Power of inspection
9. An authorised officer may, for the purpose of ensuring compliance with this Act, do all or any of the following:(a)
at any reasonable time enter and inspect any premises or conveyance in which the officer reasonably believes there is any item to which this Act applies or any document relating to the administration of this Act;
(b)
open or cause to be opened any door, window, lock, fastener, compartment, box, container or any other thing that the officer reasonably believes contains any such item or document;
(c)
inspect any such item, and take such item or any sample thereof free of charge;
(d)
inspect or copy, in whole or in part, any such document;
(e)
make such examination or inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with;
(f)
exercise such other powers as may be reasonable and necessary for giving effect to the provisions of this Act.
Power to investigate and require information
10.—(1) Where the Director‑General has reason to believe that any person has contravened any provision of this Act, the Director‑General may investigate the matter and, for the purposes of any such investigation, the Director‑General may —(a)
call upon any authorised officer to make whatever preliminary investigation the Director‑General considers necessary;
(b)
require the production for inspection by the Director‑General or any authorised officer of any book, document or paper which may relate to or be connected with the subject matter of the investigation;
(c)
require any person to give all information in relation to any such book, document or paper which may be reasonably required by the Director‑General or the authorised officer;
(d)
require any person to furnish any other information as the Director‑General or the authorised officer may require; and
(e)
by written order require any person in Singapore whom the Director‑General or authorised officer has reason to believe to be acquainted with any fact or circumstance relevant to that purpose to attend before the Director‑General or authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.[10/2019]
(2) If the Director‑General has reason to suspect that any scheduled species found in any premises or conveyance or in the possession of any person has been imported or introduced from the sea, the Director‑General may require any person who has in the person’s possession or custody or under the person’s control the scheduled species —(a)
to declare its scientific name; and
(b)
to furnish to the Director‑General such other information as the Director‑General may require.
(3) The Director‑General or an authorised officer may record any information furnished by any person under subsection (1) or (2) as a statement which is admissible as evidence in any proceedings in connection with any offence under this Act.
(4) The person mentioned in subsection (1)(e) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.[10/2019]
(5) A statement made by any person examined under subsection (1)(e) 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.[10/2019]
(6) If any person fails to attend before the Director‑General or an authorised officer as required by an order under subsection (1)(e), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.[10/2019]
Power of entry, search and seizure
11.—(1) An authorised officer may —(a)
without warrant enter and search any premises and stop, board and search any conveyance in or on which the authorised officer reasonably suspects that there is to be found any scheduled species in contravention of this Act; and [Act 21 of 2022 wef 01/11/2022]
(b)
search any person found in such premises or conveyance.[Act 21 of 2022 wef 01/11/2022]
(c)
[Deleted by Act 21 of 2022 wef 01/11/2022]
(2) For the purpose of exercising his or her power under this Act, an authorised officer may, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, compartment, box, container or any other thing.
(3) An authorised officer may seize the following:(a)
any scheduled species liable to seizure;
(b)
any receptacle or package in which the scheduled species mentioned in paragraph (a) is found, and any handling or other device used for or in connection with the scheduled species;
(c)
any thing (including any animal or plant that is not a scheduled species) that is used to conceal the scheduled species mentioned in paragraph (a);
(d)
any article or conveyance with which, or by means of which, an offence under section 4 or 5 is reasonably suspected to be, or has been, committed;
(e)
any food or drink which accompanies the scheduled species mentioned in paragraph (a);
(f)
any other thing which appears to be or to contain evidence of an offence under section 4 or 5.[Act 21 of 2022 wef 01/11/2022]
(3A) Where any thing seized under subsection (3) is perishable, the Director-General or an authorised officer may dispose of it in any manner that the Director-General or authorised officer thinks fit.[Act 21 of 2022 wef 01/11/2022]
(4) For the purposes of this section, any animal or plant is liable to seizure if an authorised officer has reason to suspect that it is a scheduled species —(a)
which is being or has been imported, introduced from the sea, exported or re-exported in contravention of section 4(1)(a);[Act 21 of 2022 wef 01/11/2022]
(b)
which is possessed by or under the control of or being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(1)(b);[Act 21 of 2022 wef 01/11/2022]
(c)
which is being sold or offered or exposed or advertised for sale, or being displayed in contravention of section 4(1)(c); or[Act 21 of 2022 wef 01/11/2022]
(d)
which is in transit in Singapore in contravention of section 5(1).
Powers ancillary to inspections and searches
12.—(1) For the purpose of carrying out an inspection under section 9 or a search under section 11, an authorised officer may stop a conveyance or direct that it be moved to a place where the inspection or search may be carried out.
