Singapore legislation

Section 26

of Public Order Act 2009

Section 26

Prohibited items

Amended by23/201716/201516/201516/201516/2015

(1)

This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant must not take into or possess in the special event area a prohibited item.

Amended by23/2017

(2)

A person must not take a prohibited item into a special event area, unless the person has the express permission of a police officer to do so.

Amended by16/2015

(3)

A person must not —

(a)

without lawful excuse, possess a prohibited item in a special event area; or

(b)

use a prohibited item in a way that causes —

(i)

the prohibited item or any part of it;

(ii)

something contained in or on the prohibited item; or

(iii)

something produced by the prohibited item,to enter the special event area.

Amended by16/2015

(4)

In proceedings for an offence under subsection (5) for failing to comply with subsection (3) —

(a)

it is not necessary for the prosecution to prove that an accused knew or had reason to believe that an area is a special event area; but(b)it is a defence to a charge for failing to comply with subsection (3)(b) for the accused to prove, on a balance of probabilities, that —

(i)

the accused did not intentionally cause the prohibited item or part of it, or something contained in or on, or produced by, the prohibited item, to enter the special event area, and the entry was not due to any want of reasonable care on the part of the accused; or

(ii)

the accused had in force a prohibited item permit from the Commissioner and had, in accordance with that permit, used a prohibited item in a way that caused it, something contained in it or on it or something produced by it, to enter the special event area.

Amended by16/2015

(5)

Any person who fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Amended by16/2015

(6)

It shall not be an offence under this section if the person disposes of the prohibited item before entering the special event area.