PART 3 | Cleaning of streets, etc. |
[15/2014] | Director-General to cause public streets, etc., to be cleansed |
| 5.—(1) The Director-General must cause public streets, including the footways thereof, and public parks, beaches, foreshores, canals, waterways and unoccupied State land, to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed. [15/2014] | (2) Nothing in subsection (1) derogates from the effect of any other written law. [15/2014] |
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| Duty of owner and occupier to keep clean private streets, etc., abutting on their premises |
6.—(1) The owner and the occupier of any premises abutting upon any private street to which they have access or the right of access from their premises must cause any portion of the street that fronts, adjoins or abuts on their premises and up to the centre thereof including the footways to be properly swept and cleansed and watered so far as is reasonably practicable, and refuse and filth of every sort found thereon to be collected and removed.| (2) The owner and the occupier of any premises must cause the immediate vicinity of their premises, including the footways and backyards abutting thereon, and the airwells, courtyards and quadrangles thereof to be kept clean and free of refuse, filth or other matter or any accumulation of water. |
| (3) The Director-General may, by written notice, require any person upon whom any duty is cast under subsection (1) or (2) to sweep and cleanse and water such street and to collect and remove the refuse, filth and other matter found thereon at such time or times as are stated in the notice. |
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7.—(1) The Director-General may —| (a) | cause any number of dustbins or other convenient receptacles in which refuse may be temporarily deposited to be provided and placed in proper and convenient locations in public streets and private streets and in any other places that the Director‑General may think fit; and | | (b) | cause vehicles to go round to collect the refuse. |
| (2) A person must not deposit, or cause or permit to be deposited any dung, nightsoil, human excreta, industrial waste, stable refuse or garden refuse in any such dustbin or receptacle, except that such garden refuse comprising grass, small twigs and the like as may be reasonably accommodated in those dustbins or receptacles may be placed therein. |
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| Director-General may apply systems for collection and removal of refuse, etc. |
8.—(1) The Director-General may at any time apply to all premises within any area that he or she may determine any system which he or she thinks fit for the collection and removal of refuse and waste of every description from those premises.(2) In any area to which a system for the collection and removal of refuse and waste is applied under subsection (1) —| (a) | no person other than a waste collector licensee whose specified area in its licence includes premises in the area may collect or remove any refuse or waste; and | | (b) | every occupier of any premises that the Director‑General may designate in the area must use the service of collecting and removing refuse or waste provided by a public waste collector licensee whose specified area in its licence includes those designated premises. |
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| Removal of industrial waste, stable refuse, etc. |
9.—(1) The Director‑General may, by written notice, require any person carrying on a trade, manufacture or business or occupying any stable, cattle shed or place for keeping sheep, goats, swine or poultry, to remove periodically industrial waste or stable refuse to a disposal facility for disposal.| (2) Any person upon whom a notice has been served under subsection (1) must, if so required by the Director‑General, provide evidence that the person has complied with the notice. |
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| Director-General may require owner and occupier to provide dustbins and refuse bins, etc. |
10.—(1) The Director-General may, by written notice, require the owner or occupier of any premises to provide, construct or reconstruct at the expense of the owner or occupier and within the period that may be specified in the notice —| (a) | dustbins or other convenient receptacles, which must conform to any specifications that the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of refuse and rubbish from those premises; | | (b) | refuse bin centres or refuse bin compartments, which must conform to any specifications that the Director‑General may require, to be sited in appropriate locations within the premises as the Director‑General thinks fit, and in or on which must be placed the dustbins and other receptacles mentioned in paragraph (a); and | | (c) | receptacles which must conform to such specifications as the Director‑General may require, to be placed in appropriate locations within the premises of the owner or occupier as the Director‑General thinks fit for the deposit of recyclables. [26/2008] |
| (2) Where any dustbins or receptacles have been provided under subsection (1), the Director‑General may, by written notice, require the owner or occupier of any premises concerned to convey, as often as may be necessary, refuse from such premises to a disposal facility. |
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| Maintenance of refuse equipment or facility in buildings |
11.—(1) The owner of a building or part of a building served by any refuse equipment or facility is responsible for the maintenance, repair or replacement of the refuse equipment or facility.(2) The Director-General may, by written notice, require the owner of a building or part of a building served by any refuse equipment or facility to —| (a) | maintain, repair or replace the refuse equipment or facility; or | | (b) | make any modification to the refuse equipment or facility that the Director-General considers necessary for the protection of the environment or environmental public health. |
