Singapore legislation

Section 3C

of Smoking (Prohibition in Certain Places) Act 1992

Section 3C

Requirements for smoking facilities

Amended by39/201839/201839/201839/201839/201839/201839/2018

(1)

The Agency may, with the approval of the Minister, prescribe the specified places in which a smoking facility may be located and the requirements for a smoking facility in those specified places.

Amended by39/2018

(2)

For the purposes of subsection (1), different requirements may be prescribed —

(a)

in relation to different specified places;

(b)

in relation to different classes of specified places; or

(c)

in relation to specified places within and outside a no‑smoking zone.

Amended by39/2018

(3)

Where a specified place is prescribed as a specified place in which a smoking facility may be located, the manager of the specified place, or the Director‑General (in accordance with subsection (4)), may designate an area or a room in the specified place as a smoking facility.

Amended by39/2018

(4)

Before designating a smoking facility in a specified place, the Director‑General must —

(a)

give written notice to the manager of the specified place of the Director‑General’s intention to designate a smoking facility in the specified place and when the designation is to take effect; and

(b)

give the manager of the specified place an opportunity to submit reasons, within the period specified in the notice, why the Director‑General should not designate a smoking facility in the specified place.

Amended by39/2018

(5)

The manager of a specified place must ensure that every smoking facility within the specified place complies with the requirements prescribed for a smoking facility in such a specified place.

Amended by39/2018

(6)

A manager of a specified place who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and

(b)

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, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

Amended by39/2018

(7)

In proceedings for an offence under subsection (6), it is a defence for the manager of the specified place to prove that —

(a)

it was not reasonably practicable to do more than what was in fact done to comply with subsection (5); or

(b)

there was no better practicable means than what was in fact used to comply with subsection (5).

Amended by39/2018
Section 3C — Smoking (Prohibition in Certain Places) Act 1992