Animals and Birds (Amendment) Act 2002 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 17]

Thursday, August 8

[2002

The following Act was passed by Parliament on 8th July 2002 and assented to by the President on 17th July 2002:—

Animals and Birds (Amendment) Act 2002

(No. 10 of 2002)

I assent.

S R NATHAN,

President.

17th July 2002.

Date of Commencement: 15th September 2002

An Act to amend the Animals and Birds Act (Chapter 7 of the 1985 Revised Edition) and to make a related amendment to the Fisheries Act (Chapter 111 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Animals and Birds (Amendment) Act 2002 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of long title

2. The long title to the Animals and Birds Act (referred to in this Act as the principal Act) is amended by deleting the words “animals and birds” wherever they appear and substituting in each case the words “animals, birds or fish”.

Amendment of section 2

3. Section 2 of the principal Act is amended —

(a)

by deleting the definition of “animal” and substituting the following definition:

“ “animal” means any mammal (other than man) or fish and includes any other living creature that is prescribed as an animal for the purposes of this Act or that falls within a class of animals that is prescribed for those purposes;”;

(b)

by inserting, immediately after the definition of “animal quarantine station”, the following definition:

“ “authorised examiner” means any authorised officer and includes any person who has been designated as an authorised examiner by the Director-General under section 3A;”;

(c)

by deleting the definition of “disease” and substituting the following definition:

“ “disease” means any disease that is infectious or contagious amongst animals or birds and includes any other disease which the Minister may, from time to time, by notification in the Gazette, declare to be a disease for the purposes of this Act;”;

(d)

by deleting the definition of “examine” and substituting the following definitions:

“ “examine”, in relation to any animal or bird or the carcase thereof, means to carry out in respect of such animal, bird or carcase, such manner of inspection, examination and test as may be necessary for the purposes of determining whether the animal, bird or carcase thereof is infected with any disease;

“fish” includes any of the varieties of marine, brackish water or fresh water fishes, crustacea, aquatic mollusca, turtles, marine sponges, trepang and any other form of aquatic life and the young and eggs thereof;”;

(e)

by inserting, immediately after the definition of “fodder”, the following definitions:

“ “genetically modified organism” means any organism (other than a human being or a plant), whether living or dead, or parts of any such organism, containing genetic material or protein or both which have been derived or modified as a result of manipulation or experimentation of genetic material, or any means other than by natural process;

“goods in transit” means goods that are brought into Singapore solely for the purpose of taking them out of Singapore and that remain at all times on the vehicle, aircraft or ship that brought them into Singapore;”;

(f)

by inserting, immediately after the definition of “horse”, the following definition:

“ “import” includes the importation into Singapore of goods in transit and goods which are to be transhipped;”;

(g)

by inserting, immediately after the definition of “port”, the following definition:

“ “public place” means any place or premises to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;”;

(h)

by inserting, immediately after the definition of “ship”, the following definition:

“ “tranship” means to remove any goods imported into Singapore from the vehicle, aircraft or ship in which they were imported and either return them to the same vehicle, aircraft or ship or transfer them to another vehicle, aircraft or ship before being exported, whether such goods are to be transferred directly between such vehicles, aircraft or ships or whether they are to be landed in Singapore after their importation and kept at any place pending exportation;”; and

(i)

by deleting the definitions of “veterinary biologics” and “veterinary centre” and substituting the following definitions:

“ “veterinary biologics” means any viruses, serums, toxins, and analogous products of natural or synthetic origin, including genetically modified organisms, diagnostics, antitoxins, vaccines, live micro-organisms, killed micro-organisms, and the antigenic or immunizing component of micro-organisms intended for use in the diagnosis, treatment, or prevention of diseases of animals and birds, or for purposes of research in animals or birds;

“veterinary centre” means any premises used for the purpose of providing any of the following services to members of the public:

(a)	the diagnosis of disease in, and injuries to, animals or birds, including tests performed for diagnostic purposes;
(b)	the treatment, vaccination or innoculation of animals or birds.”.

New section 3A

4. The principal Act is amended by inserting, immediately after section 3, the following section:

“Designation of authorised examiners

3A. The Director-General may, subject to any general or special directions of the Minister, in writing designate any suitably qualified person as an authorised examiner to carry out, at any appointed place, any examination, treatment or certification and any other similar, related or ancillary functions which are required by this Act to be carried out.”.

