PART IV | ANIMAL WELFARE AND PREVENTION OF CRUELTY TO ANIMALS |
| Interpretation of this Part |
41. In this Part, unless the context otherwise requires —| “animal” includes any beast, bird, fish or reptile, whether wild or tame; |
“animal-related business” means —| (a) | the operation of any place or establishment for the purpose of —| (i) | using or holding animals for display, sport, entertainment, sale, breeding or conservation; or | | (ii) | the care, boarding, grooming, treatment, vaccination, inoculation, training or destruction of animals, for reward; |
| | (b) | the provision of any service relating to the care, boarding, grooming, treatment, vaccination, inoculation, training, transportation, capture or destruction of animals, for reward; or | | (c) | the operation of any animal rescue or welfare organisation or facility, |
| but does not include any business in respect of animals intended for consumption; |
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| “code of animal welfare” means any code of animal welfare issued, adopted or amended by the Director-General and in force under section 41A; |
| “owner”, in relation to an animal, includes a person in charge of the animal; |
| “person in charge”, in relation to an animal, means a person who has, whether permanently or on a temporary basis, the animal in the person’s possession, custody or control, or under the person’s care or supervision, and includes an individual who has the animal in such a manner in the course of the individual’s employment; |
| “reward” means any payment or other benefit (whether monetary or otherwise). [Act 46 of 2014 wef 16/01/2015] |
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41A.—(1) The Director-General may, from time to time, for the purposes of this Part —| (a) | issue one or more codes of animal welfare; | | (b) | adopt as a code of animal welfare, with or without any modification, any document (or any part of such document) prepared by any person in or outside Singapore; or | | (c) | amend or revoke any code of animal welfare issued or adopted under this subsection, |
| with respect to the standards of care to be provided or observed in respect of any animal or class of animals. |
(2) Upon issuing, adopting, amending or revoking a code of animal welfare under subsection (1), the Director-General must —| (a) | publish a notice of the issue, adoption, amendment or revocation, as the case may be, in such manner as will secure adequate publicity for such issue, adoption, amendment or revocation; | | (b) | specify the date of the issue, adoption, amendment or revocation, as the case may be, in the notice; and | | (c) | ensure that the code of animal welfare (including any amendment made to the code of animal welfare) remains available for access or inspection without charge by the public. |
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| (3) Any issue, adoption, amendment or revocation of a code of animal welfare under subsection (1) does not have any force or effect until the notice relating to it has been published in accordance with subsection (2)(a) and (b). |
| (4) If any provision of any code of animal welfare in force under this section is inconsistent with any provision of this Act or any rule made under this Act, the provision in the code of animal welfare does not, to the extent of the inconsistency, have effect. |
| (5) The Director-General may, either generally or for such time as the Director-General may specify, waive the application of any code of animal welfare (or any part of such code) issued, adopted or amended under this section to any animal owner or class of animal owners, or in respect of any animal or class of animals. |
| (6) Any code of animal welfare issued under this section shall be deemed not to be subsidiary legislation. [Act 46 of 2014 wef 16/01/2015] |
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| Use of codes of animal welfare in proceedings |
41B.—(1) A person shall not be liable to any criminal proceedings by reason only that the person has failed to observe any provision of a code of animal welfare.(2) In any criminal proceedings, any party to the proceedings may rely upon — | (a) | the failure of a person to comply with a provision of a code of animal welfare which applies to that person; or | | (b) | that person’s compliance with that provision, |
| as tending to establish or negate any liability which is in question in the proceedings. |
[Act 46 of 2014 wef 16/01/2015] |
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| Duty of care of animal owners |
41C.—(1) Every owner of an animal —| (a) | must take reasonable steps to ensure that — | (i) | the animal is provided with adequate and suitable food and water, taking into account its dietary needs; | | (ii) | the animal is provided with adequate shelter; | | (iii) | the animal is not kept in confinement, conveyed, lifted, carried or handled in a manner or position that subjects the animal to unreasonable or unnecessary pain or suffering; and | | (iv) | the animal is protected from, and rapidly diagnosed of, any significant injury or disease; |
| | (b) | must not abandon the animal, or cause or permit the animal to be abandoned, whether permanently or temporarily, without reasonable cause or excuse; | | (c) | in the case where the animal is missing, must make reasonable efforts to recover the animal; and | | (d) | must take reasonable steps to ensure that the animal is cared for in accordance with the codes of animal welfare applicable to the animal. |
| (2) Any person who fails to comply with subsection (1)(a), (b) or (c) shall be guilty of an offence. |
(3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —| (a) | in the case where the person commits the offence in the course of carrying on, or employment or purported employment with, an animal-related business —| (i) | for a first offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years or to both; and | | (ii) | for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; and |
