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Restrictions on the Supply, Distribution and Use of Petroleum and Electricity Bill

Bill No. 60/1973

Read the first time on 18th December 1973.

An Act to make temporary provision for the imposition of restrictions on the supply, distribution and use of petroleum and electricity.

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

Short title

1.—(1) This Act may be cited as the Restrictions on the Supply, Distribution and Use of Petroleum and Electricity Act, 1973.

(2) This Act shall be in force for a period of one year from the date of its commencement:

Provided that the Minister may, from time to time by notification in the Gazette, extend that period for such further period or periods of not more than twelve months at a time as he may think fit.

(3) The expiry of this Act shall not affect its operation as respects things previously done or omitted to be done.

Interpretation

2. In this Act, unless the context otherwise requires —

“Board” means the Public Utilities Board established under the Public Utilities Act (Cap. 211);

“driving licence” means a licence to drive a motor vehicle granted under the provisions of Part I of the Road Traffic Act (Cap. 92);

“electricity” means electrical power when generated, transmitted, supplied or used for any purpose except the transmission of any communication or signal;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“offence” means an offence under this Act and includes any contravention of or failure to comply with any regulations made under this Act and any contravention of or failure to comply with the terms and conditions of any permit or exemption granted under any regulations made under this Act and any failure to comply with any request or direction lawfully made or given thereunder;

“petroleum” includes crude petroleum and oil made from petroleum, coal, shale, peat or other bituminous substances and other products of petroleum;

“Registrar” means the Registrar of Vehicles or a Deputy or Assistant Registrar of Vehicles appointed under section 7 of the Road Traffic Act (Cap. 92);

“road” includes any public road and any other road to which the public has access, and includes —

(a)	any road within Pulau Bukom; and
(b)	any bridge over which a road passes;

“vehicle” means any vehicle whether mechanically propelled or otherwise.

Power to make regulations

3.—(1) Subject to the provisions of this section, the Minister may make any regulations whatsoever which he considers desirable or expedient for restricting the supply, distribution and use of petroleum and electricity.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the regulations made thereunder may, so far as appear to the Minister to be necessary or expedient for any of the purposes mentioned in that subsection —

(a)	prohibit or restrict the use of motor vehicles or of any specified class or description of motor vehicles on all or any specified roads within Singapore either generally or during particular hours or days;
(b)	prohibit or restrict the supply, distribution or use of electricity for any purposes or specified purposes either generally or during specified hours;
(c)	restrict the hours during which any shop, office, cinema, theatre, hotel, restaurant, bar, cabaret, night-club, amusement park, place of entertainment or any business premises may be opened for business;
(d)	prohibit, either absolutely or subject to such conditions as may be prescribed, the purchase, sale, storage or transport of any petroleum;
(e)	provide that a contravention thereof shall be punishable by a fine not exceeding ten thousand dollars or with imprisonment for a term not exceeding two years or with both such fine and imprisonment, as may be specified in the regulations;
(f)	authorise such authorities, persons or classes of persons as may be specified in the regulations to enter and search any premises;
(g)	authorise such authorities, persons or classes of persons as may be specified in the regulations to compound any offence by collecting from the person who has or is reasonably suspected of having committed the same a sum of money not exceeding five hundred dollars;
(h)	provide for exemption, either absolutely or subject to such conditions as may be imposed, from all or any of the regulations; and
(i)	prescribe fees or other payments.

Powers of arrest

4.—(1) Regulations made under this Act may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to arrest without warrant any person who commits an offence and take such person to a Magistrate’s Court or police station to be dealt with in accordance with the provisions of the Criminal Procedure Code (Cap. 113).

(2) Notwithstanding the provisions of the Criminal Procedure Code, the regulations may empower any person who has effected an arrest and is satisfied as to the identity, name and place of residence of the person arrested, in his discretion, instead of taking him before a Court or to a police station, to serve upon the person arrested a notice, in such form as may be prescribed requiring the person to attend at a Court described at the hour and on the date specified in the notice.

(3) For the purpose of satisfying himself as to the identity of the person arrested, the person making the arrest may require the person arrested to furnish such evidence of identity as he may require.

(4) A duplicate copy of the notice referred to in subsection (2) shall be prepared by the person making the arrest and produced by him to a Court if so required by the Court.

(5) On an accused person appearing before a Court in pursuance of such a notice, the Court shall take cognisance of the offence alleged and shall proceed as though he were produced before it in pursuance of subsection (1).

(6) If a person upon whom such a notice has been served as aforesaid, fails to appear before a Court in accordance therewith the Court shall thereupon issue a warrant for the arrest of such a person.

(7) Upon a person arrested in pursuance of a warrant issued under subsection (6) being produced before it, the Court shall proceed as though he were produced before it in pursuance of subsection (1) and shall at the conclusion of such proceedings call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him and if cause is not shown, may order him to pay such penalty not exceeding two thousand dollars as the Court thinks fit or may commit him to prison for a term not exceeding two months.

(8) The regulations may provide for empowering such authorities, persons or classes of persons as may be specified in the regulations to cancel the notice referred to in subsection (2) at any time before the date specified in the notice for the person to whom the notice is directed to appear in Court.

