Singapore legislation

Clause 6

of Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Bill

Clause 6

New section 14

In the TCASA, after section 13, insert —“Prohibition of import, sale, possession, etc., of tobacco products containing prescribed substances14.—

(1)

Subject to subsection (3), a person must not import into Singapore any prescribed tobacco product or class of tobacco products, being a tobacco product or class of tobacco products that contains, or the emissions of which contain —

(a)

any substance that is prescribed; or

(b)

any substance in excess of the maximum amount that is prescribed for that substance.(2) Subject to subsection (3), a person must not —

(a)

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, any tobacco product mentioned in subsection (1);

(b)

offer to do any act mentioned in paragraph (a); or

(c)

possess in Singapore any tobacco product mentioned in subsection (1) for the purpose of doing any act mentioned in paragraph (a).(3) Subsections (1) and (2) do not apply to any of the following acts by a person:

(a)

the import of any tobacco product mentioned in subsection (1) into Singapore solely for the purpose of taking the tobacco product out of Singapore, whether the tobacco product is taken out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance;

(b)

the transport of any tobacco product mentioned in subsection (1) within Singapore pending the tobacco product being taken out of Singapore;

(c)

the possession of any tobacco product mentioned in subsection (1) in Singapore pending the tobacco product being taken out of Singapore.(4) To avoid doubt, subsections (1) and (2) apply to —

(a)

an individual who does any act mentioned in subsection (3) for or on behalf of another individual; or

(b)

an individual in relation to any tobacco product mentioned in subsection (1) that the individual imports into Singapore for his or her personal use.(5) For the purposes of subsection (1)(a), the Minister may prescribe different substances in relation to different tobacco products or classes of tobacco products.(6) For the purposes of subsection (1)(b), the Minister may prescribe different maximum amounts for different substances in relation to different tobacco products or classes of tobacco products.(7) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)

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

(b)

if the person has a prior qualifying conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(8) In subsection (7), “qualifying conviction” means —

(a)

a conviction for an offence under subsection (7); or

(b)

a conviction for an offence under section 15(6) in respect of a contravention of section 15(2) as in force immediately before the date of commencement of section 6 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026.”.