Repeal and re-enactment of section 4

5. Section 4 of the principal Act is repealed and the following section substituted therefor:

“Officers deemed to be public servants

4. All authorised officers shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).”.

Repeal and re-enactment of section 8

6. Section 8 of the principal Act is repealed and the following section substituted therefor:

“Examination of imported animals and birds

8.—(1) Any person who has imported any animal or bird shall, if so directed by the Director-General or an authorised officer, immediately upon the arrival of the animal or bird in Singapore, at his own expense arrange for the animal or bird to be examined by an authorised examiner.

(2) For the purpose of carrying out the examination of any animal or bird under subsection (1), an authorised examiner may detain the animal or bird at a quarantine station or such other place as may be approved by the Director-General or an authorised officer until the completion of the examination.

(3) If any animal or bird, upon being examined by an authorised examiner under subsection (1), is certified by the authorised examiner to be suffering from —

(a)	any disease or injury which, in the opinion of the authorised examiner, cannot be treated or relieved; or
(b)	any disease which is likely to spread unless the animal or bird is destroyed,

the person who imported the animal or bird shall, at his own expense, cause that animal or bird to be destroyed at once and the carcase thereof to be disposed of in such manner as may be specified by the Director-General or an authorised officer.

(4) Any person who fails to comply with subsection (1) or (3) 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.”.

Amendment of section 9

7. Section 9 of the principal Act is amended —

(a)

by deleting subsection (2) and substituting the following subsection:

“(2) An authorised officer may —

(a)	board any ship, aircraft or train for the purpose of examining any animal or bird therein; or
(b)	direct the master of the ship or aircraft or the guard of the train to arrange, at his own expense, for the animal or bird to be examined by an authorised examiner.”; and

(b)

by deleting subsections (4) and (5) and substituting the following subsection:

“(4) Any person who —

(a)	fails to make a report as is required under subsection (1);
(b)	fails to comply with any direction given to him by an authorised officer under subsection (2); or
(c)	permits an animal or bird to be landed or removed from any ship, aircraft or train in contravention of subsection (3),

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.”.

Repeal and re-enactment of section 10

8. Section 10 of the principal Act is repealed and the following section substituted therefor:

“Power to deal with diseased animals and birds being imported into Singapore

10.—(1) Where the Director-General or an authorised officer has reasonable grounds for suspecting that there is on board any vehicle, aircraft or ship that has entered or that is about to enter Singapore any animal or bird that is infected with any disease, the Director-General or authorised officer may direct the person who is or who appears to be in command or charge of the vehicle, aircraft or ship to take all or any of the following measures at his own expense:

(a)

ensure that any animal or bird on board the vehicle, aircraft or ship is not (as the case requires) removed from the vehicle, aircraft or ship or brought into Singapore;

(b)

arrange for any animal or bird on board the vehicle, aircraft or ship to be examined by an authorised examiner;

(c)

cause any animal or bird on board the vehicle, aircraft or ship which is infected or reasonably suspected to be infected with any disease and any other animal or bird on board the vehicle, aircraft or ship which has or may have come into contact with such animal or bird to be —

(i)	destroyed and disposed of in such manner as the Director-General or authorised officer may specify;
(ii)	removed from Singapore;
(iii)	treated in such manner as may be specified in the direction or by the authorised examiner who examined the animal or bird; or
(iv)	quarantined in such manner, at such place and for such period as the Director-General or authorised officer may specify;

(d)

ensure that the vehicle, aircraft or ship does not enter Singapore or remove the vehicle, aircraft or ship from Singapore (as the case requires), if the Director-General is satisfied that such measure is necessary for the prevention of the introduction or spread of any disease in Singapore.

(2) No compensation shall be payable in respect of any animal or bird which is required to be destroyed under subsection (1)(c)(i).

(3) Any person who fails to comply with any direction given to him by the Director-General or an authorised officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 11

9. Section 11 of the principal Act is amended —

(a)	by deleting the words “dog or cat” wherever they appear in subsections (1) and (2) and substituting in each case the words “animal or bird”;
(b)	by deleting the words “cat or dog” in subsection (3)(a) and substituting the words “animal or bird”;
(c)	by deleting the words “a dog or cat” in subsection (3)(b) and substituting the words “any animal or bird”; and
(d)	by deleting the words “Dogs and cats” in the marginal note and substituting the words “Animals and birds”.

Repeal of section 12

10. Section 12 of the principal Act is repealed.

Amendment of section 14

11. The principal Act is amended by renumbering section 14 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) No compensation shall be payable in respect of any bedding, litter, fodder or other material that is destroyed under subsection (1).”.

Repeal of section 16

12. Section 16 of the principal Act is repealed.

Repeal of sections 17 and 18 and re-enactment of section 17

13. Sections 17 and 18 of the principal Act are repealed and the following section substituted therefor:

“Examination and treatment of animals and birds before exportation

17.—(1) Any person who intends to export any animal or bird from Singapore shall, if so directed by the Director-General or an authorised officer, arrange, at his own expense, for the animal or bird to be examined and, if necessary, treated by an authorised examiner before exporting the animal or bird.

