Clause 20

A person must not import into Singapore any tobacco product, unless the person holds a valid import and wholesale licence.(2) A person must not do any of the following in Singapore except by the authority of and in accordance with a valid import and wholesale licence:

distribute by wholesale any tobacco product;

sell or offer for sale by wholesale any tobacco product;

permit to be sold or offered for sale by wholesale any tobacco product;

have in the person’s possession for sale by wholesale any tobacco product.(3) A person must not do any of the following in Singapore except by the authority of and in accordance with a valid retail licence:

distribute by retail any tobacco product;

sell or offer for sale by retail any tobacco product;

permit to be sold or offered for sale by retail any tobacco product;

have in the person’s possession for sale by retail any tobacco product.(4) In particular —

an import and wholesale licence may authorise the doing of any act in subsection (2) only at premises specified in the licence; and

a retail licence may authorise the doing of any action in subsection (3) only at a single point of sale within a retail outlet specified in the licence.(5) A person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $5,000, unless paragraph (b) applies; or

if the person has any previous qualifying conviction, to a fine not exceeding $10,000.(6) In subsection (5), “qualifying conviction” means —

a conviction for an offence under subsection (5); or

a conviction for an offence under section 18(4) as in force immediately before the date of commencement of section 20 of the Tobacco (Control of Advertisements and Sale) (Amendment) Act 2016.(7) An application for a licence must be made to the Authority in writing in such form as the Authority may require.(8) Subject to subsection (9), the Authority may grant a licence on any terms and conditions, if the Authority is satisfied that the prescribed requirements for the grant of a licence are met.(9) No licence may be granted for the sale by wholesale or retail of any tobacco product by way of a vending machine.(10) Any person who is aggrieved by a decision of the Authority refusing to grant or renew a licence to the person, or revoking, suspending or cancelling the person’s licence, may appeal to the Minister —

within 14 days after receiving notice of the decision; or

within such extended period as the Minister may allow in any particular case.(11) To avoid doubt, nothing in subsection (1), (2) or (3) authorises any person to import, distribute, sell or offer for sale, permit to be sold or offered for sale, or have in the person’s possession for sale, any tobacco product that is prohibited under section 15.”.