31.—(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8(b), require that person to provide a specimen of the person’s urine for urine tests to be conducted under this section.
(1A) The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person —
(a)
to present himself or herself to any officer of the Bureau, immigration officer or police officer not below the rank of sergeant; and
(b)
to provide a specimen of the relevant person’s urine for urine tests to be conducted under this section as required by such officer.
[1/2019]
(1B) Any serviceman in the Singapore Armed Forces who is appointed by the Minister as an enforcement officer may, if the enforcement officer reasonably suspects a person subject to military law under section 3 of the Singapore Armed Forces Act 1972 to have committed an offence under section 8(b), require that person to provide a specimen of that person’s urine for urine tests to be conducted under this section.
[1/2019]
(2) A person who, without reasonable excuse, fails to provide a specimen of his or her urine within such time as may be required by any of the officers referred to in subsection (1), (1A) or (1B) shall be guilty of an offence.
[1/2019]
(2A) A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence.
[1/2019]
(3) Any person (other than a citizen of Singapore or a permanent resident of Singapore) arriving in Singapore by land, sea or air who —
(a)
fails to comply with the requirement of an immigration officer under this section; or
(b)
is found as a result of urine tests conducted under subsection (4)(a) or (b) to have consumed a controlled drug,
may be prohibited from entering or remaining in Singapore.
(4) A specimen of urine provided under this section must be divided into 3 parts and dealt with, in such manner and in accordance with such procedure as may be prescribed, as follows:
(a)
a preliminary urine test must be conducted on one part of the urine specimen; and
(b)
each of the remaining 2 parts of the urine specimen must be marked and sealed and a urine test must be conducted on each part by a different person, being either an analyst employed by the Health Sciences Authority or any person as the Minister may, by notification in the Gazette, appoint for such purpose.
(5) Despite subsection (4), where upon conducting any preliminary urine test under subsection (4)(a), a part of a urine specimen has tested negative for controlled drugs, any of the officers referred to in subsection (1), (1A) or (1B) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (4)(b).
[30/2012; 1/2019]
(6) A certificate stating the result of a urine test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose.
[30/2012]
(7) The certificate stating the result of a urine test may be signed by an analyst or person appointed under subsection (6) even though he or she did not personally conduct the test to analyse the urine specimen as long as the test was conducted by another person acting under his or her direction.
[30/2012]
(8) In this section, a specimen of urine may be collected from a person on different occasions within the time referred to in subsection (2).
[30/2012]
(9) In this section and section 31A —
“relevant person” means —
(a)
any person discharged from an approved institution;
(b)
any person convicted of an offence, whether before, on or after the date of commencement of section 21(1)(d) of the Misuse of Drugs (Amendment) Act 2023, under —
(i)
subsection (2);
(ii)
section 8(b) or 31A(2);
(iii)
section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug; or
(iv)
section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug;
[Act 12 of 2023 wef 01/06/2023]
(c)
any person subject to a supervision order made under section 34(2)(a) whose supervision order has lapsed; or
(d)
any person who —
(i)
after having undergone treatment and rehabilitation at approved or other institutions; or
(ii)
after having been convicted of an offence under subsection (2) or section 8(b) or 31A(2) or an offence under section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug,
[Act 12 of 2023 wef 01/06/2023]
has been subject to a supervision order made pursuant to the regulations, and the supervision order has lapsed;
“relevant time” means —
(a)
in relation to a person mentioned in paragraph (a) of the definition of “relevant person”, the time the person is discharged from the approved institution;
(b)
in relation to a person mentioned in paragraph (b) of the definition of “relevant person”, the time the person is convicted of the offence under —
(i)
subsection (2);
(ii)
section 8(b) or 31A(2);
(iii)
section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug; or
(iv)
section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug;
[Act 12 of 2023 wef 01/06/2023]
(c)
in relation to a person mentioned in paragraph (c) of the definition of “relevant person”, the time the supervision order lapses; or
(d)
in relation to a person mentioned in paragraph (d) of the definition of “relevant person”, the time the supervision order lapses.