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(3) In this section —“refuse equipment or facility” means any of the following:| (a) | a refuse or waste chute; | | (b) | a refuse or waste chute chamber; | | (c) | a refuse or waste chute hopper; | | (d) | a refuse or waste lift that is wholly or partly used for the conveyance of refuse or waste; | | (e) | a standalone pneumatic waste conveyance system; |
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“standalone pneumatic waste conveyance system” —| (a) | means an automated waste collection system that —| (i) | conveys or transports refuse or waste by air suction through a network of pipes to the refuse bin centre; | | (ii) | consists of the following that are used for, or for purposes connected with, conveying or transporting refuse or waste by air suction to the refuse bin centre:| (A) | all air and ventilation networks; | | (B) | all valves, cables, pipes, regulators, apparatus, equipment, plants, stations, sensors and receptacles for the temporary storage of refuse or waste; and |
| | (iii) | is not located in a DPWCS area declared under section 31G(1); and |
| | (b) | excludes any disposal facility. [Act 5 of 2023 wef 01/07/2023] |
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| Occupier of house to remove refuse |
12.—(1) The occupier of any dwelling house or premises who —| (a) | keeps or allows to be kept otherwise than in some proper receptacle, refuse or any noxious or offensive matter in any part of such house or premises; | | (b) | allows such receptacle to be in a filthy or noxious state; or | | (c) | neglects or fails to remove the refuse or noxious or offensive matter from such receptacle and to cleanse the same, |
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| (2) The receptacle mentioned in subsection (1) must be placed at such times and places as the Director‑General may direct. |
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| Prohibition on use of nightsoil or human excreta as manure |
13.—(1) No land may be manured with nightsoil or human excreta.| (2) If any nightsoil or human excreta is found in any place collected in pits or receptacles of any kind that would in the ordinary course be used for preparing the nightsoil or human excreta for purposes of manuring, this is deemed conclusive evidence that the land on which the pits or receptacles are situated or land in the same occupation adjoining or contiguous thereto has been manured with nightsoil or human excreta. |
| (3) The owner and the occupier of any land which is manured with nightsoil or human excreta shall both be guilty of an offence. |
| (4) The Director-General may, by written notice, require the owner or occupier of the land to remove the nightsoil or receptacles or to fill up the pits, as the case may be. |
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| Prohibition on use of nightsoil or human excreta for manuring earth in pots, etc. |
| 14. A person must not use any nightsoil or human excreta for the purpose of manuring any earth, soil or other substance contained in any pot, box, container or other receptacle. |
| Prohibition of cultivation or use of manure or irrigation which is nuisance |
15. If at any time it appears to the Director‑General that the method of cultivation of any description of crop or the use or storing or method of preparing or dealing with any kind of manure (including prawn dust, prawn shell, chicken droppings and stable refuse) or the irrigation of land in any specific manner in any premises or area is a nuisance, the Director‑General may —| (a) | prohibit the method of cultivation or the use or storing or method of preparing or dealing with the manure or the manner of irrigation within the premises or area; or | | (b) | regulate any of the matters referred to in paragraph (a) by imposing any conditions thereon that the Director‑General may think necessary for the prevention of the nuisance. |
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| All refuse, etc., collected to be property of Agency |
16.—(1) All refuse, waste and filth of every sort and any matter or thing collected by the employees, contractors or agents of the Agency from streets, buildings or any premises or place or brought by any person to any public disposal facility are the property of the Agency which may sell or dispose of the refuse, waste and filth as it thinks fit.| (2) Despite subsection (1), any refuse, waste and filth of every sort, and any other matter or thing, that is conveyed within the refuse pipeline networks of any DPWCS established under Part 3B is also the property of the Agency which the Agency may sell or dispose of as the Agency thinks fit. [48/2018] [Act 5 of 2023 wef 01/07/2023] |
| (3) A person must not, without the written permission of the Director‑General, remove any refuse, waste or filth or any other matter or thing brought into any disposal facility for disposal or treatment. |
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| Offences in respect of uncleanliness in public places |
| Prohibition against throwing refuse, etc., in any public place |
