Singapore legislation

Section 46

of Arms and Explosives Act 1913

Section 46

Power to make rules

Amended by5/20075/2007

(1)

The Minister may make rules for any of the following purposes:

(a)

to regulate the possession of guns or arms;

(b)

to regulate the importation and transport of guns or arms;

(c)

to regulate the exportation of guns, arms or naval or military stores;

(d)

to regulate the manufacture and dealing in guns or arms, and the purchase of arms;

(e)

to regulate the landing and transhipping of guns or arms;

(f)

to provide for the marking of guns or arms for the possession of which a licence is issued;

(g)

to regulate or prohibit, except under or in accordance with the conditions of a licence, the manufacture, possession, use, sale, purchase, storage, transport, importation and exportation of explosives or any specified class of explosives;

(ga)to regulate or prohibit, except under or in accordance with the conditions of a licence, the manufacture, dealing in, use, storage, transportation, importation, exportation, possession and purchase of explosive precursors;

(h)

to regulate or prohibit except under and in accordance with the conditions of a licence, the manufacture, possession, use, sale, purchase, storage, transport, importation and exportation of poisonous or noxious gases or noxious substances or any specified class of poisonous or noxious gases or noxious substances;

(i)

to regulate the tests to which various classes or any particular class of explosive may or must be subjected before permission is granted to land the same in Singapore;

(j)

to regulate the duties of the Port Master under this Act or of the Licensing Officer or of any other officer vested with powers under this Act;

(k)

to declare what duties may be carried out by subordinate police officers under the direction and control of the Licensing Officer, and to regulate the conduct of such duties;

(l)

to regulate the manner in which applications for licences are made, and the matters to be specified in them;

(m)

to regulate the form in which, and the conditions on and subject to which, licences are issued, the matters to be specified in licences, and the issue of licences generally;

(n)

to regulate the period for which licences are to remain in force;

(o)

to fix the fees to be charged for any licence issuable under this Act and the other sums (if any) to be paid for expenses by applicants for licences;

(p)

to fix the fees to be paid for the use of Government magazines or any portion thereof;

(q)

to direct by whom and in what manner fees payable under this Act are to be collected and accounted for;

(r)

to authorise any officer, either by name or office —

(i)

to enter, inspect and examine any place, carriage, vessel or aircraft in which an explosive or explosive precursor is being manufactured, possessed, stored or kept, used, dealt in, transported, imported or exported under a licence issued under this Act, or in which the officer has reason to believe that an explosive or explosive precursor has been or is being manufactured, possessed, stored or kept, used, dealt in, transported, imported or exported in contravention of this Act;

(ii)

to search for explosives or explosive precursors therein;

(iii)

to take samples of any explosive or explosive precursor found therein, on payment of their value;

(iv)

to seize, detain, remove and (if necessary) destroy any explosive or explosive precursor found therein; and

(v)

to arrest without warrant and to search any person whom the officer reasonably believes to have committed an offence under any rules made under this Act;

(s)

to regulate the disposition, destruction or sale of all articles forfeited under this Act;

(t)

to regulate the possession and use of arms by schools and clubs for sporting activities and to exempt any school or club from the requirement for a licence under this Act, subject to such conditions as may be prescribed; and

(u)

generally to give effect to the provisions of this Act.

Amended by5/2007

(2)

The Minister may, in making any rules —

(a)

provide that a contravention of any specified provision thereof shall be an offence; and

(b)

provide for penalties not exceeding a fine of $100,000 or imprisonment for a term not exceeding 2 years or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $10,000 for every day or part of a day during which the offence continues.

Amended by5/2007

(3)

Such rules must not affect the dealing with explosives within any dockyard, arsenal, fort, military cantonment or other place for keeping ordnance or naval or military or air force stores occupied, used, controlled or managed by the Government or the government of any other country for defence purposes in Singapore.

(4)

All rules made under this section must be published in the Gazette and presented to Parliament as soon as possible after publication.

Section 46 — Arms and Explosives Act 1913 | laws.sg