Clause 3

Subject to section 3B, a person must not smoke in a specified place or specified vehicle.(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.Specified places, specified vehicles and no‑smoking zones3A.—

The Agency may, with the approval of the Minister, prescribe any of the following as a specified place:

any publicly accessible place;

any of the following that is not a publicly accessible place: (i)any place owned, managed or occupied by the Government or a statutory body;

any common property of any residential premises or building;

any place used, or intended to be used, for a commercial or an industrial purpose, or for mixed purposes the predominant purpose of which is either a commercial or an industrial purpose, or any common property of such a place; (iv)any recreational facility; (c)any ship, boat, air‑cushioned vehicle or other similar craft used in navigation by water, however propelled or moved, for the carriage of passengers.(2) The Agency may, with the approval of the Minister, prescribe an area in Singapore as a no‑smoking zone.(3) Every publicly accessible place —

within an area prescribed under subsection (2) as a no‑smoking zone; and

not prescribed as a specified place under subsection (1), is a specified place from the date the area is prescribed as a no‑smoking zone.(4) The Agency may, with the approval of the Minister, prescribe any particular public service vehicle or any class of public service vehicles as a specified vehicle or specified vehicles. Exceptions to smoking prohibition3B.—

A person is permitted to smoke in a specified place only —

when within a smoking facility in the specified place; or

in such other circumstances, or under such conditions, as may be prescribed.(2) A person is permitted to smoke in a specified vehicle only in such circumstances, or under such conditions, as may be prescribed.Requirements for smoking facilities 3C.—

The Agency may, with the approval of the Minister, prescribe the specified places in which a smoking facility may be located and the requirements for a smoking facility in such specified places.(2) For the purposes of subsection (1), different requirements may be prescribed —

in relation to different specified places;

in relation to different classes of specified places; or

in relation to specified places within and outside a no‑smoking zone.(3) Where a specified place is prescribed as a specified place in which a smoking facility may be located, the manager of the specified place, or the Director‑General (in accordance with subsection (4)), may designate an area or a room in the specified place as a smoking facility.(4) Before designating a smoking facility in a specified place, the Director‑General must —

give written notice to the manager of the specified place of the Director‑General’s intention to designate a smoking facility in the specified place and when the designation is to take effect; and

give the manager of the specified place an opportunity to submit reasons, within the period specified in the notice, why the Director‑General should not designate a smoking facility in the specified place.(5) The manager of a specified place must ensure that every smoking facility within the specified place complies with the requirements prescribed for a smoking facility in such a specified place.(6) A manager of a specified place who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction; and

in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.(7) In proceedings for an offence under subsection (6), it is a defence for the manager of the specified place to prove that —

it was not reasonably practicable to do more than what was in fact done to comply with subsection (5); or

there was no better practicable means than was in fact used to comply with subsection (5).Appeal to Minister3D.—

The manager of a specified place who is aggrieved by any designation by the Director‑General under section 3C(3) may appeal to the Minister against the designation.(2) Every appeal under this section must —

be in writing;

specify the grounds on which it is made; and (c)be made within a prescribed period after the date of receipt of the written notice mentioned in section 3C(4).(3) The Minister may reject the appeal of an appellant who fails to comply with subsection (2).(4) After considering an appeal under this section, the Minister may —

reject the appeal and confirm the Director‑General’s designation; or

allow the appeal.(5) The Minister’s decision on appeal is final.(6) Every appellant must be notified of the Minister’s decision under subsection (4).(7) A designation by the Director‑General that is appealed against does not take effect until the appeal is determined or earlier withdrawn.(8) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under subsection (1):

the Second Minister, if any, for his Ministry;

any Minister of State, or Senior Minister of State, for his Ministry;

any Parliamentary Secretary, or Senior Parliamentary Secretary, for his Ministry;

any public officer in his Ministry not subordinate to the Director‑General whose designation is appealed against.(9) Any reference to the Minister in subsections (1) to (7) includes a reference to a person designated under subsection (8).”.