Smoking (Control of Advertisements and Sale of Tobacco) Bill

This Act may be cited as the Smoking (Control of Advertisements and Sale of Tobacco) Act 1993 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

“advertisement” includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announcement, notification or intimation to the public or any section thereof or to any person or persons made —

“advertisement relating to smoking” means any advertisement referred to in section 3(1) which has not been approved under section 3(2);

“authorised officer” means any officer or person appointed under section 18;

“Director” means the Director of Medical Services and includes a Deputy or an Assistant Director of Medical Services;

“imitation tobacco product” means any of the products referred to in section 15(1);

“newspaper” includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals;

“publish”, with its grammatical variations, in relation to an advertisement, includes issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever;

“smoking”, with its grammatical variations, means inhaling and expelling the smoke of any tobacco product and includes the holding of any tobacco product which is alight or emitting smoke;

“tobacco product” means any cigarette, cigar or any other form of tobacco including any mixture containing tobacco but excludes any medicinal product registered under the Medicines Act [Cap. 176];

“writing” includes painting, inscription, printing, lithography, typewriting, photography and other modes of representing or reproducing words or figures in visible form.

Except as provided in subsection (2) or section 21, any person who publishes or causes to be published or takes part in the publication of any advertisement —

The Minister may, in his discretion, approve, for such time and upon such conditions as he may think fit, the publication of an advertisement or class of advertisements which mentions or refers to the brand name associated with or the name or trade name of a person associated or concerned with the manufacture, distribution or marketing of a tobacco product —

Where any person fails to comply with any condition imposed by the Minister under this section, the Minister may cancel the approval in relation to which that condition was imposed.

Any application for approval under subsection (2) shall be made in such form and with such particulars as may be determined by the Minister.

This Part shall not apply to any advertisement relating to smoking contained in a newspaper which is printed or published outside Singapore and is brought into Singapore for sale, free distribution or personal use other than a newspaper of a class or description specified by the Minister by notification in the Gazette.

Notwithstanding subsection (1), no person shall distribute or supply or cause to be distributed or supplied, whether free of charge or otherwise, any newspaper or printed matter containing any advertisement relating to smoking which is printed or published outside Singapore and is brought into Singapore, if such newspaper or printed matter —

Any person who contravenes subsection (2) 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 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding one year or to both.

No person shall sell or offer for sale —

No person shall distribute or give or cause to be distributed or given or assist in the distribution or giving of any free sample of a tobacco product to the public or any section of the public other than to persons who are associated or concerned with the manufacture, distribution or sale of tobacco products.

No person shall offer or give any tobacco product as a prize in any lottery, raffle, draw, game or competition.

Any person who contravenes or fails to comply with subsection (1), (2) or (3) 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 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding one year or to both.

Any person who, directly or indirectly —

It shall be a defence to any prosecution for an offence under subsection (1) if a person proves that he —

Any person who, being below the age of 18 years, smokes or chews any tobacco product in a public place or on a road, or buys or has in his possession, whether for his own use or not, any tobacco product, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 and, in the case of a second or subsequent conviction, to a fine not exceeding $100.

Where a police officer or an authorised officer finds in any public place or on a road a person, whom the officer reasonably suspects as being below the age of 18 years, smoking or chewing or about to smoke or chew any tobacco product, the officer may seize any tobacco product in the possession of such person.

For the purposes of this section —

“public place” means the premises of a school within the meaning of the Education Act [Cap. 87] or any place, premises or building or part thereof to which members of the public or a section of the public have or ordinarily would have access whether on payment of a fee or otherwise;

“road” has the same meaning as in the Road Traffic Act [Cap. 276].

Every person who sells or offers for sale any tobacco product by retail (referred to in this section as the retailer) —

The retailer may, subject to any direction that may be given by the Director under subsection (1)(b), in addition to such notices, adopt any means, method or device as he may think fit for bringing such prohibition to the attention of members of the public in the premises or place.

A retailer who contravenes or fails to comply with subsection (1) or fails to comply with any direction given by the Director under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

No person shall place or cause or knowingly permit to be placed in any premises a vending machine containing any tobacco product that may be obtained by the insertion of any note, coin, token or similar object.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

No person shall import, sell or offer for sale —

No person shall import, sell or offer for sale any cigarette containing —

Subsections (1) and (2) shall not apply to the importation of any tobacco product which is intended for re-export.

For the purposes of subsection (2), “cigarette” means any product which consists in whole or in part of cut, shredded or manufactured tobacco, or any tobacco derivative or substitute, rolled up in paper, tobacco leaf or other material and which is in such form as to be capable of immediate use for smoking.

Any person who contravenes subsection (1) or (2) 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 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding one year or to both.

No person shall import, sell or offer for sale any confectionery or other food product or any toy or other article that is designed to resemble a tobacco product or which is sold in a package designed to resemble the packaging commonly associated with tobacco products.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

The Minister may by regulations impose requirements for securing that such tobacco products as may be specified in those regulations be marked with, labelled or accompanied by any warning relating to health, information or description as may be prescribed and control or prohibit the supply of tobacco products with respect to which such requirements are not complied with.

Any person who contravenes the requirements imposed under 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 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding one year or to both.