(2) For the purpose of carrying out the examination or treatment of any animal or bird under subsection (1), an authorised examiner may detain the animal or bird at a quarantine station or such other place as may be approved by the Director-General or an authorised officer until the completion of the examination or treatment.

(3) If any animal or bird, upon being examined by an authorised examiner under subsection (1), is certified by the authorised examiner to be infected with any disease —

(a)	the person intending to export the animal or bird shall not export the animal or bird without the prior approval of the Director-General or an authorised officer; and
(b)	the Director-General or an authorised officer may direct the person intending to export the animal or bird to treat or destroy the animal or bird at his own expense in such manner as may be specified by the Director-General or authorised officer.

(4) Any person who fails to comply with subsection (1) or (3)(a) or with any direction given to him by the Director-General or an authorised officer under subsection (3)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Repeal and re-enactment of sections 19 and 20

14. Sections 19 and 20 of the principal Act are repealed and the following sections substituted therefor:

“Examination of animal or bird suspected of disease

19.—(1) If the Director-General or an authorised officer has reason to believe that any animal or bird may be infected with any disease, he may subject that animal or bird and any article or substance which has been in contact therewith to an examination.

(2) For the purpose of this section —

(a)

the Director-General or authorised officer may —

(i)	seize the animal or bird as well as the whole or any sample of any article or substance which has been in contact therewith and take them to the place of examination; or
(ii)	in writing direct the owner or person in charge of the animal or bird to deliver the animal or bird as well as the whole or any sample of any article or substance which has been in contact therewith to an authorised examiner at a specified place and time; and

(b)

the authorised examiner carrying out the examination may take any substance from the animal or bird or destroy the animal or bird and conduct a post-mortem examination on its carcase, if that is the appropriate method by which he may, in accordance with accepted veterinary practice, determine whether the animal or bird has been infected with any particular disease.

(3) No compensation shall be payable in respect of any animal or bird which has been destroyed under subsection (2)(b).

(4) Any person who —

(a)	without lawful excuse fails to comply with any written direction given to him under subsection (2)(a)(ii); or
(b)	without the permission of the Director-General or an authorised officer removes any animal or bird from the place to which it has been delivered under subsection (2)(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.

Destruction of diseased animal or bird

20.—(1) The Director-General or an authorised officer may require the immediate isolation or destruction of any animal or bird if —

(a)

the animal or bird is certified by an authorised examiner, upon any examination carried out under section 19, to be infected with disease;

(b)

the Director-General or authorised officer has other reasonable cause for believing that the animal or bird is infected with disease; or

(c)

the Director-General or authorised officer has reasonable cause for believing that the animal or bird —

(i)	may have been in contact with another animal or bird which is infected with disease;
(ii)	may have been exposed to disease; or
(iii)	may perpetuate any disease.

(2) Any person who refuses or fails without lawful excuse to isolate or destroy any animal or bird when required to do so by the Director-General or an authorised officer 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.”.

Repeal and re-enactment of section 22

15. Section 22 of the principal Act is repealed and the following section substituted therefor:

“Post-mortem examination

22.—(1) The Director-General or an authorised officer may cause the carcase of any animal or bird to be subject to a post-mortem examination.

(2) For the purposes of subsection (1), the Director-General or authorised officer may give written directions —

(a)	for the carcase, if already buried, to be exhumed for the purpose of a post-mortem examination; and
(b)	for the carcase to be delivered to an authorised examiner at a specified place and time.

(3) Any person who —

(a)	without lawful excuse fails to comply with any written direction given to him under subsection (2); or
(b)	without the permission of the Director-General or an authorised officer removes the carcase from the place to which it has been delivered under subsection (2)(b),

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.”.

Amendment of section 35

16. Section 35 of the principal Act is amended —

(a)

by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Whenever there is reasonable cause to believe that any disease exists amongst any animals or birds in any part of Singapore, the Minister may by order declare that part to be an infected area and may in the order —

(a)	prohibit, either absolutely or conditionally, the removal of any animal or bird or any specified kind of animal or bird into or out of that area; and
(b)	restrict the movement of persons and vehicles, aircraft and ships into, within or out of that area.

(2) When an area has been declared to be an infected area under subsection (1), the Director-General or an authorised officer may give the owner or person in charge of any animal or bird in that area such written directions as the Director-General or authorised officer may consider necessary to control and check the spread of the disease.

