Clause 3

is accredited under the Singapore Accreditation Council’s Laboratory Accreditation Scheme that is administered by the Enterprise Singapore Board;

is recognised under a bilateral mutual recognition agreement or arrangement between Singapore and any other country; or

is recognised under a multilateral mutual recognition agreement or arrangement between Singapore and 2 or more other countries;“Appeal Advisory Board” means the Appeal Advisory Board appointed by the Minister under section 4M(1);“applicable standard”, in relation to a regulated shelter product, means the standard for that regulated shelter product that is specified in the specifications;“certificate of conformity”, in relation to a regulated shelter product of a type or description specified in the certificate, means a certificate issued by an accredited certification body as to its compliance with the applicable standard for that regulated shelter product;“compliant shelter product” means a regulated shelter product —

that is tested by an accredited laboratory for compliance with the applicable standard for that regulated shelter product;

that complies with the applicable standard for that regulated shelter product;

of a type or description for which a valid certificate of conformity is issued; and

that is not prescribed under section 4I(3) as a non‑compliant shelter product;“Enterprise Singapore Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018;“foreign person” means a person who is not a Singapore person;“non‑compliant shelter product” means a regulated shelter product that is not a compliant shelter product;“offer to supply”, in relation to a regulated shelter product, includes an attempt to supply or exposure for supply;“Singapore person” means a person who is —

a citizen of Singapore;

a body corporate or corporation incorporated or constituted under the law of Singapore; or

a person domiciled in Singapore;“supply”, in relation to a regulated shelter product, includes —

the supply of the regulated shelter product by way of sale (including by way of barter or exchange), lease, loan, hire or hire‑purchase;

causing or allowing the supply of the regulated shelter product;

the supply of the regulated shelter product in connection with any agreement; and

receiving, sending or delivering the regulated shelter product for supply;“valid certificate of conformity” means a certificate of conformity that —

is issued —

to a Singapore person; or

to a foreign person who has, at the time of the issue, appointed a local representative that is a Singapore person; and

is not expired, terminated or otherwise suspended or cancelled by an accredited certification body, under this Act or otherwise.False test reports for regulated shelter products4B.—

An accredited laboratory that issues a false test report in respect of a regulated shelter product of a particular type or description, knowing that the test report is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.

An accredited laboratory that issues a false test report in respect of a regulated shelter product of a particular type or description, reckless or negligent as to whether the test report is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

In this section, “false test report”, in relation to a regulated shelter product of a particular type or description (P), means a test report that —

states the result of a test conducted on P for compliance with the applicable standard for that regulated shelter product; and

is false or misleading in any material particular.Giving false information to accredited certification body4C.—

Any person who gives false information to an accredited certification body for the purposes of obtaining a certificate of conformity for a regulated shelter product of a particular type or description, knowing that the information is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.

Any person who gives false information to an accredited certification body for the purposes of obtaining a certificate of conformity for a regulated shelter product of a particular type or description, reckless or negligent as to whether the information is false, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.Certification of regulated shelter products4D.—

A person that is not an accredited certification body commits an offence if —

the person certifies, or holds out or advertises in any way that the person is willing to certify, that a regulated shelter product of a particular type or description complies with the applicable standard for that regulated shelter product; and

the person —

knows that it is not an accredited certification body; or

is reckless or negligent as to whether it is an accredited certification body.

An accredited certification body commits an offence if the accredited certification body issues a certificate of conformity for a regulated shelter product of a particular type or description (P) that does not comply with the applicable standard for that regulated shelter product if the accredited certification body —

knows that P does not so comply; or

is reckless or negligent as to whether P so complies.

An accredited certification body that issues a certificate of conformity for a regulated shelter product of a particular type or description (P) must cancel the certificate of conformity —

as soon as practicable after the accredited certification body knows or has reasonable cause to believe (whether by a test or an analysis conducted under section 4G(1) or otherwise) that P does not comply with the applicable standard for that regulated shelter product; or

where the specifications for the regulated shelter product require any post‑certification test to be conducted for the regulated shelter product within a specified period after the issue of the certificate of conformity — as soon as practicable after the accredited certification body knows or has reasonable cause to believe that the post‑certification test is not conducted within the specified period.