The Minister may by regulations require any person who sells by retail or offers for sale by retail, or permits to be sold or offered or has in his possession for sale by retail any tobacco product, to be licensed by the Director.

Without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to any of the following matters:

Any person who is aggrieved by a decision of the Director to refuse to grant or renew a licence or to revoke, suspend or cancel his licence may appeal against the decision to the Minister.

A person required by regulations made under subsection (1) to be licensed, who sells by retail or offers for sale by retail or permits to be sold or offered or has in his possession for sale by retail any tobacco product without a licence in force shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

The Director may appoint any officer or any person to be an authorised officer for the purposes of this Act or any regulations made thereunder.

In the exercise of his powers and in carrying out his duties under this Act or any regulations made thereunder, an authorised officer shall comply with such general or special directions as may, from time to time, be given to him by the Director.

Any person reasonably suspected of having committed an offence under this Act may be arrested without warrant by any police officer or authorised officer and produced before a Magistrate’s Court or a District Court (referred to in this section as a Court).

Notwithstanding any other written law, any police officer or authorised officer who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a Court or to a police station, serve upon the person a notice in such form as may be determined under section 30 requiring the person to attend at such Court, at such time and on such date as may be specified in the notice.

For the purpose of satisfying himself as to the identity of the person arrested, the police officer or authorised officer may require such evidence of identity as he may consider necessary to be furnished by the person.

A duplicate of the notice served under subsection (2) shall be prepared by the police officer or authorised officer, as the case may be, and produced by him to the Court if so required by the Court.

Where an accused person appears before a Court in accordance with a notice served under subsection (2), the Court shall take cognizance of the offence alleged and shall proceed as though he were produced before it in pursuance of subsection (1).

If a person upon whom a notice has been served under subsection (2) fails to appear before a Court in accordance with the notice, the Court may issue a warrant for the arrest of that person.

Where a person arrested in pursuance of a warrant issued under subsection (6) is produced before a Court, the Court shall proceed as though he were produced before it under subsection (1) and shall, at the conclusion of such proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served under subsection (2) and, if due cause is not shown, the Court may order him to pay a penalty not exceeding $2,000 or may commit him to prison for a term not exceeding one month.

Any person carrying on a trade or business which consists of or includes the manufacture, distribution, importation or sale of any tobacco or imitation tobacco product —

Any person involved or concerned with the importation, distribution, sale or supply of any newspaper which is printed or published outside Singapore shall furnish to the Director or an authorised officer such information as the Director or authorised officer may require in respect of such newspapers.

The Director or an authorised officer may, at all reasonable hours, exercise the following powers:

The Director or an authorised officer may, if he has reasonable cause to believe that an offence under section 3(1) has been committed in respect of an advertisement relating to smoking, require the person reasonably suspected of committing the offence to remove the advertisement from the view of members of the public and if the person fails to do so, the Director or authorised officer may cause the advertisement to be so removed and the person shall be liable to pay to the Director the reasonable costs of removal and disposal of the advertisement which may be recovered as a debt due to the Government.

The Director or an authorised officer shall, on seizing any advertisement, tobacco or imitation tobacco product, machine or document in the exercise of his powers under this section, inform the person from whom they are seized and, in the case of tobacco products seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.

The Director or an authorised officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary.

Any person who —

If any person, in giving any such information as is mentioned in subsection (1), makes any statement which he knows to be false, he 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 one year or to both.

Any advertisement, product or vending machine seized in exercise of any power conferred under this Act shall be liable to forfeiture.

An order for the forfeiture or for the release of any advertisement, product or machine seized in exercise of any power conferred by this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the advertisement, product or machine shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the advertisement, product or machine was the subject-matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of that offence.

In the absence of any prosecution with regard to any advertisement, product or machine seized in the exercise of any power conferred by this Act, the advertisement, product or machine shall be deemed to be forfeited at the expiration of one month from the date of the seizure unless a claim thereto is made before then in accordance with subsection (4).

A person asserting that he is the owner of any advertisement, product or machine seized and that the advertisement, product or machine is not liable to forfeiture may personally, or by his agent authorised in writing, make a claim by giving written notice to the Director.

On receipt of such notice, the Director may direct that the advertisement, product or machine be released or may refer the matter to a court for decision.

All things forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in accordance with the directions of the Minister.

The Director or any person authorised by the Director in writing may, in his discretion, compound any offence under this Act or any regulations made thereunder which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.

The Minister may make regulations to prescribe the offences which may be compounded.

The Minister may make such regulations as appear to him necessary or expedient for the purpose of carrying out the provisions of this Act.

All such regulations shall be presented to Parliament as soon as possible after publication in the Gazette.

The Smoking (Prohibition on Advertisements) Act [Cap. 309] is repealed (referred to in this section as the repealed Act).

Any authorisation or exemption relating to any matter dealt with under this Act which was made, granted or approved under the repealed Act shall, except where otherwise expressly provided in this Act, continue and be deemed to have been made, granted or approved under this Act.

Any form used for the purposes of the repealed Act which was in force or in effect immediately before the commencement of this Act shall continue in force and have effect as though designed under this Act until new forms are so designed or determined.