# legal_provisions

document_id: gewca-2021
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “gun” and associated terms
content:
3. —(1) In this Act, unless the context otherwise requires, “gun” means an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by — ( a ) propelling a bullet, shot or other projectile (which may or may not contain any noxious substance); or ( b ) discharging any corrosive substance or poison, by means of a burning propellant, compressed air or other compressed gas, or an explosive force (however caused), and includes any of the following: ( c ) an object or a thing mentioned in subsection (2)( a ); ( d ) a collection of major parts of a gun mentioned in subsection (2)( b ). Examples An electronic dart gun. A ballistic knife. A handgun or revolver. An automatic gun or pistol. A spear gun. A stun gun or taser. A firearm designed to fire projectiles containing tear gas or poison. A firearm designed to tranquillise, immobilise or administer vaccines or other medicines to animals. A howitzer, mortar, bazooka and similar military firearms designed to fire explosive projectiles. A machine gun or sub-machine gun. A self-loading rifle or shotgun. A paint-pellet gun or paintball marker. An airgun. A starting pistol the purpose of which is for use in the starting of racing events in sporting competitions. (2) For the purposes of this Act — ( a ) an object or a thing that would be a gun — (i) if it did not have something missing from it, or a defect or obstruction in it; or (ii) if it were not for the fact that something has been added to it, must be taken to be a gun; ( b ) a collection of the major parts of a gun that if assembled would be a gun (or would be a gun if it were assembled and in working order) is taken to be a gun; and ( c ) a reference to a gun of a particular category or kind includes a reference to an object or a thing that would be a gun of that category or kind if not for paragraph ( a )(i) or (ii). (3) In this Act, “major part of a gun” means any component — ( a ) that, of itself, is essential to the discharge of any shot, bullet, missile, or other projectile from the gun; ( b ) that is exclusively designed to be, or is intended to be, an integral part of the gun, without which the gun would be considered inoperable or incomplete; or ( c ) that feeds or contributes to feeding ammunition to the gun. Examples A gas piston, friction ring, action bar, breech bolt or breech block. A firearm barrel. A trigger or firing mechanism. A frame or receiver. A slide. An upper or a lower receiver. A revolving cylinder. A bolt carrier. An adjustable, detachable or folding stock. (4) However, “gun” does not include the following: ( a ) a longbow, crossbow, slingshot or shanghai; ( b ) an object or a thing that, if used in the way for which it is or was designed or adapted, is or was capable of being aimed at a target and causing hurt or injury by discharging any noxious substance directly onto the target, such as a pepper spray gun or cannister; ( c ) an imitation gun, which is an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun; ( d ) any other object or thing prescribed not to be a gun. (5) In this Act, unless the context otherwise requires — “airgun” means a gun that — ( a ) can propel, or is designed to propel, a projectile by means of any gas or mixture of gases, including air but not including a gas or mixture of gases generated by an explosive; and ( b ) is operated or designed for operation by means of a trigger or similar device; “automatic gun” means a gun that is designed to fire a round when the trigger is brought to the firing position and to continue to fire one or more rounds automatically while the trigger is held in that position; “ballistic knife” means a device or an instrument designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means; “electronic dart gun” means a portable device that — ( a ) is powered by electricity and, when switched on, is capable of expelling or projecting a projectile; and ( b ) upon coming in contact with a person or an animal, is capable of inflicting injury or an electric shock by a high voltage, low amperage charge to such person or animal; “firing mechanism”, for a gun, means the mechanism of the gun that is designed for the purpose of firing the gun, and includes a trigger mechanism or firing pin; “gun accessory” means any object or thing that — ( a ) is not a major part of a gun; ( b ) is not a weapon; ( c ) is designed to be fitted to, or adapted to fit, a gun; and ( d ) whether or not complete, damaged, temporarily or permanently inoperable, or unfinished, can be fitted to, or adapted to fit, is — (i) a magazine adapter; (ii) a flash suppressor; (iii) a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the gun; (iv) a mechanism or other device designed to modify, or capable of converting, a gun to give it any of the following capabilities: (A) burst fire; (B) semi-automatic operation; (C) fully automatic operation; or (v) any other mechanism or device that is prescribed (by description, model or otherwise) for the purposes of this definition; “loading mechanism”, for a gun, means all the parts of the gun (except the barrel) that are designed to place or hold or to place and hold a round in position for firing, and includes the magazine of the gun, if any; “prohibited gun” means a gun that — ( a ) is particularly dangerous by reason of its design, construction or any other factor; or ( b ) by reason of its size or any other factor, could be more readily concealed than other guns of the same category or would be particularly suited to unlawful use, such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun to be a prohibited gun; “prohibited gun accessory” means any gun accessory that could easily convert a gun to become — ( a ) a more dangerous gun (whether or not a prohibited gun); ( b ) a more easily concealed gun; or ( c ) a gun which would be particularly suited to unlawful use, such that, in the opinion of the Minister, it is expedient for the public safety to prescribe the gun accessory to be a prohibited gun accessory; “receiver”, for a gun, means the body or frame of the gun that is designed to hold the firing mechanism or the loading mechanism or both in place, but does not include the stock or barrel of the gun; “sound moderator” means a device designed or adapted to be attached to, or comprising part of, a gun to muffle the report when the gun is fired, and includes baffles, tubes or other parts that when fitted together would comprise a sound moderator; “stun gun” means a portable device which is powered by electricity and from which any electric current, discharge, impulse, wave or beam can be emitted and if directed at an individual or animal, can incapacitate temporarily, injure or kill the individual or animal.


document_id: gewca-2021
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “explosive” and associated terms
content:
4. —(1) In this Act, unless the context otherwise requires — “ammunition” means — ( a ) an article consisting of a cartridge case fitted with a live primer and a projectile; ( b ) an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile; Example A nail gun cartridge. ( c ) a live primer, propellant or blank cartridge; or ( d ) an object or a thing suitable for use as ammunition in a gun and prescribed for the purposes of this definition, whether or not containing an explosive substance but not containing a noxious substance, but excludes an inert blank cartridge or inert drill round, a snap cap or other item designed to fit in the breech or chamber of a gun for the purpose of preventing damage to a firing pin, and a paintball; “detection agent” means a substance that — ( a ) is intended to be used to enhance the detectability of explosives by vapour detection means; and ( b ) is prescribed for the purposes of this definition; “distress signal” means a pyrotechnic device intended for signalling or warning or similar purposes, and includes a marine flare or signal, landing flare, highway flare, highway fusee, line‑carrying rocket, cloud seeding rocket, railway fog signal or smoke generator; “explosive” means — ( a ) an explosive substance; ( b ) ammunition; ( c ) a firework or rocket firework; ( d ) a sand cracker; or ( e ) an explosive device; “explosive device” means any of the following that contains an explosive substance: ( a ) a bomb; ( b ) a grenade; ( c ) a mine; ( d ) a fog signal, distress signal or fuse; ( e ) a detonator, blasting cap or percussion cap; ( f ) an object or a thing prescribed to be an explosive device, and includes a collection of parts mentioned in subsection (2), but excludes an imitation explosive device; “explosive precursor” means any substance specified in the Second Schedule; “explosive substance” means — ( a ) gunpowder, nitro-glycerine, dynamite, gun‑cotton, blasting powder, fulminate of mercury or of other metals or coloured fires, and any adaptation or preparation of anything in this paragraph; ( b ) a solid or liquid substance that is manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect; ( c ) a solid or liquid substance which, if not for it being wetted or otherwise phlegmatised to suppress its explosive properties, produces a practical effect by explosion or a pyrotechnic effect; or ( d ) any other substance that is prescribed to be an explosive substance for the purposes of this definition; “firework” means — ( a ) an article or a substance, containing one or more explosive substances (with or without other substances) that is designed to entertain people by producing light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction; or ( b ) any other article or a thing prescribed to be a firework; “high explosive” includes — ( a ) cyclotetramethylenetetranitramine (HMX); ( b ) pentaerythritol tetranitrate (PETN); and ( c ) cyclotrimethylenetrinitramine (RDX); “imitation explosive device” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance an explosive device but is not an explosive device, and includes any such object that is produced and identified as a toy or replica; “mine” means a munition (other than a command‑detonated munition) designed, intended or altered so as — ( a ) to be placed under, on or near the ground or other surface area; and ( b ) to be exploded by the presence, proximity or contact of a person or a vehicle; “plastic explosive” means any explosive which — ( a ) is formulated with one or more high explosives which in their pure form have vapour pressure of less than 10 ‑4 Pa at a temperature of 25&#176;C; ( b ) is formulated with a binder material; and ( c ) is, when mixed, malleable or flexible at normal room temperature; “prohibited explosive” means an explosive of a character that, in the opinion of the Minister, is so specially dangerous to life or property that it is expedient for the public safety to prescribe the explosive to be a prohibited explosive; “rocket firework” includes any firework which will travel over a distance when activated before it produces a practical effect by explosion or a pyrotechnic effect; “round” means an undischarged complete live cartridge; “sand cracker” means a pellet containing an explosive which will be activated when set on fire or rubbed on any abrasive surface or by any other means; “unmarked plastic explosive” means a plastic explosive that, at the time of its manufacture — ( a ) does not contain a detection agent; ( b ) contains a detection agent the concentration of which is less than the minimum concentration prescribed in the Regulations for that detection agent; or ( c ) contains a detection agent that is not homogenously distributed throughout the plastic explosive. (2) For the purposes of this Act, any collection of the parts of an explosive device that if assembled would be an explosive device (or would be an explosive device if it were assembled and in working order) is taken to be an explosive device.