Board may cut off or reduce electricity supply

5.—(1) The regulations made under this Act may provide for empowering the Board to reduce or cut off any supply of electricity to any person who is, in the opinion of the Board, contravening or not complying with the provisions of any regulation made for the purpose of restricting the supply, distribution or use of electricity notwithstanding any agreement made with the person for the supply of electricity.

(2) No proceedings shall be instituted against the Board, or any member of the Board, or any employee thereof, or any other person whomsoever acting under the direction of the Board, arising out of the reduction or cut off of any supply of electricity made by the Board in accordance with the regulations made under this Act.

Powers of confiscation

6.—(1) Where a person is convicted of an offence, the Court shall order the confiscation of any petroleum in respect of which the offence has been committed which has been seized by or has otherwise come into the possession of any person authorised to arrest any person committing an offence.

(2) The petroleum shall be disposed of in such manner as the Court may direct and any moneys realised from the sale of the confiscated article shall be paid into the Consolidated Fund.

Cancellation or suspension of driving licences

7.—(1) Where a person is convicted of an offence in connection with the unauthorised storage of petroleum, the Court may if it thinks fit order him to be disqualified from holding or obtaining a driving licence for all or any description of vehicles for such period as the Court thinks fit.

(2) Any person who is disqualified from holding or obtaining a driving licence by virtue of an order made under this section shall be deemed to be disqualified under the provisions of Part I of the Road Traffic Act (Cap. 92) and the provisions of that Act shall apply mutatis mutandis to a disqualification under this section.

(3) A person who by virtue of an order of a Court made under this section is disqualified from holding or obtaining a driving licence may appeal against the order in the same manner as against a conviction, and the Court may if it thinks fit, pending the appeal, suspend the operation of the order.

Cancellation or suspension of vehicle licences

8.—(1) Where a person is convicted of an offence in connection with the unauthorised storage of petroleum, the Registrar may cancel the licence issued in respect of any motor vehicle owned by such person or suspend the licence for such period as the Registrar thinks fit.

(2) The provisions of section 8 of the Road Traffic Act shall apply mutatis mutandis to the cancellation or suspension of the licence for a vehicle under this section.

Jurisdiction of Courts

9. Notwithstanding anything contained in any other written law to the contrary, a District Court or a Magistrate’s Court shall have jurisdiction to hear and determine any prosecution for an offence and may impose the maximum penalty prescribed for the offence.

Duty to give information

10.—(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence —

(a)

the owner of the motor vehicle shall give such information as he may be required by an authorised officer to give as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the driving licence held by that person, and if he fails to do so within seven days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the Court, that he did not know and could not with reasonable diligence have ascertained the information required; and

(b)

any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within seven days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence.

(2) Any person who wilfully furnishes any false or misleading information under subsection (1) shall be guilty of an offence.

(3) An authorised officer may require any information to be furnished under subsection (1) to be in writing signed by the person required to furnish such information.

(4) Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence may be used as evidence without proof of signature at the hearing of the charge.

(5) Notwithstanding any other written law to the contrary, any statement made by any person to any authorised officer that a motor vehicle was on a particular occasion being driven by or belonged to that person or that it belonged to a firm in which such person also stated that he was a partner or to a corporation of which such person stated that he was a director, officer or employee shall be admissible in evidence without proof of signature for the purpose of determining by whom such motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.

(6) Any person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(7) For the purposes of this section —

“authorised officer” means any person authorised to arrest any person for an offence in connection with the driving or use of a motor vehicle;

“owner”, in relation to a motor vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement.

Provisions as to evidence

11.—(1) Any registration document or licence issued by the Registrar in respect of any vehicle shall be prima facie evidence of the registration of such vehicle or of the fact that such vehicle was licensed for the period specified in such licence, as the case may be.

(2) When in any proceedings for an offence it is necessary to prove —

(a)	that a vehicle was, or was not, registered in the name of any person; or
(b)	that any person was, or was not, the registered owner of a vehicle; or
(c)	that any person was, or was not, the holder of a licence granted under the Road Traffic Act (Cap. 92),

a certificate purporting to be signed by the Registrar and certifying the matters aforesaid shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the Registrar to such certificate.

Liability of partners, directors, etc.

12.—(1) Where an offence is committed by a corporation or other body corporate and the offence is proved to have been committed with the consent or connivance of or to have been facilitated by any neglect on the part of any director, chairman, manager, secretary or other officer of the corporation or other body corporate, he, as well as the corporation or body corporate, shall be deemed to be guilty of the offence and shall be liable to be punished accordingly.

(2) Whenever any agent or servant in the course of his employment does or omits to do any act, the doing of which or omission to do which by his principal or employer would be an offence such agent or servant shall be guilty of that offence.

(3) Any person who would have been guilty of an offence if anything had been done or omitted to be done by him personally shall be guilty of such offence and shall be liable to the same penalty if such thing had been done or omitted to be done by his partner, agent or servant in the course of his employment, as the case may be, unless he proves to the satisfaction of the Court that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing of or omission to do such a thing.

Regulations to be presented to Parliament

13. All regulations made by the Minister under section 3 shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of one month from the date when the regulations were so presented annulling the regulations or any part thereof from a specified date, the regulations or that part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to anything previously done thereunder or to the making of new regulations.