23. New section 54A

In the AMA, after section 54, insert —“Power to issue written directions54A.—

If a person (called in this section A) who sells, or offers or exposes for sale, to any consumer any personal mobility device, PAB or mobility vehicle, fails to comply with section 31(1) or (1A), the Authority may do either or both of the following:

issue a written direction to A requiring A, within the period specified in the written direction —

to comply with section 31(1) or (1A); or

to stop the sale of the personal mobility device, PAB or mobility vehicle and (if the sale is through an online marketplace), remove or cause to be removed the offer for sale of the personal mobility device, PAB or mobility vehicle from the online marketplace;

if the sale of the personal mobility device, PAB or mobility vehicle is through an online marketplace and A is not the operator of the online marketplace — issue a written direction to the operator requiring the operator to provide any information on A to the Authority within the period specified in the written direction, if the Authority reasonably believes that the operator has that information.

If a person (called in this section B) who sells, or offers or exposes for sale, to any consumer any mobility device battery, fails to comply with section 31A(1) or (2), the Authority may do either or both of the following:

issue a written direction to B requiring B, within the period specified in the written direction —

to comply with section 31A(1) or (2); or

to stop the sale of the mobility device battery and (if the sale of the mobility device battery is through an online marketplace), remove or cause to be removed the offer for sale of the mobility device battery from the online marketplace;

if the sale of the mobility device battery is through an online marketplace and B is not the operator of the online marketplace — issue a written direction to the operator requiring the operator to provide any information on B to the Authority within the period specified in the written direction, if the Authority reasonably believes that the operator has that information.

If a person (called in this section C) publishes, or authorises or causes to be published, an advertisement or a false or misleading representation in contravention of section 32(1), 32A(1) or 35AA(1), the Authority may do either or both of the following:

issue a written direction to C requiring C, within the period specified in the written direction, to do any or all of the following:

stop any further publication of the advertisement or false or misleading representation;

remove or cause to be removed the publication of the advertisement or false or misleading representation;

publish, or authorise or cause the publication of, a corrective advertisement or representation in any manner and containing any information as may be specified by the Authority;

if the advertisement or representation is published on the Internet — take such measures as may be reasonable and necessary in the circumstances to disable access by end‑users in Singapore to the advertisement or false or misleading representation;

if the advertisement or false or misleading representation is published on an online marketplace and C is not the operator of the online marketplace — issue a written direction to the operator requiring the operator to provide any information on C to the Authority within the period specified in the written direction, if the Authority reasonably believes that the operator has that information.

If a person (called in this section D) —

contravenes section 33(1) by selling a personal mobility device, PAB or mobility vehicle in the circumstances mentioned in that provision;

contravenes section 33A(1) by selling a PAB or registrable personal mobility device that is an unsafe device;

contravenes section 34(1) by selling an offending vehicle in the circumstances mentioned in that provision; or

contravenes section 34B(1) by selling a mobility device battery in the circumstances mentioned in that provision,the Authority may do either or both of the following:

issue a written direction to D requiring D, within the period specified in the written direction, to stop the sale of the item mentioned in paragraph (a), (b), (c) or (d) and (if the sale of the item is through an online marketplace) remove or cause to be removed the offer for sale of the item from the online marketplace;

if the sale of the item mentioned in paragraph (a), (b), (c) or (d) is through an online marketplace and D is not the operator of the online marketplace — issue a written direction to the operator requiring the operator to provide any information on D to the Authority within the period specified in the written direction, if the Authority reasonably believes that the operator has that information.

The person to whom a written direction under subsection (1), (2), (3) or (4) is given must bear the costs and expenses arising from the taking of any measure that is required of the person under the direction.

Before giving any written direction under subsection (1), (2), (3) or (4), the Authority must, unless the Authority considers that it is not practicable or desirable to do so, give written notice to the person to whom the Authority proposes to issue the direction —

stating that the Authority proposes to issue the direction and setting out its effect; and

specifying the time within which representations or objections to the proposed direction may be made.

In addition to subsection (6), before giving any written direction under subsection (3)(a), the Authority must have regard, and give any weight that the Authority considers appropriate, to all of the following matters:

whether the advertisement or false or misleading representation mentioned in subsection (3) is accessible by end‑users in Singapore;

the volume of viewers accessing the advertisement or false or misleading representation mentioned in subsection (3);

the technical feasibility of complying with the written direction.

A person who fails to comply with any requirement specified in a written direction issued under subsection (1)(a), (2)(a), (3)(a) or (4)(e) shall be guilty of an offence and shall be liable on conviction —

where the person is an individual, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction; or

in any other case, to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

A person who fails to comply with any requirement specified in a written direction issued under subsection (1)(b), (2)(b), (3)(b) or (4)(f) shall be guilty of an offence and shall be liable on conviction —

where the person is an individual to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or

in any other case, to a fine not exceeding $10,000.

The provision of information by the operator of an online marketplace to the Authority in compliance with a written direction given by the Authority under subsection (1)(b), (2)(b), (3)(b) or (4)(f) is not a breach of —

any obligation of confidentiality; or

any prohibition or restriction in respect of the disclosure of the information,that is imposed under any written law, rule of law or contract.

In this section, “offending vehicle” has the meaning given by section 34(10)(b).”.