document_id: gewca-2021
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meaning of “possession” and associated terms
content:
5. —(1) For the purposes of this Act, a person has “possession” of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance if — ( a ) the person, being an individual, carries or has an object or a thing on his or her person, including something carried or worn by the person (called in this section physical possession), and the individual knows or has reason to believe that the object or thing is a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; ( b ) the person has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( c ) the person has the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance in the care, control or management of another person, including storing it with that other person; ( d ) the person drives, flies or otherwise operates (even by remote control) any vehicle, vessel, aircraft or other device conveying or otherwise carrying the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( e ) the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is in or on any place or premises, owned, leased or occupied by, or in the care, control or management of, the person; or ( f ) the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is within any container owned or in the care, control or management of, the person. Illustration A buys a pistol illegally. A hands it to B to look after it for him while A appears in court. A still has the care, control or management of the pistol and so has possession of the gun. B holds the pistol and also has possession of the gun. A is a member of a gun club which provides an armoury for their members to store their handguns. The gun club and A each have possession of A ’s handgun deposited at that armoury. A is subsequently elected as armourer of the gun club. The gun club and A each have possession of all handguns held in the armoury of the gun club for the members of the gun club. (2) Without limiting subsection (1), for the purposes of this Act, a person has possession of a gun, an explosive device or a weapon if — ( a ) any major part of the gun, or any part of an explosive device or weapon (as the case may be) is in the person’s possession; ( b ) other major parts of the gun, or any other parts of an explosive device or weapon (as the case may be) are in the possession of another person or persons; ( c ) at least one of the other persons is in possession of — (i) the other major part or major parts of the gun; or (ii) the other part or parts of the explosive device or weapon, as the case may be, for an agreed purpose with the person; and ( d ) those parts would make up the gun, explosive device or weapon (as the case may be) if fitted together, and each of the persons is taken to be possessing the gun, explosive device or weapon, as the case may be. (3) However, for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance just because the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is at a place or premises owned, leased or occupied by the person if the court is satisfied, on a balance of probabilities, that — ( a ) the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is at the place or premises; Illustration C buys an apartment from D . The apartment has newly installed false ceiling boards, which D represents to C is paid for by the apartment owner above as part of the settlement for damage from water leakage from the apartment above. C obtains confirmation from the apartment owner above of that settlement. D owns a gun but, before moving out, D hides it in a cavity in the false ceiling. C does not know that D hid the gun among the ceiling boards. C does not have possession of the gun because C does not know that the gun is among the ceiling boards. ( b ) someone else who is authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance — (i) is also at the place or premises; or Illustration E is giving F a lift in her car to a sports complex that has an archery range. F is licensed and has his archery set comprising a long bow with him. E is not in possession of the long bow because F is authorised to possess the weapon and F is in the car. (ii) has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; Illustration G and H share a house. H is licensed and stores his spear gun in the house in a cabinet to which only H has a key to. G does not have access to the spear gun or cabinet key and has nothing to do with the spear gun. G is not in possession of the spear gun even when H , the person authorised to possess the spear gun, is not at the house, because H is the person who has the care, control or management of the spear gun. ( c ) someone else who is not authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or ( d ) on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. (4) In addition to subsection (3), for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance just because the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is in a container owned by the person if the court is satisfied, on a balance of probabilities, that — ( a ) the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is in the container; ( b ) someone else has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or ( c ) on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. (5) In addition to subsections (3) and (4), for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance just because the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is in, on or fitted to a vehicle, vessel, an aircraft or other device driven, flown or otherwise operated (even by remote control) by the person if the court is satisfied, on a balance of probabilities, that — ( a ) the person did not know and could not reasonably be expected to have known that the gun, major part of a gun, gun accessory, explosive or explosive precursor, weapon or noxious substance (as the case may be) is in, on or fitted to the vehicle, vessel, aircraft or other device; ( b ) someone else has the care, control or management of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or ( c ) on the evidence, the person was otherwise not in possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. (6) A defendant to a prosecution for an offence under this Act who wishes to rely on a matter mentioned in subsection (3), (4) or (5) has the evidential burden in relation to the matter. (7) For the purposes of this Act, a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance owned by the Government and for which a head of a department or division in a Ministry or an Organ of State is responsible, is taken to be owned by the Government. (8) To determine whether a person has the care, control or management of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, for the purposes of this Act, each of the following must be considered: ( a ) whether the person knows about the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( b ) whether the person can use or transfer the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( c ) whether the person can control or prevent someone else from using or having physical possession of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance.


document_id: gewca-2021
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Meaning of “manufacture” and associated terms
content:
6. —(1) In this Act, unless the context otherwise requires, “manufacture” — ( a ) in relation to a gun, includes any of the following: (i) the assembling of a gun from parts of a gun (but excludes repair); (ii) the testing of the assembled object or thing as a gun; ( b ) in relation to a major part of a gun, or a gun accessory, includes any of the following: (i) the assembling of a major part of a gun or a gun accessory from parts of that major part of a gun or that gun accessory (but excludes repair); (ii) the testing of the assembled object or thing as a major part of a gun or as a gun accessory, as the case may be; ( c ) in relation to any explosive, includes any of the following: (i) the blending together of any substances to make the explosive; (ii) the altering of the chemical or physical nature of any substance or any object or thing to make the explosive; (iii) the breaking up, sorting out or unmaking of the explosive; (iv) the remaking, reconditioning or altering of the explosive to produce an explosive effect other than that for which the particular explosive was designed; (v) the filling of cartridge cases with projectiles or fitting of primers to cartridge cases; ( d ) in relation to an explosive precursor or a noxious substance, includes any of the following: (i) the blending together of any substances to make the explosive precursor or noxious substance, as the case may be; (ii) the altering of the chemical or physical nature of any substance to make the explosive precursor or noxious substance, as the case may be; (iii) the remaking or reconditioning of the explosive precursor or noxious substance, as the case may be; (iv) the possessing of any object or thing for any purpose in sub‑paragraph (i), (ii) or (iii). (2) In this Act, unless the context otherwise requires, “repair” of a gun or gun accessory, an explosive device or a weapon includes — ( a ) the altering or modifying of the gun, gun accessory, explosive device or weapon, whether or not to rectify any damage to it or to return the gun, gun accessory, explosive device or weapon (as the case may be) to its original operable condition; ( b ) the testing of the gun, gun accessory, explosive device or weapon (as the case may be) with a view to assessing the operability of that gun, gun accessory, explosive device or weapon as repaired, being repaired or to be repaired; and ( c ) the possessing of any part of a gun, gun accessory, explosive device or weapon (as the case may be) for the purpose of any activity in paragraph ( a ) or testing in paragraph ( b ). (3) For the purposes of this Act, a person takes part in the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, or the repair of a gun, gun accessory, an explosive or a weapon, if the person — ( a ) takes, or takes part in, a step, or causes a step to be taken, in the process of — (i) the manufacture of the gun, major part of a gun or gun accessory, explosive or explosive precursor or weapon or noxious substance; or (ii) the repair of a gun or gun accessory, an explosive or a weapon, as the case may be; or ( b ) exercises control or direction over any step mentioned in paragraph ( a )(i) or (ii), whichever is applicable. (4) However, despite subsection (3), a person is not treated as taking part in — ( a ) the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or ( b ) the repair of a gun or gun accessory, an explosive or a weapon, by reason only that the person provided financing for any step taken in the process of the manufacture or repair of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. (5) Unless otherwise expressly provided, where a person — ( a ) is granted a licence — (i) to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or (ii) to repair a gun or gun accessory, an explosive or a weapon; or ( b ) is a class licensee authorised under a class licence — (i) to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or (ii) to repair a gun or gun accessory, an explosive or a weapon, the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to use or possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of manufacture or repair.


document_id: gewca-2021
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Meaning of “supply” and associated terms
content:
7. —(1) In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any object or thing in Singapore, and whether or not the object or thing is to remain in Singapore: ( a ) selling or agreeing to sell, including for the purpose of resale; ( b ) bartering or exchanging; ( c ) offering for sale, barter or exchange or attempting to sell, barter or exchange; ( d ) displaying or exhibiting for sale, barter or exchange; ( e ) inviting the making of offers to acquire the object or thing, or otherwise advertising for sale, barter or exchange; ( f ) having in possession for sale, barter or exchange; ( g ) transferring possession to an agent for sale on consignment; ( h ) offering as a prize or reward; ( i ) offering or giving away for the purpose of advertisement or in furtherance of any trade or business; ( j ) conducting negotiations for sale, barter or exchange of the object or thing; ( k ) selling, bartering or exchanging anything of which the object or thing forms a part; ( l ) doing any of the above as an agent or a broker, or by an agent or a broker. (2) For the purposes of this Act, a person takes part in the supply of any object or thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply. (3) However, despite subsection (2), a person is not treated as taking part in the supply of any object or thing by reason only that the person provided financing for any step taken in the process of the supply of the object or thing. (4) In this section, “sale” means sale by wholesale or retail, and whether by tender, auction or otherwise. (5) Unless otherwise expressly provided, where a person — ( a ) is granted a licence to supply a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or ( b ) is a class licensee authorised under a class licence to supply a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of supply.


document_id: gewca-2021
provision_ref: s8
chapter: PART 1 - PRELIMINARY
section: 8
title: Meanings of “acquire”, “transfer” and associated terms
content:
8. —(1) In this Act, unless the context otherwise requires — “acquire”, in relation to an object or a thing, means — ( a ) to buy (by wholesale or retail) the object or thing; or ( b ) to accept or receive a supply or transfer of the object or thing; “transfer” means to transfer ownership or possession, by gift, lending or supply. (2) For the purposes of this Act, a person takes part in the acquisition or transfer of an object or a thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that acquisition or transfer, as the case may be. (3) For the purposes of this Act, a person who takes possession of an object or a thing under a hire‑purchase agreement is taken to have acquired the object or thing, and the person who possessed the object or thing immediately before parting with possession is taken to have supplied it. (4) Despite subsection (2) but subject to subsection (3), a person is not treated as taking part in the acquisition or transfer of any object or thing by reason only that the person provided financing for any step taken in the process of acquiring or transferring the object or thing.


document_id: gewca-2021
provision_ref: s9
chapter: PART 1 - PRELIMINARY
section: 9
title: Meanings of “convey”, “import” and “export” and associated terms
content:
9. In this Act, unless the context otherwise requires — “carrier” means any person who conveys objects or things, whether on the person’s own behalf or on behalf of another person, and excludes the driver of a vehicle, the master or pilot of a vessel or an aircraft or other individual operating or in control of a conveyance carrying the object or thing unless no other person is a carrier of that object or thing; “convey” means carriage as a carrier on any conveyance (whether or not in the course of a business) for a journey wholly within Singapore and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit; “conveyance” includes any aircraft, train, vehicle, vessel or other mode of transport of passengers or goods; “export”, in relation to any object or thing, means to take or cause to be taken out of Singapore by any means and includes to place goods in any form of conveyance for the purpose of taking the goods out of Singapore to any place outside Singapore; “import”, in relation to any object or thing, means to bring or cause to be brought into Singapore by any means from any place outside Singapore.


document_id: gewca-2021
provision_ref: s10
chapter: PART 1 - PRELIMINARY
section: 10
title: Purposes of Act
content:
10. The purposes of this Act are — ( a ) to prohibit the possession, handling and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances except in special circumstances because any possession, handling and use of any of these objects or things is a privilege that is conditional on the overriding need to ensure public safety; ( b ) to ensure public safety — (i) by imposing strict controls on the possession, handling and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances; and (ii) by promoting the safe, secure and responsible carrying on of regulated activities involving guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons and noxious substances; ( c ) to confirm that persons authorised to carry on any regulated activity have a responsibility to act in the interests of personal and public safety; and ( d ) to implement Singapore’s obligations under the MARPLEX Convention and any other international convention, agreement, or understanding relating to handling of guns and explosives to which Singapore is a party.


