Singapore legislation
Clause 5
Clause 5
New Part 4A
The principal Act is amended by inserting, immediately after section 23, the following Part:“PART 4ADISPOSABLE CARRIER BAG CHARGEDivision 1 — InterpretationInterpretation of this Part23A. In this Part, unless the context otherwise requires —“annual turnover”, in relation to a regulated retailer, means the gross revenue received by the regulated retailer in respect of the regulated retailer’s trade or business in Singapore in a year, whether in relation to the supply of goods or otherwise, determined in the prescribed manner;“customer” means any person who purchases or intends to purchase any goods from a regulated retailer;“disposable carrier bag” means packaging (within the meaning of section 19(1)) in the form of a bag with handles (other than a reusable bag) that is provided by a retailer in relation to goods purchased from the retailer by a customer —
to pack the goods for the customer or enable the customer to put the goods into the bag; and
by which the goods may be carried or otherwise transported after the point of sale (whether or not the bag is in fact so used by the customer);“prescribed amount” means $0.05 or another amount prescribed in substitution;“prescribed annual turnover”, in relation to a class of regulated retailers, means the prescribed annual turnover for that class of regulated retailers;“registered retailer” means a regulated retailer who is registered under section 23C(3);“regulated retailer” means a retailer who belongs to a class of retailers prescribed as regulated retailers for the purposes of this Part;“reportable year”, in relation to a person, means any year at any time during which the person is a registered retailer;“retailer” means a person who carries on a trade or business of supplying goods by retail;“reusable bag” means any bag with handles that —
is made primarily of any fabric woven with natural, semi‑synthetic or synthetic fibres that is washable;
is made primarily of plastic or other material made of semi‑synthetic or synthetic polymers, of a prescribed minimum thickness or density;
has the ability to hold a prescribed minimum weight; or
is prescribed, according to the material, intended function, properties or dimensions of the bag, as a reusable bag.Division 2 — Registration of retailersObligation to apply for registration23B.—
A regulated retailer (X) who has an annual turnover for any trigger year that exceeds the prescribed annual turnover for the class of regulated retailers to which X belongs must, unless X is already a registered retailer for that class of regulated retailers, apply to the Agency before the applicable date in section 23C(1)(a) for that trigger year to be registered as a registered retailer for that class of regulated retailers.(2) A regulated retailer who contravenes subsection (1) 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 3 months or to both.(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(4) The offence under subsection (2) is a strict liability offence.(5) In this section and section 23C, a trigger year is —
2021 or a subsequent year; or
in the case of a regulated retailer who has been deregistered pursuant to an application under section 23D — any year from (and including) the year in which the regulated retailer is deregistered.Applications for registration23C.—
An application for registration under section 23B must —
be made before —
where the trigger year (T) is 2021 — the prescribed date; and
where year T is 2022 or a subsequent year —30 June of year T + 1;
identify the regulated retailer in question;
contain any information prescribed for assessing applications made under this section, and any other information required by the Agency to assess the particular application; and
be in the form and manner required by the Agency.(2) The Agency may refuse to accept any application that is incomplete or not made in accordance with subsection (1).(3) Where the Agency grants an application for registration, the registration of the regulated retailer concerned begins on —
where year T is 2021 — the prescribed date; and
where year T is 2022 or a subsequent year — 1 January of year T + 2,and continues until deregistration pursuant to an application under section 23D.Entitlement to apply to deregister as registered retailer23D.—
A registered retailer may apply to the Agency to be deregistered in respect of a class of regulated retailers for which the registered retailer is registered if —
the registered retailer ceases to be a regulated retailer of that class; or
the annual turnover of the registered retailer for each of 3 consecutive years does not exceed the prescribed annual turnover for that class.(2) A registered retailer must give the Agency written notice of the date of the cessation mentioned in subsection (1)(a), at least 30 days before that date.Applications for deregistration23E.—
An application for deregistration under section 23D must —
identify the registered retailer in question;
contain any information prescribed for assessing applications made under this section, and any other information required by the Agency to assess the particular application; and
be in the form and manner required by the Agency.(2) The Agency may refuse to accept any application that is incomplete or not made in accordance with subsection (1).Division 3 — Charge for disposable carrier bagsRegistered retailer must impose and collect charge for disposable carrier bags23F.—
Subject to subsection (2), a registered retailer must impose and collect a charge of an amount no less than the prescribed amount for each disposable carrier bag that the registered retailer provides to a customer who purchases any goods from the registered retailer.(2) Subsection (1) does not apply in relation to —
a prescribed class, type or description of disposable carrier bags;
a disposable carrier bag that is provided to a prescribed person or class of persons;
a disposable carrier bag that is provided in prescribed circumstances; or
