PART 8 | Administration of Act by licensing officer |
78.—(1) The Minister may appoint one or more public officers as Licensing Officers responsible for the administration of this Act, either generally or for any particular provision of this Act.| (2) In appointing a public officer as a Licensing Officer under subsection (1), the Minister may limit when, where in Singapore or the circumstances in which the Licensing Officer may exercise powers and licensing and regulatory functions under this Act with respect to regulated activities, and to otherwise administer this Act. |
(3) No liability shall lie personally against a Licensing Officer, an authorised officer, a compliance officer or any other person acting under the direction of a Licensing Officer for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —| (a) | the exercise or purported exercise of any power under this Act; or | | (b) | the performance or purported performance of any function under this Act. |
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79.—(1) A Licensing Officer may, in relation to any provision of this Act, appoint —| (a) | any public officer; or | | (b) | any officer or employee of a public authority, |
| to be an authorised officer for the purposes of that provision, either generally or in a particular case. |
| (2) A Licensing Officer may delegate the exercise of all or any of the powers conferred or duties imposed upon the Licensing Officer by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the Licensing Officer may specify; and any reference in that provision of this Act to the Licensing Officer includes a reference to such an authorised officer. |
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80.—(1) A Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who —| (a) | is at least 18 years of age; | | (b) | is not an employee of a public authority; | | (c) | is not a public officer; and | | (d) | has suitable qualifications or experience, |
| to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 2 of Part 6 in any particular area in Singapore. |
| (2) A Licensing Officer, may, for any reason that appears to the Licensing Officer, to be sufficient, at any time revoke an individual’s appointment as a compliance officer. |
| (3) A Licensing Officer must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising powers under this Act. |
| (4) A compliance officer whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to a Licensing Officer. |
| (5) A Licensing Officer must also issue to each compliance officer, a written authorisation specifying such of the powers expressly specified in Division 2 of Part 6 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers. |
(6) The authorisation of the Licensing Officer under subsection (5) issued to a compliance officer may also do all or any of the following:| (a) | limit the powers mentioned in subsection (1) that the compliance officer may exercise; | | (b) | limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them; | | (c) | limit the circumstances in which the compliance officer may exercise those powers or any of them. |
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(7) To avoid doubt, a Licensing Officer cannot authorise under this section a compliance officer —| (a) | to detain or arrest any individual; | | (b) | to search any place or individual; | | (c) | to seize any property; and | | (d) | if the compliance officer is a licensee or class licensee, to exercise any power in Division 2 of Part 6 in relation to —| (i) | another licensee holding the same class of licence as the compliance officer or an applicant for the same class of licence; | | (ii) | another class licensee subject to the same class licence as the compliance officer; or | | (iii) | an employer or a principal, contractor or relative of the compliance officer. |
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(8) The powers that a compliance officer may be authorised under this section to exercise may be exercised only —| (a) | on production of the identification card issued under subsection (3); | | (b) | to the extent authorised by a Licensing Officer under subsection (5); and | | (c) | as directed (generally or specially) by a Licensing Officer or an authorised officer. |
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| (9) A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code when exercising that power. |
| (10) To avoid doubt, a compliance officer does not cease to be acting on the direction of a Licensing Officer or an authorised officer by reason only that the Licensing Officer or authorised officer is not present at all times. |
| (11) An individual who is appointed as a compliance officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Government. |
| (12) In this section, “relative”, in relation to another individual, means the individual’s spouse, parent (including a step‑parent), child (including an adopted or a stepchild) or sibling. |
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81.—(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, |
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| shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. |
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| (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 V and VA of the Penal Code; or | | (b) | the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also 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 —| “corporation” includes a limited liability partnership; |
“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; |
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“reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:| (a) | action towards —| (i) | assessing the corporation’s compliance with the provision creating the offence; and | | (ii) | ensuring that the corporation arranged regular professional assessments of its compliance with the provision; |
| | (b) | action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; | | (c) | action towards ensuring that —| (i) | the equipment and other resources; and | | (ii) | the structures, work systems and other processes, |
| relevant to compliance with the provision creating the offence are appropriate in all the circumstances; |
| | (d) | action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; |
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“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. |
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| (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore. |
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| Offences by unincorporated associations or partnerships |
82.—(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, |
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| shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. |
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| (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 that the unincorporated association or partnership would bear. |
(4) To avoid doubt, this section does not affect the application of —| (a) | Chapters V and VA of the Penal Code; or | | (b) | the Evidence Act or any other law or practice regarding the admissibility of evidence. |
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| (5) To avoid doubt, subsection (2) also 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; |
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| “partner” includes a person purporting to act as a partner; |
| “reasonable steps” has the meaning given by section 81; |
“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. |
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| (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore. |
