Clause 4

by deleting subsection (1) and substituting the following subsections:“(1) Subject to subsection (1A) or (2), a person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement —

containing any express or implied inducement, suggestion or request to purchase or to use any tobacco product or imitation tobacco product;

providing a facility for a person accessing the advertisement on the Internet to purchase any tobacco product or imitation tobacco product;

relating to any tobacco product or imitation tobacco product or its use in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of the tobacco product or imitation tobacco product; or

mentioning, illustrating or depicting —

the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product or imitation tobacco product;

a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product; or

any pictorial device commonly associated with a brand name of, or trade mark relating to, any tobacco product or imitation tobacco product.(1A) Subsection (1) does not apply to an advertisement comprising only a price list that is of a prescribed description and is published in prescribed circumstances.(1B) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both, unless paragraph (b) applies; or

if the person has any previous qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(1C) In subsection (1B), “qualifying conviction” means —

a conviction for an offence under subsection (1B); or

a conviction for an offence under section 3(1) as in force immediately before the date of commencement of section 4 of the Tobacco (Control of Advertisements and Sale) (Amendment) Act 2016.(1D) In any proceedings against a person for contravening subsection (1), it is not necessary for the prosecution to prove that the person knew or had reason to believe that the advertisement published is of a type described in that subsection.”;

by inserting, immediately after the words “tobacco product” wherever they appear in subsections (2) and (3), the words “or imitation tobacco product”;

by inserting, immediately after subsection (5), the following subsection:“(6) In this section, an advertisement that is published electronically is published in Singapore, if —

the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or

all of the following apply in respect of the advertisement:

the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined;

the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication; (iii)the advertisement is accessible by persons physically present in Singapore.”; and

by inserting, immediately after the words “tobacco products” in the section heading, the words “and imitation tobacco products”.