17.—(1) A person must not —| (a) | deposit, drop, place or throw any dust, dirt, paper, ash, carcase, refuse, box, barrel, bale or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; | | (b) | keep or leave any article or thing in any place where it or particles therefrom have passed or are likely to pass into any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; | | (c) | dry any article of food or any other article or thing in any public place; | | (d) | place, scatter, spill or throw any blood, brine, noxious liquid, swill or any other offensive or filthy matter of any kind in such manner as to run or fall into any public place; | | (e) | beat, clean, shake, sieve or otherwise agitate any ash, hair, feathers, lime, sand, waste paper or other substance in such manner that it is carried or likely to be carried by the wind to any public place; | | (f) | throw or leave behind any bottle, can, food container, food wrapper, glass, particles of food or any other article or thing in any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; | | (g) | spit any substance or expel mucus from the nose upon or onto any street or any public place, except in a dustbin or other receptacle provided for the deposit of refuse and rubbish; or | | (h) | discard or abandon in any public place any motor vehicle whose registration has been cancelled under section 27 of the Road Traffic Act 1961, any furniture or any other bulky article. [48/2018] |
| (2) A person must not drop, deposit or throw any refuse or any other matter or thing in any channel, drain, lake, reservoir, river, stream or watercourse or upon the bank of any of the same or in any part of the sea abutting on the foreshore. |
| (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence. |
(4) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —| (a) | the owner of the motor vehicle must give any information that he or she may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and | | (b) | any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers. [15/2014] |
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(5) Where an offence under this section is alleged or suspected to be in connection with throwing, dropping or scattering of refuse or any other matter or thing from a flat used for residential purpose (including a flat which is leased for residential purpose) —| (a) | any owner of that flat must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity of every person who, at or about the time of the alleged offence, was an occupier of that flat; and | | (b) | any occupier of that flat at or about the time of the alleged offence, or any owner of that flat in the case where that flat was unoccupied at or about that time, must (if so required) give any information which it is in the occupier’s or owner’s power to give and which may lead to the identification of the alleged offender. [15/2014] |
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| (6) Any person who, without reasonable excuse, fails to comply with subsection (4) or (5) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] |
| (7) A person is not excused from giving any information required of the person by subsection (4) or (5) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014] |
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| Presumptions in respect of littering, etc., from residential flats |
17A.—(1) Where in any proceedings for a contravention of section 17(1)(a), (d) or (f), it is proved that any refuse or any other article, matter or thing that is the subject of the charge, had been deposited, dropped, placed, thrown, scattered or spilled in or into any public place from a residential flat, it is presumed, until the contrary is proved, that the refuse, article, matter or thing was deposited, dropped, placed, thrown, scattered or spilled in or into the public place from the residential flat, as the case may be —| (a) | where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or | | (b) | in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. |
(2) Where in any proceedings for a contravention of section 17(1)(b), it is proved that an article or a thing, or particles from an article or a thing, that is the subject of the charge, had passed into any public place from a residential flat, it is presumed, until the contrary is proved, that the article or thing was kept or left in the residential flat —| (a) | where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or | | (b) | in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. |
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(3) Where in any proceedings for a contravention of section 17(1)(e), it is proved that any ash, hair, feathers, lime, sand, waste paper or other substance that is the subject of the charge, had been carried by the wind to any public place due to the beating, cleaning, shaking, sieving or agitating thereof by a person in a residential flat, it is presumed, until the contrary is proved, that the act was done —| (a) | where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or | | (b) | in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. |
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(4) Where in any proceedings for a contravention of section 17(1)(g), it is proved that any substance or mucus that is the subject of the charge, had been spat by, or expelled from the nose of, a person in a residential flat upon or onto any street or public place, it is presumed, until the contrary is proved, that the substance or mucus was spat or expelled —| (a) | where at the time of the contravention the whole residential flat was leased — by the tenant of the residential flat or (if there are 2 or more tenants) by every tenant of the residential flat; or | | (b) | in any other case — by the owner of that residential flat or (where that residential flat is owned by more than one owner) by every owner of that residential flat. |
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(5) The presumption in subsection (1), (2), (3) or (4) against a person (called in this subsection the presumed offender) is rebutted if it is proved that —| (a) | the contravention mentioned in subsection (1), (2), (3) or (4) (as the case may be) was committed by a person other than the presumed offender; | | (b) | the presumed offender was not present in the residential flat at the time the contravention was committed; or | | (c) | the presumed offender provided the identity of the person whom the presumed offender reasonably believes to have committed the contravention, to a police officer or an authorised officer within 14 days after being required to do so by the police officer or authorised officer. |