document_id: gewca-2021
provision_ref: s11
chapter: PART 2 - OFFENCES
section: 11
title: Unauthorised possession or use of guns, etc.
content:
11. —(1) A person commits an offence if — ( a ) the person stores or otherwise possesses a gun, a major part of a gun, or a gun accessory at any place; and ( b ) the person is not one of the following: (i) a person granted a licence to store or possess that gun, major part of a gun or gun accessory at that place; (ii) a class licensee authorised under a class licence to store or possess that gun, major part of a gun or gun accessory at that place; (iii) a person exempt from this subsection under section 87, 88 or 89 in relation to the storage or possession of that gun, major part of a gun or gun accessory at that place. (2) An individual commits an offence if the individual uses a gun when he or she is not one of the following: ( a ) a person granted a licence to use that gun; ( b ) a class licensee authorised under a class licence to use that gun; ( c ) a person exempt from this subsection under section 87, 88 or 89 in relation to the use of that gun. (3) To avoid doubt, subsection (1)( a ) or (2) applies to a person regardless that the gun, major part of a gun or gun accessory concerned was stored or used other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s12
chapter: PART 2 - OFFENCES
section: 12
title: Unauthorised manufacture, etc., of guns, etc.
content:
12. —(1) A person commits an offence if — ( a ) the person manufactures or takes part in the manufacture of, or disposes of, any object or thing; ( b ) the object or thing is a gun, a major part of a gun, or a gun accessory; ( c ) the person knows that or is reckless as to whether the object or thing is a gun, a major part of a gun, or a gun accessory; and ( d ) the person is not one of the following: (i) a person granted a licence to manufacture or dispose (as the case may be) the gun, major part of a gun or gun accessory; (ii) a class licensee authorised under a class licence to manufacture or dispose (as the case may be) the gun, major part of a gun or gun accessory; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the manufacture or disposal of (as the case may be) the gun, major part of a gun or gun accessory. (2) A person commits an offence if — ( a ) the person repairs or takes part in the repair of any object or thing; ( b ) the object or thing is a gun or a gun accessory; ( c ) the person knows that or is reckless as to whether the object or thing is a gun or a gun accessory; and ( d ) the person is not one of the following: (i) a person granted a licence to repair the gun or gun accessory; (ii) a class licensee authorised under a class licence to repair the gun or gun accessory; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the repair of the gun or gun accessory. (3) To avoid doubt, subsections (1) and (2) apply to a person regardless that the gun, major part of a gun or gun accessory concerned was manufactured, disposed of or repaired other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s13
chapter: PART 2 - OFFENCES
section: 13
title: Unauthorised possession of digital blueprints for manufacture of guns, etc.
content:
13. —(1) A person commits an offence if — ( a ) the person possesses a digital blueprint for the manufacture of a gun or a major part of a gun on a 3D printer or on an electronic milling machine; and ( b ) the person is not one of the following: (i) a person granted a licence to manufacture the gun or major part of a gun using a 3D printer or on an electronic milling machine; (ii) a person exempt from this section under section 87, 88 or 89 in relation to that manufacture of the gun or major part of a gun. (2) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the accused did not know, and could not reasonably be expected to have known, that the accused possessed the digital blueprint concerned; ( b ) the digital blueprint concerned came into the accused’s possession unsolicited and the accused, as soon as the accused became aware of its nature, took reasonable steps to destroy or otherwise surrender it to a police officer or a person designated by a Licensing Officer for the purpose of this paragraph; or ( c ) the conduct engaged in by the accused — (i) was necessary for or of assistance in conducting scientific, medical, educational, military or law enforcement research that has been specially approved by the Minister in writing for the purposes of this section; and (ii) did not breach the conditions of that approval. (3) In this section — “digital blueprint” means any type of digital (or electronic) reproduction of a technical drawing of the design of an object; “possession”, of a digital blueprint, includes the following: ( a ) possession of a computer or data storage device holding or containing the blueprint or of a document in which the blueprint is recorded; ( b ) control of the blueprint held in a computer that is in the possession of another person in Singapore (whether the computer is in or outside Singapore).


document_id: gewca-2021
provision_ref: s14
chapter: PART 2 - OFFENCES
section: 14
title: Unauthorised trade in guns, etc.
content:
14. A person commits an offence if — ( a ) the person — (i) imports or exports an object or a thing; or (ii) takes part in any activity in sub‑paragraph (i) in relation to an object or a thing; ( b ) the object or thing is a gun, a major part of a gun, or a gun accessory; ( c ) the person knows that, or is reckless as to whether, the object or thing is a gun, a major part of a gun, or a gun accessory; and ( d ) the person is not one of the following: (i) a person granted a licence to import or export that gun, major part of a gun or gun accessory; (ii) a class licensee authorised under a class licence to import or export that gun, major part of a gun or gun accessory; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the import or export of that gun, major part of a gun or gun accessory.


document_id: gewca-2021
provision_ref: s15
chapter: PART 2 - OFFENCES
section: 15
title: Unauthorised supply or conveyance of guns, etc.
content:
15. —(1) A person commits an offence if — ( a ) the person supplies or conveys any object or thing, or takes part in the supply of any object or thing; ( b ) the object or thing is a gun, a major part of a gun, or a gun accessory; ( c ) the person knows that, or is reckless as to whether, the object or thing is a gun, a major part of a gun, or a gun accessory; and ( d ) the person is not one of the following: (i) a person granted a licence to supply or convey the gun, major part of a gun or gun accessory; (ii) a class licensee authorised under a class licence to supply or convey the gun, major part of a gun or gun accessory; (iii) a person exempt from this section under section 87, 88 or 89 in relation to supplying or conveying the gun, major part of a gun or gun accessory. (2) To avoid doubt, subsection (1) applies to a person regardless that the gun, major part of a gun, or gun accessory concerned was supplied or conveyed other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s16
chapter: PART 2 - OFFENCES
section: 16
title: Unauthorised acquisition of guns, etc.
content:
16. —(1) A person commits an offence if the person acquires, or takes part in the acquisition of, a gun, a major part of a gun, or a gun accessory from another and the person acquiring — ( a ) is not one of the following: (i) a person granted a licence to use, store or possess that gun, major part of a gun or gun accessory; (ii) a class licensee authorised under a class licence to use, store or possess that gun, major part of a gun or gun accessory; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the use, storage or possession of that gun, major part of a gun or gun accessory; or ( b ) is doing so in contravention of any condition of the person’s licence or class licence to use, store or possess that gun, major part of a gun or gun accessory. (2) Strict liability applies to subsection (1)( b ). (3) A person commits an offence if the person acquires, or takes part in the acquisition of, a gun, a major part of a gun, or a gun accessory from another (called in this section the supplier) and — ( a ) the supplier — (i) is not one of the following: (A) a person granted a licence to supply that gun, major part of a gun or gun accessory; (B) a class licensee authorised under a class licence to supply that gun, major part of a gun or gun accessory; (C) a person exempt from this section under section 87, 88 or 89 in relation to the supply of that gun, major part of a gun or gun accessory; or (ii) is supplying the gun, major part of a gun or gun accessory (as the case may be) in contravention of any condition of the supplier’s licence or class licence to supply that gun, major part of a gun or gun accessory; and ( b ) the person knows that, or is reckless as to whether, the supplier — (i) is not any of the persons in paragraph ( a )(i); or (ii) is supplying the gun, major part of a gun or gun accessory in contravention of any condition of the supplier’s licence or class licence to supply that gun, major part of a gun or gun accessory.


document_id: gewca-2021
provision_ref: s17
chapter: PART 2 - OFFENCES
section: 17
title: Penalties for offences for unlicensed regulated activities involving guns, etc.
content:
17. —(1) A person who is guilty of an offence under section 11(1) or (2), 12(1) or (2), 14, 15(1) or 16(1) or (3) shall be punished on conviction with — ( a ) if a prohibited gun is involved — (i) where the person is an individual — imprisonment for a term not exceeding 5 years and a fine as follows, whichever is applicable: (A) not exceeding $10,000 for each fully assembled prohibited gun involved or $100,000 in total, whichever is the lower; (B) not exceeding $100,000; or (ii) where the person is not an individual — a fine as follows, whichever is applicable: (A) not exceeding $10,000 for each fully assembled prohibited gun involved or $200,000 in total, whichever is the lower; (B) not exceeding $200,000; ( b ) if a gun other than a prohibited gun is involved — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable: (A) not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower; (B) not exceeding $50,000; or (ii) where the person is not an individual — a fine as follows, whichever is applicable: (A) not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower; (B) not exceeding $100,000; ( c ) if a major part of a prohibited gun is involved — (i) where the person is an individual — imprisonment for a term not exceeding 5 years and a fine not exceeding $100,000; or (ii) where the person is not an individual — a fine not exceeding $200,000; ( d ) if a major part of a gun other than a prohibited gun is involved — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or (ii) where the person is not an individual — a fine not exceeding $100,000; ( e ) if a prohibited gun accessory is involved — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $40,000; or (ii) where the person is not an individual — a fine not exceeding $80,000; or ( f ) if any other gun accessory is involved — (i) where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or (ii) where the person is not an individual — a fine not exceeding $40,000. (2) A person who is guilty of an offence under section 13(1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $25,000; but (ii) where the person is a repeat offender — to a fine not exceeding $50,000.


document_id: gewca-2021
provision_ref: s18
chapter: PART 2 - OFFENCES
section: 18
title: Breach of gun, etc., licence conditions
content:
18. —(1) A person commits an offence if — ( a ) the person — (i) is granted a licence to carry out a regulated activity involving a gun, a major part of a gun, or a gun accessory; or (ii) is a class licensee authorised under a class licence to carry out a regulated activity involving a gun, a major part of a gun or a gun accessory; and ( b ) the person carries on, when the licence or class licence (as the case may be) is in force, the regulated activity involving a gun, a major part of a gun or a gun accessory in contravention of any condition of the person’s licence or class licence. (2) Strict liability applies to subsection (1)( b ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual and the offence involves any gun or major part of a gun — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; ( b ) where the person is not an individual and the offence involves any gun or major part of a gun — (i) to a fine not exceeding $25,000; but (ii) where the person is a repeat offender — to a fine not exceeding $50,000; ( c ) where the person is an individual and the offence involves any gun accessory — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( d ) where the person is not an individual and the offence involves any gun accessory — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000. (4) For the purpose of the reference in subsection (3) to “repeat offender” in relation to an offence under subsection (1), an offence under section 13(3) or (4) of the Arms and Explosives Act (Cap. 13) repealed by this Act, and involving any gun or major part of a gun or any arms that is not a weapon, is a countable offence in respect of an offence under subsection (1).


document_id: gewca-2021
provision_ref: s19
chapter: PART 2 - OFFENCES
section: 19
title: Unauthorised shooting range or paintball range operations
content:
19. —(1) A person commits an offence if — ( a ) the person carries on business as a shooting range operator or paintball range operator; and ( b ) the person is not one of the following: (i) a person granted a licence to carry on business as a shooting range operator or paintball range operator; (ii) a class licensee authorised under a class licence to carry on business as a shooting range operator or paintball range operator; (iii) a person exempt from this section under section 87, 88 or 89 in relation to carrying on business as a shooting range operator or paintball range operator. (2) A person who is granted a licence or is a class licensee authorised under a class licence, to carry on business as a shooting range operator or paintball range operator commits an offence if — ( a ) the person carries on the business at any place or premises that — (i) is not an approved shooting range or approved paintball range; or (ii) is not specified in its licence or class licence; and ( b ) the person knows that, or is reckless as to whether, the place or premises is not an approved shooting range or approved paintball range and is not specified in its licence or class licence. (3) A person who is granted a licence or is a class licensee authorised under a class licence, to carry on business as a shooting range operator or paintball range operator commits an offence if the person carries on the business in contravention of any condition of the person’s licence or class licence, as the case may be. (4) Strict liability applies to subsections (1) and (3). (5) In this section, “approved shooting range” and “approved paintball range” mean a shooting range and a paintball range, respectively, that is approved by a Licensing Officer as prescribed by Regulations.


