Singapore legislation
Clause 65
Clause 65
Warranty as defence
(1)
Subject to the following provisions of this section, in any proceedings for an offence under this Act in respect of a contravention of a provision to which this section applies, it shall be a defence for the accused to prove —
that he purchased the substance or article to which the contravention relates in Singapore as being a substance or article which could be lawfully sold or supplied or could be lawfully sold or supplied under the name or description or for the purpose under or for which he sold or supplied and with a written warranty to that effect;
that at the time of the commission of the alleged offence he had no reason to believe that it was otherwise; and
that the substance or article was then in the same state as when he purchased it.
(2)
This section applies to the provisions of paragraph (b) of section 31, sections 32, 33 and 44 to 47 and the provisions of any regulations made under any of those sections.
(3)
A warranty shall not be a defence by virtue of this section unless the defendant has, not later than seven clear days before the date of the hearing, sent to the prosecution a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and has also sent a like notice to that person.
(4)
Where the accused is a servant of the person who purchased the substance or article under the warranty, he shall be entitled to rely on the provisions of this section in the same way as his employer would have been entitled to do if he had been charged with the offence.
(5)
The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence, and the court may, if it thinks fit, adjourn the hearing to enable him to do so.
(6)
For the purposes of this section a name or description entered in an invoice shall be deemed to be a written warranty that the article or substance to which the name or description applies can be sold or supplied under that name or description by any person without contravening any provision to which this section applies.