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 —

(a)

by inserting, immediately before the definition of “advertisement”, the following definition:“ “access” includes —

(a)

access that is subject to a precondition (such as, but not limited to, the use of a password);

(b)

access by way of push technology; or

(c)

access by way of a standing request;”;

(b)

by deleting the definition of “advertisement relating to any tobacco product”;

(c)

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;”;

(d)

by inserting, immediately after the definition of “cigarette”, the following definition:“ “conveyance” includes any vessel, train, aircraft, vehicle, trailer or other mode of transport;”;

(e)

by inserting, immediately after the words “section 16(1)” in the definition of “imitation tobacco product”, the words “or (2)”;

(f)

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);”;

(g)

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 —

(a)

to barter or exchange; or

(b)

to supply in circumstances in which the supplier derives a direct benefit, pecuniary or otherwise;“Singapore‑connected person” means —

(a)

a citizen or a permanent resident of Singapore;

(b)

an individual in Singapore;

(c)

a company or other body corporate incorporated in, or having its central management and control in, Singapore; or

(d)

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);”;

(h)

by deleting the words “, with its grammatical variations,” in the definition of “smoking”;

(i)

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)

a price list referred to in section 3(1A);

(b)

an advertisement the publication of which is approved under section 3(2); or

(c)

an advertisement published, or caused to be published, by a person exempted under section 22 from section 3(1);”; and

(j)

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.”.

Clause 2 — Tobacco (Control of Advertisements and Sale) (Amendment) Bill