Infectious Diseases (Amendment) Act 2003 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 6]

Friday, April 4

[2003

The following Act was passed by Parliament on 21st March 2003 and assented to by the President on 27th March 2003:—

Infectious Diseases (Amendment) Act 2003

(No. 5 of 2003)

I assent.

S R NATHAN,

President.

27th March 2003.

Date of Commencement: 1st April 2003

An Act to amend the Infectious Diseases Act (Chapter 137 of the 1999 Revised Edition) and to make a consequential amendment to the National Environment Agency Act 2002 (Act 4 of 2002).

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 Infectious Diseases (Amendment) Act 2003 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Infectious Diseases Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately before the definition of “AIDS”, the following definition:

“ “Agency” means the National Environment Agency established under the National Environment Agency Act 2002 (Act 4 of 2002);”;

(b)

by deleting the words “medical practitioner” in the definition of “Health Officer” and substituting the word “person”;

(c)

by deleting the definition of “infectious disease” and substituting the following definition:

“ “infectious disease” means —

(a)

any of the diseases specified in the First Schedule; and

(b)

for the purposes of sections 7, 8, 9, 10, 13, 14, 15, 16, 19, 47, 55 and 72 (1)(g), includes any other disease —

(i)	that is caused or is suspected to be caused by a micro-organism or any agent of disease;
(ii)	that is capable or is suspected to be capable of transmission by any means to human beings; and
(iii)	that, the Director has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;”;

(d)

by deleting the definition of “Minister” and substituting the following definition:

“ “Minister” means —

(a)	in relation to sections 3(1), 7 (1), 19 (2), 21 (3), 25 (1)(k), 26, 47, 52, 54 and 58 (1), the Minister charged with the responsibility for health; and
(b)	in relation to section 3(2), the Minister charged with the responsibility for the environment”; and

(e)

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

“ “public place” means any place or premises to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and includes any place or premises used by the public or a section of the public for educational or recreational purposes or for assemblage;”.

Amendment of section 3

3. Section 3 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) Except as otherwise provided by this Act, the Director shall, subject to any general or special directions of the Minister, be responsible for the administration of Parts III and V.

(2) Except as otherwise provided by this Act, the Director-General shall, subject to any general or special directions of the Minister, be responsible for the administration of Part IV.”.

Amendment of section 5

4. Section 5 of the principal Act is amended by deleting the words “The Minister” and substituting the words “The appropriate Minister”.

Amendment of section 6

5. Section 6 of the principal Act is amended by deleting the words “forthwith give notice in the prescribed form to the Director” in subsections (1), (2) and (3) and substituting in each case the words “notify the Director within the prescribed time and in such form or manner as the Director may require”.

Amendment of section 8

6. Section 8 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:

“(3) If any person fails to comply with the requirements of the Director under this section —

(a)	that person shall be guilty of an offence; and
(b)	the Director may order the removal of that person to a hospital or place where the person may be detained until he is free from infection.”.

Amendment of section 12

7. Section 12 (1) of the principal Act is amended by deleting the words “or destroy any insect, rat or other vermin found therein”.

Amendment of section 17

8. Section 17 (1) of the principal Act is amended by inserting, immediately after the word “surveillance”, the words “or required to undergo any examination or treatment”.

Amendment of section 26

9. The principal Act is amended by renumbering section 26 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) The Minister may, in his discretion, issue an order prohibiting the entry into Singapore of any person or class of persons from an infected area declared under subsection (1) except under such conditions as he may specify.”.

Amendment of section 27

10. Section 27 (1) of the principal Act is amended by deleting the word “Director-General” and substituting the word “Director”.

Amendment of section 28

11. Section 28 (1) of the principal Act is amended by deleting the words “such form as may be prescribed” and substituting the words “such form or manner as the Director-General may require”.

Amendment of section 29

12. Section 29 (1) of the principal Act is amended by deleting the words “and, if necessary, to isolation, surveillance or treatment” in paragraph (b).

Amendment of section 32

13. Section 32 of the principal Act is amended by deleting the words “Director-General or a Port Health Officer” in subsections (1) and (2) and substituting in each case the words “Director or a Health Officer authorised by the Director”.

Repeal of section 33

14. Section 33 of the principal Act is repealed.

Amendment of section 41

15. Section 41 of the principal Act is amended —

(a)	by deleting the words “any disease-causing organism or” in subsection (1); and
(b)	by deleting the words “agents and” in the section heading.

