Radiation Protection (Amendment) Act 2014 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 32]

Friday, October 24

[2014

The following Act was passed by Parliament on 7th July 2014 and assented to by the President on 13th August 2014:—

Radiation Protection (Amendment) Act 2014

(No. 20 of 2014)

I assent.

TONY TAN KENG YAM,

President.

13th August 2014.

Date of Commencement: 21st October 2014 Sections 2, 3(1), 4 to 8, 9(1), 10 to 13

Date of Commencement: 7th May 2016 Sections 3(2) and 9(2) to (5)

An Act to amend the Radiation Protection Act (Chapter 262 of the 2008 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Radiation Protection (Amendment) Act 2014 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of long title

2. The long title to the Radiation Protection Act (referred to in this Act as the principal Act) is amended by deleting the words “and to establish a system for the imposition and maintenance of nuclear safeguards,” and substituting the words “, to establish a system for the imposition and maintenance of nuclear safeguards, and to implement the Convention on the Physical Protection of Nuclear Material,”.

Amendment of section 2

3.—(1) Section 2(1) of the principal Act is amended —

(a)

by inserting, immediately after the definition of “authorised officer”, the following definition:

“ “Convention country” means a foreign country that is a Party to the Nuclear Material Convention;”;

(b)

by inserting, immediately after the definition of “conveyance”, the following definition:

“ “country” includes a State or territory, as the case may be;”;

(c)

by deleting the words “the Schedule” in the definition of “nuclear material” and substituting the words “the First Schedule”; and

(d)

by inserting, immediately after the definition of “nuclear material”, the following definitions:

“ “Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material adopted in Vienna on 26th October 1979;

“nuclear offence” means —

(a)	an offence under section 26B or 26D;
(b)	an offence specified in the Second Schedule committed in relation to any nuclear material;
(c)	an abetment of or a conspiracy to commit an offence referred to in paragraph (a) or (b);
(d)	an attempt to commit an offence under section 26B, or an offence referred to in paragraph (b) except any offence under section 384, 385, 386, 387, 388 or 389 of the Penal Code (Cap. 224) committed in relation to nuclear material; or
(e)	an act by a person which would make him liable for an offence referred to in paragraph (a), (b) or (d) by virtue of section 34, 35 or 37 of the Penal Code;”.

(2) Section 2(1) of the principal Act in force immediately before the commencement of this subsection is amended by deleting the definitions of “Nuclear Material Convention” and “nuclear offence” and substituting the following definitions:

“ “Nuclear Material Convention” means the Convention on the Physical Protection of Nuclear Material adopted in Vienna on 26th October 1979, as amended by the amendments adopted in Vienna on 8th July 2005;

“nuclear offence” means —

(a)	an offence under section 26B, 26D, 26DA, 26DB or 26DC;
(b)	an offence specified in the Second Schedule committed in relation to any nuclear material;
(c)	an abetment of or a conspiracy to commit an offence referred to in paragraph (a) or (b);
(d)	an attempt to commit an offence under section 26B, 26DA or 26DB, or an offence referred to in paragraph (b) except any offence under section 384, 385, 386, 387, 388 or 389 of the Penal Code committed in relation to nuclear material; or
(e)	an act by a person which would make him liable for an offence referred to in paragraph (a), (b) or (d) by virtue of section 34, 35 or 37 of the Penal Code;

“nuclear trafficking offence” means —

(a)	an offence under section 26DD;
(b)	an abetment of or an attempt or conspiracy to commit an offence under section 26DD; or
(c)	an act by a person which would make him liable for an offence under section 26DD or an attempt to commit such an offence by virtue of section 34, 35 or 37 of the Penal Code;”.

New section 2A

4. The principal Act is amended by inserting, immediately after section 2, the following section:

“Application of Act to Government

2A.—(1) Except as provided in subsection (2), Parts III to VIII and X and regulations made for the purposes of these Parts shall bind and apply to the Government.

(2) Nothing in this Act shall render the Government liable to prosecution for an offence.”.