(2) Any item (including any sample thereof) taken under section 9, or any animal, plant or item seized under section 11(3), may be kept or stored in the premises or conveyance where it was taken or seized (as the case may be) or may, at the direction of the Director‑General or an authorised officer, be removed to any other place to be kept or stored thereat.[Act 21 of 2022 wef 01/11/2022]
(3) The Director‑General or an authorised officer may subject any animal, plant or item referred to in subsection (2) to such examination or analysis as the Director‑General or authorised officer may consider necessary for the purposes of the administration of this Act.
(4) No compensation is payable in respect of any animal, plant or item which is damaged or otherwise destroyed by virtue of any examination or analysis under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the Director‑General or the authorised officer.
(5) The Director‑General or an authorised officer may mark, seal or label any animal, plant or item referred to in subsection (2) in any manner that the Director‑General or authorised officer thinks fit and may lock or seal the premises, conveyance or other place in which it is being kept or stored.
(6) Any person who, without the authority of the Director‑General or an authorised officer —(a)
interferes or tampers with, removes, distributes, sells or otherwise disposes of any animal, plant or item referred to in subsection (2);
(b)
opens, breaks or otherwise tampers with the lock or seal placed by the Director‑General or an authorised officer on any premises or conveyance or part thereof under subsection (5); or
(c)
alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director‑General or an authorised officer on any animal, plant or item under subsection (5),
shall be guilty of an offence.
Authorised officer’s assistants
12A. An authorised officer may be accompanied or assisted by persons necessary for the exercise of the authorised officer’s powers under section 9, 11 or 12.[Act 21 of 2022 wef 01/11/2022]
Power to require scheduled species to be marked, etc.
13.—(1) The Director‑General may require any owner, importer, exporter or re‑exporter of scheduled species to brand, label or otherwise mark the scheduled species to the satisfaction of the Director‑General.
(2) Despite subsection (1), the Director‑General may brand, label or mark any such scheduled species.
(3) Any person who contravenes any requirement of the Director‑General under subsection (1) shall be guilty of an offence.
(4) Any person who alters, counterfeits, defaces, destroys, erases or removes any brand, label or mark referred to in subsection (1) or (2) without the prior approval of the Director‑General shall be guilty of an offence.
(5) In this section, a reference to the labelling or marking of scheduled species includes a reference to the following:(a)
in the case of a plant —(i)
the labelling or marking of a container in which the plant is kept or in which the plant is growing; or
(ii)
the placement of a label or tag on the plant; and
(b)
in the case of an animal —(i)
the implantation of a scannable device in the animal;
(ii)
the placement of a band on any part of the animal;
(iii)
the placement (whether by piercing or otherwise) of a tag, tattoo or ring on any part of the animal; or
(iv)
the labelling or marking of a container in which the animal is kept.
Power of arrest
14.—(1) The Director‑General or any authorised officer may arrest without warrant any person committing or attempting to commit or whom the Director‑General or authorised officer reasonably suspects of being engaged in committing or attempting to commit any offence under this Act.
(2) The Director‑General or any authorised officer making an arrest without warrant must, subject to subsection (3), without unnecessary delay bring the person arrested before a Magistrate’s Court or a District Court.
(3) No person who has been arrested by the Director‑General or any authorised officer is to be released, except on the person’s own bond or on bail or on the special order in writing of the Magistrate, the District Judge or the Director‑General.
Seized items liable or not liable to forfeiture
15. All seized items are liable to forfeiture under section 15A or 15B, except a conveyance which —(a)
is of more than 200 tons net; or
(b)
is an aircraft or a train belonging to a person carrying on a regular passenger service to and from Singapore by means of that aircraft or train.[Act 21 of 2022 wef 01/11/2022]
Forfeiture, etc., of seized items by court in criminal proceedings
15A.—(1) A court may, in any criminal proceeding against a person for an offence under this Act, order that a seized item in connection with the offence be forfeited to the Director-General if —(a)
where the seized item is a conveyance — the person is convicted of the offence and the conveyance is proved to have been used in the commission of the offence; or
(b)
where the seized item is not a conveyance — the court is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.
(2) The court may consider the question of forfeiture under subsection (1) on its own motion if no party raises the question in the proceedings before the court.
(3) A conveyance mentioned in subsection (1)(a) must not be forfeited under that provision if its owner establishes that the conveyance was unlawfully in the possession of another person without the consent of the owner.
(4) The court may make an order under subsection (1)(b) for the forfeiture of any seized item even though no person is convicted of an offence.
(5) If the court does not order the forfeiture of a seized item under subsection (1), the court may —(a)
order the release of the seized item to the owner of or the person entitled to the seized item; or
(b)
where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the court thinks fit in relation to the disposal of the seized item.
