Interpretation of this Part
81.  In this Part, unless the context otherwise requires —
“aircraft” has the same meaning as in section 2 of the Regulation of Imports and Exports Act (Cap. 272A);
“authorised officer” means —
(a)an officer of customs as defined in section 3 of the Customs Act (Cap. 70); or
(b)any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part;
“conveyance” has the same meaning as in section 2 of the Regulation of Imports and Exports Act (Cap. 272A);
“Director-General” means the Director-General of Customs appointed under section 4(1) of the Customs Act;
“goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance;
“infringement action” means an action for an infringement of the relevant registered trade mark constituted by any use of a sign (within the meaning of section 27(4)) in relation to the seized goods;
[Act 34 of 2018 wef 21/11/2019]
“master” has the same meaning as in section 2 of the Regulation of Imports and Exports Act;
[Deleted by Act 34 of 2018 wef 21/11/2019]
“pilot of an aircraft” has the same meaning as in section 2 of the Regulation of Imports and Exports Act;
“proprietor”, in relation to a registered trade mark, includes a licensee of the trade mark;
“requestor”, in relation to particular seized goods, means the person who gave the written notice under section 82(1) as a result of the giving of which the goods were seized;
[Act 34 of 2018 wef 21/11/2019]
“retention period”, in relation to seized goods, means —
(a)the period specified in a notice given under section 85 in respect of the goods; or
(b)if that period has been extended under section 85, that period as so extended;
“seized goods” means goods seized under section 82;
“senior authorised officer” means —
(a)a senior officer of customs as defined in section 3 of the Customs Act; and
(b)any officer or class or description of officers appointed by the Minister by notification in the Gazette to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part;
“vehicle” has the same meaning as in section 2 of the Regulation of Imports and Exports Act (Cap. 272A);
“vessel” has the same meaning as in section 2 of the Regulation of Imports and Exports Act.
[Copyright 1988 Ed., s. 140A]
[4/2003; 20/2004]
Delegation of Director-General’s powers
81A.  The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act (Cap. 70)) any of the powers of the Director-General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director-General may determine.
[Act 34 of 2018 wef 10/10/2018]
Fees
81B.—(1)  The Minister charged with the responsibility for customs duties may make rules to prescribe the fees payable to the Director-General in connection with the administration of this Part.
(2)  Without limiting subsection (1), rules may be made to prescribe fees for the following purposes:
(a)for the escort of a conveyance conveying goods seized under section 82(4) or 93A;
(b)for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of such seized goods;
(c)for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Part.
[Act 34 of 2018 wef 21/11/2019]
Restriction of importation or exportation of infringing goods
82.—(1)  A person who is the proprietor or a licensee of a registered trade mark may give the Director-General a written notice —
(a)stating that he is —
(i)the proprietor of the registered trade mark; or
(ii)a licensee thereof having the power to give such a notice;
(b)stating that goods which, in relation to the registered trade mark, are infringing goods are expected to be imported or exported;
[Act 34 of 2018 wef 21/11/2019]
(c)providing sufficient information —
(i)to identify the goods;
(ii)to enable the Director-General to ascertain when and where the goods are expected to be imported or exported; and
[Act 34 of 2018 wef 21/11/2019]
(iii)to satisfy the Director-General that the goods are infringing goods; and
(d)requesting the Director-General to seize the goods.
[20/2004]
[Act 34 of 2018 wef 21/11/2019]
(2)  A notice under subsection (1) must be —
(a)in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and
(b)accompanied by the fee prescribed under section 81B.
[Act 34 of 2018 wef 21/11/2019]
(3)  A notice under subsection (1) shall remain in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by notice in writing given to the Director-General —
(a)if the person giving the first-mentioned notice is a licensee of the registered trade mark and he has power to revoke the notice, by the licensee;
(b)in any other case, by the person who is then the proprietor of the registered trade mark.
[Act 34 of 2018 wef 21/11/2019]
(4)  If —
(a)a notice has been given under this section in respect of a registered trade mark;
(b)the notice has not lapsed or been revoked; and
(c)a person imports or proposes to export goods, not being goods in transit, which bear a sign that, or whose packaging bears a sign that, in the opinion of an authorised officer, is identical with or similar to the registered trade mark in question,
an authorised officer may seize the goods.
