PART V | suspension OF and PROHIBITION AGAINST SUPPLY and INQUIRY PROCEEDINGS |
| Suspension of and prohibition against supply of registered controlled goods |
18.—(1) The Safety Authority may suspend or prohibit the supply of any registered controlled goods —| (a) | where the registered controlled goods do not or no longer conform to the safety requirements of the Safety Authority; | | (b) | where the registration of the registered controlled goods was obtained by the Registered Supplier in contravention of regulation 7(7); | | (c) | where the Registered Supplier has contravened, is contravening or is likely to contravene any condition imposed by the Safety Authority on the registration of the registered controlled goods; | | (d) | where the Registered Supplier has contravened, is contravening or is likely to contravene any provision in Part III or IV; or | | (e) | where the Safety Authority is entitled to do so under regulation 21 or 22. |
(2) Where the Safety Authority intends to suspend or prohibit the supply of any registered controlled goods under paragraph (1)(a), (b), (c) or (d), the Safety Authority shall notify the Registered Supplier in writing of its intention and shall in that notification specify —| (a) | the reason for which the Safety Authority intends to suspend or prohibit the supply of the registered controlled goods; and | | (b) | a time period (not being less than 14 days) within which the Registered Supplier may provide to the Safety Authority any explanation he may wish to offer and to inform the Safety Authority if he wishes to be heard. |
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(3) Upon considering any explanation of the Registered Supplier and upon providing the Registered Supplier with a reasonable opportunity to be heard (where such a request was made), the Safety Authority may —| (a) | subject to such conditions as it thinks fit, withhold the suspension of or prohibition against the supply of the registered controlled goods; | | (b) | suspend the supply of the registered controlled goods and lift the suspension at such time as the Safety Authority thinks fit; or | | (c) | prohibit the supply of the registered controlled goods, |
| and the Safety Authority shall notify the Registered Supplier in writing of its decision. |
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| Inquiry into incident involving registered controlled goods |
19.—(1) The Safety Authority shall inquire into any complaint or information received by it of any incident involving any registered controlled goods supplied in Singapore which results in any one or more of the following:| (a) | damage to any of those registered controlled goods; | | (b) | damage to any other property; and | | (c) | injury to any person or loss of life. |
| (2) The Safety Authority shall, within 60 days of receipt of the technical file from the Registered Supplier under regulation 16(3), complete its inquiry and prepare a report as to the cause of the incident. |
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| Incident arising out of misuse of registered controlled goods |
| 20. Where the cause of the incident was the misuse of the registered controlled goods, the Safety Authority shall dismiss the complaint or information received. |
| Incident arising out of uncertified modification or incorrect testing or certification by CAB |
21.—(1) Where —| (a) | the Safety Authority ascertains the cause of the incident as being —| (i) | an uncertified modification of the registered controlled goods; or | | (ii) | the registered controlled goods not conforming to the safety requirements specified by the Safety Authority; and |
| | (b) | such uncertified modification or non-conformity affects only one of those registered controlled goods, |
| the Safety Authority shall notify the Registered Supplier in writing of its findings and, together with the Registered Supplier or otherwise, take such steps as the Safety Authority thinks fit to ensure that such incident does not occur again. |
(2) Where —| (a) | the Safety Authority ascertains the cause of the incident as being —| (i) | an uncertified modification of the registered controlled goods; or | | (ii) | the registered controlled goods not conforming to the safety requirements specified by the Safety Authority; and |
| | (b) | such uncertified modification or non-conformity affects more than one of those registered controlled goods, |
| the Safety Authority shall notify the Registered Supplier in writing of its findings and the supply of the registered controlled goods shall be suspended from the date of such notification. |
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| (3) The Registered Supplier may, within 30 days of its receipt of a notification referred to in paragraph (2), provide to the Safety Authority any explanation the Registered Supplier may wish to offer in respect of the incident and any evidence in support of such explanation. |
| (4) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (3), the Safety Authority is of the view that the supply of the registered controlled goods should in the interests of public safety be discontinued, the Safety Authority shall prohibit the supply of the controlled goods. |
(5) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (3), the Safety Authority is of the view that the supply of the registered controlled goods will not prejudice public safety, the Safety Authority shall —| (a) | subject to such conditions as it thinks fit, lift the suspension on the supply of the controlled goods; and | | (b) | together with the Registered Supplier or otherwise, take such steps as the Safety Authority thinks fit to ensure that such incident does not occur again. |
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| (6) The Safety Authority shall inform the Registered Supplier in writing of its decision made under paragraph (4) or (5). |
(7) In this regulation, “uncertified modification” means any modification to —| (a) | any registered controlled goods referred to in regulation 17(2) in respect of which regulation 17(2)(a) has not been complied with; or | | (b) | any registered controlled goods referred to in regulation 17(4) in respect of which the new controlled goods have not been registered with the Safety Authority. |
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| Incident arising out of unknown cause and further inquiry |