Amendment of section 5

5. Section 5(2) of the principal Act is amended by deleting the words “2 years” and substituting the words “5 years”.

Amendment of section 6

6. Section 6(5) of the principal Act is amended by deleting the words “2 years” and substituting the words “5 years”.

Amendment of section 16

7. Section 16(1) of the principal Act is amended by inserting, immediately after the words “Safeguards Agreement”, the words “, or to a Convention country or the IAEA or any other international organisation under the Nuclear Material Convention”.

Amendment of section 17

8. Section 17(2) of the principal Act is amended by deleting the words “or the Safeguards Agreement” in paragraph (b) and substituting the words “, the Safeguards Agreement or the Nuclear Material Convention”.

New Part VIIIA

9.—(1) The principal Act is amended by inserting, immediately after section 26, the following Part:

“PART VIIIA

OFFENCES RELATING TO NUCLEAR
MATERIAL CONVENTION

Nuclear material

26A.—(1) In this Part, “nuclear material” means —

(a)	plutonium except plutonium with an isotopic concentration of plutonium-238 exceeding 80%;
(b)	uranium-233;
(c)	uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium-238 is greater than the ratio of uranium-235 to uranium-238 occurring in nature;
(d)	uranium with an isotopic concentration equal to that occurring in nature; or
(e)	any material containing one or more of the foregoing,

that is used for peaceful purposes, but does not include uranium in the form of ore or ore-residue.

(2) If in any proceedings a question arises whether any nuclear material was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, shall be prima facie evidence of that matter.

Use, etc., of nuclear material

26B. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause —

(a)	death or serious injury to any person; or
(b)	substantial damage to property,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.

Enhanced punishment for theft, etc., of nuclear material

26C.—(1) If, in a prosecution of a person for an offence under a section of the Penal Code (Cap. 224) set out in the first column of the Second Schedule, it is proved that —

(a)	the offence is committed in relation to nuclear material; and
(b)	the person knew that it was nuclear material,

then, in lieu of the term of imprisonment prescribed in that section, the person shall be liable to the term of imprisonment set out in the second column of that Schedule against that section.

(2) Subsection (1) is without prejudice to any liability of the person to, or the jurisdiction of the court to impose, any other punishment prescribed in that section of the Penal Code.

Threat to commit certain offences

26D.—(1) Any person who threatens to use nuclear material to cause —

(a)	death or serious injury to any person; or
(b)	substantial damage to property,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.

(2) Any person who threatens to commit, in relation to nuclear material —

(a)	theft within the meaning of section 378 of the Penal Code (Cap. 224); or
(b)	robbery within the meaning of section 390 of the Penal Code,

in order to compel a person, an international organisation, the Government or the government of a country to do or refrain from doing any act, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.

Information relating to offence

26E.—(1) Any person in Singapore who has information which he knows or believes may be of material assistance —

(a)	in preventing the commission by another person of an offence to which this section applies; or
(b)	in securing the apprehension, prosecution or conviction of another person, in Singapore, for an offence involving the commission, preparation or instigation of an offence to which this section applies,

and who fails to disclose the information immediately to a police officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) This section applies to the following offences:

(a)	an offence under section 26B;
(b)	an offence specified in the Second Schedule committed in relation to any nuclear material.

(3) No criminal or civil proceedings shall lie against a person for any disclosure made in good faith under this section.

(4) A person who makes a disclosure in good faith under this section shall not be treated as being in breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct.

(5) For the avoidance of doubt, this section is without prejudice to sections 128, 128A and 129 of the Evidence Act (Cap. 97).

Extra-territoriality

26F. Any person who, outside Singapore, commits an act that, if committed in Singapore, would constitute a nuclear offence is deemed to commit the act in Singapore and may be proceeded against, charged, tried and punished accordingly.

Assistance under Mutual Assistance in Criminal Matters Act

26G.—(1) For the purposes of the provision of assistance under Part III of the Mutual Assistance in Criminal Matters Act (Cap. 190A) to a foreign country for a criminal matter involving a relevant offence of that country, the relevant offence shall be deemed not to be an offence of a political character.

(2) In this section —

“criminal matter” has the meaning given to that expression in section 2(1) of the Mutual Assistance in Criminal Matters Act;

“relevant offence”, in relation to a foreign country, means an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a nuclear offence.