[Act 34 of 2018 wef 21/11/2019]
(5)  The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —
(a)for the times at which, and the manner in which, notices are to be given;
(b)for the giving of information and evidence to the Director-General; and
(c)that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director-General or any such rule.
[Act 34 of 2018 wef 21/11/2019]
[Copyright 1988 Ed., s. 140B]
Security for liability or expense of seizure, storage and disposal
83.  An authorised officer may refuse to seize goods under section 82 unless —
(a)the requestor has deposited with the Director-General a sum of money that, in the opinion of the Director-General, is sufficient to —
(i)reimburse the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and
[Act 34 of 2018 wef 10/10/2018]
(ii)pay such compensation as may be ordered by the Court under section 89(2) or 90(6); or
[Act 34 of 2018 wef 21/11/2019]
(b)the requestor has given security, to the satisfaction of the Director-General, for the reimbursement of the Government for any such liability or expense and the payment of such compensation.
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
[Copyright 1988 Ed., s. 140C]
Secure storage of seized goods
84.  At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director-General considers appropriate.
[Act 34 of 2018 wef 21/11/2019]
Notice of seizure
85.—(1)  As soon as is practicable after goods are seized under section 82, the Director-General shall give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the goods and stating that they have been seized.
[Act 34 of 2018 wef 21/11/2019]
(2)  A notice under subsection (1) shall state that the goods will be released to the importer or exporter unless —
(a)an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and
[Act 34 of 2018 wef 21/11/2019]
(b)the requestor gives written notice to the Director-General within that period stating that the infringement action has been instituted.
[Act 34 of 2018 wef 21/11/2019]
(3)  The period to be specified for the purpose of paragraph (a) of subsection (2) is the period prescribed for the purposes of that paragraph.
(4)  The day specified for the purposes of subsection (2)(a) shall not be earlier than the day on which the notice is given.
(5)  The requestor may, by written notice given to the Director-General before the end of the period specified in a notice for the purposes of subsection (2)(a) (the initial period), request that the period be extended.
[Act 34 of 2018 wef 21/11/2019]
(6)  Subject to subsection (7), if —
(a)a request is made in accordance with subsection (5); and
(b)the Director-General is satisfied that it is reasonable that the request be granted,
the Director-General may extend the initial period by such period as is prescribed.
(7)  A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates.
[Copyright 1988 Ed., s. 140E]
Persons bound to give information or produce documents
85A.—(1)  At any time after goods have been seized under section 82(4), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.
(2)  The purposes mentioned in subsection (1) are —
(a)to enable the Director-General to satisfy a request under section 85B (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Division or Division 3 in relation to future shipments of goods; and
[Act 34 of 2018 wef 21/11/2019]
(c)for a statistical or research purpose.
(3)  A person who —
(a)without reasonable excuse, fails to comply with a requirement under subsection (1); or
(b)in purported compliance with such requirement, knowingly or recklessly provides any information or document that 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person.
(5)  Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3).
(6)  No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2).
(7)  A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 34 of 2018 wef 10/10/2018]
Information on import or export
85B.—(1)  After goods have been seized under section 82(4), the Director-General may, upon the request of the requestor, and if the Director-General is satisfied that the information is necessary to enable the requestor to institute an infringement action, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.
[Act 34 of 2018 wef 21/11/2019]
(2)  Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection.
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
Inspection, release, etc., of seized goods
86.—(1)  The Director-General may permit the requestor or the importer or exporter (as the case may be) to inspect the seized goods.
[Act 34 of 2018 wef 21/11/2019]
(2)  If the requestor gives the requisite undertakings, the Director-General may permit the requestor to remove a sample of the seized goods from the custody of the Director-General for inspection by the requestor.
[Act 34 of 2018 wef 21/11/2019]
(3)  If the importer or exporter (as the case may be) gives the Director-General the requisite undertakings, the Director-General may permit the importer or exporter to remove a sample of the seized goods from the custody of the Director-General for inspection by the importer or exporter.
[Act 34 of 2018 wef 21/11/2019]
(4)  The requisite undertakings are undertakings in writing that the person giving the undertaking will —
(a)return the sample to the Director-General at a specified time that is satisfactory to the Director-General; and
(b)take reasonable care to prevent damage to the sample.