A person who is guilty of an offence under subsection (1)(b)(i) or (2)(a) —

shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and

in the case of a continuing contravention of subsection (1)(b)(i) —

shall be liable on conviction to an additional fine not exceeding $1,000 for every day or part of a day during which the contravention continues; and

if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

A person who is guilty of an offence under subsection (1)(b)(ii) or (2)(b) —

shall be liable on conviction to a fine not exceeding $50,000; and

in the case of a continuing contravention of subsection (1)(b)(ii) —

shall be liable on conviction to an additional fine not exceeding $1,000 for every day or part of a day during which the contravention continues; and

if the contravention continues after the conviction, shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

An accredited certification body that contravenes subsection (3)(a) or (b) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and

in the case of a continuing contravention of subsection (3)(a) or (b) (as the case may be), to an additional fine not exceeding $1,000 for every day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the accredited certification body shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.Supply of regulated shelter products4E.—

A person (whether or not in Singapore) who —

supplies or offers to supply to a person in Singapore any non‑compliant shelter product as a compliant shelter product or for use as a regulated shelter product; or

in the course of such supply or offer, represents that the non‑compliant shelter product is a compliant shelter product or is fit for use as a regulated shelter product,knowing that the non‑compliant shelter product is a non‑compliant shelter product, shall be guilty of an offence.

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; and

in the case of a continuing contravention, to an additional fine not exceeding $1,000 for every day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

A person (whether or not in Singapore) who —

supplies or offers to supply to a person in Singapore any non‑compliant shelter product as a compliant shelter product or for use as a regulated shelter product; or

in the course of such supply or offer, represents that the non‑compliant shelter product is a compliant shelter product or is fit for use as a regulated shelter product,reckless or negligent as to whether the non‑compliant shelter product is a non‑compliant shelter product, shall be guilty of an offence.

A person who is guilty of an offence under subsection (3) shall be liable on conviction —

to a fine not exceeding $50,000; and

in the case of a continuing contravention, to an additional fine not exceeding $1,000 for every day or part of a day during which the contravention continues,and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction.

Where an offence under subsection (1) or (3) is committed by a person outside Singapore, the person may be dealt with in respect of that offence as if it had been committed in Singapore.Installation of non‑compliant shelter products4F.—

A relevant person who installs, or causes to be installed, in any household shelter or storey shelter —

any non‑compliant shelter product, knowing that it is a non‑compliant shelter product; or

any regulated shelter product, knowing that the manner in which it is installed impairs or is likely to impair the safe and efficient use of the household shelter or storey shelter, as the case may be,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.

A relevant person who installs, or causes to be installed, in any household shelter or storey shelter any non‑compliant shelter product, reckless or negligent as to whether it is a non‑compliant shelter product, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

A relevant person who installs, or causes to be installed, in any household shelter or storey shelter any regulated shelter product in a manner that impairs or is likely to impair the safe and efficient use of the household shelter or storey shelter (as the case may be), reckless or negligent as to whether the manner in which the regulated shelter product is installed impairs or is likely to impair the safe and efficient use of the household shelter or storey shelter (as the case may be), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.

It is a defence to a prosecution for an offence under subsection (2) if the relevant person proves, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated shelter product so installed was a compliant shelter product at the time the regulated shelter product was delivered to the relevant person.

It is a defence to a prosecution for an offence under subsection (3) if the relevant person proves, on a balance of probabilities, that the relevant person had taken all reasonable steps to ensure that the regulated shelter product was installed in accordance with the specifications for the regulated shelter product.

Subsections (1)(a) and (2) do not apply if the regulated shelter product in question is a non‑compliant shelter product only by reason that the certificate of conformity for the regulated shelter product expires or is suspended or terminated after the regulated shelter product is delivered to the relevant person.

In this section —“builder” has the meaning given by section 2(1) of the Building Control Act 1989;“relevant person” —

in relation to a household shelter provided for a house, means the owner, occupier or builder of the house;

in relation to a household shelter provided for a flat in a building, means the owner or occupier of the flat or the builder of the building; or

in relation to a storey shelter provided for any storey of a building, means —

the owner or builder of the building; or

the occupier of any part of that storey of the building.Commissioner may require testing of regulated shelter product4G.—

The Commissioner may, by written notice to any of the following persons, require the person to submit a regulated shelter product of a particular type or description (P) or samples of P to an accredited laboratory for the purpose of testing or analysis within the time specified in the notice:

an accredited certification body that has issued a certificate of conformity for P;

a person carrying on a trade or business that consists of or includes the supply of P (called in this section the supplier);

a person to whom a certificate of conformity for P is issued (called in this section the certificate holder).

Where the accredited certification body, supplier or certificate holder does not have possession, charge or control of P as specified in the written notice, any person who has such possession, charge or control must render all necessary and reasonable assistance to enable the accredited certification body, supplier or certificate holder (as the case may be) to comply with the notice.

An accredited certification body, a supplier or a certificate holder who, without reasonable excuse, refuses or fails to comply with any requirement of the Commissioner under subsection (1) shall be guilty of an offence.

A person who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence.

