Powers of search, etc.
Open ↗50.—(1) For the purpose of ascertaining whether any animal or bird is suffering from disease or for the purpose of ascertaining whether any offence under this Act has been or is being committed —(a)
any authorised officer or police officer may enter and examine any land, building or premises on or in which the officer suspects any animal or bird is being kept, for the purpose of examining the animal, bird, land, building or premises, and the owner of the land, building, premises, animal or bird must render the authorised officer or police officer all necessary assistance and provide such information as may be required of the owner; and
(b)
any authorised officer, police officer or officer of customs may stop, enter and examine any conveyance used for carrying animals.[46/2014]
(2) Any authorised officer, police officer or officer of customs acting under subsection (1) may, if the circumstances so warrant, with such assistance as he or she thinks necessary, remove anything obstructing his or her entry to the premises or conveyance or break open any door, window, lock, fastener, hold, compartment, box, container or any other thing.
(2A) Any authorised officer, police officer or officer of customs acting under subsection (1) may take such photographs or audio or video recordings as necessary of any premises or conveyance referred to in that subsection (including anything in the premises or conveyance). [46/2014]
(2B) Any authorised officer, police officer or officer of customs may stop and examine in any street or public place any animal in respect of which the officer has reason to believe that an offence under this Act has been or is being committed.[46/2014]
(3) No compensation is payable to any person in respect of any damage to the person’s property caused or occasioned by any act authorised by subsection (2).
(4) Any person in charge of a conveyance who does not stop when required to do so by any authorised officer, police officer or officer of customs under subsection (1)(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.
Powers of seizure
Open ↗51.—(1) Where any authorised officer or police officer has reason to believe that any offence under this Act has been or is being committed or where any officer of customs has reason to believe that an offence under this Act relating to import or export has been or is being committed, the authorised officer, police officer or officer of customs may —(a)
seize any animal, bird, carcase or article which is the subject matter of such an offence;
(aa)
seize any article or conveyance with which or by means of which, the offence is reasonably suspected to have been committed; and
(b)
remove that animal, bird, carcase, article or conveyance to any compound, enclosure or other place selected by the authorised officer and there detain it.[46/2014]
(2) Where any animal, bird, carcase, article or conveyance has been seized and detained under subsection (1), the authorised officer, police officer or officer of customs must report the same to a Magistrate and the Magistrate may make such order for the further detention or release of the animal, bird, carcase, article or conveyance as the Magistrate may think fit.[46/2014]
(3) The owner of the animal, bird, carcase, article or conveyance must pay such sum as the Magistrate may consider reasonable to cover the expenses connected with its removal to a place of detention and unless that sum is paid within a specified time the animal, bird, carcase, article or conveyance must be forfeited.[46/2014]
Powers of arrest
Open ↗52.—(1) An authorised officer, a police officer or an officer of customs may arrest without warrant any person whom the officer reasonably suspects of committing or attempting to commit an offence under this Act.[46/2014]
(1A) The officer making an arrest under this section must not restrain the person arrested more than is necessary to prevent the person’s escape.[46/2014]
(2) Any authorised officer, police officer or officer of customs making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court.
(2A) A person who is arrested under this section must not be detained in custody for a period longer than is reasonable under the circumstances of the case, and such period must not exceed 48 hours (excluding the time necessary for the journey to a Magistrate’s Court).[46/2014]
(3) A person who has been arrested by any authorised officer, police officer or officer of customs must not be released, except on the person’s own bond or on bail or on the special order in writing of the Magistrate or the Director‑General.
Powers of investigation
Open ↗52A.—(1) For the purposes of investigating any offence under this Act, an authorised officer, a police officer or an officer of customs may do all or any of the following:(a)
examine orally any person who appears to be material to the investigation —(i)
whether before or after that person or anyone else is charged with an offence in connection with the case; and
(ii)
whether or not the person is to be called as a witness in any inquiry, trial or other proceeding in connection with the case;
(b)
issue a written notice requiring any person within the limits of Singapore, who appears to be material to the investigation, to attend before the officer;
(c)
require any person who is reasonably believed to have —(i)
any information; or
(ii)
any document or article in the person’s possession, custody or control,
relevant to the investigation, to provide that information, or produce that document or article.
[46/2014]
(2) Any person examined under this section is bound to state truly what the person knows of the facts and circumstances of the case, except that the person need not say anything that might expose the person to a criminal charge, penalty or forfeiture.[46/2014]
(3) A statement made by any person examined under this section must —(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted in a language that the person understands; and
(d)
after correction (if necessary), be signed by the person.[46/2014]
(4) If any person fails to comply with a written notice issued to the person by the authorised officer, police officer or officer of customs under subsection (1)(b), the officer may report such failure to a Magistrate who may then issue a warrant ordering the person to comply with the written notice.[46/2014]
(5) Subject to subsection (6), an authorised officer, a police officer or an officer of customs may take possession of, or any extract from or copy of, any document or article produced under subsection (1)(c) for further investigation.[46/2014]
(6) Any thing taken possession of by an authorised officer, a police officer or an officer of customs under subsection (5) —(a)
must be placed in safe custody by the officer; and
(b)
unless ordered otherwise by a court, may be retained by the officer until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.[46/2014]
(7) Any person who, without reasonable excuse, refuses or fails to comply with any notice issued to the person under subsection (1)(b) or with any requirement made of the person under subsection (1)(c) 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 6 months or to both.[46/2014]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