(5)  If the Director-General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director-General is not liable to the importer or exporter for any loss or damage suffered by the importer or exporter arising out of —
(a)damage to any of the seized goods incurred during that inspection; or
(b)anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director-General or any use made by the requestor of such a sample.
[Act 34 of 2018 wef 21/11/2019]
[Copyright 1988 Ed., s. 140F]
Forfeiture of seized goods by consent
87.—(1)  Subject to subsection (2), the importer or exporter (as the case may be) may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized goods being forfeited to the Government.
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
(2)  The notice shall be given before any infringement action in relation to the seized goods is instituted.
(3)  If the importer or exporter satisfies the requirements of subsection (1), the seized goods are forfeited to the Government and shall be disposed of —
(a)in the manner prescribed by rules made under this Act; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
[Act 34 of 2018 wef 21/11/2019]
[Act 34 of 2018 wef 10/10/2018]
[Copyright 1988 Ed., s. 140G]
Compulsory release of seized goods to importer or exporter
88.—(1)  The Director-General shall release seized goods (not being goods forfeited to the Government under section 87) to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period —
(a)instituted an infringement action in relation to the goods; and
(b)given written notice to the Director-General stating that the action has been instituted.
[Act 34 of 2018 wef 21/11/2019]
(2)  If —
(a)an infringement action has been instituted in relation to the seized goods; and
(b)on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods,
the Director-General shall release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day.
[Act 34 of 2018 wef 21/11/2019]
(3)  If the requestor gives written notice to the Director-General stating that he consents to the release of the seized goods, the Director-General shall release the goods to the importer or exporter (as the case may be) as soon as possible.
[Act 34 of 2018 wef 21/11/2019]
(4)  This section has effect subject to section 91.
[Act 34 of 2018 wef 21/11/2019]
[Copyright 1988 Ed., s. 140H]
Compensation for failure to take action
89.—(1)  Where goods have been seized pursuant to a notice given under section 82 and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor.
[Act 34 of 2018 wef 21/11/2019]
(2)  Where the Court is satisfied that the applicant had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the applicant.
[Act 34 of 2018 wef 21/11/2019]
Actions for infringement of registered trade mark
90.—(1)  The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.
(2)  An authorised officer is entitled to be heard on the hearing of an infringement action.
(3)  In addition to any relief that may be granted apart from this section, the Court may —
(a)at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions, if any, as the Court thinks fit;
[Act 34 of 2018 wef 21/11/2019]
(b)order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period; or
[Act 34 of 2018 wef 21/11/2019]
(c)order that the seized goods be forfeited to the Government.
(4)  A Court may not make an order under subsection (3) (a) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods.
(5)  The Director-General shall comply with an order made under subsection (3).
(6)  If —
(a)the action is dismissed or discontinued, or if the Court decides that the relevant registered trade mark was not infringed by the use of a sign (within the meaning of section 27(4)) in relation to the seized goods; and
[Act 34 of 2018 wef 21/11/2019]
(b)a defendant to the infringement action satisfies the Court that he has suffered loss or damage as a result of the seizure of the goods,
the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant.
[Act 34 of 2018 wef 21/11/2019]
[Copyright 1988 Ed., s. 140I]
Retention of control of seized goods
91.  Notwithstanding section 88, in a case in which no order has been made under section 90(3) in relation to seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods.
[Copyright 1988 Ed., s. 140J]
Disposal of seized goods
92.—(1)  If the Court orders that seized goods are to be forfeited to the Government, the goods shall be disposed of —
(a)in the manner prescribed by rules made under this Act; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
[Act 34 of 2018 wef 10/10/2018]
(2)  If —
(a)the Director-General gives to the importer or exporter a written notice of the release of seized goods; and
[Act 34 of 2018 wef 21/11/2019]
(b)the importer or exporter fails to take custody of the seized goods within the period specified in the notice,
[Act 34 of 2018 wef 21/11/2019]
the Director-General may dispose of the goods —
(i)in the manner prescribed by rules made under this Act; or
(ii)if no manner of disposal is so prescribed, as the Director-General directs.
[Act 34 of 2018 wef 10/10/2018]
[Act 34 of 2018 wef 10/10/2018]
Insufficient security
93.—(1)  If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of court under this Division exceed the amount deposited, or the amount of the security given, under section 83, the amount of the excess is a debt due to the Government.
[Act 34 of 2018 wef 21/11/2019]
(2)  The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally.