Extradition

26H.—(1) All nuclear offences shall be deemed to be extraditable crimes for the purposes of Parts III and IV of the Extradition Act (Cap. 103).

(2) For the purposes of the Extradition Act, the expression “extradition crime”, in relation to a Convention country that is a declared Commonwealth country, shall be deemed to include relevant offences.

(3) Subject to subsection (4), where no extradition treaty is in force between Singapore and a Convention country that is not a declared Commonwealth country, a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act as if there were an extradition treaty between Singapore and that country.

(4) Where the Extradition Act is applied under subsection (3), that Act shall have effect in relation to that country as if the only extradition crimes under that Act were the relevant offences of that country.

(5) Subsection (4) is without prejudice to any other notification made under section 4 of the Extradition Act.

(6) Where —

(a)	an extradition treaty is in force between Singapore and a Convention country; and
(b)	the treaty does not provide for the extradition of persons accused of or convicted of a relevant offence of that country,

a notification in the Gazette under section 4 of the Extradition Act may be made applying that Act in relation to that country as if the treaty provided for the matter referred to in paragraph (b).

(7) Where a notification referred to in subsection (6) is made, any limitation, condition, exception or qualification specified in any other notification made under section 4 of the Extradition Act, or in any Order in Council referred to in section 3 of that Act, in relation to that country shall, to the extent that it prevents the relevant offence from being considered an extradition crime in relation to that country, be disregarded in the application of that Act in relation to that country.

(8) For the purposes of the Extradition Act —

(a)

any act, wherever committed, which is a relevant offence of a Convention country which is a declared Commonwealth country, or which is a relevant offence of a Convention country which is not a declared Commonwealth country in the case of which the Extradition Act has been applied by a notification in the Gazette made under section 4 of that Act, shall be deemed to be an offence within the jurisdiction of that country; and

(b)

any such offence shall be deemed not to be an offence of a political character.

(9) In this section —

“declared Commonwealth country” has the meaning given to that expression in the Extradition Act;

“relevant offence”, in relation to a Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission —

(a)	would constitute a nuclear offence; or
(b)	would be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.”.

(2) The principal Act in force immediately before the commencement of this subsection is amended —

(a)

by repealing section 26A and substituting the following section:

“Interpretation and application of this Part

26A.—(1) In this Part —

“armed conflict” does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;

“environment” includes land, air and water and living organisms supported by any of those media;

“military forces of a State” means —

(a)	the armed forces of a State which are organised, trained and equipped under its internal law for the primary purpose of national defence or security;
(b)	civilians who direct or organise the official activities of those armed forces; or
(c)	civilians acting in support of the official activities of those armed forces, if the civilians are under the formal command, control and responsibility of those forces;

“nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;

“nuclear material” means —

(a)	plutonium except plutonium with an isotopic concentration of plutonium-238 exceeding 80%;
(b)	uranium-233;
(c)	uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to uranium-238 is greater than the ratio of uranium-235 to uranium-238 occurring in nature;
(d)	uranium with an isotopic concentration equal to that occurring in nature; or
(e)	any material containing one or more of the foregoing,

that is used for peaceful purposes, but does not include uranium in the form of ore or ore-residue.

(2) For the purposes of subsection (1) —

(a)	material is not used for peaceful purposes if it is used or retained for military purposes; and
(b)	a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.

(3) If in any proceedings a question arises whether any material or facility was used for peaceful purposes, a certificate issued by the Minister and stating that it was, or was not, so used at a time specified in the certificate, shall be prima facie evidence of that matter.

(4) This Part does not apply to —

(a)	the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law; or
(b)	activities undertaken by military forces of a State in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.”; and

(b)

by inserting, immediately after section 26D, the following sections:

“Use, etc., of nuclear material to cause damage to environment

26DA. Any person who, without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, where the act causes or is likely to cause substantial damage to the environment, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to life imprisonment.

