Singapore legislation

Clause 7

of Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Bill

Clause 7

Replacement of sections 15 and 16 and new sections 16A, 16B and 16C

In the TCASA, replace sections 15 and 16 with —“Prohibition of import, sale, possession, etc., of chewing tobacco, certain prescribed tobacco products and their components15.—

(1)

Subject to subsection (4), a person must not import into Singapore —

(a)

any of the following tobacco products:

(i)

any chewing tobacco;

(ii)

any prescribed tobacco product or class of tobacco products that is intended, or labelled or described as suitable, for use other than smoking;

(iii)

any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having the effect of encouraging or otherwise promoting smoking or other uses of tobacco products;

(iv)

any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having, directly or indirectly, an adverse effect on the health of the public or any section of the public; or

(b)

any component of a tobacco product mentioned in paragraph (a).(2) Subject to subsection (4), a person must not —

(a)

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, anything mentioned in subsection (1)(a) or (b);

(b)

offer to do any act mentioned in paragraph (a); or

(c)

possess in Singapore anything mentioned in subsection (1)(a) or (b) for the purpose of doing any act mentioned in paragraph (a).(3) A person must not —

(a)

subject to subsection (4), possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

(b)

purchase in Singapore; or

(c)

use in Singapore,anything mentioned in subsection (1)(a) or (b).(4) Subsections (1), (2) and (3)(a) do not apply to any of the following acts by a person:

(a)

the import of anything mentioned in subsection (1)(a) or (b) into Singapore solely for the purpose of taking the thing out of Singapore, whether the thing is taken out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance;

(b)

the transport of anything mentioned in subsection (1)(a) or (b) within Singapore pending the thing being taken out of Singapore;

(c)

the possession of anything mentioned in subsection (1)(a) or (b) in Singapore pending the thing being taken out of Singapore.(5) To avoid doubt, subsections (1), (2) and (3)(a) apply to —

(a)

an individual who does any act mentioned in subsection (4) for or on behalf of another individual; or

(b)

an individual in relation to anything mentioned in subsection (1)(a) or (b) that the individual imports into Singapore for his or her personal use.(6) A person who contravenes subsection (1) shall be guilty of an offence and —

(a)

shall on conviction be punished with imprisonment for a term not exceeding 9 years; and

(b)

in addition, shall be liable on conviction to a fine not exceeding $300,000.(7) A person who contravenes subsection (2) shall be guilty of an offence and —

(a)

shall on conviction be punished with imprisonment for a term not exceeding 6 years; and

(b)

in addition, shall be liable on conviction to a fine not exceeding $200,000.(8) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.Prohibition of import, sale, possession, etc., of vaporisers and their components16.—

(1)

A person must not import into Singapore any vaporiser or any component of a vaporiser.(2) A person must not —

(a)

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, any vaporiser or any component of a vaporiser;

(b)

offer to do any act mentioned in paragraph (a); or

(c)

possess in Singapore any vaporiser or any component of a vaporiser for the purpose of doing any act mentioned in paragraph (a).(3) A person must not —

(a)

possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

(b)

purchase in Singapore; or

(c)

use in Singapore,any vaporiser or any component of a vaporiser.(4) A person who contravenes subsection (1) shall be guilty of an offence and —

(a)

shall on conviction be punished with imprisonment for a term not exceeding 9 years; and

(b)

in addition, shall be liable on conviction to a fine not exceeding $300,000.(5) A person who contravenes subsection (2) shall be guilty of an offence and —

(a)

shall on conviction be punished with imprisonment for a term not exceeding 6 years; and

(b)

in addition, shall be liable on conviction to a fine not exceeding $200,000.(6) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(7) For the purposes of this section, it is not necessary for a vaporiser or any component of a vaporiser to contain tobacco or a tobacco product or tobacco substitute.Prohibition of import, sale, possession, etc., of imitation tobacco products and their components16A.—

(1)

A person must not import into Singapore —

(a)

any article, device or food product —

(i)

that resembles, or is designed to resemble, a tobacco product;

(ii)

that is capable of being smoked;

(iii)

that may be used in such a way as to mimic the act of smoking; or

(iv)

the packaging of which resembles, or is designed to resemble, the packaging commonly associated with tobacco products; or

(b)

any component of an article or a device mentioned in paragraph (a).IllustrationsA toy that resembles or is designed to resemble a tobacco product is an example of an article or a device that resembles or is designed to resemble a tobacco product.A confectionery that resembles or is designed to resemble a tobacco product is an example of a food product that resembles or is designed to resemble a tobacco product.(2) A person must not —

(a)

sell or give in Singapore, or transport, send, deliver or distribute within Singapore, anything mentioned in subsection (1)(a) or (b);

(b)

offer to do any act mentioned in paragraph (a); or

(c)

possess in Singapore anything mentioned in subsection (1)(a) or (b) for the purpose of doing any act mentioned in paragraph (a).(3) A person must not —

(a)

possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

(b)

purchase in Singapore; or

(c)

use in Singapore,anything mentioned in subsection (1)(a) or (b).(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both, unless paragraph (b) applies; or

(b)

if the person has a prior qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 6 years or to both.(5) A person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.(6) For the purposes of this section, it is not necessary for anything mentioned in subsection (1)(a) or (b) to contain tobacco or a tobacco product or tobacco substitute.(7) In subsection (4), “qualifying conviction” means —

(a)

a conviction for an offence under subsection (4);

(b)

a conviction for an offence under section 16(4) or (5);

(c)

a conviction for an offence under section 16(4) or (6) as in force immediately before the date of commencement of section 7 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026; or

(d)

a conviction for an offence under section 16(2) as in force immediately before 1 August 2016.Presumption relating to possession and knowledge of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products16B.—

(1)

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).(2) A person who is proved to have had in the person’s possession or custody or under the person’s control —

(a)

anything containing an applicable product or any component of an applicable product;

(b)

the keys of anything containing an applicable product or any component of an applicable product;

(c)

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

(d)

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.(3) 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.(4) 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.(5) 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.(6) 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.Presumption relating to vehicles and trailers16C.—

(1)

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).(2) If an applicable product or any component of an applicable product is found in any vehicle or trailer, that applicable product or component is presumed, until the contrary is proved, to be in the possession of the person in charge of the vehicle or trailer for the time being.(3) The presumption provided for in subsection (2) is not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.”.