(6) The court must not order the release of a seized item under subsection (5) if the court is satisfied that the seized item is relevant for the purposes of any investigation or criminal proceeding for an offence under this Act.[Act 21 of 2022 wef 01/11/2022]
Forfeiture, etc., of seized items (except conveyance) in other circumstances
15B.—(1) The Director-General must, in respect of a seized item, give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the seized item to be made in accordance with subsection (2) within the time specified in the notice, if —(a)
no criminal proceeding is instituted against any person for an offence under this Act in relation to the seized item; and
(b)
the Director-General is satisfied that the seized item is not relevant for the purposes of any investigation under this Act.
(2) A person who wishes to claim the seized item (called in this section the claimant) must submit, either personally or through an authorised agent, a written claim (containing the basis of the claimant’s claim) to the Director-General.
(3) The seized item is forfeited to the Director-General if —(a)
no claim is received for the seized item within the period stated in the written notice mentioned in subsection (1); or
(b)
the owner of the seized item consents to its disposal by the Director-General.
(4) If the Director-General receives a written claim for the seized item under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General may release the seized item to the claimant or refer the matter to a District Judge or Magistrate for decision.
(5) Where the Director-General refers the matter to a District Judge or Magistrate for decision under subsection (4), the District Judge or Magistrate may issue a summons requiring the claimant or any other person to appear before the District Judge or Magistrate to be examined or give evidence on the matter.
(6) The District Judge or Magistrate may order that the seized item be forfeited to the Director-General, if the District Judge or Magistrate is satisfied that an offence under this Act has been committed and that the seized item was the subject matter, or used (or intended to have been used) in the commission, or constitutes evidence, of the offence.
(7) If the District Judge or Magistrate does not order the forfeiture of a seized item under subsection (6), the District Judge or Magistrate may —(a)
order the release of the seized item to the owner of or the person entitled to the seized item; or
(b)
where the owner of or the person entitled to the seized item cannot be ascertained or found — make any order or give any direction that the District Judge or Magistrate thinks fit in relation to the disposal of the seized item.
(8) In this section and section 15C, “authorised agent”, for a claimant, means a person who is designated in writing by the claimant as the claimant’s authorised agent for the purposes of the applicable section.[Act 21 of 2022 wef 01/11/2022]
Release of seized conveyance in other circumstances
15C.—(1) Where a conveyance is seized under this Act, the Director-General must give its owner (if known) and the person from whom it was seized a written notice requiring any claim for the conveyance to be made in accordance with subsection (2) within the time specified in the notice, if —(a)
no criminal proceeding is instituted against any person for an offence under this Act in relation to the conveyance; and
(b)
the Director-General is satisfied that the conveyance is not relevant for the purposes of any investigation under this Act.
(2) A person who wishes to claim the conveyance (called in this section the claimant) must submit, either personally or through an authorised agent, a written claim (containing the basis of the claimant’s claim) to the Director-General.
(3) Subject to subsection (4), if the Director-General receives a written claim for the conveyance under subsection (2) within the period stated in the written notice mentioned in subsection (1), the Director-General must release the conveyance to the claimant.
(4) The Director-General may refer the matter to a District Judge or Magistrate for decision if —(a)
no claim is received for the conveyance within the period stated in the written notice mentioned in subsection (1); or
(b)
the Director-General is unable to ascertain the owner of or the person entitled to the conveyance.
(5) Where the Director-General refers the matter to a District Judge or Magistrate for decision under subsection (4), the District Judge or Magistrate may issue a summons requiring the claimant or any other person to appear before the District Judge or Magistrate to be examined or give evidence on the matter.
(6) After considering the matter, the District Judge or Magistrate may —(a)
order the release of the conveyance to the owner of or the person entitled to the conveyance; or
(b)
where the owner of or the person entitled to the conveyance cannot be ascertained or found — make any order or give any direction that the District Judge or Magistrate thinks fit in relation to the disposal of the conveyance.[Act 21 of 2022 wef 01/11/2022]
Director-General’s powers after forfeiture
15D.—(1) Where any item is forfeited to the Director-General under or pursuant to section 15A or 15B, the Director-General may —(a)
in the case where the item is a scheduled species which was brought into Singapore in or on a conveyance in contravention of this Act — direct the owner of the conveyance to repatriate the scheduled species to the place from which the scheduled species was brought into Singapore or any other place designated by the Director-General; or
(b)
in any case — dispose of the item in any manner that the Director-General thinks fit.
(2) The owner of a conveyance who is directed to repatriate any scheduled species under subsection (1)(a) must, at the owner’s expense, arrange for —(a)
the repatriation of the scheduled species in accordance with the direction; and
(b)
the proper care and maintenance of the scheduled species during the repatriation.