Acts against nuclear facilities

26DB.—(1) Any person who —

(a)

commits an act that is directed against a nuclear facility, or that interferes with the operation of a nuclear facility; and

(b)

does so intending that the act will cause, or knowing that the act is likely to cause —

(i)	death or serious injury to any person; or
(ii)	substantial damage to property or to the environment,

by exposure to radiation or release of radioactive substances,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under subsection (1) shall, on conviction —

(a)	except in the cases referred to in paragraphs (b) and (c), be liable to imprisonment for a term which may extend to life imprisonment;
(b)	if the person had intended to cause serious injury to any person knowing that the injury is likely to cause his death, and death is caused, be subject to the same punishment as an act under section 300(b) of the Penal Code (Cap. 224); or
(c)	if the person had intended to cause death to any person and death is caused, be subject to the same punishment as an act under section 300(a) of the Penal Code.

Threats to commit offence under section 26DA or 26DB

26DC. Any person who threatens to —

(a)	use nuclear material to cause substantial damage to the environment; or
(b)	commit an offence under section 26DB,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years.

Export or import of nuclear material: extended jurisdiction

26DD.—(1) Any person who, outside Singapore —

(a)	unlawfully exports nuclear material from one country to another; or
(b)	unlawfully imports nuclear material into one country from another,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) A person guilty of an offence under this section may be proceeded against, charged, tried and punished as if the offence is committed in Singapore.

(3) In subsection (1) —

(a)	an export of nuclear material from a country; or
(b)	an import of nuclear material into a country,

is unlawful if it is contrary to any prohibition or restriction on the export or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country.

(4) A statement in a certificate issued by or on behalf of the government of a country outside Singapore to the effect that a particular export or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be prima facie evidence that the export or import is unlawful for the purposes of subsection (3).”.

(3) Section 26E(2) of the principal Act in force immediately before the commencement of this subsection is amended by deleting the words “section 26B” in paragraph (a) and substituting the words “section 26B, 26DA or 26DB”.

(4) Section 26G(2) of the principal Act in force immediately before the commencement of this subsection is amended by deleting the definition of “relevant offence” and substituting the following definition:

“ “relevant offence”, in relation to a Convention country, means —

(a)	an offence against the law of that country that consists of or includes conduct which, if it had occurred in Singapore, would have constituted a nuclear offence; or
(b)	an offence against the law of that country that consists of or includes conduct which would constitute a nuclear trafficking offence.”.

(5) Section 26H(9) of the principal Act in force immediately before the commencement of this subsection is amended by deleting the definition of “relevant offence” and substituting the following definition:

“ “relevant offence” —

(a)

in relation to a Convention country that is a Party to the amendments adopted in Vienna on 8th July 2005 to the Nuclear Material Convention, means —

(i)

an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —

(A)	constitute a nuclear offence; or
(B)	be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence; or

(ii)

an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would —

(A)	constitute a nuclear trafficking offence; or
(B)	be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence; or

(b)

in relation to any other Convention country, means an offence against the law of that country where the act or omission constituting the offence or the equivalent act or omission would, if it took place in Singapore —

(i)	constitute a nuclear offence, other than an offence under section 26DA, 26DB or 26DC or any offence referred to in paragraph (c), (d) or (e) of the definition of “nuclear offence” in section 2(1) as it relates to any of those sections; or
(ii)	be such an offence if the description concerned contained a reference to any intent or state of mind on the part of the person committing the offence, or to any circumstance of aggravation, necessary to constitute the offence.”.

New section 40A

10. The principal Act is amended by inserting, immediately after section 40, the following section:

“Cost of enforcement

40A. Where a person has been convicted by a court for an offence under section 5 or 6 or under Part VIIIA, the court may order that person to pay reasonable costs of any enforcement action taken by an authorised officer in respect of the offence, including any cost of storage of the subject-matter of the offence or anything used in the commission of the offence.”.

Amendment of section 42

11. Section 42 of the principal Act is amended —

(a)	by deleting the words “the Schedule” in subsection (1) and substituting the words “the First or Second Schedule”; and
(b)	by deleting the word “Schedule” in the section heading and substituting the word “Schedules”.