22.—(1) Where the cause of the incident cannot be ascertained by the Safety Authority upon completion of its inquiry into the complaint or information under regulation 19 and the incident resulted in loss of life, serious injury to any person, or damage to any property, the Safety Authority may —| (a) | suspend the supply of the registered controlled goods; and | | (b) | extend its inquiry into the complaint or information for a period not exceeding 30 days. |
| (2) Where the cause of the incident cannot be ascertained by the Safety Authority upon completion of its inquiry into the complaint or information under regulation 19 and the incident resulted in damage to one of those registered controlled goods or injury to any person (not being a serious injury), the Safety Authority may extend its inquiry into the complaint or information for a period not exceeding 30 days. |
| (3) The Safety Authority shall notify the Registered Supplier in writing of its decision made under paragraph (1) or (2), and where the supply of the registered controlled goods is to be suspended, the suspension shall take effect from the date of such notification. |
| (4) Where, at the end of a further inquiry, the Safety Authority determines that the incident occurred as a result of any of the causes specified in regulation 20 or 21, the Safety Authority shall proceed in accordance with the provisions of regulation 20 or 21, as the case may be. |
(5) Where the Safety Authority —| (a) | is of the view that a further inquiry is not necessary; or | | (b) | having completed a further inquiry, is unable to ascertain the cause of the incident, |
| the Safety Authority shall notify the Registered Supplier in writing accordingly and allow the Registered Supplier to make, within 30 days of the date of the notification, any explanation the Registered Supplier may wish to offer in respect of the incident and any evidence in support of such explanation. |
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| (6) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (5), the Safety Authority is of the view that the supply of the registered controlled goods should in the interests of public safety be discontinued, the Safety Authority shall prohibit the supply of the controlled goods. |
(7) Where, upon considering any explanation and evidence provided by the Registered Supplier under paragraph (5), the Safety Authority is of the view that the supply of the registered controlled goods will not prejudice public safety, the Safety Authority shall —| (a) | subject to such conditions as it thinks fit, lift the suspension on the supply of the controlled goods; and | | (b) | together with the Registered Supplier or otherwise, take such steps as the Safety Authority thinks fit to ensure that such an accident or incident does not occur again. |
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| (8) The Safety Authority shall inform the Registered Supplier in writing of its decision made under paragraph (6) or (7). |
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| Power of Safety Authority to obtain information, etc. |
23.—(1) Without prejudice to section 22 of the Act, for the purposes of regulation 18 and any inquiry or further inquiry under this Part, the Safety Authority may require any person whom it believes to have knowledge of the matter (including the Registered Supplier of the registered controlled goods concerned) —| (a) | to produce for inspection any book, document, paper or other record relating to or connected with the matter; and | | (b) | to give all information relating to or connected with the matter as the Safety Authority may require. |
| (2) Without prejudice to section 22 of the Act, for the purposes of regulation 18 and any inquiry or further inquiry under this Part, the Safety Authority may require the Registered Supplier of the registered controlled goods concerned to provide to it free of charge samples of the registered controlled goods. |
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| Effect of suspension of or prohibition against supply |
24.—(1) Where the supply of any registered controlled goods is suspended, the registration of those controlled goods shall be deemed to be suspended.(2) Where the supply of any registered controlled goods is prohibited —| (a) | the registration of those controlled goods shall be deemed to be withdrawn; and | | (b) | the Safety Authority may —| (i) | require the Registered Supplier to effect a recall of the registered controlled goods and keep the Safety Authority informed of the progress of such recall; and | | (ii) | take such steps as may be necessary to inform users of the registered controlled goods of the potential danger of such goods. |
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(3) Where the supply of any registered controlled goods is suspended or prohibited —| (a) | those controlled goods shall, for the period of the suspension or from the date of the prohibition (as the case may be), be dealt with under the Act or these Regulations in the same manner as unregistered controlled goods; and | | (b) | the Registered Supplier shall notify all suppliers who obtained those controlled goods from him, directly or indirectly, of the suspension or prohibition. |
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(4) A Registered Supplier who —| (a) | fails or neglects to effect a recall of the registered controlled goods required by the Safety Authority under paragraph (2)(b)(i); or | | (b) | fails to comply with paragraph (3)(b), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Savings and transitional provisions |
25.—(1) Subject to paragraph (3), any controlled goods which immediately before 1st April 2002 were approved by the Safety Authority under and for the purposes of the revoked Consumer Protection (Safety Requirements) Regulations (Rg 1, 1999 Ed.) shall be treated as registered controlled goods under and for the purposes of these Regulations for the remaining period of such approval.| (2) Unless the Safety Authority otherwise allows, no goods approved under the revoked Consumer Protection (Safety Requirements) Regulations shall be treated as registered controlled goods under paragraph (2) unless the person who obtained the approval for the goods under the revoked Consumer Protection (Safety Requirements) Regulations is, on 1st April 2002, a Registered Supplier. |
| (3) Nothing in this regulation shall prevent the registration of any goods referred to in paragraph (2) from being renewed under Part II of these Regulations. |
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