Singapore legislation
Clause 2
of Tobacco (Control of Advertisements and Sale) (Amendment) Bill
Clause 2
Amendment of section 2
Section 2 of the Tobacco (Control of Advertisements and Sale) Act (called in this Act the principal Act) is amended —
by inserting, immediately before the definition of “advertisement”, the following definition:“ “access” includes —
access that is subject to a precondition (such as, but not limited to, the use of a password);
access by way of push technology; or
access by way of a standing request;”;
by deleting the definition of “advertisement relating to any tobacco product”;
by inserting, immediately after the definition of “Authority”, the following definition:“ “chewing tobacco” means loose‑leaf tobacco, plug tobacco, twist tobacco or tobacco bits intended for chewing;”;
by inserting, immediately after the definition of “cigarette”, the following definition:“ “conveyance” includes any vessel, train, aircraft, vehicle, trailer or other mode of transport;”;
by inserting, immediately after the words “section 16(1)” in the definition of “imitation tobacco product”, the words “or (2)”;
by inserting, immediately after the definition of “imitation tobacco product”, the following definition:“ “licence” means an import and wholesale licence referred to in section 18(1) or (2), or a retail licence referred to in section 18(3);”;
by deleting the definitions of “premises” and “publish” and substituting the following definitions:“ “point of sale” means an immobile cash register or counter at which a sale by retail may be made, and does not include a conveyance or vending machine;“premises” includes any or part of any vacant land, building, conveyance or place in Singapore;“publish”, in relation to an advertisement, includes to distribute, show, exhibit, display or broadcast by any form of communication or in any manner;“retail outlet” means any shop, kiosk or stall in Singapore at which goods are sold or exposed for sale by retail;“sell” includes —
to barter or exchange; or
to supply in circumstances in which the supplier derives a direct benefit, pecuniary or otherwise;“Singapore‑connected person” means —
a citizen or a permanent resident of Singapore;
an individual in Singapore;
a company or other body corporate incorporated in, or having its central management and control in, Singapore; or
an unincorporated body established in Singapore,and includes any person or persons constituting or responsible for the management of a person in paragraph (c) or (d);”;
by deleting the words “, with its grammatical variations,” in the definition of “smoking”;
by inserting, immediately after the definition of “tobacco substitute”, the following definition:“ “unauthorised advertisement” means any advertisement described in section 3(1)(a), (b), (c) or (d), but not —
a price list referred to in section 3(1A);
an advertisement the publication of which is approved under section 3(2); or
an advertisement published, or caused to be published, by a person exempted under section 22 from section 3(1);”; and
by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) For the purposes of this Act, a sale that is transacted online is regarded as a sale in Singapore if, and only if, the purchaser is physically present in Singapore and the purchased product is intended to be delivered in Singapore.”.