Singapore legislation
Clause 6
Clause 6
New sections 9A and 9B
The principal Act is amended by inserting, immediately after section 9, the following sections:“Approval to transport within Singapore prescribed scheduled chemicals9A.—
Subject to subsections (7) and (8), a person must not transport within Singapore for a permitted purpose a prescribed scheduled chemical exceeding a prescribed quantity except —
with the prior approval of the Director‑General; and
in accordance with such conditions as may be prescribed.(2) Unless waived by the Director-General in any particular case, an application for the grant or renewal of an approval mentioned in subsection (1)(a) must —
be in the manner or form as the Director‑General may require;
be accompanied by the prescribed fee; and
contain all information and documents prescribed and any other information that the Director‑General may require to assess the particular application.(3) The Director-General may —
grant or renew an approval mentioned in subsection (1)(a) for such period as the Director‑General may specify; and
in respect of the grant or renewal of the approval, impose such conditions as the Director‑General considers necessary that are not inconsistent with the provisions of this Act and any prescribed condition in subsection (1)(b).(4) An approval mentioned in subsection (1)(a) may only be granted or renewed —
in the case of a prescribed scheduled chemical that is also a Schedule 1 chemical, to a person who is granted a licence under section 9(1);
in the case of a prescribed scheduled chemical that is also a Schedule 2 chemical, to a person who is granted —
a licence under section 9(2)(a); or
a licence to import or export the Schedule 2 chemical under section 9(4); or
in the case of a prescribed scheduled chemical that is also a Schedule 3 chemical, to a person who is granted —
a licence under section 9(2)(b); or
a licence to import or export the Schedule 3 chemical under section 9(4).(5) If —
a person transports within Singapore for a permitted purpose a prescribed scheduled chemical;
the prescribed scheduled chemical so transported exceeds a prescribed quantity for that chemical in subsection (1);
the person knows or ought reasonably to have known that the matter or thing so transported is a prescribed scheduled chemical and the quantity of the matter or thing transported; and
the person knows or ought reasonably to have known that —
there is no approval mentioned in subsection (1)(a) for that transport; or
the transport is not in accordance with any prescribed condition in subsection (1)(b),the person shall be guilty of an offence.(6) Any person who is guilty of an offence under subsection (5) shall be liable on conviction —
where the offence involves a prescribed Schedule 1 chemical, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both; or
in any other case, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.(7) Subsections (1) and (5) do not apply —
if the requirement for an approval mentioned in subsection (1)(a) is waived under subsection (8); or
to the extent a prescribed condition in subsection (1)(b) is waived under subsection (8).(8) The Director-General may waive —
the requirement for an approval mentioned in subsection (1)(a) for a prescribed scheduled chemical —
if the person —
is granted a licence under section 9(1), (2) or (4);
is recognised as a designated laboratory by the Organisation for the Prohibition of Chemical Weapons established under the Convention (called in this Act the Organisation under the Convention); and
transports the prescribed scheduled chemical to fulfil an obligation required by the Organisation under the Convention;
if the person —
is granted a licence under section 9(1), (2) or (4);
has applied to be recognised or to renew its recognition as a designated laboratory by the Organisation under the Convention; and
transports the prescribed scheduled chemical as part of any proficiency testing required by the Organisation under the Convention in respect of such an application; or
in any other particular case as the Director‑General thinks fit; or
in any particular case, all or any of the prescribed conditions in subsection (1)(b).(9) Any person who is aggrieved by the refusal of the Director‑General to grant or renew an approval to the person, may appeal in writing against the refusal to the Minister within 30 days after being notified of the refusal, and the Minister’s decision is final.Cancellation or suspension of approval9B.—
The Director-General may cancel an approval mentioned in section 9A(1)(a), if the person to whom the approval is granted or renewed —
made or caused or allowed to be made, or produced, in or in connection with any application for the grant or renewal of the approval, any false or fraudulent declaration or representation;
has, in the opinion of the Director‑General, contravened any condition of the approval;
has been convicted of an offence under this Act after the approval was granted or renewed;
has its licence granted under section 9(1), (2) or (4) (as the case may be) cancelled;
in the case of a corporation or firm, is wound up or goes into liquidation or is otherwise dissolved, as the case may be; or
applies to have the approval cancelled.(2) The Director-General may suspend the approval for such period as the Director‑General thinks fit —
if, instead of cancelling the approval under subsection (1)(a) to (d), the Director‑General considers it desirable to do so; or
if the person has its licence granted under section 9(1), (2) or (4) (as the case may be) suspended.(3) Any person who is aggrieved by the cancellation of an approval under subsection (1)(a) to (e) or suspension of an approval under subsection (2), may appeal in writing against the cancellation or suspension to the Minister within 30 days after being notified of the cancellation or suspension, and the Minister’s decision is final.”.