document_id: gewca-2021
provision_ref: s20
chapter: PART 2 - OFFENCES
section: 20
title: Penalties for offences for unauthorised shooting ranges, etc.
content:
20. —(1) A person who is guilty of an offence under section 19(1) or (2) shall be punished on conviction with — ( a ) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or ( b ) where the person is not an individual — a fine not exceeding $100,000. (2) A person who is guilty of an offence under section 19(3) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $25,000; but (ii) where the person is a repeat offender — to a fine not exceeding $50,000. Division 2 &#x2014; Explosives and explosive precursors


document_id: gewca-2021
provision_ref: s21
chapter: PART 2 - OFFENCES
section: 21
title: Unauthorised use of explosive or explosive precursor
content:
21. —(1) A person commits an offence if — ( a ) the person uses an explosive or explosive precursor; and ( b ) the person is not one of the following: (i) a person granted a licence to use that explosive or explosive precursor; (ii) a class licensee authorised under a class licence to use that explosive or explosive precursor; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the use of that explosive or explosive precursor. (2) To avoid doubt, subsection (1)( a ) applies to a person regardless that the explosive or explosive precursor concerned was used other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s22
chapter: PART 2 - OFFENCES
section: 22
title: Unauthorised possession of explosive or explosive precursor
content:
22. —(1) A person commits an offence if — ( a ) the person stores or otherwise has possession of an object or a thing; ( b ) the object or thing is an explosive or explosive precursor; and ( c ) the storage or possession of that object or thing is not authorised under subsection (2). (2) The storage or possession by a person of an explosive or explosive precursor is authorised if — ( a ) for an unmarked plastic explosive — (i) the storage or possession — (A) is under a licence granted to the person to store or possess the unmarked plastic explosive; and (B) is in a quantity no greater than that necessary for the purpose of, and is solely for, any MARPLEX Convention excepted use; or (ii) the unmarked plastic explosive is an integral part of an explosive device that was manufactured exclusively for defence purposes of an authorised military or police personnel or a member of a visiting force lawfully present in Singapore, and the explosive device is for use exclusively for the defence purposes of that authorised military or police personnel or member of a visiting force lawfully present in Singapore; or ( b ) for any other explosive or explosive precursor, the person — (i) is granted a licence, or is a class licensee authorised under a class licence, to store or possess that explosive or explosive precursor; or (ii) is exempt from this section under section 87, 88 or 89 in relation to the person if the explosive is not an unmarked plastic explosive. (3) A person who is granted a licence to store an explosive or explosive precursor commits an offence if — ( a ) the person stores the explosive or explosive precursor at any place that is not a place or premises approved by a Licensing Officer for the storage of that explosive or explosive precursor; and ( b ) the person knows that, or is reckless as to whether, the place or premises is not so approved under paragraph ( a ). (4) To avoid doubt, subsection (1)( a ) applies to a person regardless that the explosive or explosive precursor concerned was stored other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s23
chapter: PART 2 - OFFENCES
section: 23
title: Unauthorised manufacture, etc., of explosives or explosive precursors
content:
23. —(1) A person commits an offence if — ( a ) the person manufactures, or takes part in the manufacture of, or disposes of, an object or a thing; ( b ) the object or thing is an explosive or explosive precursor; ( c ) the person knows that or is reckless as to whether the object or thing is an explosive or explosive precursor; and ( d ) the manufacture or disposal of that object or thing is not authorised under subsection (2) or (3). (2) The manufacture by a person of an explosive or explosive precursor is authorised if — ( a ) for an unmarked plastic explosive — (i) the manufacture — (A) is under a licence granted to the person to manufacture the unmarked plastic explosive; and (B) is in a quantity no greater than that necessary for the purpose of, and is solely for, any MARPLEX Convention excepted use; or ( b ) for any other explosive or explosive precursor, the person — (i) is granted a licence, or is a class licensee authorised under a class licence, to manufacture that explosive or explosive precursor; or (ii) is exempt from this section under section 87, 88 or 89 in relation to the person if the explosive is not an unmarked plastic explosive. (3) The disposal by a person of an explosive or explosive precursor is authorised if the disposal — ( a ) is under a licence granted to the person, or a class licence applying to the person, to dispose of that explosive or explosive precursor; or ( b ) is exempt from this section under section 87, 88 or 89 in relation to the person. (4) A person commits an offence if — ( a ) the person repairs or takes part in the repair of any object or thing; ( b ) the object or thing is an explosive device; ( c ) the person knows that or is reckless as to whether that object or thing is an explosive device; and ( d ) the person is not one of the following: (i) a person granted a licence to repair the explosive device; (ii) a class licensee authorised under a class licence to repair the explosive device; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the repair of the explosive device. (5) To avoid doubt, subsection (1) applies to a person regardless that the explosive or explosive precursor concerned was manufactured or disposed of other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s24
chapter: PART 2 - OFFENCES
section: 24
title: Unauthorised trade in explosives or explosive precursors
content:
24. —(1) A person commits an offence if — ( a ) the person — (i) imports or exports an object or a thing; or (ii) takes part in any activity in sub‑paragraph (i) in relation to an object or a thing; ( b ) the object or thing is an explosive or explosive precursor; ( c ) the person knows that, or is reckless as to whether, the object or thing is an explosive or explosive precursor; and ( d ) the import or export of that object or thing is not authorised under subsection (2). (2) The import or export by a person of an explosive or explosive precursor is authorised if — ( a ) for an unmarked plastic explosive — (i) the import or export — (A) is under a licence granted to the person to import or export the unmarked plastic explosive; and (B) is in a quantity no greater than that necessary for the purpose of, and is solely for, any MARPLEX Convention excepted use; or (ii) the unmarked plastic explosive is an integral part of an explosive device that was manufactured exclusively for defence purposes of an authorised military or police personnel or a member of a visiting force lawfully present in Singapore, and the explosive device is for use exclusively for the defence purposes of that authorised military or police personnel or member of a visiting force lawfully present in Singapore; or ( b ) for any other explosive or explosive precursor, the person — (i) is granted a licence, or is a class licensee authorised under a class licence, to import or export that explosive or explosive precursor; or (ii) is exempt from this section under section 87, 88 or 89 in relation to the person if the explosive is not an unmarked plastic explosive.


document_id: gewca-2021
provision_ref: s25
chapter: PART 2 - OFFENCES
section: 25
title: Unauthorised supply or conveyance of explosives or explosive precursors
content:
25. —(1) A person commits an offence if — ( a ) the person supplies or conveys any object or thing or takes part in the supply of any object or thing; ( b ) the object or thing is an explosive or explosive precursor; ( c ) the person knows that, or is reckless as to whether, the object or thing is an explosive or explosive precursor; and ( d ) the supply or conveyance of that object or thing is not authorised under subsection (2). (2) The supply or conveyance by a person of an explosive or explosive precursor is authorised if — ( a ) for an unmarked plastic explosive — (i) the supply or conveyance — (A) is under a licence granted to the person to supply or convey the unmarked plastic explosive; (B) is in a quantity no greater than that necessary for the purpose of, and is solely for, any MARPLEX Convention excepted use; and (C) is to an acquirer who is authorised (within the meaning of section 26) to possess the unmarked plastic explosive; or (ii) the unmarked plastic explosive is an integral part of an explosive device that was manufactured exclusively for defence purposes of an authorised military or police personnel or a member of a visiting force lawfully present in Singapore, and the explosive device is for use exclusively for the defence purposes of that authorised military or police personnel or member of a visiting force lawfully present in Singapore; or ( b ) for any other explosive or explosive precursor, the person — (i) is granted a licence, or is a class licensee authorised under a class licence, to supply or convey that explosive or explosive precursor; or (ii) is exempt from this section under section 87, 88 or 89 in relation to the person if the explosive is not an unmarked plastic explosive.


document_id: gewca-2021
provision_ref: s26
chapter: PART 2 - OFFENCES
section: 26
title: Unauthorised acquisition of explosives or explosive precursors
content:
26. —(1) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another and the person acquiring — ( a ) is not any of the following: (i) a person granted a licence to possess that explosive or explosive precursor; (ii) a class licensee authorised under a class licence to possess that explosive or explosive precursor; (iii) a person exempt from this section under section 87, 88 or 89 in relation to possession, import or export of that explosive or explosive precursor; or ( b ) is doing so in contravention of any condition of the person’s licence or class licence to possess that explosive or explosive precursor. (2) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another (called in this section the supplier) and — ( a ) the supplier — (i) is not any of the following: (A) a person granted a licence to supply that explosive or explosive precursor; (B) a class licensee authorised under a class licence to supply that explosive or explosive precursor; (C) a person exempt from this section under section 87, 88 or 89 in relation to the supply of that explosive or explosive precursor; or (ii) is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor; and ( b ) the person knows that, or is reckless as to whether, the supplier — (i) is not any of the persons in paragraph ( a )(i)(A), (B) or (C); or (ii) is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor. (3) Strict liability applies to subsection (1)( b ).


document_id: gewca-2021
provision_ref: s27
chapter: PART 2 - OFFENCES
section: 27
title: Penalties for offences for unlicensed regulated activities involving explosives, etc.
content:
27. A person who is guilty of an offence under section 21(1), 22(1) or (3), 23(1) or (4), 24(1), 25(1) or 26(1) or (2) shall — ( a ) if a prohibited explosive is involved, be punished on conviction with — (i) where the person is an individual — imprisonment for a term not exceeding 5 years and a fine not exceeding $100,000; or (ii) in any other case — a fine not exceeding $200,000; ( b ) if an explosive other than a prohibited explosive is involved, be punished on conviction with — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or (ii) in any other case — a fine not exceeding $100,000; or ( c ) where an explosive precursor is involved, be liable on conviction — (i) where the person is an individual — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or (ii) in any other case — to a fine not exceeding $100,000.


document_id: gewca-2021
provision_ref: s28
chapter: PART 2 - OFFENCES
section: 28
title: Breach of explosive, etc., licence conditions
content:
28. —(1) A person commits an offence if — ( a ) the person — (i) is granted a licence to carry on a regulated activity involving an explosive or explosive precursor; or (ii) is a class licensee authorised under a class licence to carry on a regulated activity involving an explosive or explosive precursor; and ( b ) the person carries on, when the licence or class licence (as the case may be) is in force, the regulated activity involving an explosive or explosive precursor in contravention of any condition of the person’s licence or class licence. (2) Strict liability applies to subsection (1)( b ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $25,000; but (ii) where the person is a repeat offender — to a fine not exceeding $50,000. (4) For the purpose of the reference in subsection (3) to “repeat offender” in relation to an offence under subsection (1), an offence under section 5(2), 6(3), 13(4), 21A(2) or 21D(2) of the Arms and Explosives Act repealed by this Act and involving an unmarked plastic explosive, explosive or explosive precursor, is a countable offence in respect of an offence under subsection (1). Division 3 &#x2014; Weapons and noxious substances


document_id: gewca-2021
provision_ref: s29
chapter: PART 2 - OFFENCES
section: 29
title: Unauthorised possession of weapons and noxious substances
content:
29. —(1) A person commits an offence if — ( a ) the person possesses a weapon or noxious substance at any place or premises; and ( b ) the person is not one of the following: (i) a person granted a licence to possess that weapon or noxious substance at that place or premises; (ii) a class licensee authorised under a class licence to possess that weapon or noxious substance at that place or premises; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the possession of that weapon or noxious substance at that place or premises. (2) To avoid doubt, subsection (1)( a ) applies to a person regardless that the weapon or noxious substance concerned was in the person’s possession other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s30
chapter: PART 2 - OFFENCES
section: 30
title: Unauthorised manufacture, etc., of weapons
content:
30. —(1) A person commits an offence if — ( a ) the person manufactures or takes part in the manufacture, or disposes of, any object or thing; ( b ) the object or thing is a weapon or noxious substance; ( c ) the person knows that or is reckless as to whether the object or thing is a weapon or noxious substance; and ( d ) the person is not one of the following: (i) a person granted a licence to manufacture or dispose of the weapon or noxious substance; (ii) a class licensee authorised under a class licence to manufacture or dispose of the weapon or noxious substance; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the manufacture or disposal of the weapon or noxious substance. (2) A person commits an offence if — ( a ) the person repairs or takes part in the repair of any object or thing; ( b ) the object or thing is a weapon; ( c ) the person knows that or is reckless as to whether the object or thing is a weapon; and ( d ) the person is not one of the following: (i) a person granted a licence to repair the weapon; (ii) a class licensee authorised under a class licence to repair the weapon; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the repair of the weapon. (3) To avoid doubt, subsections (1) and (2) apply to a person regardless that the weapon or noxious substance concerned was manufactured, disposed of or repaired other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s31
chapter: PART 2 - OFFENCES
section: 31
title: Unauthorised trade in weapons or noxious substances
content:
31. A person commits an offence if — ( a ) the person — (i) imports or exports an object or a thing; or (ii) takes part in any activity in sub‑paragraph (i) in relation to an object or a thing; ( b ) the object or thing is a weapon or noxious substance; ( c ) the person knows that, or is reckless as to whether, the object or thing is a weapon or noxious substance; and ( d ) the person is not one of the following: (i) a person granted a licence to import or export that weapon or noxious substance; (ii) a class licensee authorised under a class licence to import or export that weapon or noxious substance; (iii) a person exempt from this section under section 87, 88 or 89 in relation to the import or export of that weapon or noxious substance.