[Act 34 of 2018 wef 21/11/2019]
[Copyright 1988 Ed., s. 140L]
Seizure and inspection of counterfeit goods
93A.—(1)  Despite section 82(4), an authorised officer may —
(a)examine any goods to which this subsection applies, including goods in transit; or
(b)seize any goods to which this subsection applies —
(i)that are imported into, or that are to be exported from, Singapore; and
(ii)that are not goods in transit, unless they are consigned to a person with a commercial or physical presence in Singapore.
(2)  Subsection (1) applies to goods that the authorised officer reasonably suspects are counterfeit goods in relation to a registered trade mark.
(3)  As soon as practicable after the goods are seized under subsection (1)(b), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to —
(a)the importer, exporter or consignee (as the case may be) of the seized goods (called in this Division the dealer); and
(b)the proprietor of the registered trade mark.
(4)  The written notice in subsection (3) must —
(a)identify the goods seized; and
(b)set out the rights of the dealer in section 86 (as applied by subsection (5)), and the requirements in section 93B.
(5)  Section 86 (which provides for the inspection of seized goods) applies in relation to the seized goods as it applies in relation to goods seized under section 82(4), with the following modifications:
(a)replace a reference to the requestor with a reference to the proprietor of the registered trade mark;
(b)replace a reference to the importer or exporter with a reference to the dealer.
(6)  At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs by such of the following as the Director-General considers appropriate:
(a)the person in possession, custody or control of those goods immediately before the seizure;
(b)the proprietor of the registered trade mark (but only if the proprietor has satisfied section 93B(1)(a) and (b)).
[Act 34 of 2018 wef 21/11/2019]
Requirements for continued detention
93B.—(1)  If the proprietor of the registered trade mark wants the Director-General to continue to detain the seized goods so that the proprietor may institute an infringement action in relation to them, the proprietor must, within the prescribed period after the date of the notice in section 93A(3) —
(a)give to the Director-General a written notice of this in the form determined by the Director-General, supported by such documents and information as the Director-General may require, and accompanied by the fee prescribed under section 81B; and
(b)either —
(i)deposit with the Director-General a sum of money that, in the Director-General’s opinion, is sufficient for the purpose mentioned in subsection (2); or
(ii)give security to the Director-General’s satisfaction for such purpose,
unless the proprietor had earlier given such deposit or security to the Director-General and the deposit had not been forfeited or returned or the security is still effective.
(2)  The purpose in subsection (1) is the reimbursement to the Government of —
(a)any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and
(b)the payment of such compensation as the Court may order under section 93I or section 90(6) (as applied by section 93H).
(3)  If subsection (1) is not satisfied, the Director-General must release the seized goods to the dealer.
(4)  The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide —
(a)for the times at which, and the manner in which, notices are to be given;
(b)for the giving of information and evidence to the Director-General; and
(c)that the Director-General may release any seized goods to the dealer concerned because of non-compliance with any direction of the Director-General or any such rule.
[Act 34 of 2018 wef 21/11/2019]
Notice to take action
93C.—(1)  If section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director-General must, as soon as practicable, give to the proprietor and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice that states that the goods will be released to the dealer unless —
(a)an infringement action in relation to the goods is instituted by the proprietor within a prescribed period after the day specified in the notice; and
(b)the proprietor gives written notice to the Director-General within that period stating that such action has been instituted.
(2)  Section 85(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 85(1), as if a reference to the requestor is a reference to the proprietor of the registered trade mark.
[Act 34 of 2018 wef 21/11/2019]
Persons bound to give information or produce documents
93D.—(1)  At any time after goods have been seized under section 93A, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer.
(2)  The purposes mentioned in subsection (1) are —
(a)to enable the Director-General to satisfy a request under section 93E (whether or not such a request has actually been received);
(b)to enable any action to be taken under this Division or Division 2 in relation to future shipments of goods; and
(c)for a statistical or research purpose.
(3)  A person who —
(a)without reasonable excuse, fails to comply with a requirement under subsection (1); or
(b)in purported compliance with such requirement, knowingly or recklessly provides any information or document that 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 $6,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person.
(5)  Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3).
(6)  No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2).