A person who is guilty of an offence under subsection (3) or (4) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Commissioner may give directions relating to regulated shelter products4H.—

The Commissioner may, by written notice, give one or more of the directions mentioned in subsection (2) (as applicable) to any person with possession, charge or control of a regulated shelter product or who supplied a regulated shelter product, if the Commissioner has reasonable grounds to believe that —

the direction is necessary for public safety; and

the regulated shelter product —

is a non‑compliant shelter product; or

was installed in a manner that impairs or is likely to impair the safe and efficient use of any household shelter or storey shelter in which the regulated shelter product is installed.

The directions mentioned in subsection (1) are the following:

recall the non‑compliant shelter product;

cease supplying the non‑compliant shelter product;

remove the regulated shelter product from the household shelter or storey shelter in which the regulated shelter product is installed;

dispose of the non‑compliant shelter product recalled under paragraph (a) in any manner required by the Commissioner;

rectify any contravention of the specifications for the regulated shelter product in the installation of the regulated shelter product.

In relation to a direction mentioned in subsection (2)(a), (c), (d) or (e), the Commissioner —

may specify, in the direction, the manner in which the recall, removal, disposal or rectification (as the case may be) is to be conducted; and

must specify, in the direction, the period within which the recall, removal, disposal or rectification (as the case may be) is to be completed.

A person to whom a direction mentioned in subsection (2)(a), (c), (d) or (e) has been given must give written notice to the Commissioner of the completion of the recall, removal, disposal or rectification (as the case may be) as soon as practicable after that completion.

Subject to subsection (6), a person who, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and

to an additional fine not exceeding $1,000 for every day or part of a day during which the person refuses or fails to comply with the direction after the expiry of the period specified in the direction.

If the refusal or failure to comply in respect of which the person is convicted under subsection (5) continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a fine not exceeding $2,000 for every day or part of a day during which the refusal or failure to comply continues after conviction.

A person who is aggrieved by any direction of the Commissioner under subsection (1) may, within 14 days after being notified of the direction, appeal to the Minister.

A direction of the Commissioner under subsection (1) takes effect despite an appeal against that direction being made to the Minister.Commissioner may give directions in relation to certificates of conformity4I.—

The Commissioner may, by written notice to the accredited certification body that issued a certificate of conformity for a regulated shelter product of a particular type or description (P), direct the accredited certification body to cancel the certificate of conformity within the time specified in the notice, if —

the accredited certification body contravenes section 4D(2) or (3) in relation to that certificate of conformity; or

the person to whom the certificate of conformity is issued refuses or fails to comply with a requirement under section 4G(1) in respect of P or a sample of P.

The Commissioner may, by written notice to an accredited certification body, direct the accredited certification body not to issue any certificate of conformity to a person for the period specified in the notice if the Commissioner has reason to believe that the person has contravened section 4E(1) or (3).

The Minister may prescribe that a regulated shelter product of a specified class or description (Q) is a non‑compliant shelter product if the accredited certification body that issued the certificate of conformity in respect of Q refuses or fails to comply with a direction under subsection (1) or (2) in respect of that certificate.

The Commissioner must, before making the direction under subsection (1)(b), give the person to whom the certificate of conformity is issued —

written notice of the Commissioner’s intention to make the direction; and

an opportunity to submit reasons, within 14 days after the date the notice is given, as to why the direction should not be made.

The Commissioner must, before making the direction under subsection (1)(a) or (2), give the accredited certification body in respect of which the direction applies —

written notice of the Commissioner’s intention to make the direction; and

an opportunity to submit reasons, within 14 days after the date the notice is given, as to why the direction should not be made.

Despite subsections (4)(b) and (5)(b), the Commissioner may specify a time, being less than 14 days after the date the notice mentioned in subsection (4) or (5) (as the case may be) is given, if the Commissioner is of the opinion that it is in the public interest for the direction to be made as soon as possible.

The Commissioner may, at any time, cancel a direction given under subsection (1) or (2).

An accredited certification body that, without reasonable excuse, refuses or fails to comply with the Commissioner’s direction under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and

in the case of a continuing refusal or failure to comply, to an additional fine not exceeding $1,000 for every day or part of a day during which the refusal or failure continues.

A person who is aggrieved by any direction of the Commissioner under subsection (1) or (2) may, within 14 days after being notified of the direction, appeal to the Minister.

A direction of the Commissioner under subsection (1) or (2) takes effect despite an appeal against that direction being made to the Minister.Power to enter premises to carry out direction upon notice or under warrant4J.—

If a person to whom a direction under section 4H(1) is given refuses or fails, without reasonable excuse, to comply with the direction, the Commissioner may —

authorise any authorised person to carry out the direction; and

recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person.

An authorised person may enter any premises at any reasonable time to carry out the direction under section 4H(1) after giving at least 24 hours’ notice of the intention to do so to the owner or occupier of the premises.

Before entering the premises under subsection (2), an authorised person must produce, if so required —

the authorised person’s original identity card or any identification card that the Commissioner directs to be carried by the authorised person as proof of the authorised person’s identity; and

a duly authenticated document showing the authorised person’s authority.