document_id: gewca-2021
provision_ref: s32
chapter: PART 2 - OFFENCES
section: 32
title: Unauthorised supply or conveyance of weapons or noxious substances
content:
32. —(1) A person commits an offence if — ( a ) the person supplies or conveys a weapon or noxious substance; and ( b ) the person is not one of the following: (i) a person granted a licence to supply or convey the weapon or noxious substance; (ii) a class licensee authorised under a class licence to supply or convey the weapon or noxious substance; (iii) a person exempt from this section under section 87, 88 or 89 in relation to supplying or conveying the weapon or noxious substance. (2) To avoid doubt, subsection (1) applies to a person regardless that the weapon or noxious substance concerned was supplied or conveyed other than in the course of carrying on a business.


document_id: gewca-2021
provision_ref: s33
chapter: PART 2 - OFFENCES
section: 33
title: Unauthorised acquisition of weapon or noxious substance
content:
33. —(1) A person commits an offence if the person acquires, or takes part in the acquisition of, a weapon or noxious substance from another and the person acquiring — ( a ) is not any of the following: (i) a person granted a licence to possess that weapon or noxious substance; (ii) a class licensee authorised under a class licence to possess that weapon or noxious substance; (iii) a person exempt from this section under section 87, 88 or 89 in relation to possession of that weapon or noxious substance; or ( b ) is doing so in contravention of any condition of the person’s licence or class licence to possess that weapon or noxious substance. (2) Strict liability applies to subsection (1)( b ). (3) A person commits an offence if the person acquires, or takes part in the acquisition of, a weapon or noxious substance from another (called in this section the supplier) and — ( a ) the supplier — (i) is not any of the following: (A) a person granted a licence to supply that weapon or noxious substance; (B) a class licensee authorised under a class licence to supply that weapon or noxious substance; (C) a person exempt from this section under section 87, 88 or 89 in relation to the supply of that weapon or noxious substance; or (ii) is supplying the weapon or noxious substance (as the case may be) in contravention of any condition of the supplier’s licence or class licence to supply that weapon or noxious substance; and ( b ) the person knows that, or is reckless as to whether, the supplier — (i) is not any of the persons in paragraph ( a )(i)(A), (B) or (C); or (ii) is supplying the weapon or noxious substance in contravention of any condition of the supplier’s licence or class licence to supply that weapon or noxious substance.


document_id: gewca-2021
provision_ref: s34
chapter: PART 2 - OFFENCES
section: 34
title: Penalties for offences for unlicensed regulated activities involving weapons or noxious substances
content:
34. A person who is guilty of an offence under section 29(1), 30(1) or (2), 31, 32(1) or 33(1) or (3) shall on conviction be punished with — ( a ) if a prohibited weapon is involved — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $40,000; or (ii) in any other case — a fine not exceeding $80,000; or ( b ) if a noxious substance or a weapon other than a prohibited weapon is involved — (i) where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or (ii) in any other case — a fine not exceeding $40,000.


document_id: gewca-2021
provision_ref: s35
chapter: PART 2 - OFFENCES
section: 35
title: Breach of weapon or noxious substance licence condition
content:
35. —(1) A person commits an offence if — ( a ) the person — (i) is granted a licence to carry on a regulated activity involving a weapon or noxious substance; or (ii) is a class licensee authorised under a class licence to carry on a regulated activity involving a weapon or noxious substance; and ( b ) the person carries on, when the licence or class licence (as the case may be) is in force, the regulated activity in contravention of any condition of the person’s licence or class licence. (2) Strict liability applies to subsection (1)( b ). (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $10,000; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000. (4) For the purpose of the reference in subsection (3) to “repeat offender” in relation to an offence under subsection (1), an offence under section 13(3) or (4) of the Arms and Explosives Act repealed by this Act not involving a gun or an unmarked plastic explosive, explosive or explosive precursor, is a countable offence in respect of an offence under subsection (1). Division 4 &#x2014; Other offences


document_id: gewca-2021
provision_ref: s36
chapter: PART 2 - OFFENCES
section: 36
title: Loss of guns and explosives, etc.
content:
36. —(1) A person commits an offence if the person — ( a ) possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; and ( b ) fails to take all reasonable steps to ensure each of the following: (i) the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is kept or stored safely in the prescribed manner; (ii) the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is not lost or stolen; (iii) the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) does not come into the possession of someone who is not authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance. (2) A person commits an offence if — ( a ) the person possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; ( b ) the gun, major part of a gun or gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is lost, stolen or destroyed; ( c ) the person knows about the loss, theft or destruction; and ( d ) the person fails, without delay after the day the person becomes aware of the loss, theft or destruction, to — (i) tell the Licensing Officer about the loss, theft or destruction; and (ii) give the Licensing Officer particulars of the loss, theft or destruction (if any) prescribed by the Regulations. (3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (4) A police officer may, without warrant, seize any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance that the police officer has reasonable grounds to believe is not being kept or stored in accordance with subsection (1).


document_id: gewca-2021
provision_ref: s37
chapter: PART 2 - OFFENCES
section: 37
title: Misuse of licence
content:
37. —(1) A person commits an offence if the person — ( a ) with intent to deceive — (i) adds to a licence any words or figures extraneous to the licence as granted; (ii) alters on or erases from any licence any words or figures; or (iii) uses or retains any licence — (A) to which have been added any words or figures extraneous to the licence as granted; (B) from which any words or figures have been erased from the licence as granted; or (C) on which any words or figures on the licence as granted have been altered; ( b ) being the person to whom a licence is granted, wilfully parts with possession of that licence in order that it may be used by another person; or ( c ) uses or attempts to use a licence granted to another person with the intention of procuring the possession of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 36 months or to both.


document_id: gewca-2021
provision_ref: s38
chapter: PART 2 - OFFENCES
section: 38
title: Unauthorised transfer of guns, explosives, etc.
content:
38. —(1) A person commits an offence if the person — ( a ) transfers, or takes part in the transfer of, a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to another (called in this section the acquirer); and ( b ) intentionally or negligently does not do any of the following before transferring the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance: (i) request the acquirer to show to the person the acquirer’s licence to possess or use the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) and inspect the licence; (ii) request the acquirer to show that the acquirer is a class licensee authorised under a class licence to possess or use that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance. (2) A person who is guilty of an offence under subsection (1) shall — ( a ) if a gun is involved, be punished with — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable: (A) not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower; (B) not exceeding $50,000; or (ii) where the person is not an individual — a fine as follows, whichever is applicable: (A) not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower; (B) not exceeding $100,000; ( b ) if a major part of a gun is involved, be punished with — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or (ii) where the person is not an individual — a fine not exceeding $100,000; ( c ) if a gun accessory is involved, be punished with — (i) where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or (ii) where the person is not an individual — a fine not exceeding $40,000; ( d ) if an explosive is involved, be punished with — (i) where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or (ii) in any other case — a fine not exceeding $100,000; ( e ) if an explosive precursor is involved, be liable on conviction — (i) where the person is an individual — to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both; or (ii) in any other case — to a fine not exceeding $100,000; or ( f ) if a noxious substance or a weapon is involved, be punished with — (i) where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or (ii) in any other case — a fine not exceeding $40,000. (3) Subsection (1) does not apply in relation to the surrender of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance, to a police officer or in compliance with section 39.


document_id: gewca-2021
provision_ref: s39
chapter: PART 2 - OFFENCES
section: 39
title: Surrender of guns, etc., by unauthorised persons
content:
39. —(1) A person commits an offence if — ( a ) the person — (i) comes into possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance but is not authorised by or under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or Illustration A person who has possession of the gun because of the death of the individual licensed to possess it, by inheritance or as estate administrator. A person who discovers in the course of excavating his land for building works unearths an undetonated bomb from the time of the Japanese Occupation of Singapore. (ii) continues in possession of a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance when the person stops being authorised under this Act to use, store or possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; and ( b ) the person intentionally or negligently fails, without delay, to surrender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) to a police officer or a person designated by the Licensing Officer for the purpose of this section. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the person is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — (i) to a fine not exceeding $20,000; but (ii) where the person is a repeat offender — to a fine not exceeding $40,000. (3) In this section, a person stops being authorised under this Act to possess or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance if any of the following apply: ( a ) the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) expires or is revoked; ( b ) the person’s licence to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is suspended for the time the licence is suspended; ( c ) the person’s class licence stops applying to the person.


document_id: gewca-2021
provision_ref: s40
chapter: PART 2 - OFFENCES
section: 40
title: Offences arrestable
content:
40. Every offence under this Part is arrestable for the purposes of the Criminal Procedure Code (Cap. 68).


document_id: gewca-2021
provision_ref: s41
chapter: PART 3 - SECURITY CLEARANCE
section: 41
title: Meaning of “close associate” of licensee or applicant
content:
41. —(1) For the purposes of this Act, a person is a “close associate” of an applicant or a licensee if — ( a ) the person alone — (i) holds 5% or more of the total equity interests in; or (ii) is in a position to control 5% or more of the voting power in, the applicant or licensee if it is an entity, a business trust or trust; or ( b ) the person holds or will hold any relevant position in the business of the applicant or licensee relating to any regulated activity. (2) A reference in this Division to the control of a percentage of the voting power in an entity, business trust or trust is a reference to the control, of that percentage of the total number of votes that might be cast in a general meeting of the entity, a general meeting of the unitholders of the business trust, or a general meeting of the beneficiaries of the trust, as the case may be. (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. (4) In this Part — ( a ) a reference to the business or undertaking of a business trust is a reference to the business or undertaking carried on by the trustee‑manager of the business trust on behalf of the business trust; and ( b ) a reference to the business or undertaking of a trust is a reference to the business or undertaking carried on by the trustee of the trust on behalf of the trust. (5) In this Division — “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “business trust” has the meaning given by section 2 of the Business Trusts Act (Cap. 31A); “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “corporation” has the meaning given by section 4(1) of the Companies Act; “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate; “equity interest” means — ( a ) in relation to a corporation — a voting share in that corporation; ( b ) in relation to an entity other than a corporation — any right or interest, whether legal or equitable, in that entity (by whatever name called) which gives the holder of that right or interest voting power in that entity; ( c ) in relation to a business trust — a unit in that business trust; and ( d ) in relation to a trust other than a business trust — any right or interest, whether legal or equitable, in that trust (by whatever name called) which gives the holder of that right or interest voting power in that trust; “hold a position” includes holding the position for someone else; “relevant position”, in a business of an applicant or a licensee, means the position of a responsible executive and includes a position (however styled) whose holder participates in the management of the business; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act; “trustee-manager” and “unit” have the meanings given by section 2 of the Business Trusts Act; “unitholder” means a person who holds units in a business trust; “voting share” has the meaning given by section 4(1) of the Companies Act but does not include a treasury share.