(7)  A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
[Act 34 of 2018 wef 21/11/2019]
Information on import or export
93E.—(1)  After section 93B(1)(a) and (b) has been satisfied by the proprietor of the registered trade mark, the Director-General may, upon the request of the proprietor, and if the Director-General is satisfied that the information is necessary to enable the proprietor to institute an infringement action, give the proprietor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods.
(2)  Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection.
[Act 34 of 2018 wef 21/11/2019]
Forfeiture of seized goods by consent
93F.—(1)  Subject to subsection (2), the dealer may, by written notice and the giving of the prescribed written undertakings to the Director-General, consent to the seized goods being forfeited to the Government.
(2)  The notice must be given before any infringement action in relation to the goods is instituted.
(3)  If the dealer satisfies the requirements of subsection (1), the goods are forfeited to the Government and must be disposed of —
(a)in the manner prescribed by rules made under this Act; or
(b)if no manner of disposal is so prescribed, as the Director-General directs.
[Act 34 of 2018 wef 21/11/2019]
Compulsory release of seized goods to dealer
93G.—(1)  The Director-General must release the seized goods (not being goods forfeited to the Government under section 93F) to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)), if the proprietor of the registered trade mark has not, before that date —
(a)instituted an infringement action in respect of the goods; and
(b)given written notice to the Director-General stating that the action has been instituted.
(2)  If —
(a)an infringement action has been instituted in respect of the seized goods; and
(b)on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court preventing the release of the goods,
the Director-General must release the goods to the dealer as soon as possible after the firstmentioned day.
(3)  If the proprietor of the registered trade mark gives a written notice to the Director-General stating that the proprietor consents to the release of the seized goods, the Director-General must release the goods to the dealer as soon as possible.
[Act 34 of 2018 wef 21/11/2019]
Provisions relating to infringement action
93H.  Section 90 applies in relation to an infringement action concerning goods seized under section 93A, as it applies in relation to an infringement action concerning goods seized under section 82(4), with the following modifications:
(a)replace a reference to the requestor with a reference to the proprietor of the registered trade mark;
(b)replace a reference to the importer or exporter with a reference to the dealer.
[Act 34 of 2018 wef 21/11/2019]
Compensation for failure to take action
93I.—(1)  Where —
(a)goods have been seized under section 93A;
(b)the goods continue to be detained because section 93B(1) has been satisfied; and
(c)the proprietor fails to take infringement action within the period specified in section 93C(1) (including any extension of that period under section 85(6) as applied by section 93C(2)),
a person aggrieved by the seizure may apply to the Court for an order of compensation against the proprietor.
(2)  Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the proprietor to pay to the applicant compensation of such amount as the Court thinks fit.
[Act 34 of 2018 wef 21/11/2019]
Retention of control of seized goods
93J.  Despite section 93G and any rule made under section 93B(4)(c), in a case in which no order has been made under section 90(3) (as applied by section 93H) in relation to the seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods.
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Disposal of seized goods
93K.  Section 92 applies in relation to goods seized under section 93A, as it applies in relation to goods seized under section 82(4), with a reference to the importer or exporter replaced with a reference to the dealer.
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Insufficient security
93L.—(1)  If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of the Court under this Division exceed the amount deposited, or the amount of the security given, under section 93B, the amount of the excess is a debt due to the Government.
(2)  The debt created by subsection (1) is due by the proprietor or, if there are 2 or more proprietors, by the proprietors jointly and severally.
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Powers of search in relation to vessels, aircraft and vehicles
94.—(1)  A senior authorised officer or an authorised officer acting in accordance with the general or special directions of a senior authorised officer may board any conveyance in Singapore and may rummage and search all parts of the conveyance for goods liable to be seized under section 82 or 93A.
[20/2004]
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(2)  For the more effective exercise of the powers conferred by this section, a senior authorised officer may do all or any of the following:
(a)require the master of any vessel in Singapore to heave to;
(b)by direction to the master of any vessel or the pilot of any aircraft in Singapore, require the vessel or aircraft, as the case may be, not to proceed until so authorised;
(c)require any documents which ought to be on board any vessel or aircraft, being documents relating to any goods therein, to be brought to him for inspection;
(d)break open and forcibly enter any place or receptacle in any conveyance to which he cannot otherwise reasonably obtain access;
(e)by direction to the master of any vessel in Singapore, require the vessel to proceed to any specified anchorage, wharf or place to which the vessel may lawfully go;
(f)by direction to the master of any vessel in Singapore, require him to move or discharge any cargo or other goods therein;
(g)require the person in charge of a vehicle —
(i)to stop and not to proceed until so authorised; or
(ii)to bring the vehicle to any police station or examination station;
(h)direct that the removal of any goods from or placed in any vessel be prohibited until so authorised;
(i)require the master of any vessel or the pilot of any aircraft to produce a complete manifest of the whole cargo of the vessel or aircraft and a complete list of stores carried by that vessel or aircraft.