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| (6) The presumptions in subsections (1), (2), (3) and (4), respectively, only apply in respect of an alleged contravention committed on or after the date of commencement of section 5 of the Environmental Public Health (Amendment) Act 2023. |
(7) For the purposes of this section, the whole residential flat may be leased to 2 or more tenants by —| (a) | a single agreement with those tenants; or | | (b) | separate agreements with one or more of those tenants. |
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| (8) In this section, “residential flat” means a flat used for residential purposes, including a flat that is leased for residential purposes. [Act 5 of 2023 wef 01/07/2023] |
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| Building works constituting danger to life, health, etc. |
| 18. Any person who, during the erection, alteration, construction or demolition of any building or at any time, fails to take reasonable precautions to prevent danger to the life, health or wellbeing of persons using any public place from flying dust or falling fragments or from any other material, thing or substance shall be guilty of an offence. |
| Prohibition against dropping, scattering, etc., certain substances in public place |
19.—(1) Any person who —| (a) | drops, scatters, spills or throws any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing; or | | (b) | causes or permits any noxious liquid, dirt, sand, earth, gravel, clay, loam, manure, refuse, sawdust, shavings, stone, straw or any other similar matter or thing to be dropped, scattered, spilled or thrown, |
| in any public place (whether from a moving or stationary vehicle or in any other manner) shall be guilty of an offence. |
| (2) The Director‑General may, by written notice, require any person carrying out any construction or earth works to provide or construct any device or facility that the Director‑General may think fit for the removal of dirt, earth, sand or other particles from any vehicle used in connection with the construction or earth works. |
(3) For the purposes of subsection (1) —| (a) | where the matter or thing is dropped, scattered, spilled or thrown from a vehicle, the driver or person having charge or control of the vehicle is deemed to have committed the offence, unless the offence is committed by a person other than the driver or person having charge or control of the vehicle and the identity of the person who committed the offence can be established; and | | (b) | where the driver of a motor vehicle is alleged or is suspected to be guilty of the offence under this section —| (i) | the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver of the motor vehicle and such other information as the police officer or authorised officer may require; and | | (ii) | any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give, and which may lead to the identification of the driver. [15/2014] |
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| (4) Any person who, without reasonable excuse, fails to comply with subsection (3)(b) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] |
| (5) A person is not excused from giving any information required of the person by subsection (3)(b) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014] |
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| Prohibition against dumping and disposing |
20.—(1) Any person who —| (a) | dumps or disposes, or causes or permits the dumping or disposal, of any refuse, waste or any other article from a vehicle in a public place; or [Act 5 of 2023 wef 01/07/2023] | | (b) | uses, or permits the use of, a vehicle for the purpose of dumping or disposing of any refuse, waste or any other article in a public place, [Act 5 of 2023 wef 01/07/2023] |
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(2) Where the driver or a passenger of a motor vehicle is alleged or suspected to be guilty of an offence under this section —| (a) | the owner of the motor vehicle must give any information that the owner may be required to give by a police officer or an authorised officer as to the identity and address of the person who, at or about the time of the alleged offence, was the driver or a passenger of the motor vehicle; and | | (b) | any other person who was or should have been in charge or in control of the motor vehicle at or about the time of the alleged offence must (if so required) give any information which it is in that person’s power to give and which may lead to the identification of the driver and passengers. [15/2014] |
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| (3) Any person who, without reasonable excuse, fails to comply with subsection (2) within 14 days after the date on which the information was required from the person shall be guilty of an offence. [15/2014] |
| (4) A person is not excused from giving any information required of the person by subsection (2) on the ground that the disclosure of the information might tend to incriminate the person. [15/2014] |
| (5) Any vehicle used in dumping or disposing of refuse, waste or any other article in any public place (other than a disposal facility established with a waste disposal licence granted by the Director-General under section 23(2) or a public disposal facility) may be seized by any police officer, or any authorised officer, and removed to and detained in any police station or Government depot or other place as may be approved by the Director‑General at the risk of the owner for the purposes of proceedings under this Act. [Act 5 of 2023 wef 01/07/2023] |