Amendment of section 43

12. Section 43 of the principal Act is amended —

(a)

by deleting paragraph (i) of subsection (1) and substituting the following paragraph:

“(i)

requiring persons who are exposed or are likely to be exposed to the risk of disease due to radiation from any radioactive substance or irradiating apparatus to submit to screening and decontamination procedures by such persons as may be approved by the Director-General, as well as to medical examinations, including blood tests;”;

(b)

by inserting, immediately after the words “not exceeding $50,000” in subsection (1)(t), the words “or an imprisonment term not exceeding 6 months or both”; and

(c)

by inserting, immediately after subsection (2), the following subsection:

“(3) Without prejudice to the generality of subsection (1), the Agency may, with the approval of the Minister, make regulations for the purposes of implementing the Nuclear Material Convention, including for or with respect to any of the matters referred to in subsection (1), as well as to prescribe measures for the physical protection of a nuclear facility within the meaning of the Convention, including licensing the operation of such facility.”.

Renaming of Schedule and new Second Schedule

13. The principal Act is amended —

(a)

by renaming the existing Schedule as the First Schedule; and

(b)

by inserting, immediately after the First Schedule, the following Schedule:

“SECOND SCHEDULE

Sections 2(1), 26C(1),
26E(2)(b) and 42

ENHANCED PUNISHMENTS FOR OFFENCES
COMMITTED IN RELATION TO NUCLEAR MATERIAL

Offence under Penal Code

Substituted imprisonment term

1.	Section 379 (Theft)

Term which may extend to 5 years

2.	Section 380 (Theft in dwelling-house, etc.)

Term which may extend to 10 years

3.	Section 381 (Theft by clerk or servant of property in possession of master)

Term which may extend to 10 years

4.	Section 382 (Theft after preparation made for causing death or hurt in order to commit theft)

Term which may extend to 15 years

5.	Section 384 (Extortion)

Term of not less than 3 years and not more than 10 years

6.	Section 385 (Putting person in fear of harm in order to commit extortion)

Term of not less than 3 years and not more than 8 years

7.	Section 386 (Extortion by putting a person in fear of death or grievous hurt)

Term of not less than 3 years and not more than 15 years

8.	Section 387 (Putting person in fear of death or of grievous hurt in order to commit extortion)

Term of not less than 3 years and not more than 10 years

9.	Section 388 (Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.)

Term which may extend to 15 years

10.	Section 389 (Putting person in fear of accusation of offence, in order to commit extortion)

Term which may extend to 15 years

11.	Section 392 (Robbery committed at or after 7 a.m. and at or before 7 p.m.)

Term of not less than 3 years and not more than 15 years

12.	Section 392 (Robbery committed after 7 p.m. and before 7 a.m.)

Term of not less than 5 years and not more than 20 years

13.	Section 393 (Attempt to commit robbery)

Term of not less than 3 years and not more than 10 years

14.	Section 394 (Voluntarily causing hurt in committing robbery)

Term of not less than 8 years and not more than 30 years

15.	Section 395 (Punishment for gang-robbery)

Term of not less than 8 years and not more than 30 years

16.	Section 399 (Making preparation to commit gang‑robbery)

Term of not less than 5 years and not more than 15 years

17.	Section 402 (Assembling for purpose of committing gang‑robbery)

Term which may extend to 10 years

18.	Section 403 (Dishonest misappropriation of property)

Term which may extend to 3 years

19.	Section 406 (Criminal breach of trust)

Term which may extend to 10 years

20.	Section 407 (Criminal breach of trust by carrier, etc.)

Term which may extend to 20 years

21.	Section 408 (Criminal breach of trust by clerk or servant)

Term which may extend to 20 years

22.	Section 409 (Criminal breach of trust by public servant, or by banker, merchant, or agent)

Term which may extend to 30 years

23.	Section 417 (Cheating)

Term which may extend to 5 years

24.	Section 418 (Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect)

Term which may extend to 8 years

25.	Section 419 (Cheating by personation)

Term which may extend to 8 years

26.	Section 420 (Cheating and dishonestly inducing delivery of property)

Term which may extend to 15 years

27.	Section 468 (Forgery for purpose of cheating)

Term which may extend to 15 years.

”.

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