Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 3 · Control of Import, Sale, Etc., of Tobacco Products, Vaporisers and Imitation Tobacco Products
16B. Presumption relating to possession and knowledge of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products
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This section applies to and in relation to an offence under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4).
A person who is proved to have had in the person’s possession or custody or under the person’s control —
anything containing an applicable product or any component of an applicable product;
the keys of anything containing an applicable product or any component of an applicable product;
the keys of any premises (other than a conveyance or part of a conveyance) in Singapore in which an applicable product or any component of an applicable product is found; or
a document of title relating to an applicable product or any component of an applicable product, or any other document intended for the delivery of an applicable product or any component of an applicable product,is presumed, until the contrary is proved, to have had that applicable product or component in the person’s possession.
Where one of 2 or more persons with the knowledge and consent of the rest has in the person’s possession an applicable product or any component of an applicable product, the applicable product or component is deemed to be in the possession of each and all of those persons.
A person who is proved or presumed to have had an applicable product or any component of an applicable product in the person’s possession is presumed, until the contrary is proved, to have known the nature of that applicable product or component.
The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.
In this section and section 16C, “applicable product” means a section 14 tobacco product, a section 15 tobacco product, a vaporiser or an imitation tobacco product.
tobacco product
“tobacco product” means —(a)a cigarette or cigar, or any other form of tobacco;(b)a tobacco derivative;(c)a tobacco substitute; or(d)a mixture containing any form of tobacco or a tobacco derivative or tobacco substitute,but does not include a therapeutic product registered under the Health Products Act 2007;