(3)  An authorised officer may exercise, in respect of any vehicle or any vessel not exceeding 75 tons net tonnage, the powers which are conferred upon a senior authorised officer by subsection (2) other than the powers conferred by paragraph (d) of that subsection.
(4)  It shall be presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer.
(5)  If any vessel or aircraft fails to comply with any lawful requisition or direction given or made under this section, a senior authorised officer may take all such steps as appear to him necessary to secure such compliance.
(6)  Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.
(7)  An authorised officer may exercise the powers conferred by this section in respect of a vessel under way if he reasonably suspects that it is not in transit through Singapore.
[Copyright 1988 Ed., s. 140M]
Examination of packages, etc.
95.—(1)  Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 82 or 93A may be —
(a)examined and searched by an authorised officer or detained until any person in charge thereof has opened it for examination and search;
(b)subjected to such infringement verification, or tests or analysis as the authorised officer thinks fit;
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(c)forcibly opened by, or by order of, a senior authorised officer to facilitate the examination and search except that any person in charge of the package, box, chest or other article shall be afforded every reasonable facility for being present at the opening, examination and search; or
(d)marked, locked, sealed or otherwise secured by an authorised officer pending examination and search.
[20/2004]
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(2)  Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)(d) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both.
(3)  In this section, “infringement verification” means any process (whether or not involving the proprietor of the registered trade mark concerned) to determine if any article is or contains goods liable to be seized under section 82(4) or 93A.
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[Copyright 1988 Ed., s. 140N]
Power to remove packages and goods to police station or examination station
96.—(1)  For the more convenient exercise of the powers conferred by section 95, an authorised officer may remove any package, box, chest or other article or any goods to a police station or examination station or may require it to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof.
(2)  Any person who fails to comply with any such requisition shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000.
(3)  Upon the failure by a person to comply with such a requisition, an authorised officer may remove the package, box, chest, article or goods (as the case may be) in the manner provided by subsection (1) and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the package, box, chest, article or goods (as the case may be).
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[Copyright 1988 Ed., s. 140O]
Search of persons and baggage
97.—(1)  Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, shall —
(a)on demand by an authorised officer, either permit his person and goods and baggage to be searched by the officer for any goods liable to be seized under section 82 or 93A or, together with the goods and baggage, accompany the officer to a police station or an examination station, and there permit his person and goods and baggage to be searched in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 82 or 93A; or
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(b)on demand by a senior authorised officer, permit his person and goods and baggage to be searched by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 82 or 93A.
[20/2004]
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(2)  Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman and with strict regard to decency.
(3)  The goods and baggage of any person who requests to be present when they are searched shall not be searched except in his presence, unless he fails to be present after being given reasonable facility for being present.
(4)  Any person who refuses to comply with any lawful demand made under this section may be arrested without warrant by the officer making the demand.
[Copyright 1988 Ed., s. 140P]
Powers of authorised officers to enter certain premises
98.—(1)  For the purpose of exercising the powers conferred by sections 94 to 97, an authorised officer may, without warrant, enter upon —
(a)any islet, landing place, wharf, dock, railway or quay;
(b)any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act (Cap. 170A); or
(c)any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act (Cap. 41).
(2)  In this section, “railway” has the meaning given by the Railways Act (Cap. 263).
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Obstruction
99.  Any person who —
(a)refuses any authorised officer or senior authorised officer access to any vessel, aircraft, vehicle or place which the officer is entitled to under this Part; or
(b)obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Part,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.
[Copyright 1988 Ed., s. 140R]
Protection from personal liability
100.  No liability shall lie personally against the Director-General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director-General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with —
(a)the exercise or purported exercise of any power under this Part;
(b)the performance or purported performance of any function or the discharge or purported discharge of any duty under this Part; or
(c)the compliance or purported compliance with this Part.
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