document_id: gewca-2021
provision_ref: s42
chapter: PART 3 - SECURITY CLEARANCE
section: 42
title: Meaning of holding an equity interest
content:
42. —(1) For the purpose of this Part, a person holds an equity interest if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (6); or ( b ) otherwise has a legal or an equitable interest in that equity interest, except for any interest prescribed by the Regulations as an interest that is to be disregarded. (2) Subject to subsection (3), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (3) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (2) is, or is capable of being made, subject to restraint or restriction. (4) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. (5) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) that person knows, or has reasonable grounds for believing, that that person has an interest under that trust. (6) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative to vote (as the case may be) at a general meeting of the entity, a general meeting of the unitholders of the business trust, or a general meeting of the beneficiaries of the trust in question) to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or an equitable interest. Division 2 &#x2014; Security clearance


document_id: gewca-2021
provision_ref: s43
chapter: PART 3 - SECURITY CLEARANCE
section: 43
title: Security clearance a prerequisite for licence, etc.
content:
43. —(1) An individual is not eligible for a licence, or to continue to hold a licence, unless the individual has a security clearance that is in force. (2) A person that is not an individual is not eligible for a licence, or to continue to hold a licence, unless — ( a ) all of its responsible executives each has a security clearance that is in force; and ( b ) at least one close associate of the person has a security clearance that is in force. (3) A security clearance may be granted or cancelled by a Licensing Officer in accordance with this Division.


document_id: gewca-2021
provision_ref: s44
chapter: PART 3 - SECURITY CLEARANCE
section: 44
title: Validity of security clearance
content:
44. —(1) A security clearance for an individual remains in force (unless earlier cancelled) for the shortest of the following periods: ( a ) a period of 2 years after it is granted; ( b ) if the individual is or is to be a responsible executive of a licensee, or is or is to be employed or required to work with or for a licensee, the period the individual is a responsible executive of the licensee or is an employee or otherwise required to work with or for the licensee; ( c ) if the individual is a licensee, the period the licence is in force. (2) However, a security clearance is not treated as in force during any period it is suspended. (3) A security clearance relating to an individual is not transferable.


document_id: gewca-2021
provision_ref: s45
chapter: PART 3 - SECURITY CLEARANCE
section: 45
title: Granting security clearance
content:
45. —(1) For the purpose of determining whether or not to grant or cancel a security clearance for an individual, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters: ( a ) any available information with respect to the participation of the individual in any criminal activity, whether or not there is a conviction, including and not limited to — (i) an offence under the Arms and Explosives Act before the date of commencement of section 98( a ); (ii) an offence under the Dangerous Fireworks Act (Cap. 72) or the Explosive Substances Act (Cap. 100) before the date of commencement of section 98( b ) or ( c ); (iii) an offence under this Act; or (iv) an offence under the Arms Offences Act (Cap. 14) or the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65); ( b ) whether the individual has a history of violence or threats of violence, including behaviour mentioned in section 3, 4, 5, 6 or 7 of the Protection from Harassment Act (Cap. 256A); ( c ) whether, because of the individual’s physical or mental health, the individual may not handle guns, major parts of guns, gun accessories, explosives, explosive precursors, weapons or noxious substances (as the case may be) responsibly; ( d ) any evidence of the exercise of any power under section 66 or 67 — (i) in relation to the individual as a licensee or class licensee; or (ii) in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was — (A) a responsible executive or close associate of; or (B) a special worker employed or required to work with or for, that licensee or former licensee, when the power was exercised; ( e ) any other relevant information as to whether it would be contrary to the public interest or national security of Singapore for the individual to handle or otherwise have access to a gun, a major part of a gun, a gun accessory, an explosive or explosive precursor, a weapon or noxious substance. (2) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of a Licensing Officer, provide a report in respect of any one or more of the matters in subsection (1) for the purposes of a security clearance under this Act. (3) If a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual, the Licensing Officer must, by written notice given to — ( a ) the individual; and ( b ) any licensee that the individual — (i) is or is to be a responsible executive of, or a special worker who works for or with the licensee; or (ii) is a close associate of, notify the individual and licensee of the refusal within 28 days after the decision to refuse is made. (4) If — ( a ) a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual on the ground that the Licensing Officer is satisfied that to grant the security clearance would be contrary to the public interest or national security of Singapore; and ( b ) the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information, the Licensing Officer is not required to provide any reasons for the Licensing Officer’s refusal decision other than that the decision was made on public interest or national security grounds under this section.


document_id: gewca-2021
provision_ref: s46
chapter: PART 3 - SECURITY CLEARANCE
section: 46
title: Cancellation of security clearance
content:
46. —(1) A Licensing Officer may by written notice given to an individual cancel a security clearance for the individual if the Licensing Officer — ( a ) is satisfied that the individual is being investigated or proceeded against for participating in any criminal activity, such as but not limited to — (i) an offence under the Arms and Explosives Act committed before the date of commencement of section 98( a ); (ii) an offence under this Act; (iii) an offence under the Arms Offences Act or the Corrosive and Explosive Substances and Offensive Weapons Act; (iv) an offence under the Dangerous Fireworks Act or the Explosive Substances Act committed before the date of commencement of section 98( b ) or ( c ); or (v) an offence under Chapter XVI of the Penal Code (Cap. 224); ( b ) becomes aware of a circumstance in section 45(1) that would have allowed the Licensing Officer to refuse to grant the individual the security clearance, had the Licensing Officer been aware of the circumstance immediately before granting the security clearance; ( c ) is satisfied that the security clearance had been obtained by the individual by fraud or misrepresentation; or ( d ) is satisfied that the public interest or national security of Singapore requires. (2) A Licensing Officer may give a notice under subsection (1) only after providing the individual concerned a reasonable opportunity to be heard, except that such an opportunity need not be given if there are reasonable grounds for the Licensing Officer to believe that it is appropriate or requisite to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public. (3) If a Licensing Officer cancels a security clearance for an individual, the Licensing Officer must, by written notice given to — ( a ) the individual; and ( b ) any licensee that the individual — (i) is or is to be a responsible executive of, or a special worker who works for or with the licensee; or (ii) is a close associate of, notify the individual and licensee of the cancellation within 28 days after the decision to cancel is made. (4) If — ( a ) a Licensing Officer cancels a security clearance for an individual on the ground that the Licensing Officer is satisfied that the public interest or national security of Singapore requires the cancellation; and ( b ) the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information, the Licensing Officer is not required to provide any reasons for the Licensing Officer’s decision other than that the decision was made on public interest or national security grounds under this section. Division 3 &#x2014; Offences


document_id: gewca-2021
provision_ref: s47
chapter: PART 3 - SECURITY CLEARANCE
section: 47
title: Special workers need security clearance
content:
47. —(1) A licensee commits an offence if — ( a ) the licensee causes or allows an individual to work with or for, or to continue to work with or for, the licensee as a special worker; and ( b ) the licensee knows that, or is reckless as to whether, the individual’s security clearance to be a special worker is not in force. (2) An individual commits an offence if — ( a ) he or she works with or for, or continues to work with or for, a licensee as a special worker; and ( b ) he or she knows that, or is reckless as to whether, his or her security clearance to be a special worker is not in force. (3) Subject to subsection (5), a person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) where the offence involves any gun, major part of a gun or explosives — (i) for a person who is an individual — (A) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (B) where the person is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or (ii) for a person who is not an individual — (A) to a fine not exceeding $25,000; but (B) where the person is a repeat offender — to a fine not exceeding $50,000; or ( b ) where the offence involves gun accessories, weapons or noxious substances — (i) for a person who is an individual — (A) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but (B) where the person is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or (ii) in any other case — (A) to a fine not exceeding $10,000; but (B) where the person is a repeat offender — to a fine not exceeding $20,000. (4) Subject to subsection (5), an individual who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) where the offence involves guns, major parts of a gun, explosives or explosive precursors — (i) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) where the offence involves gun accessories, weapons or noxious substances — (i) to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both; but (ii) where the individual is a repeat offender — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (5) Where in proceedings for an offence under subsection (1) or (2), it is proved that an individual worked with or for, or continued to work with or for, a licensee despite the individual’s security clearance to be a special worker being not in force, and the work involved a combination of — ( a ) guns, major parts of a gun, explosives or explosive precursors; and ( b ) gun accessories, weapons or noxious substances, a person convicted or found guilty of committing the offence under subsection (1) shall be liable instead to the punishment in subsection (3)( a ), and a person convicted or found guilty of committing the offence under subsection (2) shall be liable instead to the punishment in subsection (4)( a ).


document_id: gewca-2021
provision_ref: s48
chapter: PART 3 - SECURITY CLEARANCE
section: 48
title: Notice about close associates
content:
48. —(1) If a person becomes, on or after the appointed day, a close associate of a licensee, that licensee must, within 7 days after the person becomes a close associate, give written notice to a Licensing Officer of that fact. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for an offender who is an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but (ii) where the person is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or ( b ) for an offender who is not an individual — (i) to a fine not exceeding $15,000; but (ii) where the person is a repeat offender — to a fine not exceeding $30,000. (3) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified a Licensing Officer of the contravention within a period of 14 days after becoming aware of the contravention. (4) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the entity, business trust or trust, as the case may be; ( b ) the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the entity, business trust or trust, as the case may be; and ( c ) the accused notified a Licensing Officer of the contravention within a period of 7 days after the contravention. (5) Except as provided in subsections (3) and (4), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1).


document_id: gewca-2021
provision_ref: s49
chapter: PART 4 - LICENSING
section: 49
title: Classes of licences
content:
49. The Licensing Officer designated by the Minister may subdivide licences to be granted under this Part into classes, such as according to any of the following: ( a ) the construction, or category or kind, of gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon, noxious substance, shooting range or paintball range, involved in the regulated activity authorised by the licence; ( b ) the nature of the regulated activity, including the kind of handling of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance and the circumstances of the handling of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( c ) the number or other quantity of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons or noxious substances involved in the regulated activity authorised by the licence; ( d ) the place or premises where the regulated activity authorised by the licence is being or is to be carried on.