| (6) Where, upon an application by the Public Prosecutor, it is proved to the satisfaction of a court that a vehicle seized under subsection (5) has been used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1), the court is to make an order for the forfeiture of the vehicle, even though no person may have been convicted of that offence. |
| (7) An order for the forfeiture of a vehicle under subsection (6) may be made by the court before which the prosecution with regard to an offence under subsection (1) has been or will be held. |
(8) If there is no prosecution with regard to an offence under subsection (1) —| (a) | the vehicle seized under subsection (5) is to be forfeited at the expiry of 3 months from the date of the seizure unless a claim thereto is made before that date; and | | (b) | any person asserting that the person is the owner of the vehicle may personally, or by the person’s agent authorised in writing, give written notice to the Director‑General that the person claims the vehicle. |
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| (9) Upon receipt of a notice under subsection (8), the Director‑General may direct that the vehicle be released or may refer the matter by information to a Magistrate. |
(10) The Magistrate is to, on receipt of any information under subsection (9), hold an inquiry and proceed to determine the matter and is to —| (a) | on proof that the vehicle was used in the commission of an offence of dumping or disposing of refuse, waste or any other article in any public place under subsection (1) — order the vehicle to be forfeited; or | | (b) | in the absence of such proof — order the vehicle to be released. |
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| (11) No person is, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred under subsection (5), entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause. |
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21.—(1) Any person who commits an offence under section 17, 18, 19 or 20 may be arrested without warrant by any police officer or authorised officer, and taken before a Magistrate’s Court or a District Court (as the case may be), and shall be liable on conviction —| (a) | in the case of an offence under section 20(1), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $100,000 and to imprisonment for a term of not less than one month and not more than 12 months; | | (b) | in the case of an offence under section 17(1)(h), to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and | | (c) | in the case of any other offence, to a fine not exceeding —| (i) | in the case of a first conviction, $2,000; | | (ii) | in the case of a second conviction, $4,000; and | | (iii) | in the case of a third or subsequent conviction, $10,000. [15/2014] |
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| (2) Despite subsection (1) or any other written law, any police officer or authorised officer who, having effected an arrest in accordance with this section, is satisfied as to the identity, name and place of residence of the person arrested, may, instead of taking that person before a Court or to a police station, serve upon that person a notice in such form as may be prescribed under section 108 requiring the person to attend at the Court described at the hour and on the date specified in the notice. |
| (3) For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or authorised officer may require the person to provide any evidence of identity that he or she may consider necessary. |
| (4) A duplicate of the notice mentioned in subsection (2) must be prepared by the police officer or authorised officer (as the case may be) and produced by him or her to a Court, if so required by the Court. |
| (5) On an accused person appearing before a Court pursuant to such a notice, the Court is to take cognizance of the offence alleged and is to proceed as though the accused were produced before it under subsection (1). |
| (6) If a person upon whom a notice under subsection (2) has been served fails to appear before a Court in accordance therewith, the Court is to thereupon issue a warrant for the arrest of that person. |
| (7) Upon a person arrested pursuant to a warrant of arrest issued under subsection (6) being produced before a Court, the Court is to proceed as though the person were produced before it under subsection (1). [Act 31 of 2022 wef 01/11/2022] |
| (8) Upon the conviction of any person under subsection (1), the Director‑General may, in the manner provided in section 89, recover from the person the costs and expenses incurred by the Director‑General in cleaning the public place except that where an offence was committed by any person in the course of his or her employment, the Director‑General may recover the costs and expenses in the manner provided in section 89 from the employer of the person. |
| (9) This section applies, with the necessary modifications, to any person who contravenes any regulations made under this Act in respect of public cleansing. |
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21A.—(1) Where a person who is 16 years of age or above is convicted of an offence under section 17 or 19, and if the Court by or before which the person is convicted is satisfied that it is expedient with a view to his or her reformation and the protection of the environment and environmental public health that he or she should be required to perform unpaid work in relation to the cleaning of any premises, the Court is to, in lieu of or in addition to any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work order requiring the person to perform that work under the supervision of a supervision officer and in accordance with the provisions of this section and section 21B.| (2) The number of hours which a person may be required to work under a corrective work order must be specified in the order and must not in the aggregate exceed 12 hours. |