(2A) Directions issued under subsection (2) may —

(a)	regulate the tying-up, isolation, segregation, movement or slaughter of animals or birds in the infected area; and
(b)	require the taking of any measure as may be specified by the Director-General or authorised officer.”;

(b)

by inserting, immediately after the words “authorised officer” in the 3rd and 4th lines of subsection (3), the words “or any person acting under his direction”; and

(c)

by inserting, immediately after the word “comply” in the 2nd line of subsection (4), the words “with any order given under subsection (1) or”.

Repeal of section 37

17. Section 37 of the principal Act is repealed.

Amendment of section 40

18. Section 40 (2) of the principal Act is amended by deleting “$200” and substituting “$2,000”.

Amendment of section 41

19. Section 41 of the principal Act is amended by deleting subsection (9) and substituting the following subsection:

“(9) No compensation shall be payable in respect of any dog that is destroyed under this section.”.

Amendment of section 43

20. Section 43 (1) of the principal Act is amended —

(a)

by inserting, immediately after paragraph (e), the following paragraph:

“(ea)

being the owner of any animal, abandons the animal without reasonable cause or excuse, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering or distress, or causes or permits the animal to be so abandoned;”;

(b)

by deleting “$500” in the 34th line and in the last line and substituting in each case “$10,000”; and

(c)

by deleting the words “6 months” in the 35th line and substituting the words “12 months”.

Repeal and re-enactment of section 44

21. Section 44 of the principal Act is repealed and the following section substituted therefor:

“Powers of authorised officers and police officers

44.—(1) Any authorised officer or any police officer may, without warrant —

(a)	arrest any person who, in his presence, commits an offence under section 43;
(b)	enter and search any premises in which he has reasonable cause for suspecting that an offence under section 43 has been or is being committed; and
(c)	seize any animal in respect of which, and any conveyance or article with or by means of which, that offence is reasonably suspected to have been committed.

(2) An authorised officer or a police officer acting under subsection (1)(b) may, if the circumstances so warrant, with such assistance as he thinks necessary, remove anything obstructing his entry to the premises or break open any door, window, lock, fastener, hold, compartment, box, container or any other thing.

(3) Any person arrested and any conveyance or article seized under subsection (1) shall forthwith be taken to a police station.

(4) Any animal seized under subsection (1) shall be taken to a police station, pound, veterinary centre or any other place which the authorised officer or police officer thinks fit and may, subject to any order made in respect thereof by a Magistrate, be there detained until the accused has been tried by a court.

(5) No compensation shall be payable to any person in respect of any damage to his property caused or occasioned by any act authorised by subsection (2).

(6) Any authorised officer or a police officer may stop and examine in any street or public place any animal in respect of which he has reason to believe that an offence under section 43 has been or is being committed.”.

Amendment of section 45

22. Section 45 of the principal Act is amended —

(a)

by deleting paragraph (a) of subsection (1) and substituting the following paragraph:

“(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)

by inserting, immediately after the words “authorised officer” in the 1st line of subsection (1)(b), the words “or by a person licensed under section 68 to treat animals”; and

(c)

by deleting subsection (2) and substituting the following subsections:

“(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.

(2A) Without prejudice to subsection (1), where the owner of any animal is convicted of an offence under section 43, 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.

(2B) The court shall not make an order under subsection (2A) 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.”.

Amendment of section 46

23. Section 46(1) of the principal Act is amended by inserting, immediately after the word “inspection” in the 2nd line, the words “or otherwise”.

Amendment of section 51

24. Section 51 of the principal Act is amended by inserting, immediately after subsection (1), the following subsections:

“(1A) Any authorised officer, police officer or officer of customs acting under subsection (1) may, if the circumstances so warrant, with such assistance as he thinks necessary, remove anything obstructing his entry to the premises or conveyance or break open any door, window, lock, fastener, hold, compartment, box, container or any other thing.

(1B) No compensation shall be payable to any person in respect of any damage to his property caused or occasioned by any act authorised by subsection (1A).”.

New section 53A

25. The principal Act is amended by inserting, immediately after the heading to Part VII, the following section:

“Regulation and control of keeping, breeding or feeding of animals and birds

53A.—(1) The Minister may make rules for the following purposes:

(a)	to prohibit, either absolutely or subject to such conditions as may be prescribed, the keeping, breeding or feeding in any private or public place of any animal or bird or type thereof;
(b)	to regulate the keeping, breeding or feeding in any private or public place of any animal or bird or type thereof; and
(c)	to provide for the impounding of stray cats or dogs found in any public place.