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| 83. Despite the Criminal Procedure Code, a District Court or a Magistrate’s Court has jurisdiction to try, and has power to impose the full punishment for, any offence under this Act. |
84.—(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section.(2) A document permitted or required by this Act to be served on an individual may be served —| (a) | by giving it to the individual personally; | | (b) | by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; | | (c) | by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; | | (d) | by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; | | (e) | by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or | | (f) | by sending it by email to the individual’s last email address. |
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(3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served —| (a) | by giving it to any partner, secretary or other similar officer of the partnership; | | (b) | by leaving it at, or by sending it by post to, the partnership’s business address; | | (c) | by sending it by fax to the fax number used at the partnership’s business address; or | | (d) | by sending it by email to the partnership’s last email address. |
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(4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —| (a) | by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; | | (b) | by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; | | (c) | by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or | | (d) | by sending it by email to the last email address of the body corporate or unincorporated association. |
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(5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served —| (a) | by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or | | (b) | by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. |
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(6) Service of a document takes effect —| (a) | if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; | | (b) | if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or | | (c) | if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). |
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| (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. |
| (8) This section does not apply to documents to be served in proceedings in court. |
(9) In this section —“business address” means —| (a) | in the case of an individual, the individual’s usual or last known place of business in Singapore; or | | (b) | in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; |
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| “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; |
| “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; |
| “document” includes a notice or an order permitted or required by this Act to be served; |
| “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; |
| “residential address” means an individual’s usual or last known place of residence in Singapore. |
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| Disposal of unclaimed guns, etc. |
85.—(1) Where any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is surrendered to a Licensing Officer, whether or not under section 39, it becomes unclaimed if, at the end of 30 days after the day on which the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) was so surrendered —| (a) | there is no person who appears, to the satisfaction of the Licensing Officer, to be the owner of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or | | (b) | there is such a person but that person has not exercised his or her right to recover the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance by a claim. |
(2) Where a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance which is surrendered to a Licensing Officer becomes unclaimed, an authorised officer may, after giving one month’s notice in a prescribed website of his or her intention to do so —| (a) | sell by public auction or tender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or | | (b) | destroy or otherwise dispose of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. |
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(3) However, where it appears to a Licensing Officer that any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance which is surrendered is of such a nature or in such condition that it would be dangerous for the Licensing Officer to retain custody of it, the Licensing Officer may, before the end of the period mentioned in subsection (1) and after giving notice in a prescribed website of his or her intention to do so, cause the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance —| (a) | to be sold (by public auction or otherwise) at once; or | | (b) | to be destroyed or otherwise disposed of at once in such manner as the Licensing Officer thinks fit. |
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(4) The proceeds of a sale by public auction or tender of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance under subsection (2) or (3) must be applied as follows:| (a) | firstly, in payment of the expenses occasioned by the sale; | | (b) | secondly, in payment of storage or other expenses incurred by the Licensing Officer in relation to the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; | | (c) | thirdly, by payment of the balance into the Consolidated Fund. |
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| (5) A purchaser of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance sold in accordance with subsection (2) or (3) acquires good title to that article, item or thing. |
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86.—(1) Subject to section 87, 88 or 89, this Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act.| (2) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government. |
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| General exemption for law enforcement, etc. |
87.—(1) An individual does not commit an offence under this Act only because of something done by the individual in the exercise or discharge of the individual’s powers or duties under written law as any of the following and to the extent the power or duty requires him or her to possess, handle or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, a weapon or noxious substance or operate a shooting range:| (a) | a member of the Singapore Police Force, including as an individual appointed under section 13 of the Police Force Act (Cap. 235) to serve as a temporary constable; | | (b) | a member of the Special Constabulary constituted under Part VIII of the Police Force Act; | | (c) | a member of an Auxiliary Police Force created under the Police Force Act; | | (d) | an intelligence officer; | | (e) | a Commercial Affairs Officer appointed under section 64 of the Police Force Act; | | (f) | an officer of customs within the meaning given by section 3(1) of the Customs Act (Cap. 70); | | (g) | the Controller of Immigration or an immigration officer appointed under section 3 of the Immigration Act (Cap. 133); | | (h) | the Director of the Central Narcotics Bureau or an officer of the Bureau within the meaning of the Misuse of Drugs Act (Cap. 185); | | (i) | the Director of the Corrupt Practices Investigation Bureau or a CPIB officer within the meaning of the Prevention of Corruption Act (Cap. 241); | | (j) | a prison officer within the meaning of the Prisons Act (Cap. 247); | | (k) | a forensic specialist appointed under section 65A of the Police Force Act; | | (l) | a member of a police service of a foreign country, or a visiting force of a foreign country for the purposes of Part 1 of the Visiting Forces Act (Cap. 344), lawfully present in Singapore pursuant to any treaty, agreement or arrangement to which the Government is a party; | | (m) | a master or captain, or member of crew or an air marshal, of an aircraft with respect to any gun that is required by written law to be carried on the aircraft; | | (n) | a Licensing Officer, an authorised officer or a compliance officer. |