a prescribed registered retailer.(3) A registered retailer who contravenes subsection (1) 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 3 months or to both.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.Preventing circumvention of charge23G.—
A registered retailer must not provide any reimbursement for a charge mentioned in section 23F(1), whether in money or in kind.(2) A registered retailer who contravenes subsection (1) 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 3 months or to both.(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(4) The offence under subsection (2) is a strict liability offence.Communication and recording of charge23H.—
A registered retailer must —
inform the registered retailer’s customers of the charge imposed for the provision of each disposable carrier bag, in the manner prescribed; and
where a receipt is given to a customer, set out the charge mentioned in paragraph (a) as a separate item in the receipt.(2) A registered retailer who contravenes subsection (1) 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 3 months or to both.(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(4) The offence under subsection (2) is a strict liability offence.Division 4 — MiscellaneousSubmission of prescribed information23I.—
A person who is or was a registered retailer must submit to the Agency, in relation to any reportable year, a report containing the following information:
the number of disposable carrier bags provided to customers in the reportable year in respect of which the person is required under section 23F(1) to impose and collect a charge as a registered retailer;
any other prescribed information relevant to monitoring the person’s compliance with this Part.(2) A requirement to submit the report under subsection (1) is a requirement to do so in accordance with any requirements prescribed under section 52 for the report, including its preparation and submission.(3) The Agency may, in respect of any incomplete or inaccurate report submitted by a person, in writing direct the person to do the following within the time period specified in the direction (or any longer time that the Agency may allow in any particular case):
rectify or re‑compute any matter in the report as the Agency may require;
resubmit the report to the Agency,and the person must comply with the direction.(4) A person who contravenes subsection (1) or fails to comply with a direction under subsection (3) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.(5) In a prosecution for an offence under subsection (4), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(6) The offence under subsection (4) is a strict liability offence.Keeping of records23J.—
A person required to submit a report under section 23I(1) must keep and maintain complete and accurate records of the following:
the total amount of charge collected (including any amount collected in excess of the prescribed amount) by the person under section 23F for the provision of disposable carrier bags;
prescribed information relating to how and where the amount mentioned in paragraph (a) has been applied;
any information or document relevant to the report.(2) The person mentioned in subsection (1) must —
retain the records mentioned in subsection (1) for at least the prescribed period;
during the prescribed period mentioned in paragraph (a), make those records available for inspection by any authorised officer, when so requested by the authorised officer; and
submit to the Agency those records in the time specified by the Agency.(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.Publication of information23K.—
A person who is or was a registered retailer must —
in accordance with this section, publish the information mentioned in sections 23I(1)(a) and 23J(1)(a) and (b) in relation to each reportable year of the person; and
cause the information mentioned in paragraph (a) to be audited before publication.(2) The information mentioned in subsection (1) must be published —
by 31 December of the year following the reportable year; and
by at least one of the following means and for the period specified for such means:
made available for public access on a website operated by the person or a company in the same group as the person, for a continuous period of at least 12 months;
printed and prominently displayed, for each of the person’s premises at which the charge mentioned in section 23F(1) must be imposed (if applicable), at a location at which the person posts or permits the posting of notices or that is at or near an entrance or exit of the premises, for a continuous period of at least 12 months;
any other prescribed means and for the prescribed period.(3) A person who contravenes subsection (1) 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 3 months or to both.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.(6) In this section, “group” has the meaning given by the accounting standards made or formulated by the Accounting Standards Committee under Part 3 of the Accounting Standards Act 2007 and applicable to companies and foreign companies (within the meaning of the Companies Act 1967) in respect of their operations in Singapore for the purposes of the Companies Act 1967.Direction to rectify incomplete or inaccurate information23L.—
The Agency may, in respect of any incomplete or inaccurate information published by a person under section 23K(1), in writing direct the person to do the following within the time period specified in the direction (or any longer time that the Agency may allow in any particular case):
rectify or re‑compute any information as the Agency may require;
republish the information in accordance with section 23K(2)(b),and the person must comply with the direction.(2) A person who fails to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable —
on the first conviction to a fine not exceeding $5,000; and
on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(4) The offence under subsection (2) is a strict liability offence.”.