(2) Without prejudice to the generality of subsection (1), rules made under that subsection may —

(a)

require any person intending to keep or breed any animal or bird or type thereof in any private or public place to obtain a licence from the Director-General and to comply with the conditions of such licence;

(b)

provide for the licence to be issued in respect of either or both —

(i)	the animal or bird to be kept or bred; and
(ii)	the place at which the animal or bird is to be kept or bred; and

(c)

empower the Director-General or an authorised officer to remove or destroy or cause the removal or destruction of any animal or bird in connection with which any contravention of any rule made under this section has been committed.

(3) No compensation shall be payable in respect of any animal or bird which is required by any rules made under subsection (2)(c) to be destroyed.

(4) Section 70(3) shall apply in respect of rules made under this section.”.

Repeal and re-enactment of section 57

26. Section 57 of the principal Act is repealed and the following section substituted therefor:

“Forfeiture

57.—(1) The court before which any person is tried for an offence under this Act or any rules made thereunder may make an order for the forfeiture of any item which has been seized under the provisions of this Act if —

(a)

the court is satisfied that —

(i)	an offence under this Act or any rules made thereunder has been committed; and
(ii)	the item seized was the subject-matter, or was used in the commission, of the offence; and

(b)

having regard to the circumstances of the case, the court thinks it fit to order the forfeiture of the item.

(2) Where no party raises the question of forfeiture under subsection (1), the court shall consider the question on its own motion.

(3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act notwithstanding that no person may have been convicted of an offence.

(4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court shall order that the item be released to the owner thereof or to the person entitled thereto.

(5) In the absence of any prosecution with regard to any item which has been seized under the provisions of this Act, the Director-General shall give the person from whom the item was seized or the owner of the item notice in writing that the item shall, on the expiration of 7 days from the date specified in the notice, be deemed to be forfeited unless a claim thereto is made before then in accordance with subsection (6).

(6) A person asserting —

(a)	that he is the owner of, or that he is entitled to, any item which has been seized under the provisions of this Act; and
(b)	that the item is not liable to forfeiture,

may, personally or by his agent authorised in writing, give written notice to the Director-General that he claims the item.

(7) On receipt of a notice under subsection (6), the Director-General may direct that the item be released to the person who has given the notice or may refer the matter to a court for decision.

(8) Where no claim is received on the expiration of 7 days from the date specified in the notice referred to in subsection (5), the item to which the notice relates shall be deemed to be forfeited.

(9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item shall thereupon be deemed to be forfeited.

(10) Any item forfeited or deemed to be forfeited under this section shall be delivered to an authorised officer and shall be disposed of in such manner as the Director-General thinks fit.

(11) In this section, “item” means any animal, bird, carcase or any other article.”.

Repeal of section 59

27. Section 59 of the principal Act is repealed.

Repeal and re-enactment of section 62

28. Section 62 of the principal Act is repealed and the following section substituted therefor:

“Brands or other identification marks may be applied to animals and birds

62.—(1) The Director-General or an authorised officer may give directions to the owner or person in charge of any animal or bird to have that animal or bird branded, labelled or otherwise marked, either permanently or temporarily, for the purpose of identification.

(2) The branding, labelling or marking of any animal or bird under subsection (1) shall be carried out by a person designated by the Director-General under subsection (3) and the costs thereof shall be borne by the owner or person in charge of the animal or bird.

(3) The Director-General may designate any person to carry out the branding, labelling or marking of animals and birds for the purpose of this section.

(4) Any person who —

(a)	fails to comply with any direction given to him under subsection (1); or
(b)	counterfeits, copies, alters, defaces or erases, any brand, label or mark applied on any animal or bird under this section,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Repeal and re-enactment of sections 63 to 66

29. Sections 63 to 66 of the principal Act are repealed and the following sections substituted therefor:

“Quarantine stations

63.—(1) The Director-General may establish or designate such number of quarantine stations as he thinks necessary for the purposes of this Act.

(2) For the purposes of subsection (1), the Director-General may engage the service of any suitably qualified person to provide such number of quarantine stations as he thinks necessary and to manage any quarantine station established by him under subsection (1).

Prohibition against use of premises as unauthorised quarantine stations

64.—(1) No person shall use or permit any premises to be used as a quarantine station for animals or birds unless such premises have been designated by the Director-General as a quarantine station under section 63.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months.

Veterinary centres to be licensed

65.—(1) No person shall use or permit any premises to be used as a veterinary centre except under and in accordance with the conditions of a licence issued by the Director-General.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Certificate of freedom from disease

66.—(1) Any person intending to export any animal or bird or the carcase thereof or any product derived from such animal, bird or carcase may apply to an authorised examiner —

(a)	for a certificate certifying that Singapore is free from such disease as may be specified in the certificate; or
(b)	for the animal, bird, carcase or product, as the case may be, to be examined and thereafter certified as to whether it is free from any disease or other condition.

