Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Obstructing officers in execution of their duties
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 the officer’s 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.
Giving false information
60A. A person —(a) who intentionally alters, suppresses or destroys any document or information which the person has been required by or under section 52A to produce or provide; or (b) who, in producing or providing any document or information required by or under section 52A, makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, 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. [10/2019]
Altering licences
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.
Suspension and revocation of licences and permits
62.—(1) The Director‑General may suspend or revoke a licence or permit if the Director‑General 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 the licence or permit; or (iii) any direction given to the person by the Director‑General or an authorised officer under this Act or by the Director‑General, Food Administration under Part 2A of the Sale of Food Act 1973; or (c) it is in the public interest to suspend or revoke the licence or permit.[48/2017; 10/2019] (2) The Director‑General must, before suspending or revoking the licence or permit under subsection (1) —(a) give the holder of the licence or permit written notice of the Director‑General’s 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 the 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 the holder 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 must give written notice to the holder of the licence or permit of the date from which the suspension or revocation of the licence or permit is to take effect. (4) Any person who is aggrieved by the suspension or revocation of the person’s licence or permit may, within 7 days from the date of receipt of the notice informing the person of the suspension or revocation, appeal in writing to the Minister whose decision is final. (5) Even though an appeal under subsection (4) is pending, the suspension or revocation of a licence or permit under subsection (3) takes effect from the date of suspension or revocation specified by the Director‑General, unless the Minister otherwise orders.
Penalties for offences for which no expressed penalty is provided
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.
Forfeiture
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. (2) Where no party raises the question of forfeiture under subsection (1), the court is to 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 even though 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 is to 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 must give the person from whom the item was seized or the owner of the item written notice that the item is, on the expiry of 7 days from the date specified in the notice, deemed to be forfeited unless a claim thereto is made before then in accordance with subsection (6). (6) A person asserting —(a) that the person is the owner of, or 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 the person’s agent authorised in writing, give written notice to the Director‑General that the person 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 expiry of 7 days from the date specified in the notice mentioned in subsection (5), the item to which the notice relates is deemed to be forfeited. (9) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is thereupon deemed to be forfeited. (10) Any item forfeited or deemed to be forfeited under this section must be delivered to an authorised officer and must 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.
Presumptions
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, the owner or person is presumed to have known of the existence of the disease in the animal or bird until the owner or person shows to the satisfaction of the court before which the owner or person is charged that the owner or person 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.
Offences committed by bodies corporate and by agents and servants
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 or she proves that —(a) the offence was committed without his or her consent or connivance; and (b) he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances. (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 affecting the liability of the firstmentioned person, be liable under this Act in the same manner and to the same extent as if that other person had personally committed the offence if it is proved that the act which constituted the offence was committed with that other person’s consent or connivance or that it was attributable to any neglect on that other person’s part.
Jurisdiction of court
67.—(1) Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act. (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.[15/2010]
Evidence
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 is admissible as evidence in any proceedings under this Act and is prima facie evidence of the facts stated therein; and (b) a certificate of an authorised examiner stating that he or she has examined any animal or bird or any other matter and stating the result of his or her examination is admissible as evidence in any proceedings for an offence under this Act and is 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 mentioned in subsection (1) on its production by the prosecution is, unless the contrary is proved, presumed to be such a certificate. (3) A certificate mentioned in subsection (1) is not to be received in evidence pursuant to 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, at least 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 or she had given evidence of the matters stated in the certificate.
Composition of offences
69.—(1) The Director‑General or any officer authorised in writing in that behalf by the Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $1,000.[10/2019] (2) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (3) All composition sums collected under this section must be paid into the Consolidated Fund.[10/2019]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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