New section 41A

16. The principal Act is amended by inserting, immediately after section 41, the following section:

“Importation of agents of diseases

41A.—(1) No person shall, without the prior written permission of the Director, import or bring or cause to be imported or brought into Singapore any disease-causing organism or any agent of disease capable of transmitting a disease.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.”.

Amendment of section 42

17. Section 42 of the principal Act is amended by deleting the word “infected” wherever it appears in subsections (1) and (2) and substituting in each case the word “contaminated”.

Amendment of section 44

18. Section 44 of the principal Act is amended —

(a)	by deleting the words “or a Port Health Officer” in subsection (1) and substituting the words “, the Director, a Port Health Officer or a Health Officer”;
(b)	by deleting the words “or a Port Health Officer and their staff” in subsection (2) and substituting the words “, the Director, a Port Health Officer or a Health Officer and any person acting under his direction”; and
(c)	by deleting the words “and Port Health Officer” in the section heading and substituting the words “, Director, etc.”.

Amendment of section 45

19. Section 45 of the principal Act is amended —

(a)	by deleting the words “or a Port Health Officer” in subsections (1), (3), (4) and (5) and substituting in each case the words “, the Director, a Port Health Officer or a Health Officer”; and
(b)	by inserting, immediately after the word “Agency” in subsection (4), the words “or the Government, as the case may be”.

Repeal and re-enactment of section 47

20. Section 47 of the principal Act is repealed and the following section substituted therefor:

“Power to order mandatory vaccination of persons in certain cases

47.—(1) In an outbreak of any infectious disease in any area in Singapore, the Minister may by order direct any person or class of persons not protected or vaccinated against the disease to be vaccinated within such period as may be specified in the order.

(2) In addition to the power conferred by subsection (1), whenever it appears to the Minister that —

(a)	an outbreak of an infectious disease in any area in Singapore is imminent; and
(b)	it is necessary or expedient to do so for the securing of public safety,

the Minister may by order direct any person or class of persons not protected or vaccinated against that infectious disease to be vaccinated within such period as may be specified in the order.

(3) Any order made under subsection (1) or (2) may specify the person by whom and the manner in which the vaccination is to be carried out.

(4) Where any order is made under subsection (1) or (2), the Minister shall cause notice of the effect of the order to be given in such a manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice thereof.”.

Amendment of section 48

21. Section 48 (2) of the principal Act is amended by deleting paragraph (b) and substituting the following paragraph:

“(b)

within the prescribed period after carrying out any vaccination or intradermal test, notify in the prescribed manner —

(i)	the Director or any officer of the Board who is designated by the Director for the purpose; and
(ii)	the person on whom the vaccination or intradermal test was carried out or, if such person is a child, to the parent or guardian of such child.”.

Amendment of section 50

22. Section 50 of the principal Act is amended —

(a)

by deleting the words “the prescribed form” in subsection (1) and substituting the words “such form as the Director may require”;

(b)

by deleting the words “for such period as may be prescribed” in subsection (2) and substituting the words “for such period as may be specified therein”;

(c)

by deleting the words “prescribed period” in subsection (3) and substituting the words “exemption certificate”;

(d)

by deleting the words “as may be prescribed” in subsection (3) and substituting the words “as the Director may require”; and

(e)

by deleting subsection (4) and substituting the following subsection:

“(4) Any medical practitioner who issues an exemption certificate under this section shall, within the prescribed time and in such form or manner as the Director may require, notify the Director or an officer of the Board who is designated by the Director for the purpose.”.

Amendment of section 51

23. Section 51 of the principal Act is amended by inserting, immediately after the words “this Part”, the words “, or fails to comply with any notice given under section 46 or order made under section 47,”.

Repeal and re-enactment of section 55

24. Section 55 of the principal Act is repealed and the following section substituted therefor:

“Powers of Director and Health Officers in dealing with outbreaks and suspected outbreaks of infectious diseases

55.—(1) For the purpose of investigating into any outbreak or suspected outbreak of an infectious disease or for the purpose of preventing the spread of any such infectious disease, the Director or any Health Officer authorised by the Director may —

(a)

at any time without warrant and with such force as may be necessary —

(i)	enter, inspect and search any premises; or
(ii)	stop, board, inspect and search any conveyance,

in which the outbreak or suspected outbreak has taken place;

(b)

take samples of any substance or matter, wherever found, if the Director or Health Officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak, and send such samples for such test, examination or analysis as the Director or Health Officer may consider necessary or expedient;

(c)

seize any substance or matter, wherever found, if the Director or Health Officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;