(2) An application under subsection (1) shall be accompanied by the prescribed fee.”.

Amendment of section 67

30. Section 67 (1) of the principal Act is amended by inserting, immediately after the word “birds” in the penultimate line, the words “, or any genetically modified organism”.

Repeal and re-enactment of sections 68 and 69 and new sections 69A to 69L

31. Sections 68 and 69 of the principal Act are repealed and the following sections substituted therefor:

“Licence to treat, vaccinate and innoculate animal or bird

68.—(1) No person other than an authorised officer shall treat, vaccinate or innoculate any animal or bird except under and in accordance with the conditions of a licence issued by the Director-General.

Licence to possess veterinary biologics

69.—(1) No person other than an authorised officer shall —

(a)	have in his possession any veterinary biologics; or
(b)	innoculate any animal or bird with any veterinary biologics,

except under and in accordance with the conditions of a licence issued by the Director-General.

Suspension and revocation of licences and permits

69A.—(1) The Director-General may suspend or revoke a licence or permit if he is satisfied that —

(a)

the issue of the licence or permit has been obtained by fraud or misrepresentation;

(b)

the person to whom the licence or permit has been issued is contravening or has contravened or has failed to comply with —

(i)	any of the provisions of this Act or any rules made thereunder;
(ii)	any condition of his licence or permit; or
(iii)	any direction given to him by the Director-General or an authorised officer under this Act or any rules made thereunder; or

(c)

it is in the public interest to suspend or revoke the licence or permit.

(2) The Director-General shall, before suspending or revoking the licence or permit under subsection (1), give the holder of the licence or permit notice in writing of his intention to do so and shall in such notice call upon the holder of the licence or permit to show cause within such time as may be specified in the notice as to why his licence or permit should not be suspended or revoked.

(3) If the holder of the licence or permit —

(a)	fails to show cause within the period of time given to him to do so or such extended period of time as the Director-General may allow; or
(b)	fails to show sufficient cause,

the Director-General shall give notice in writing to the holder of the licence or permit of the date from which the suspension or revocation of his licence or permit is to take effect.

(4) Any person who is aggrieved by the suspension or revocation of his licence or permit may, within 7 days from the date of receipt of the notice informing him of the suspension or revocation, appeal in writing to the Minister whose decision shall be final.

(5) Notwithstanding that any appeal under subsection (4) is pending, the suspension or revocation of a licence or permit under subsection (3) shall take effect from the date specified by the Director-General therefor, unless the Minister otherwise orders.

Powers of Director-General and authorised officer in cases of non-compliance with Act or any direction or order

69B.—(1) If a person to whom any of the provisions of this Act applies or to whom any direction or order is given under this Act fails to comply with such provision, direction or order, then, without prejudice to any proceedings that may be instituted against such person for such non-compliance, the Director-General or an authorised officer may perform any act or take any measure as is required by the provision, direction or order to be performed or taken and recover any costs and expenses reasonably incurred by him from that person.

(2) In exercising the powers conferred by subsection (1), the Director-General or authorised officer may, without warrant, enter any premises, vehicle, ship or aircraft and, if the circumstances so warrant, may use such force as may be necessary to effect such entry.

Power to require production of documents, etc.

69C.—(1) For the purpose of discharging his functions and duties under this Act and any rules made thereunder, the Director-General or an authorised officer may at any time require any person —

(a)

to produce to the Director-General or authorised officer for inspection or for the purpose of obtaining copies or extracts, or to provide the Director-General or authorised officer with copies or extracts of, any book, shipping bill, bill of lading or other document or record that the Director-General or authorised officer believes on reasonable grounds to contain any information relevant to the administration or enforcement of this Act or any rules made thereunder; or

(b)

to furnish any information as the Director-General or authorised officer may reasonably require.

(2) The Director-General or an authorised officer may record any information furnished by any person under subsection (1)(b) as a statement which shall be admissible as evidence in any proceedings in connection with any offence under this Act or any rules made thereunder.

(3) Any person who fails to comply with any requirement made by the Director-General or an authorised officer under subsection (1)(a) or (b) 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.

Offences committed by bodies corporate and by agents and servants

69D.—(1) Where an offence under this Act or any rules made thereunder has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he proves that —

(a)	the offence was committed without his consent or connivance; and
(b)	he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(2) Where an offence under this Act or any rules made thereunder is committed by any person acting as an agent or servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act or those rules in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.

