the Council is urgently needed; or

(b)

in respect of which the Minister considers that trial use thereof is necessary before it can be finalised;’;

(r)

in the definition of “mark of conformity”, by inserting after the words “process,” the words “system, person,”; and

(s)

by deleting the definition of “standard mark”.

Amendment of section 10