document_id: gewca-2021
provision_ref: s50
chapter: PART 4 - LICENSING
section: 50
title: Application for or to renew licence
content:
50. —(1) An application for or to renew a licence must be made to a Licensing Officer in accordance with this section. (2) An application for or to renew a licence must — ( a ) be in the form and manner a Licensing Officer specifies; ( b ) be accompanied by an application fee, if prescribed; ( c ) contain — (i) an address in Singapore at which notices and other documents under this Act for the applicant may be served; or (ii) the name and address of one or more persons in Singapore authorised by the applicant to accept on the applicant’s behalf service of notices and other documents under this Act; and ( d ) be accompanied by the prescribed information and any other additional information that the Licensing Officer requires to decide on the application. (3) In addition, an application to renew a licence must be made no later than a prescribed period before the date of expiry of the licence, unless otherwise allowed by the Licensing Officer in any particular case which must then be treated as a late renewal application. (4) A Licensing Officer may refuse to consider an application for or to renew a licence — ( a ) that is incomplete or not made in accordance with this section; or ( b ) where an inspection mentioned in subsection (5) in relation to the application is refused. (5) Upon receiving an application for or to renew a licence, a Licensing Officer may carry out, or arrange to be carried out by any authorised officer, such investigations and inquiries in relation to the application as the Licensing Officer considers necessary for a proper consideration of the application, which may include an inspection of either or both the following: ( a ) the place or premises on or at which the applicant intends to carry on the regulated activity to be authorised by the licence; ( b ) any vehicle, equipment or other thing which the applicant intends to use to carry on the regulated activity in the application. (6) A person commits an offence if the person, being an applicant for the grant of a licence — ( a ) provides, or causes or permits to be provided, any document or information in connection with the application, which is false in a material particular; and ( b ) knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular. (7) A person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: gewca-2021
provision_ref: s51
chapter: PART 4 - LICENSING
section: 51
title: Grant of licences
content:
51. —(1) After considering any application under section 50 for or to renew a licence, a Licensing Officer may — ( a ) on payment of — (i) the applicable licence fee (if prescribed), grant the applicant a licence authorising the applicant to carry on the regulated activity to be authorised by the licence; or (ii) a renewal fee (if prescribed) or, in the case of a late renewal application a late renewal fee (if prescribed), renew the licence; or ( b ) refuse to grant or renew the licence, as the case may be. (2) In deciding whether an applicant should be granted a licence, or the applicant’s licence should be renewed, and the conditions to impose or modify, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters: ( a ) whether the applicant is or is not — (i) intending to carry on any other regulated activity; or (ii) a holder of another licence or already a class licensee; ( b ) the design and safety of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance to be involved in carrying on the regulated activity in the application; ( c ) the adequacy of places or premises proposed to be used in carrying on the regulated activity in the application; ( d ) whether the applicant and where necessary, whether every responsible executive of the applicant is a suitable person to be involved in carrying on the regulated activity in the application; ( e ) the security clearance that is required under Part 3 for — (i) every responsible executive of the applicant; (ii) every close associate of the applicant; and (iii) every individual undertaking or intending to undertake work as a special worker for or with the applicant in connection with the regulated activity; ( f ) whether the applicant is a corporation, partnership, limited liability partnership or an unincorporated association; ( g ) whether the applicant has nominated or will nominate at least one individual who satisfies the prescribed qualifications as a representative staff if a licence is granted; ( h ) whether it is otherwise contrary to the public interest or national security of Singapore for the licence to be granted to the applicant. (3) However, a licence must not be granted or renewed authorising the carrying on of any regulated activity where the regulated activity involves or is to involve a prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon, unless that regulated activity is — ( a ) to destroy the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon; or ( b ) to convey the prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon (as the case may be) for the purpose of its destruction. (4) For the purpose of determining whether or not a person or an individual mentioned in subsection (2)( d ) is a suitable person to be involved in carrying on a regulated activity, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters: ( a ) the person’s or individual’s relevant knowledge, competency and experience in matters connected with the regulated activity in the application; ( b ) whether, because of the individual’s physical or mental health, the individual may not handle any gun, major part of a gun, gun accessory, explosive, weapon or noxious substance (as the case may be) responsibly; ( c ) whether the applicant does or does not have (or is likely or unlikely to have) the financial capacity and ability to carry on the regulated activity in the application according to the provisions of this Act and the applicable standards; ( d ) any available information with respect to the participation of the applicant in any criminal activity; ( e ) any evidence of the exercise of any power under section 66 or 67 — (i) in relation to the person or individual for committing an offence under this Act, or for contravening any direction given under this Act; or (ii) in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was an officer when the power was exercised. (5) To avoid doubt — ( a ) a Licensing Officer is not confined to consideration of the matters specified in subsection (2), (3) or (4) and may take into account such other matters and evidence as may be relevant; and ( b ) this Act applies to an application for the renewal of a licence as if it were an application for a new licence. (6) Without affecting subsection (1), a Licensing Officer may grant a renewal of a licence (of any class) with or without modifying the conditions of the licence, but section 54(2), (3) and (4) does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.


document_id: gewca-2021
provision_ref: s52
chapter: PART 4 - LICENSING
section: 52
title: Licence validity
content:
52. —(1) Every licence granted under this Part is in force for the period specified in the licence — ( a ) except when it is suspended under section 66; or ( b ) unless it is earlier revoked under section 66. (2) Every licence must be in the form the Licensing Officer determines.


document_id: gewca-2021
provision_ref: s53
chapter: PART 4 - LICENSING
section: 53
title: Conditions of licences
content:
53. —(1) In granting a licence to any person, a Licensing Officer may impose such conditions as the Licensing Officer considers requisite or expedient having regard to the purposes of this Act. (2) In particular, in granting a licence authorising a regulated activity, a Licensing Officer may impose conditions — ( a ) fixing the type of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the regulated activity; ( b ) fixing the maximum or minimum number or quantity, or both, of the guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the regulated activity during the validity period of the licence or any part of that period; ( c ) fixing the place or premises in Singapore within which the licensee may carry on the regulated activity; ( d ) requiring a serial number to be engraved on or affixed to every gun, major part of a gun, gun accessory, explosive, explosive precursor or weapon involved in the regulated activity; ( e ) requiring the licensee — (i) to appoint, and ensure that at all times there is appointed, one or more persons in Singapore authorised by the licensee to accept on the licensee’s behalf service of notices and other documents under this Act; and (ii) to provide the name, address and contact details of the person or persons appointed as required by sub‑paragraph (i); ( f ) requiring the licensee — (i) to nominate, and ensure that at all times there is nominated, one or more representative staff each of whom satisfies the prescribed qualifications; and (ii) to provide the name, address and contact details of the representative staff so nominated; ( g ) requiring the licensee to undergo (at its own cost) such audit as the Licensing Officer may require to ascertain the licensee’s compliance with — (i) the provisions of this Act or a standard applicable to the licensee; (ii) the conditions of the licence granted to that licensee; or (iii) a direction given under this Act. (3) An audit referred to in subsection (2)( g ) must be carried out by authorised officers or other officers of the Licensing Officer or such qualified individuals approved by the Licensing Officer for that purpose.


document_id: gewca-2021
provision_ref: s54
chapter: PART 4 - LICENSING
section: 54
title: Modifying conditions of licence
content:
54. —(1) Subject to this section, it is lawful for a Licensing Officer to modify the conditions of a licence without compensating the licensee concerned. (2) Before modifying any condition of a licence, a Licensing Officer must give notice to the licensee holding that licence — ( a ) stating that the Licensing Officer proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being not less than 7 days from the date of service of notice on the licensee) within which the licensee may make written representations to the Licensing Officer with respect to the proposed modification. (3) Upon receiving any written representation referred to in subsection (2), the Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification of any condition of a licence in such manner as the Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the Licensing Officer rejects any written representation under subsection (3)( a ); ( b ) the Licensing Officer amends any proposed modification to any condition of a licence under subsection (3)( b ); or ( c ) no written representation is received by the Licensing Officer within the time specified in subsection (2)( b ), or any written representation made under that subsection is subsequently withdrawn, the Licensing Officer must issue a written direction to the licensee in question requiring the licensee, within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Licensing Officer, as the case may be.


document_id: gewca-2021
provision_ref: s55
chapter: PART 4 - LICENSING
section: 55
title: Restriction on transfer and surrender of licence
content:
55. —(1) A licence, and any rights, benefits or privileges under the licence, are not transferable or assignable to any other person unless — ( a ) the licence contains a condition authorising the transfer or assignment; and ( b ) a Licensing Officer consents in writing to the transfer or assignment. (2) Any consent under subsection (1) may be given subject to compliance with such conditions as the Licensing Officer thinks fit to impose, which may include conditions modifying, or requiring or otherwise providing for the making of modifications to, the conditions of the licence; but section 54(2), (3) and (4) does not apply to or in relation to these modifications to the conditions of the licence. (3) A transfer or an assignment, or purported transfer or assignment, of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect — ( a ) if the licence is not capable of transfer or assignment; ( b ) if the transfer or assignment, or purported transfer or assignment, is in breach of a condition of the licence; or ( c ) if there has, before the transfer or assignment or purported transfer or assignment, been a contravention of a condition subject to compliance with which the consent required by subsection (1) is given. (4) Every licence is not capable of being surrendered without the written consent of a Licensing Officer, and any surrender or purported surrender of a licence is void if it is without such consent. Division 2 &#x2014; Class licences


document_id: gewca-2021
provision_ref: s56
chapter: PART 4 - LICENSING
section: 56
title: Class licence
content:
56. —(1) The Minister may, by order in the Gazette , determine a class licence that authorises a person to which the order applies to carry on a regulated activity or a class or description of regulated activity without a licence granted under this Part — ( a ) for a specified period or indefinitely, or to an extent specified in that order; and ( b ) subject to such conditions as may be specified in that order. (2) To avoid doubt, there may be more than one class licence determined, and according (but not limited) to any of the following: ( a ) the construction or type of gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon, noxious substance, shooting range or paintball range involved in the regulated activity; ( b ) the nature of the regulated activity; ( c ) the number or other quantity of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the regulated activity; ( d ) the place or premises where the regulated activity authorised by the licence is being or is to be carried on. (3) An order under subsection (1) continues in force, unless it is revoked, for such period as may be specified in the order. (4) The carrying on of a regulated activity by a class licensee to which a class licence applies is deemed authorised by this Act if it is done in accordance with the conditions of the class licence.


document_id: gewca-2021
provision_ref: s57
chapter: PART 4 - LICENSING
section: 57
title: Variation and revocation of class licence
content:
57. —(1) Subject to this section, the Minister may, by order in the Gazette , vary a class licence by — ( a ) varying or revoking any condition specified in the class licence; or ( b ) specifying additional conditions of the class licence. (2) Before varying a class licence or revoking an order under section 56 for a class licence, a Licensing Officer designated by the Minister must, unless it considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that — ( a ) states that the Minister proposes to vary the class licence, or to end the class licence; ( b ) describes the proposed variation or ending; and ( c ) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least 14 days after the date of publication of the notice. (3) A notice under subsection (2) must be published on the prescribed website or in one or more other forms that are readily accessible by the public. (4) The Minister must, before varying a class licence determined under an order under section 56 or revoking such an order, give due consideration to any representations made to a Licensing Officer pursuant to the notice given in accordance with subsection (2).


document_id: gewca-2021
provision_ref: s58
chapter: PART 4 - LICENSING
section: 58
title: Conditions applicable to class licensee
content:
58. —(1) Without limiting section 56(1) or 57, the conditions subject to which a class licensee may carry on a regulated activity under a class licence may include any of the following requirements: ( a ) to do or not to do such things as are specified or are of a description specified, except insofar as the Licensing Officer specified in that class licence consents to the class licensee doing or not doing them; ( b ) to refer for determination by the Licensing Officer specified in that class licence such questions arising under the class licence or are of a description specified; ( c ) to provide information and reports to the Licensing Officer specified in that class licence about the class licensee and the regulated activity carried on; ( d ) to provide the Licensing Officer specified in that class licence — (i) an address in Singapore at which notices and other documents under this Act for the class licensee may be served; or (ii) the name and address of one or more persons in Singapore authorised by the class licensee to accept on the class licensee’s behalf service of notices and other documents under this Act; ( e ) to nominate, and ensure that at all times there is nominated, one or more representative staff each of whom satisfies the prescribed qualifications, and to provide the Licensing Officer specified in that class licence the name, address and contact details of the representative staff so nominated. (2) In particular, a class licence may provide that the class licence applies to a person subject to a condition precedent that requires that person — ( a ) to notify the Licensing Officer about the person’s identity and other particulars about the regulated activity carried on by the person; and ( b ) to pay a charge to the Licensing Officer for receiving the notification.


