On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 02/01/2011.
PART IX
OFFENCES AND PENALTIES
60. Any person who without lawful excuse obstructs or impedes or assists in obstructing or impeding any authorised officer, officer of customs or police officer in the exercise of his duties under this Act or any rule or order made thereunder 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.
[54
[16/2000; 10/2002]
61. Any person who without lawful authority alters any licence or permit issued under this Act or knowingly makes use of any licence or permit so altered 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.
[55
[10/2002]
62.
—(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;
(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
(c)
it is in the public interest to suspend or revoke the licence or permit.
[10/2002]
(2) The Director-General shall, before suspending or revoking the licence or permit under subsection (1) —
(a)
give the holder of the licence or permit notice in writing of his intention to do so; and
(b)
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.
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(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.
[69A
[10/2002]
63. Any person guilty of an offence under this Act, or any rule or order made thereunder for which no expressed penalty is provided 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.
[56
[10/2002]
64.
—(1) The court before which any person is tried for an offence under this Act 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 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.
[10/2002]
(2) Where no party raises the question of forfeiture under subsection (1), the court shall consider the question on its own motion.
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(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).
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(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.
[10/2002]
(11) In this section, “item” means any animal, bird, carcase or any other article.
[57
[10/2002]
65.
—(1) Where the owner or person in charge of a diseased animal or bird is charged with an offence under this Act in respect of the disease, he shall be presumed to have known of the existence of the disease in the animal or bird until he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.
(2) Where there is any doubt regarding the ownership of any animal or bird, the person found in possession of the animal or bird, or the occupier of the premises frequented by it may be presumed to be the owner thereof until the contrary is proved.
[58
66.
—(1) Where an offence under this Act 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.
[10/2002]
(2) Where an offence under this Act 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 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.
[69D
[10/2002]
67.
—(1) Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of any offence under this Act.
[10/2002]
(2) For the purpose of section 151 of the Criminal Procedure Code 2010, on receiving the complaint in writing and signed by the Director-General or an authorised officer, the Magistrate must proceed to issue a summons or warrant in accordance with section 153 of the Criminal Procedure Code 2010.
68.
—(1) Subject to subsection (3) —
(a)
a document or certificate purporting to be a 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.
[10/2002]
(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 presumed to be such a certificate.
[10/2002]
(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.
[10/2002]
(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.
[69J
[10/2002]
69.
—(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 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.
[10/2002]
(2) On payment of such sum, no further proceedings shall be taken against such person in respect of the offence.
[69K
[10/2002]