Form and authentication of notices, orders and other documents

69E.—(1) All notices, orders and other documents of whatsoever nature which the Director-General is empowered to give by this Act or any rules made thereunder may be in such form as the Director-General may determine, and may be given by any authorised officer.

(2) Where any such notice, order or document requires authentication —

(a)	the signature of the Director-General or an authorised officer; or
(b)	an official facsimile of such signature,

appended thereto shall be sufficient authentication.

Inaccuracies in documents

69F.—(1) No misnomer or inaccurate description of any person, animal, bird, premises, building, street, place, vehicle, aircraft, ship or other conveyance named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act or any rules made thereunder shall in any way affect the operation of this Act or any such rules as respects that person, animal, bird, premises, building, street, place, vehicle, aircraft, ship or other conveyance if that person, animal, bird, premises, building, street, place, vehicle, aircraft, ship or other conveyance is so designated in the notice, order or document as to be identifiable.

(2) No proceedings taken under or by virtue of this Act or any rules made thereunder shall be invalid for want of form.

Service of documents

69G.—(1) Any notice, order or document required or authorised by this Act or any rules made thereunder to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act or any such rules may be served on the person —

(a)

by delivering it to the person or to some adult member or employee of his family or household at his usual or last known place of residence;

(b)

by leaving it at his usual or last known place of residence or business in an envelope addressed to the person;

(c)

by sending it by registered post addressed to the person at his usual or last known place of residence or business; or

(d)

in the case of an incorporated company, a partnership or a body of persons —

(i)	by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)	by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.

(2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order, document or summons, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order, document or summons, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.

(3) Any notice, order or document required or authorised by this Act or any rules made thereunder to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or any such rules may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order, document or summons to some conspicuous part of the premises.

(4) Any notice, order or document required or authorised by this Act or any rules made thereunder to be served on the owner or occupier of any premises or any summons issued by a court against any such owner or occupier in connection with any offence under this Act or any such rules shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.

Protection from liability

69H. No suit or other legal proceedings shall lie against the Authority, the Director-General or any authorised officer, police officer, officer of customs or any other person acting under the direction of the Authority or Director-General for anything which is in good faith done in the execution or purported execution of this Act or any rules made thereunder.

Jurisdiction of courts

69I.—(1) Notwithstanding anything to the contrary contained in the Criminal Procedure Code (Cap. 68), a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act or any rules made thereunder and to impose the full penalty or punishment in respect of any such offence.

(2) For the purpose of section 133 of the Criminal Procedure Code and notwithstanding subsections (1) and (2) thereof, a Magistrate may take cognizance of an offence under this Act or any rules made thereunder upon receiving a complaint in writing and signed by the Director-General or an authorised officer.

Evidence

69J.—(1) Subject to subsection (3) —

(a)	a document or certificate purporting to be report under the hand of the Director-General or an authorised officer upon any matter or thing in connection with the administration or enforcement of this Act or with any investigation carried out under this Act shall be admissible as evidence in any proceedings under this Act and shall be prima facie evidence of the facts stated therein; and
(b)	a certificate of an authorised examiner stating that he has examined any animal or bird or any other matter and stating the result of his examination shall be admissible as evidence in any proceedings for an offence under this Act and shall be prima facie evidence of the facts stated therein and of the correctness of the result of the examination.

(2) For the purposes of this section, a document purporting to be a certificate referred to in subsection (1) on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.

(3) A certificate referred to in subsection (1) shall not be received in evidence in pursuance of that subsection unless the person charged has been given —

(a)	a copy of the certificate; and
(b)	notice of the intention of the prosecution to produce the certificate as evidence in the proceedings,

not less than 10 clear days before the date of commencement of the proceedings.

(4) Where a certificate of the Director-General, an authorised officer or an authorised examiner is admitted in evidence under subsection (1), the person charged may require the Director-General, authorised officer or authorised examiner to be called as a witness for the prosecution and be cross-examined as if he had given evidence of the matters stated in the certificate.

Composition of offences

69K.—(1) The Director-General or any officer authorised in writing in that behalf by the Authority may, in his discretion, compound any offence under this Act or any rules made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.

(2) On payment of such sum, no further proceedings shall be taken against such person in respect of the offence.

Exemption

69L. The Director-General may, subject to any general or special directions of the Minister, exempt any person, premises, animal or bird or any class of persons, premises, animals or birds from any of the provisions of this Act or any rules made thereunder.”.

Repeal and re-enactment of section 70

32. Section 70 of the principal Act is repealed and the following section substituted therefor:

“Rules

70.—(1) The Minister may make rules for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed.