(2) This Act does not apply to or in relation to any gun, explosive or weapon —| (a) | stored in any hulk or magazine for the storage or deposit of explosives, or explosive precursors and in the possession or control of the Government or the government of a Commonwealth country; or | | (b) | on board any vessel belonging to or in the service of the Government or any foreign government. |
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| (3) The Minister may, by order in the Gazette, exempt any person or class of persons who is not within the class of persons to which section 88 applies from all or any provision of this Act (except section 88), either generally or in a particular case and subject to such conditions as the Minister may impose. |
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| Exemption for defence purposes |
88.—(1) The persons in subsection (2) do not commit an offence under this Act only because of something done by the person in the exercise or discharge of the person’s powers or duties to the extent the power or duty requires the person to possess, handle or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, a weapon or noxious substance or operate a shooting range in connection with any of the following:| (a) | the defence of Singapore, including activities intended to support the functions of the Singapore Armed Forces, or other activities necessary for the defence and security of Singapore; | | (b) | the protection of the integrity of Singapore’s territory and its borders from serious threats and the protection of Singapore or part of it, or the people of Singapore, from terrorism, espionage or other like activities intended or likely to obstruct, hinder or interfere with the defence and security of Singapore; | | (c) | any air or sea operations that the Singapore Armed Forces is authorised under section 201B of the Singapore Armed Forces Act (Cap. 295) to be deployed; | | (d) | the deployment of the Singapore Armed Forces under section 201C of the Singapore Armed Forces Act in relation to a relevant event (within the meaning of section 201C(10) of that Act), but only for the period the Singapore Armed Forces is authorised under section 201C(1) of that Act to be deployed with respect to that relevant event; | | (e) | an authorisation under section 201D of the Singapore Armed Forces Act for the protection of persons and property of any Singapore Armed Forces property which has been declared a protected area or a protected place under the Infrastructure Protection Act 2017 (Act 41 of 2017); | | (f) | the maintenance of supplies and services essential to the life of the community in Singapore or for the conduct of exercises relating thereto under the Requisition of Resources Act (Cap. 273). |
(2) The persons to whom subsection (1) applies are as follows:| (a) | a member of the Singapore Armed Forces, whether or not in regular service or national service, and includes an operationally ready national serviceman and a volunteer; | | (b) | any person for the time approved by the Minister charged with the responsibility for defence in connection with any matter in subsection (1)(a), (b), (c), (d), (e) or (f). |
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89.—(1) A Licensing Officer may exempt, for a period specified in the exemption, a particular person, place, premises or activity who or which is not within the class of persons or activities to which section 88 applies from the operation of any provision of this Act (except section 88) where the Licensing Officer is personally satisfied that all of the following apply:| (a) | the risk to public safety and security of providing the exemption is minor; | | (b) | there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public safety and security in providing the exemption; | | (c) | there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act. |
(2) An exemption under this section —| (a) | must be in writing and given to the particular person concerned; and | | (b) | need not be published in the Gazette. |
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90.—(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the Minister may make regulations for any of the following:| (a) | classes of licences; | | (b) | the form and manner in which, and the time within which, an application for the grant of a licence or security clearance may be made under this Act; | | (c) | the carrying out of inquiries of applicants for a licence or a security clearance; | | (d) | the fees to be paid in respect of applications for the grant of a licence and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged; | | (e) | the records that must be kept by licensees and the provision of returns and other information with respect to the regulated activities authorised by their respective licences, including audio and visual records about those activities; | | (f) | the storage, identification, maintenance, carrying, conveyance, altering, repair, testing and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons or noxious substances; | | (g) | measures to deal with safety, and safety incidents and accidents, involving guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the carrying on of a regulated activity, and make provision in relation to mandatory reporting to a Licensing Officer those safety incidents and accidents; | | (h) | guns and weapons training courses; | | (i) | training and supervision in relation to the use of guns, explosives or weapons; | | (j) | the control and regulation of explosives and explosive precursors, including but not limited to the following:| (i) | the handling of explosives or explosive precursors; | | (ii) | premises, conveyances, containers and any other equipment, containers or things which are intended for use, are being used or have been used in connection with explosives or explosive precursors; | | (iii) | smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, prescribed activities in the vicinity of explosives or explosive precursors; | | (iv) | the inspection, examination and testing of explosives or explosive precursors and equipment or containers intended for use or used in connection with explosives or explosive precursors; | | (v) | records relating to explosives or explosive precursors and the furnishing of returns and other information relating to explosives or explosive precursors; |
| | (k) | the approval of ranges or grounds of shooting range operators or paintball range operators as approved shooting ranges or paintball ranges, including applications for, and conditions of, approval of such ranges or grounds. |
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(3) Regulations made under this section may —| (a) | make different provisions for different classes or descriptions of persons, or guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges, or different circumstances; | | (b) | prescribe the offences under this Act that may be compounded; | | (c) | create offences for a contravention of any provision of the Regulations, the penalty for which on conviction may be a fine not exceeding $50,000 or imprisonment for a term not exceeding 18 months or both; and | | (d) | provide for such saving, transitional and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act. |
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| 91. The Minister may, by order in the Gazette, amend the First or Second Schedule. |
| Presentation to Parliament |
| 92. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette. |
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