A Magistrate may by warrant authorise an authorised person to enter any premises, with such force as may be necessary, if the Magistrate is satisfied, on sworn information in writing —

that the authorised person needs to enter into any premises to carry out a direction under section 4H(1); and

that —

entry into the premises has been refused, or such refusal is likely; or

the premises are unoccupied or the owner or occupier is temporarily absent.

The warrant continues in force until the purpose for which the entry is necessary has been satisfied.

If the owner or occupier is present when an authorised person seeks to execute the warrant, the authorised person must —

identify himself or herself to the owner or occupier;

produce to the owner or occupier the authorised person’s identity card or identification card and the duly authenticated document mentioned in subsection (3);

show the owner or occupier the warrant; and

if required, give the owner or occupier a copy of the warrant.

If the owner or occupier is not present when an authorised person seeks to execute the warrant, but some other person who appears to be in charge of the premises is present, then subsection (6) applies to that other person as if that other person were the owner or occupier.

An authorised person entering the premises under a warrant issued under subsection (4) may do all or any of the following:

break open any outer or inner door or window leading to the premises;

enter any part of the premises with such force as may be necessary;

remove by force any obstruction to the entry.

An authorised person entering the premises under subsection (2), or under a warrant issued under subsection (4), may do any of the following:

take with him or her such other persons as may be necessary;

remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for carrying out the direction under section 4H(1).

If the premises are unoccupied at the time of entry, the authorised person must leave the premises as effectually secured against trespassers as the authorised person found the premises.

Subject to subsection (10), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (9)(b).

In this section and section 4K, “premises” —

in relation to a household shelter, means the house or flat for which the household shelter is provided; or

in relation to a storey shelter, means the storey of the building for which the storey shelter is provided.Power to enter premises to carry out direction without notice or warrant4K.—

If —

a person to whom a direction under section 4H(1) is given refuses or fails to comply with the direction; and

the Commissioner has reasonable grounds to believe that a non‑compliant shelter product installed in a household shelter or storey shelter provided for any premises is posing an imminent danger affecting public safety,the Commissioner may —

authorise any authorised person to enter those premises without warrant to carry out the direction; and

recover the costs and expenses reasonably incurred in carrying out the direction as a debt due to the Government from that person.

If the owner or occupier of the premises is present when an authorised person seeks to enter the premises, the authorised person must produce to the owner or occupier the authorised person’s identity card or identification card and the duly authenticated document mentioned in section 4J(3).

If the owner or occupier is not present when entry under subsection (2) is sought, but some other person who appears to be in charge of the premises is present, then that subsection applies to that other person as if that other person were the owner or occupier.

An authorised person entering the premises under this section may do all or any of the following:

take with him or her such other persons as may be necessary;

break open any outer or inner door or window leading to the premises;

forcibly enter the premises and every part of the premises;

remove by force any obstruction to the entry;

remove or demolish any fixtures or fittings in the premises if the removal or demolition is necessary for carrying out the direction under section 4H(1).

If the premises are unoccupied at the time of entry, the authorised person must leave the premises as effectually secured against trespassers as the authorised person found the premises.

Subject to subsection (5), the Commissioner is not liable to compensate the owner or occupier for any loss (including reinstatement costs) incurred by the owner or occupier, or for any damage caused to the premises, as a result of anything done with reasonable care and in good faith under subsection (4)(e).Appeals to Minister4L.—

This section applies to every appeal to the Minister made under this Part.

An appeal to the Minister must be made in the manner prescribed.

The Minister may determine an appeal against a direction given by the Commissioner —

by confirming the direction in whole or varying it in part; or

by reversing the direction.

Before determining an appeal, the Minister may consult the Appeal Advisory Board.

In deciding an appeal, the Minister may have regard to any report made to the Minister by the Appeal Advisory Board.

The Minister’s decision on any appeal is final.

The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under this Part:

the Second Minister (if any) for his or her Ministry;

a Senior Minister of State or Minister of State for his or her Ministry;

a Senior Parliamentary Secretary or Parliamentary Secretary assisting the Minister under this Part;

any public officer in his or her Ministry not subordinate to the Commissioner whose direction is appealed against.

Any reference to the Minister in subsections (1) to (6) includes a reference to a person designated under subsection (7).Appeal Advisory Board4M.—

The Appeal Advisory Board consists of a Chairperson, a Vice‑Chairperson and such other members as the Minister may appoint.

The Chairperson, Vice‑Chairperson and members of the Appeal Advisory Board —

hold their office for such period as the Minister may determine, and may be re‑appointed;

may at any time be removed from office by the Minister; and

may at any time resign from their office by writing addressed to the Minister.”.