| | (b) | in any other case —| (i) | for a first offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (ii) | for a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. |
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| (4) For the purpose of subsection (3), a person is a repeat offender if the person who is convicted, or found guilty, of an offence under subsection (2) has (whether before, on or after the date of commencement of section 4 of the Animals and Birds (Amendment) Act 2014) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1)(f) in force immediately before that date. |
| (5) In this section, “employment”, in relation to an animal-related business, includes the holding of the office, or purporting to act in the capacity, of a director, manager, partner, secretary or other analogous position in the animal-related business. [Act 46 of 2014 wef 16/01/2015] |
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42.—(1) Any person who —| (a) | cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies any animal; | | (b) | causes or procures or, being the owner, permits any animal to be so used; | | (c) | [Deleted by Act 46 of 2014 wef 16/01/2015] | | (d) | by 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; | | (e) | [Deleted by Act 46 of 2014 wef 16/01/2015] | | (f) | [Deleted by Act 46 of 2014 wef 16/01/2015] | | (g) | employs or causes or procures or, being the owner, permits to be employed in any work of labour, any animal which in consequence of any disease, infirmity, wound or sore, or otherwise is unfit to be so employed; or | | (h) | causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to the premises or place, |
| shall be guilty of an offence. |
[10/2002] [Act 46 of 2014 wef 16/01/2015] | (2) For the purposes of subsection (1), an owner shall be deemed to have permitted cruelty to an animal, if he has failed to exercise reasonable care and supervision in respect of the animal. |
| (3) Nothing in this section applies to the commission or omission of any act in the course of the destruction, or the preparation for destruction of any animal as food, unless that destruction or preparation was accompanied by the infliction of unnecessary suffering. [43 |
(4) A person who is guilty of an offence under subsection (1) shall be liable on conviction —| (a) | in the case where the person commits the offence in the course of carrying on, or employment or purported employment with, an animal-related business —| (i) | for a first offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years or to both; and | | (ii) | for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; and |
| | (b) | in any other case —| (i) | for a first offence, to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 18 months or to both; and | | (ii) | for a second or subsequent offence, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 46 of 2014 wef 16/01/2015] |
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| (5) In this section, “employment”, in relation to an animal-related business, includes the holding of the office, or purporting to act in the capacity, of a director, manager, partner, secretary or other analogous position in the animal-related business. [Act 46 of 2014 wef 16/01/2015] |
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| Prescribed activities and services to be performed by qualified individuals |
43.—(1) A person carrying on any prescribed animal-related business must not employ or engage any individual to perform any prescribed activity or service, or prescribed class of activities or services, relating to the ownership of an animal or class of animals unless the individual holds such qualifications or has completed such training as the Director-General may specify.| (2) The Director-General must publish on a prescribed website the Director-General’s specifications on qualifications and training under subsection (1). |
| (3) Any person carrying on a prescribed animal-related business who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [Act 46 of 2014 wef 16/01/2015] |
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| Power to issue directions |
43A.—(1) The Director-General may in any particular case issue to the owner of an animal such directions as the Director-General considers necessary to ensure that —| (a) | the welfare of the animal is safeguarded; or | | (b) | the provisions of this Part are complied with, |
| and the owner must comply with the directions. |
(2) Any person who fails, without reasonable excuse, to comply with any direction issued to the person under subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | in the case where the person commits the offence in the course of carrying on, or employment or purported employment with, an animal-related business, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and | | (b) | in any other case, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| (3) In this section, “employment”, in relation to an animal-related business, includes the holding of the office, or purporting to act in the capacity, of a director, manager, partner, secretary or other analogous position in the animal-related business. [Act 46 of 2014 wef 16/01/2015] |
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43B.—(1) Where a person is convicted of an offence under section 41C(2), 42(1) or 43(3), the court before which the person is convicted of that offence may, in addition to the punishment provided for that offence —| (a) | in the case where the person commits the offence in the course of carrying on, or employment or purported employment with, an animal-related business, disqualify the person from —| (i) | carrying on any animal-related business or class of animal-related businesses; or | | (ii) | being a person in charge of any animal or class of animals in the course of any employment with any animal-related business; and |
| | (b) | in any other case, disqualify the person from owning any animal or any class of animals, |
| for a period not exceeding 12 months starting on such date as the court may specify. |