(2) Without prejudice to the generality of subsection (1), the Minister may make rules —

(a)	to provide for the designation of an authorised examiner, the conditions to be complied with by an authorised examiner and the suspension or revocation of any such designation;
(b)	to provide for the manner in which the quarantining, examination, treatment and certification of animals and birds are to be carried out;
(c)	to regulate the import, export and transhipment of animals, birds or carcases;
(d)	to provide for the prevention of the introduction and spread and for the control and eradication of diseases of animals and birds;
(e)	to provide for the cleansing or disinfection of buildings, vehicles, aircraft or ships in which diseased animals, birds or carcases have been kept or carried;
(f)	to provide for the disinfection of persons and the disinfection and treatment of animals, birds or articles that have been in contact with diseased animals, birds or carcases;
(g)	to regulate and control the sale, marketing and distribution of animals and birds and their products;
(h)	to provide for the licensing, control, supervision and inspection of places in which animals or birds are or may be kept in captivity for sale, export, exhibition, production, or any other purpose;
(i)	to provide for the inspection of premises subject to this Act and of vehicles, aircraft or ships used for the carriage of animals and birds;
(j)	to provide for the control of pollution caused by animals and the imposition of fees and charges for the purpose of such control together with the time, place and manner of collection;
(k)	to provide for the control and improvement of animal or bird production in respect of breeding, nutrition, health, management, husbandry and method of production;
(l)	to provide for the supply, collection and compilation of information and statistics of animals and birds and their products;
(m)	to provide for the establishment and designation of quarantine stations;
(n)	to regulate the management and maintenance of quarantine stations and veterinary centres;
(o)	to prescribe the fees to be charged for the purposes of this Act; and
(p)	to prescribe the offences which may be compounded under section 69K and the method and procedure by which such offences may be compounded.

(3) The Minister may, in making any rules, provide that any contravention of, or failure or neglect to comply with, any provision of the rules or any directive issued by the Director-General pursuant to the rules shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.

(4) All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.”.

Repeal of Schedule

33. The Schedule to the principal Act is repealed.

Miscellaneous amendments relating to penalties

34. The principal Act is amended —

(a)

by deleting “$500” in the following provisions and substituting in each case “$5,000”:

Sections 11(3) (10th line), 23(2) (4th line), 24(2) (4th line), 25(4) (4th line), 26(3) (4th line), 45(3) (4th line), 49(2), 51(2) (5th line) and 56 (4th line);

(b)

by deleting “$500” in the following provisions and substituting in each case the words “$5,000 or to imprisonment for a term not exceeding 6 months or to both”:

Sections 27(2) and 28(2);

(c)

by deleting “$500” and the words “6 months” in the following provisions and substituting in each case “$10,000” and the words “12 months”, respectively:

Sections 29(2), 30(4) (4th and 5th lines) and (5) (7th and 8th lines), 32(2) (4th and 5th lines), 33(2), 34(2) (4th and 5th lines), 35(4) (4th and 5th lines), 38(6) (3rd and 4th lines), 39(6) (4th and 5th lines) and 41(7) (4th and 5th lines) and (8) (4th and 5th lines); and

(d)

by deleting “$1,000” and the words “one year” in the following provisions and substituting in each case “$10,000” and the words “12 months”, respectively:

Sections 6(2) (4th and 5th lines), 7(3) (4th and 5th lines), 13(2) (6th and 7th lines), 15(3) (4th and 5th lines), 38(5), 50(3) (4th and 5th lines), 54 (6th and 7th lines), 55 (5th and 6th lines) and 67(2).

Related amendment to Fisheries Act

35. Section 7(2) of the Fisheries Act (Cap. 111) is amended by deleting paragraph (v) and substituting the following paragraph:

“(v)	to regulate or prohibit the import, export or transhipment of any species of fish if the Minister is of the opinion that such species of fish may pose a threat to the ecological balance or integrity of fisheries, or to public safety;”.

Transitional and savings provisions

36.—(1) Upon the commencement of this Act, every licence issued for the purposes of the repealed section 37 of the principal Act shall be deemed to be a licence issued under section 53A of the principal Act.

(2) Notwithstanding section 29 of this Act (which incorporates a new section 65 in the principal Act relating to the licensing of veterinary centres), every person who immediately before the commencement of this Act had been using any premises as a veterinary centre shall, upon the commencement of this Act, be entitled to continue to use those premises as a veterinary centre for a period of one month, as if the new section 65 of the principal Act had not been enacted, and if before the expiry of that period he applies for a licence under the new section 65 of the principal Act, he shall be entitled to continue to use those premises as a veterinary centre until the date on which his application for a licence under the new section 65 of the principal Act is granted or refused or withdrawn.

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