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Land Transport and Related Matters (No. 2) Bill · cl 7

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cl 7Amendment of section 29

In the AMA, in section 29 —

(a)

renumber the section as subsection (1) of that section;

(b)

in subsection (1), replace the definition of “advertisement” with —“ “advertisement” means —

(a)

any writing;

(b)

any still or moving picture, sign, symbol or other visual image;

(c)

any audible message; or

(d)

any combination of 2 or more of those things mentioned in paragraphs (a), (b) and (c),that gives publicity to, or otherwise promotes or is intended to promote the purchase or use of any vehicle, personal mobility device or thing, or a range of those vehicles, personal mobility devices or things;”;

(c)

in subsection (1), replace the definitions of “non‑compliant mobility vehicle advertisement”, “non‑compliant PMD advertisement” and “unregistered registrable mobility vehicle advertisement” with —“ “compatible mobility device battery” means —

(a)

in relation to a personal mobility device —

(i)

a mobility device battery fitted in and tested together with the personal mobility device (or another personal mobility device of the same brand and model) to meet the safety standards prescribed for personal mobility devices; or

(ii)

another mobility device battery of the same brand and model as that mentioned in sub‑paragraph (i),which meets the prescribed criteria (if any);

(b)

in relation to a PAB —

(i)

a mobility device battery that was fitted in and tested together with the PAB (or another PAB of the same brand and model) to meet the safety standards prescribed for PABs; or

(ii)

another mobility device battery of the same brand and model as that mentioned in sub‑paragraph (i),which meets the prescribed criteria (if any); and

(c)

in relation to a mobility vehicle —

(i)

the mobility device battery that was installed in the mobility vehicle by its manufacturer;

(ii)

any mobility device battery that is endorsed by the manufacturer as being suitable for use with the mobility vehicle; or

(iii)

another mobility device battery of the same brand and model as that mentioned in sub‑paragraph (i) or (ii),which meets the prescribed criteria (if any);“consumer” means an individual who buys or intends to buy a thing, otherwise than exclusively in the course of business;“mobility device battery” means a prescribed type of battery that is used to power a personal mobility device, PAB or mobility vehicle;“non‑compliant alteration services advertisement” means an advertisement that gives publicity to, or otherwise promotes or is intended to promote, the supply or use of services to alter a personal mobility device, PAB, bicycle or mobility vehicle to render it non‑compliant or an unsafe device;“online marketplace” means any social media platform, Internet application, website or web service that allows a person to sell, or offer or expose for sale, any of the following to customers by electronic means:

(a)

any personal mobility device, PAB, bicycle or mobility vehicle;

(b)

any component intended for assembly with any vehicle mentioned in paragraph (a);

(c)

any mobility device battery;“premises or place” means any premises or place in Singapore;“publish” means to make available to the public or a section of the public, in whatever form and by whatever means, and “publication” is to be construed accordingly;“Singapore‑connected person” means —

(a)

a citizen or permanent resident of Singapore;

(b)

an individual in Singapore;

(c)

a company or other body corporate incorporated in, or having a commercial or physical presence in, Singapore; or

(d)

an unincorporated body established in Singapore,and includes any person or persons constituting or responsible for the management of a person mentioned in paragraph (c) or (d).”; and

(d)

after subsection (1), insert —“(2) In this Part —

(a)

a person sells, or offers or exposes for sale, an item if —

(i)

the person sells, or offers or exposes for sale, the item at any premises or place; or

(ii)

the person sells, or offers or exposes for sale, the item via an online marketplace;

(b)

a person sells, or offers or exposes for sale, an item via an online marketplace if —

(i)

the sale, or offer or exposure for sale, on the online marketplace originates in Singapore, even if (in the case of an offer for sale) none of the persons capable of accepting the offer is physically present in Singapore; or

(ii)

all of the following apply in respect of the sale, or offer or exposure for sale:

(A)

the sale, or offer or exposure for sale, on the online marketplace did not originate in Singapore, or the origin of the sale, or offer or exposure for sale cannot be determined;

(B)

the sale, or offer or exposure for sale, on the online marketplace is made or caused to be made by a Singapore‑connected person;

(C)

the sale is made in Singapore or the offer or exposure for sale on the online marketplace may be accessed and accepted by persons physically present in Singapore;

(c)

without limiting the definition of “publish” in subsection (1) —

(i)

any advertisement or representation is taken to be published electronically by an end‑user of an electronic service if the end‑user —

(A)

causes the advertisement or representation to be accessible to;

(B)

forwards the advertisement or representation to; or

(C)

shares the advertisement or representation with,any other end‑user or end‑users of the electronic service, on or by the electronic service; and

(ii)

any advertisement or representation that was published before and by electronic means so as to be accessible from the Internet, is taken to be published again on each day that any subsequent step is taken on that day to amplify the access to the advertisement or representation from the Internet by any person;

(d)

an advertisement or a representation that is published electronically is treated as published in Singapore if —

(i)

the advertisement or representation originates in Singapore, even if none of the persons capable of having access to the advertisement or representation is physically present in Singapore; or

(ii)

all of the following apply in respect of the advertisement or representation:

(A)

the advertisement or representation did not originate in Singapore, or the origin of the advertisement or representation cannot be determined;

(B)

the advertisement or representation is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication;

(C)

the advertisement or representation is accessible by persons physically present in Singapore; and

(e)

the ways in which a person may publish an advertisement or representation in Singapore include, but are not limited to —

(i)

printing the advertisement or representation in a physical document (including a leaflet, ticket or brochure) and making the document available, or distributing the document, to the public or a section of the public in Singapore; and

(ii)

displaying, screening or playing the advertisement or representation in a film or video at any premises or place so that it can be seen or heard by the public or a section of the public in Singapore.”.