Singapore legislation

Clause 4

Repeal and re‑enactment of sections 11, 12 and 13 and new section 12A

Sections 11, 12 and 13 of the principal Act are repealed and the following Subdivision headings and sections substituted therefor:“Subdivision (2) — Restrictions on supplies of regulated goods through registration, energy labelling, minimum performance standards, etc.Regulated goods

11. The Minister may, after consulting the Agency, by order in the Gazette, prescribe any class, description or type of goods to be regulated goods for the purposes of this Part from the date specified in the order.Restriction on supply of regulated goods12.—

(1)

Subject to this section, a person must not make a prohibited supply of regulated goods in Singapore.(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.(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.(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.(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.(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.(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.Restriction on supply by importers and manufacturers12A.—

(1)

Without affecting section 12, an importer or a manufacturer must not, in the course of any trade or business, supply any regulated goods in Singapore on or after the effective date for those goods, unless the importer or manufacturer is a registered supplier of those goods.(2) Any importer or manufacturer that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.Subdivision (3) — Registration of suppliers and goodsRegistration of suppliers and regulated goods13.—

(1)

Any importer or manufacturer that intends to supply any regulated goods in Singapore may apply to the Director‑General —

(a)

to be registered as a registered supplier; and

(b)

where the importer or manufacturer intends to supply any regulated goods that are required to be registered under section 12, to register those goods.(2) The Director‑General may register, subject to such conditions as the Director‑General thinks fit to impose, or refuse to register —

(a)

any applicant as a registered supplier; or

(b)

any regulated goods that the applicant intends to supply in Singapore as registered goods.(3) The registration of any registered supplier or any registered goods is not transferable without the approval in writing of the Director‑General.”.

Read in full context — Energy Conservation (Amendment) Bill →