Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 3A · Control of Part 3A Products Containing Specified Psychoactive Substances, and Treatment and Rehabilitation
19N. Presumption relating to possession and knowledge of Part 3A product containing specified psychoactive substance
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The provisions of this section apply as follows:
subsections (2), (3), (4) and (5) apply to and in relation to an offence under section 19B(1) or 19C(1);
subsections (4) and (5) apply to and in relation to an offence under section 19D(1).
A person who is proved to have had in the person’s possession or custody or under the person’s control —
anything containing a Part 3A product that contains a specified psychoactive substance (called in this section a Part 3A‑SPS product);
the keys of anything containing a Part 3A-SPS product;
the keys of any premises (other than a conveyance or part of a conveyance) in Singapore in which a Part 3A‑SPS product is found; or
a document of title relating to a Part 3A-SPS product or any other document intended for the delivery of a Part 3A‑SPS product,is presumed, until the contrary is proved, to have had that Part 3A‑SPS product in the person’s possession.
Where one of 2 or more persons with the knowledge and consent of the rest has a Part 3A-SPS product in the person’s possession, that Part 3A-SPS product is deemed to be in the possession of each and all of those persons.
A person who is proved or presumed to have had a Part 3A‑SPS product in the person’s possession is presumed, until the contrary is proved, to have known that the Part 3A‑SPS product is a Part 3A product that contains a specified psychoactive substance, whether or not that person knows the name or chemical composition of the specified psychoactive substance.
The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the Part 3A‑SPS product.