(d)

require any person to destroy any food in his possession which the Director or Health Officer has reason to believe is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;

(e)

require any person —

(i)	to furnish any information within his knowledge; or
(ii)	to produce for inspection any book or document within his custody or possession,

that the Director or Health Officer has reason to believe will be useful for the purposes of the investigation into the outbreak or suspected outbreak;

(f)

require, by notice in writing, any person who is suspected of being infected with an infectious disease to submit to medical examination and have his blood or other body sample taken for examination within the time specified in such notice, and to undergo such treatment as may be necessary;

(g)

subject to subsection (4), order the closure or cordoning off of any public place in which the outbreak or suspected outbreak has taken place;

(h)

subject to subsections (5) and (6), requisition, for such period as the Director or Health Officer thinks necessary —

(i)	any premises which, in his opinion, is suitable for the isolation and treatment of persons who are or are reasonably suspected to be cases or carriers or contacts of the infectious disease; and
(ii)	any conveyance which, in his opinion, is suitable and necessary for use in connection with the prevention of the spread of the infectious disease; and

(i)

by order prohibit or restrict the movement of persons, animals and conveyances into, within or out of any public place referred to in paragraph (g) or any premises referred to in paragraph (h)(i).

(2) Where the Director or Health Officer seizes any substance or matter under subsection (1)(c) —

(a)

the Director or Health Officer shall forthwith give notice in writing of the seizure to the owner of, or to the person from whom, the substance or matter was seized and may —

(i)	direct that the substance or matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or
(ii)	dispose of the substance or matter immediately if the Director or Health Officer is of the view that the substance or matter is decayed, putrefied or deleterious to health; and

(b)

any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court and the Magistrate’s Court may —

(i)	confirm the seizure wholly or in part;
(ii)	disallow the seizure wholly or in part;
(iii)	order that any substance or matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the substance or matter is preserved for any purpose for which it may subsequently be required; or
(iv)	order payment to be made to the owner of or person entitled to the substance or matter seized of such amount as the Court considers reasonable compensation to him for any loss or depreciation resulting from the seizure.

(3) Where —

(a)	no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (2)(b); or
(b)	the Magistrate’s Court confirms the seizure under subsection (2)(b)(i),

the substance or matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court, as the case may be, shall become the property of the Government and shall be disposed of in such manner as the Director thinks fit.

(4) The power referred to in subsection (1)(g) shall not apply in respect of any public place where the power to order the closure or cordoning off of such public place in the same circumstances has been conferred by any other written law on some other public officer or statutory body.

(5) Any premises that are unoccupied may be requisitioned under subsection (1)(h) without notice being given to the owner thereof, but no premises that are occupied shall be so requisitioned unless a written notice has been served on the owner or occupier or posted in a conspicuous position at those premises.

(6) Where any premises or conveyance is requisitioned under subsection (1)(h), the owner or occupier of the premises or the owner or person having control and possession of the conveyance shall be entitled to a reasonable compensation for the occupation of the premises during the period of requisition, or for the use and detention of the conveyance, as the case may be.

(7) Any person who fails to comply with any requirement or order made by the Director or a Health Officer under subsection (1)(d), (e), (f), (g) or (i) shall be guilty of an offence.”.

Repeal and re-enactment of section 67

25. Section 67 of the principal Act is repealed and the following section substituted therefor:

“Immunity of Government, Agency, etc.

67. No suit or other legal proceedings shall lie against the Government, the Agency or any other person for anything which is in good faith done or omitted to be done in the exercise of any power or the performance of any duty or function under this Act.”.

Repeal and re-enactment of section 68A

26. Section 68A of the principal Act is repealed and the following section substituted therefor:

“Fees, etc., collected by Director and Director-General

68A.—(1) All fees, charges, composition sums and moneys collected by the Director in connection with the administration of this Act shall be paid into the Consolidated Fund.

(2) All fees, charges, composition sums and moneys collected by the Director-General in connection with the administration of this Act shall be paid to the Agency.”.

Miscellaneous amendments

27. The principal Act is amended by deleting the words “public officer” wherever they appear in the following provisions and substituting in each case the words “Health Officer”:

Sections 56(1), 57(1), (2), (3) and section heading and 63(1).

Consequential amendment to National Environment Agency Act

28. Section 11(1) of the National Environment Agency Act 2002 (Act 4 of 2002) is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)	to identify, undertake research into, and conduct investigations and surveillance of environmental health concerns and vectors of infectious agents, and to develop strategies of prevention and control in connection with such matters;”.

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