| (2) Where a court makes a disqualification order against a person under subsection (1), the court may make such order as it thinks fit for the disposal of any animal owned by the person at the time of the making or start of the disqualification order. |
| (3) Any person who contravenes a disqualification order made against the person under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person carrying on the business of an animal-related business who, knowingly or with reckless disregard, employs any individual in any capacity that is prohibited by a disqualification order made against that individual under subsection (1)(a)(ii) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (5) In this section, “employment”, in relation to an animal-related business, includes the holding of the office, or purporting to act in the capacity, of a director, manager, partner, secretary or other analogous position in the animal-related business. [Act 46 of 2014 wef 16/01/2015] |
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| Orders by Magistrate when an offence has been committed |
44.—(1) When any person has been convicted of an offence under this Part, the court may order —| (a) | that the animal in respect of which the offence was committed be taken to a veterinary centre or such other place as the court may specify and there detained and treated for any period stated in the order, or until released by further order of a Magistrate or until an authorised officer has certified in writing that it may properly be released; | | (b) | that the animal be treated by an authorised officer or by a person licensed under section 53 to treat animals and not used during such period as may be stated in the order or until permission to use it has been given by a Magistrate or an authorised officer; or | | (c) | if satisfied that the animal is incurably diseased or injured, that it be destroyed immediately by or under the direction of a police officer or an authorised officer and that the cost of burying or otherwise disposing of the carcase be borne by the person convicted. [16/2000; 10/2002] [Act 46 of 2014 wef 16/01/2015] |
| (2) Where the court makes an order under subsection (1)(a), the person who has been convicted of an offence in respect of the animal shall be liable to pay the costs and expenses for its maintenance and treatment until it is declared fit for release or use. [10/2002] |
| (3) Without prejudice to subsection (1), where the owner of any animal is convicted of an offence under this Part, the court may, upon convicting him, if it thinks fit, in addition to any other punishment, deprive him of the ownership of the animal and make such order as to the disposal of the animal as the court thinks fit. [10/2002] [Act 46 of 2014 wef 16/01/2015] |
| (4) The court shall not make an order under subsection (3) unless it is satisfied by evidence as to a previous conviction, or as to the character of the owner or otherwise, that the animal, if left with the owner, is likely to be exposed to cruelty. [10/2002] |
| (5) Any person who acts in contravention of the provisions of an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [45 [10/2002] |
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| Power to order destruction of animals |
45.—(1) An authorised officer or a police officer who has satisfied himself by personal inspection or otherwise —| (a) | that an animal is diseased or injured and that the disease or injury from which the animal is suffering is incurable or that it is cruel to keep the animal alive; or | | (b) | that an animal is so diseased or so severely injured or in such a physical condition that, in his opinion, having regard to the means available for removing the animal there is no possibility of removing it without cruelty and that it is cruel to keep it alive, |
| may give written directions requiring the animal to be destroyed and those directions may immediately be carried out by or under the supervision of that authorised officer or police officer or any other person authorised in that behalf by the authorised officer or police officer. |
[21/93; 16/2000; 10/2002] | (2) If the animal so diseased or injured is in any house, stable, shed, or enclosure proper for that animal and not in a public thoroughfare, market or place, no written directions shall be given until the owner of the animal (if known) has been duly notified of the state of the animal. [21/73] [Act 46 of 2014 wef 16/01/2015] |
| (3) If any animal is destroyed under written directions given under subsection (1), the expenses of the removal and burial of the carcase of the animal shall be paid by the owner thereof and the amount thereof may be recovered from that owner in a summary manner before a Magistrate. [46 [Act 46 of 2014 wef 16/01/2015] |
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| No compensation for destruction of an animal incurably diseased or injured or destroyed at request of professed owner |
46. No compensation shall in any case be payable to any person in respect of the destruction of any animal —| (a) | under an order made under section 44(1)(c); | | (b) | under written directions given under section 45(1); or | | (c) | in compliance with a request in writing to an authorised officer or a person in charge of a veterinary centre or such other place as provided for in section 44(1) by any person professing to be the owner of the animal. [47 |
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| 47. The court before which any person is convicted of an offence under this Part may direct any fine or portion of any fine imposed and levied under this Act to be paid to the informer. [48 |
| Animals and birds not to be kept in captivity for sale, export or exhibition without licence |
48.—(1) No person shall keep in captivity for sale, export or exhibition any animal or bird in any place which has not been licensed in that behalf under this Act.| (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [49 [10/2002] |
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