In forceAmended2020 Revised Edition

Contents

Environmental Public Health Act 1987 · 2020 Revised Edition · Part 7A · Aerosol-Generating Systems

66C. Monitoring powers for purposes of this Part

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Amended

Last amended by an amending law of 2020.

(1)

The Director-General or an authorised officer appointed under section 3(2) may, by written notice —

(a)

inspect any aerosol-generating system for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and

(b)

take and retain samples of any materials (whether solid, liquid, gaseous or vapour) found in or on the aerosol‑generating system for analysis.

(2)

The Director-General or an authorised officer appointed under section 3(2) may also, by written notice, require the owner or occupier of any premises in or on which any aerosol‑generating system is installed to provide, within a reasonable period, and in the form and manner specified in the notice, all documents and information which —

(a)

relate to any matter which the Director‑General or authorised officer considers necessary for the purposes of administering or enforcing this Part or ascertaining whether this Part has been complied with; and

(b)

are —

(i)

within the knowledge of the owner or occupier; or

(ii)

in the custody or under the control of the owner or occupier.

(3)

The power to require an owner or occupier to provide any document or information under subsection (2) includes the power —

(a)

to require the owner or occupier to provide an explanation of the document or information;

(b)

if the information is recorded otherwise than in legible form, to require the information to be made available in legible form to the Director‑General or an authorised officer appointed under section 3(2); and

(c)

if the document or information is not provided, to require the owner or occupier to state, to the best of the knowledge and belief of the owner or occupier, where it is and how it may be obtained.

(4)

The Director-General or an authorised officer appointed under section 3(2) is entitled without payment to make and retain copies of any document or information provided to the Director‑General or authorised officer under subsection (2).

(5)

Any person that, without reasonable excuse, fails to do anything required of the person by a notice under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.

(6)

For the purposes of subsection (5), it is a reasonable excuse for a person to refuse or fail to provide any document or information which the person is required by a notice under subsection (2) to provide if doing so might tend to incriminate that person.

Terms defined in this Act

aerosol-generating system
Defined · s 2
“aerosol-generating system” means any device or system that is capable of producing a suspension of fine liquid droplets in air or other type of gas;
Open s 2
authorised officer
Defined · s 2
“authorised officer” means any person appointed by the Director‑General under sections 3(2) and 4(2) to be an authorised officer;
Open s 2
Director-General
Defined · s 2
“Director-General” means the Director-General of Public Health appointed under section 3(1);
Open s 2
occupier
Defined · s 2
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on that person’s own account or as agent of another person; and, in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part;
Open s 2
premises
Defined · s 2
“premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for any other purpose whatsoever;
Open s 2
provide
Defined · s 78
“provide”, in relation to water suitable for drinking, means to convey, distribute, produce, supply, offer to provide or otherwise make available, in the course of business and whether or not carried on for profit, the water —(a)to the public, or a section of the public, at a public place, any common area of any residential premises, or any other place, premises or area; and(b)by using any reticulation system, storage tank, container, hose, water fitting, generator, tanker, truck or any other system, facility, equipment or vehicle,but does not include —(c)any sale of water suitable for drinking that is regulated under the Sale of Food Act 1973;(d)any supply to a vessel of water suitable for drinking that is regulated under the Maritime and Port Authority of Singapore Act 1996;(e)any provision to a Singapore ship of water suitable for drinking that is regulated under the Merchant Shipping Act 1995;(f)any provision of water suitable for drinking solely to the Public Utilities Board; and(g)any other provision of water prescribed by the Minister charged with the responsibility for food safety by order in the Gazette, as not being the provision of water suitable for drinking;
Open s 78