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Singapore legislation

Regulation 35

of Building and Construction Authority (Importers’ Licensing) Regulations 2011

Regulation 35

Offence of falsifying, etc., licences and permits

Subregulation 1

If a person, without reasonable excuse, damages or destroys a licence, an import permit or a storage permit, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Subregulation 2

Any person who —

(a)

uses a false licence, false import permit or false storage permit which he knows, or ought reasonably to have known, to be a false licence, false import permit or false storage permit, as the case may be; or

(b)

uses a copy of a document which he knows, or ought reasonably to have known, to be a copy of a false licence, false import permit or false storage permit,with the intention of dishonestly inducing another person to accept it as genuine, and by reason of the other person so accepting it as genuine, dishonestly —

(i)

obtains a gain (whether for himself or someone else);

(ii)

causes a loss to the other person or someone else; or

(iii)

influences the exercise of a public duty,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Subregulation 3

If a person —

(a)

alters a licence, an import permit or a storage permit so as to make it false in any respect (whether or not it was already a false document before the alteration or is false in some other respect apart from that alteration); or

(b)

makes a copy of a document which he knows, or ought reasonably to know, to be a false licence, false import permit or false storage permit,with the intention of dishonestly inducing another person to accept it as genuine, and by reason of the other person so accepting it as genuine, dishonestly —

(i)

obtains a gain (whether for himself or someone else);

(ii)

causes a loss to the other person or someone else; or

(iii)

influences the exercise of a public duty,the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Subregulation 4

A reference in this regulation to a false licence, a false import permit or a false storage permit shall be a reference —

(a)

to a document that is not a licence, an import permit or a storage permit but purports to be a licence, an import permit or a storage permit, as the case may be; or

(b)

to a document that is a licence, an import permit or a storage permit that has been altered by a person who is not authorised to alter that document, or that purports to have been altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered.

Subregulation 5

In this regulation, unless the context otherwise requires —

Definition

“gain” means —

(a)

a gain in property or a supply of services (whether temporary or permanent); or

(b)

an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration;

Definition

“loss” means —

(a)

a loss of property or a supply of services (whether temporary or permanent); or

(b)

any deprivation of an opportunity to earn remuneration or greater remuneration or an opportunity to gain a financial advantage otherwise than by way of remuneration;

Definition

“public duty” means a function that is given to —

(a)

a public officer;

(b)

an employee or a member of a public authority, board or tribunal established by or under written law for the purposes of a public function; or

(c)

a contractor who exercises a function or performs work for the Government or public authority referred to in paragraph (b),as such, and includes every person who is in actual possession of the situation of a person referred to paragraph (a), (b) or (c), whatever legal defect there may be in his right to hold that situation.