| (3) Despite section 307(1) of the Criminal Procedure Code 2010, where a Court makes corrective work orders in respect of 2 or more offences of which the offender has been convicted by or before the Court, the Court may direct that the hours of work specified in any of those orders must be concurrent with or additional to the hours specified in any other of those orders, but so that the total number of hours which are not concurrent do not exceed the maximum specified in subsection (2). [15/2010] |
| (4) In making a corrective work order, the Court is to consider the physical and mental condition of the offender and his or her suitability for carrying out the requirements of that order. |
(5) Before making a corrective work order, the Court is to explain to the offender in ordinary language —| (a) | the purpose and effect of the order and in particular the requirements of the order as specified in section 21B or any regulations made under that section; | | (b) | the consequences which may follow under section 21C if the offender fails to comply with any of those requirements; and | | (c) | that the Court has under section 21D the power to review the order on the application of the offender or the Director‑General. |
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| (6) The Minister may, by order in the Gazette, amend subsection (2) by varying the maximum number of hours for the time being specified in that subsection. |
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| Obligations of person subject to corrective work order |
21B.—(1) An offender in respect of whom a corrective work order is in force must —| (a) | report to the supervision officer and subsequently from time to time notify him or her of any change of address; and | | (b) | perform for the number of hours specified in the order such work at such places and times and in such manner as the offender may be instructed by the supervision officer. |
| (2) The work required to be performed under a corrective work order must be performed during the period of 12 months beginning with the date of the order; but unless revoked, the order remains in force until the offender has worked under it for the number of hours specified in the order. |
| (3) A supervision officer must not require an offender to work under one or more corrective work orders for a continuous period exceeding 3 hours in a day. |
| (4) The Agency may, with the approval of the Minister, make regulations, not inconsistent with the provisions of this section, to make further provisions for the manner in which a corrective work order may be carried out including the imposition of additional requirements and the service of any instructions or notice on a person in respect of whom that order has been made. |
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| Breach of corrective work order |
21C.—(1) If, at any time while a corrective work order is in force in respect of an offender, it appears to the Court on the application of the Director‑General that the offender has failed to comply with any of the requirements of section 21B or any regulations made under that section (including any failure to perform satisfactorily the work which the offender has been instructed to do), the Court may —| (a) | issue a summons requiring the offender to appear before the Court at the place and time specified in the summons; or | | (b) | issue a warrant for the arrest of the offender. |
| (2) If it is proved to the satisfaction of the Court that the offender has, without reasonable excuse, failed to comply with any of the requirements of section 21B or any regulations made under that section, the Court may, without prejudice to the continuance of the corrective work order, order the offender to pay a fine not exceeding $5,000 or may commit the offender to imprisonment for a term not exceeding 2 months. |
| (3) A fine or term of imprisonment imposed under this section is deemed to be a fine imposed or a sentence of imprisonment passed on conviction. |
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| Variation and revocation of corrective work order |
21D.—(1) Where a corrective work order is in force in respect of any offender and, on the application of the offender or the Director‑General, it appears to the Court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the Court may in relation to the order —| (a) | reduce the number of hours of work which has been specified in the order under section 21A(2); or | | (b) | extend the period of 12 months mentioned in section 21B(2). |
| (2) Where such an order is in force and on any such application it appears to the Court that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the Court may revoke the order or revoke it and deal with the offender as if the offender had just been convicted of that offence in any manner in which the offender could have been dealt with for that offence by the Court which made the order had the order not been made. |
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| Interpretation of sections 21 to 21D |
21E. In sections 21, 21A, 21B, 21C and 21D —| “corrective work order” means a corrective work order made by a Court under section 21A; |
| “Court” means a Magistrate’s Court or a District Court; |
| “offender” means a person who is 16 years of age or above who is convicted of an offence under section 17 or 19; |
| “supervision officer” means an authorised officer or any other person as the Agency may, with the approval of the Minister, by notification in the Gazette, specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order. |
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