(3) A person is not required to comply with subsection (2) in respect of a direction made under subsection (1)(a) unless the direction is made within —(a)
12 months after the date on which the scheduled species mentioned in the direction was brought into Singapore; or
(b)
6 months after the date on which criminal proceedings for the offence in connection with the contravention mentioned in subsection (1)(a) are concluded or the date on which the offence is compounded,
whichever is the later.
(4) Any person who, without reasonable excuse, contravenes subsection (2) 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.[Act 21 of 2022 wef 01/11/2022]
Expenses
15E.—(1) The following persons are responsible for any expenses incurred by the Director-General or any authorised officer for the seizure, detention, storage, housing, care, maintenance, testing, transport, repatriation or disposal of any seized item:(a)
in the case where the item is a scheduled species which was brought into Singapore in contravention of this Act — the owner of the scheduled species and the person who brought the scheduled species, or caused the scheduled species to be brought, into Singapore (jointly and severally);
(b)
in the case where the item is a scheduled species which was being exported or re-exported from Singapore in contravention of this Act — the owner, and the exporter or re-exporter (as the case may be), of the scheduled species (jointly and severally);
(c)
in the case where the item is seized in connection with —(i)
any scheduled species mentioned in paragraph (a) — the persons mentioned in that paragraph, jointly and severally; or
(ii)
any scheduled species mentioned in paragraph (b) — the persons mentioned in that paragraph, jointly and severally;
(d)
in any other case — the owner of the item.
(2) If the amount of the expenses mentioned in subsection (1) is not paid by the person responsible for the expenses under that subsection within 14 days after demand, the amount may be reported to a Magistrate’s Court or a District Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court or a District Court.[Act 21 of 2022 wef 01/11/2022]
Obstruction
16. Any person who —(a)
obstructs or impedes the Director‑General or any authorised officer in the execution of the Director‑General’s or authorised officer’s duty under this Act; or
(b)
without reasonable excuse, refuses or fails to produce or furnish any book, document, paper or information or render all necessary assistance as may be required or directed by the Director‑General or an authorised officer,
shall be guilty of an offence.
Penalty for false declarations, etc.
17.—(1) Any person who, being required by this Act to make or furnish any declaration, statement, representation or information or to produce any document or who, for the purpose of obtaining any permit under this Act —(a)
makes or furnishes any declaration, statement, representation or information which is false or misleading in a material particular; or[Act 21 of 2022 wef 01/11/2022]
(b)
produces any document which the person knows or has reason to believe —(i)
is false or misleading in any material particular;
(ii)
has not been given by the person by whom it is purported to have been given; or
(iii)
contains any unauthorised alteration or has been tampered with in any way,[Act 21 of 2022 wef 01/11/2022]
shall be guilty of an offence.
[Act 21 of 2022 wef 01/11/2022]
(2) Any person who —(a)
without lawful authority alters, forges, mutilates or defaces any permit; or
(b)
knowingly makes use of any permit which has been so altered, forged, mutilated or defaced,
shall be guilty of an offence.
General penalty
18. Any person guilty of an offence under this Act for which no penalty is expressly provided 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.
Abetment of offences
19. Any person who abets the commission of, or who attempts to commit, any offence under this Act shall be guilty of an offence and shall be liable on conviction to be punished with the punishment provided for the offence.
Offences by corporations
20.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the officer, employee or agent had that state of mind,
is evidence that the corporation had that state of mind.
(2) Where a corporation commits an offence under this Act, a person —(a)
who is —(i)
an officer of the corporation; or
(ii)
an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or
(iii)
knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
(6) In this section —“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes —(a)
any person purporting to act in any such capacity; and
(b)
for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
(7) The Minister may make rules to provide for the application of any provision of this section, with any modification that the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.[Act 21 of 2022 wef 01/11/2022]
Offences by unincorporated associations or partnerships
20A.—(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —(a)
an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and
(b)
the employee or agent had that state of mind,
is evidence that the unincorporated association or partnership had that state of mind.
(2) Where an unincorporated association or a partnership commits an offence under this Act, a person —(a)
who is —(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or
(iii)
an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and
(b)
who —(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or
(iii)
knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,
shall be guilty of that same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly.
(3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as the unincorporated association or partnership would bear.
(4) To avoid doubt, this section does not affect the application of —(a)
Chapters 5 and 5A of the Penal Code 1871; or
(b)
the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
(5) To avoid doubt, subsection (2) does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
(6) In this section —“officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes —(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b)
any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner;
“state of mind” of a person includes —(a)
the knowledge, intention, opinion, belief or purpose of the person; and
(b)
the person’s reasons for the intention, opinion, belief or purpose.
(7) The Minister may make rules to provide for the application of any provision of this section, with any modification that the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.[Act 21 of 2022 wef 01/11/2022]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
