Singapore legislation
Clause 10
Clause 10
Amendments to Control of Plants Act
The Control of Plants Act (Cap. 57A, 2000 Ed.) is amended —
by deleting the definition of “Authority” in section 2 and substituting the following definition:“ “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Ed.) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act (Cap. 198A);”;
by deleting the definition of “Director‑General” in section 2 and substituting the following definition:“ “Director-General” means the Director‑General, Plant Health appointed under section 3(1);”;
by deleting subsections (1) and (2) of section 3 and substituting the following subsections:“(1) The Board is responsible for the administration of this Act and any rules made thereunder, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Plant Health.(2) The Director‑General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any rules made thereunder:
an employee of the Board;
an employee of another statutory authority;
a public officer;
an auxiliary police officer appointed under the Police Force Act (Cap. 235).”;
by deleting subsection (4) of section 3 and substituting the following subsections:“(4) The Director-General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any rules made thereunder (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any rules made thereunder to the Director‑General includes a reference to such an authorised officer.(5) Any delegation under subsection (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify.(6) The Director-General may, for any reason that appears to him to be sufficient, at any time revoke a person’s appointment as an authorised officer.(7) A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board.”;
by deleting the word “Authority” wherever it appears in the following provisions and substituting in each case the word “Board”:Sections 6, 15(2) (definition of “Director‑General”), 20(2), 21(4), 42(1), (3) and (4) and 47(3);
by inserting, immediately after subsection (1) of section 7, the following subsections:“(1A) In deciding whether to grant a licence for the import of any fresh fruit or vegetable, the Director‑General may make inquiries and investigations that are reasonable and appropriate in the circumstances so as to be satisfied as to the experience and resources of the applicant in providing a secure and reliable supply in Singapore of the fresh fruit or vegetable, as the case may be.(1B) Without limiting subsection (1A), those inquiries and investigations may include whether the applicant for a licence to import any fresh fruit or vegetable has a procurement plan stating —
the risks (including assessments of such risks) of any disruption occurring to the import of the fresh fruit or vegetable from the markets from which the fresh fruit or vegetable is to be procured; and
any plan of action (including preventive strategies) for the purpose of —
ensuring, so far as is reasonably practicable, that the applicant can still provide a secure and reliable supply in Singapore of the fresh fruit or vegetable of acceptable quality; or
otherwise reducing or mitigating the effect of any disruption to the supply of the fresh fruit or vegetable from any such market from which the fresh fruit or vegetable is to be procured.”;
by inserting, immediately after subsection (2) of section 31, the following subsection:“(2A) Without limiting subsection (2), the Director‑General may grant a licence under section 7 or 10 subject to such conditions as the Director‑General thinks fit, including but not limited to the conditions necessary or related to ensuring a secure and reliable supply in Singapore of any fresh fruits or vegetables.”;
by deleting the word “or” at the end of section 37(1)(d);
by deleting the full‑stop at the end of paragraph (e) of section 37(1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(f)by written order require any person in Singapore whom the authorised officer has reason to believe to be acquainted with any fact or circumstance relevant to that purpose to attend before the authorised officer to answer any question (to the best of that person’s knowledge, information and belief) and to furnish any document or information.”;
by inserting, immediately after subsection (1) of section 37, the following subsections:“(1A) The person mentioned in subsection (1)(f) is bound to state truly the facts and circumstances with which the person is acquainted concerning the case except only that the person may decline to make, with regard to any fact or circumstance, a statement which would have a tendency to expose the person to a criminal charge or to penalty or forfeiture.(1B) A statement made by any person examined under subsection (1)(f) must —
be reduced to writing;
be read over to the person;
if the person does not understand English, be interpreted in a language that the person understands; and
after correction (if necessary), be signed by the person.(1C) If any person fails to attend before an authorised officer as required by an order under subsection (1)(f), the Director‑General or authorised officer may report the failure to a Magistrate who may issue a warrant to secure the attendance of that person as required by the order.”;
by inserting, immediately after subsection (5) of section 37, the following subsection:“(6) A person —
who intentionally alters, suppresses or destroys any document or information which the person has been required by or under subsection (1) to furnish;
who, in furnishing any document or information required by or under subsection (1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular; or
who intentionally fails to comply with a lawful demand of an authorised officer in the discharge of the duties by such an officer under this Act,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 12 months or to both.”; (l)by repealing section 46 and substituting the following section:“Fees, etc., payable to Board
46. All fees, charges and moneys collected under this Act or any rules made thereunder (except composition sums) must be paid to the Board.”;
by inserting, immediately after subsection (3) of section 47, the following subsection:“(4) All composition sums collected under this section must be paid into the Consolidated Fund.”; and
by inserting, immediately after the words “stored or used” in section 49(2)(v), the words “, including prescribing the records that must be kept by a licensed grower or other licensee and the provision of returns and other information by licensed growers or other licensees to the Director‑General with respect to fresh fruits or vegetables which are the subject of the activity authorised by the licence”.