Singapore legislation

Section 12

of Energy Conservation Act 2012

Section 12

Restriction on supply of regulated goods

Amended by24/201724/201724/201724/201724/201724/201724/2017

(1)

Subject to this section, a person must not make a prohibited supply of regulated goods in Singapore.

Amended by24/2017

(2)

Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.

Amended by24/2017

(3)

For the purposes of subsection (1), a prohibited supply of regulated goods is a supply of regulated goods where —

(a)

the goods do not comply, on or after the effective date for those goods, with any one or more of the requirements mentioned in subsection (4) which is prescribed as being applicable to those regulated goods and not waived under section 31B(1); and

(b)

the supply is made by the person to another person —

(i)

in the course or furtherance of the firstmentioned person’s trade or business; or

(ii)

in furtherance of the second‑mentioned person’s trade or business.

Amended by24/2017

(4)

The following are the requirements for the purpose of subsection (3):

(a)

the goods must be registered;

(b)

the goods must conform to either or both of the following:

(i)

the minimum energy efficiency standard prescribed for the goods;

(ii)

any other requirement prescribed for the goods affecting or relating to the energy efficiency standard;

(c)

the goods must be labelled with the information prescribed for the goods, in the manner prescribed or allowed by the Director‑General in any particular case;

(d)

the goods must be accompanied by the information prescribed for the goods relating to energy efficiency, in the manner prescribed or allowed by the Director‑General in any particular case;

(e)

information prescribed for the goods relating to energy efficiency must be disseminated in the manner prescribed or allowed by the Director‑General in any particular case.

Amended by24/2017

(5)

Without affecting section 77, subsection (1) does not apply to a supply of regulated goods in any of the following circumstances:

(a)

the goods are supplied as part of any premises by the developer of the premises, if —

(i)

the developer did not import or manufacture the goods; and

(ii)

the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods to the developer was entered into;

(b)

the goods are supplied by a participant in the supply chain for the supply of the goods by the developer mentioned in paragraph (a), if the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into.

Amended by24/2017

(6)

Without affecting subsection (5) or section 77, subsection (1) does not apply to a supply of regulated goods prescribed for the purposes of this subsection if —

(a)

the supply is by a participant in the supply chain for the supply of such regulated goods to a person (other than a person acting in the capacity of a developer) who is intending to construct or is constructing, or is causing to be constructed, any premises;

(b)

the goods are to be used in the premises;

(c)

the premises are to be occupied by the person;

(d)

the person did not import or manufacture the goods; and

(e)

the goods comply with the requirements under subsection (4) applicable to the goods at the time the agreement for the supply of the goods was entered into.

Amended by24/2017

(7)

In this section, “developer” means a person who carries on the business of constructing or causing to be constructed any premises for sale or lease.

Amended by24/2017
Section 12 — Energy Conservation Act 2012 | laws.sg