document_id: gewca-2021
provision_ref: s59
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 59
title: Change in management of licensee
content:
59. —(1) Where a licensee is a corporation, partnership, limited liability partnership or an unincorporated association, it is a condition of its licence that the licensee to whom the licence is granted must notify a Licensing Officer of — ( a ) the resignation or removal of any responsible executive or any representative staff of the licensee, within the prescribed period after the date of resignation or removal, as the case may be; or ( b ) the death of any responsible executive or any representative staff of the licensee, within the prescribed period after the date the licensee becomes aware of that death. (2) This section applies even though a licence is suspended pursuant to section 66.


document_id: gewca-2021
provision_ref: s60
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 60
title: Accounts and statements
content:
60. —(1) A licensee must — ( a ) in respect of the whole or part (as the case may be) of every year, or other period prescribed in the Regulations if so prescribed, prepare such accounts and statements as are specified in, or ascertained in accordance with, the Regulations; ( b ) retain the accounts and statements prepared in accordance with paragraph ( a ) for 5 years after the end of the period to which they relate; ( c ) within such period allowed by a Licensing Officer, give the Licensing Officer those accounts and statements duly audited by an auditor approved by the Licensing Officer; and ( d ) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the licensee mentioned in paragraph ( a ), for such period and in such manner as prescribed in the Regulations. (2) A licensee must not prepare any accounts or statements required by subsection (1) in such a way that they do not correctly record and explain the matters or things to which they relate. (3) A licensee — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who intentionally or negligently contravenes the requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) Regulations may be made to vary the period mentioned in subsection (1)( b ).


document_id: gewca-2021
provision_ref: s61
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 61
title: Record-keeping and giving information
content:
61. —(1) A licensee must — ( a ) keep and retain, for such period as may be prescribed, records, where the records are relevant to monitoring or evaluating, under this Act, an aspect of the regulated activity as prescribed in the Regulations; and ( b ) give to the Licensing Officer, within the period and in the manner specified in the licence, information that is relevant to monitoring or evaluating, under this Act, an aspect of the regulated activity mentioned in paragraph ( a ). (2) A class licensee must — ( a ) keep and retain, for such period as may be prescribed in the class licence applicable to the class licensee, records where the records are relevant to monitoring or evaluating, under this Act, an aspect of the regulated activity as specified in the class licence; and ( b ) give to the Licensing Officer, within the period and in the manner prescribed in the class licence applicable to the class licensee, information that is relevant to monitoring or evaluating, under this Act, an aspect of the regulated activity as specified in the class licence. (3) A person who is subject to a requirement under subsection (1) or (2) to keep and retain or give any record or information commits an offence if the person — ( a ) intentionally or negligently contravenes the requirement under subsection (1) or (2) to keep, retain or give; ( b ) intentionally alters, suppresses or destroys any record or information which the person is required under subsection (1) or (2) to keep, retain or give; or ( c ) who, in keeping, retaining or giving the record or information required under subsection (1) or (2), makes any statement which the person knows to be false in a material particular, or recklessly makes such a statement. (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000. Division 2 &#x2014; Standards and directions


document_id: gewca-2021
provision_ref: s62
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 62
title: Standards for licensees and class licensees
content:
62. —(1) A Licensing Officer may — ( a ) issue one or more standards applicable to licensees or class licensees, or specified types of licensees or class licensees; ( b ) approve as a standard applicable to licensees or class licensees, or specified types of licensees or class licensees, any document prepared by a person other than the Licensing Officer if the Licensing Officer considers the document as suitable for this purpose; or ( c ) amend or revoke any standard issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the matters in subsection (2) or (3), as the case may be. (2) The matters for the purposes of subsection (1) include any of the following: ( a ) the design, construction, use and deployment of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in carrying on a regulated activity by a licensee or class licensee; ( b ) measures directed towards ensuring the maintenance of and keeping secure the carrying on of a regulated activity by a licensee or class licensee; ( c ) the safe and secure storage of guns, gun accessories, explosives, explosive precursors, weapons and noxious substances; ( d ) making guns inoperable or deactivating explosives; ( e ) other security or safety measures relating to regulated activities. (3) A standard may, in particular, specify the duties and obligations of any licensee or class licensee in relation to its business operation insofar as it relates to the carrying on of regulated activities authorised by its licence or class licence. (4) If any provision in any standard is inconsistent with any provision of this Act, that provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (5) Where a standard is issued, approved, amended or revoked by a Licensing Officer under subsection (1), the Licensing Officer must — ( a ) give notice of the issue, approval, amendment or revocation (as the case may be) of the standard to every licensee or class licensee to whom the standard applies; ( b ) specify in the notice mentioned in paragraph ( a ) the date of issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the standard remains in force, copies of that standard, and of all amendments to that standard, are available for inspection, free of charge, by the licensees or class licensees to whom the standard applies. (6) No standard, no amendment to an approved standard, and no revocation of any approved standard, has any force or effect as an approved standard until the notice relating thereto is given in accordance with subsection (5). (7) A standard issued or approved under this section does not have legislative effect. (8) Subject to subsection (9), every licensee and class licensee must comply with the standards applicable to the licensee or class licensee. (9) A Licensing Officer may, for such time as the Licensing Officer may specify, waive the application of any standard or part of a standard, issued or approved under this section to any particular licensee or class licensee. (10) In subsection (2)( b ) and ( c ), “secure” means secure from loss, theft, sabotage or unauthorised access.


document_id: gewca-2021
provision_ref: s63
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 63
title: Directions affecting licensees and class licensees
content:
63. —(1) A Licensing Officer may give a direction to a licensee or class licensee for or in respect of — ( a ) the safety or security of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the undertaking of a regulated activity carried on by a licensee or class licensee; or ( b ) any matter affecting the interests of the public in connection with the regulated activity carried on by the licensee or class licensee. (2) A direction given under subsection (1) — ( a ) may require the licensee or class licensee concerned (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, the things specified in the direction or the things that are of a description specified in the direction; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the Licensing Officer who gave it. (3) A direction under this section continues in force until the earlier of the following occurs: ( a ) the expiry date (if any) stated in the direction is reached; ( b ) the Licensing Officer revokes the direction. (4) Before exercising any powers under subsection (1), a Licensing Officer must give written notice to the licensee or class licensee concerned — ( a ) stating that the Licensing Officer intends to give a direction to the licensee or class licensee under this section and the nature of the direction; and ( b ) specifying the time (being not less than 14 days after the date of service of the notice on the licensee or class licensee) within which written representations may be made to the Licensing Officer with respect to the proposed direction. (5) The Licensing Officer may, after considering any written representation made pursuant to subsection (4)( b ), decide to give or not to give the direction as the Licensing Officer considers appropriate. (6) The Licensing Officer must serve on the licensee or class licensee concerned a notice of the Licensing Officer’s decision under subsection (5). (7) Every licensee or class licensee must comply with every direction given under this section to the licensee or class licensee as soon as it takes effect. (8) No civil or criminal liability is incurred by the licensee or class licensee, or an officer, employee or agent of the licensee or class licensee, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.


document_id: gewca-2021
provision_ref: s64
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 64
title: Security directions
content:
64. —(1) Subject to subsection (2), the Minister may, and in accordance with subsections (3), (4), (5) and (6), give such security directions as may be necessary or desirable to address any issue or perceived issue of public safety, or to mitigate adverse consequences arising from any issue or perceived issue of public safety, in connection with any regulated activity. (2) The Minister must not make any security direction unless it is impracticable in the circumstances of the particular case for the Minister to make or amend any Regulations to effectively address any issue or perceived issue of public safety or to mitigate adverse consequences arising from any issue or perceived issue of public safety in connection with any regulated activity; and so far as any security direction is inconsistent with the Regulations, the security direction prevails. (3) The Minister may give a security direction made under this section to all or any of the following, individually or as a class: ( a ) a licensee; ( b ) a class licensee; ( c ) a person who is exempt from any provision of this Act by an order under section 87, 88 or 89. (4) In making a security direction under this section, it is not necessary for the Minister to give any person who may be affected by the direction a chance to be heard before the direction is given. (5) A security direction may be in force for a period not exceeding 6 months unless earlier revoked under subsection (6), and may be renewed by the Minister once only for a further period not exceeding 6 months. (6) The Minister may, at any time when any security direction is in force, revoke the security direction by giving notice of that revocation in the same manner as the direction was given. (7) A security direction given under subsection (1) — ( a ) may require the person to whom it is given (according to the circumstances of the case) to do, or to refrain from doing, for a specified period, things specified in the direction or things that are of a description specified in the direction, including any of the following: (i) a requirement that the person provide information, or produce for inspection material in the person’s possession, relating to the regulated activity or the premises where the regulated activity is carried on, or to activities carried on at those premises; (ii) a requirement that the person ensure that the premises where the regulated activity is carried on be closed and remain closed for a specified period; (iii) a requirement that the person ensure that specified activities or operations at those premises be discontinued or not commenced for a specified period; (iv) a requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions; (v) a requirement that the person take action in relation to those premises as specified in the notice; ( b ) takes effect in accordance with section 65(6), or at such time as is determined by or under that direction if provided in the direction; and ( c ) may be revoked at any time by the Minister. (8) Every person in subsection (3) must comply with every direction given under this section to the person as soon as it takes effect. (9) A person to whom a direction is given under this section commits an offence if the person intentionally or negligently fails to comply with the security direction, and shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $20,000. (10) No civil or criminal liability is incurred by the person, or an officer, employee or agent of the person, for doing or omitting to do any act, if the act is done or omitted to be done with reasonable care and in good faith and for the purpose of complying with or giving effect to a direction given under this section.


document_id: gewca-2021
provision_ref: s65
chapter: PART 5 - BUSINESS OPERATION REQUIREMENTS
section: 65
title: How security direction is given
content:
65. —(1) A security direction is binding on the person or class of persons to whom it is addressed and given. (2) A security direction that is addressed to a person is sufficiently given if it is served in the manner prescribed in section 84. (3) A security direction that is addressed to a class of persons is sufficiently given if it is — ( a ) served on each of the persons in the class in the manner prescribed in section 84; or ( b ) published both — (i) in a daily newspaper circulating in Singapore or in any other news media that, in the opinion of the Licensing Officer, is most likely to bring the security direction to the attention of the persons who belong to the class; and (ii) on a prescribed website. (4) Once such a security direction is made and given under this section, the Licensing Officer must also publish the making of the direction in a manner that the Licencing Officer thinks will secure adequate publicity for the fact of making and giving of the security direction. (5) However, failure to publish a security direction under subsection (4) does not invalidate the direction. (6) Subject to anything provided to the contrary in a security direction, the security direction that is given — ( a ) in accordance with subsection (2) takes effect when it is served; ( b ) in accordance with subsection (3)( a ) takes effect when it is served on all the persons in the class in question; and ( c ) in accordance with subsection (3)( b ) takes effect at the beginning of the day after the date on which subsection (3)( b ) has been complied with.


document_id: gewca-2021
provision_ref: s66
chapter: PART 6 - ENFORCEMENT
section: 66
title: Suspension or revocation, etc., of licence or class licence
content:
66. —(1) Subject to section 68, if a Licensing Officer is satisfied that — ( a ) a licensee or class licensee is contravening or not complying with, or has contravened or failed to comply with — (i) any of the conditions of its licence or, in the case of a class licensee, any condition of its class licence; (ii) any provision of a standard applicable to the licensee or class licensee; or (iii) any direction or order given to the licensee or class licensee under subsection (2)( b ) or ( e ) or section 63; ( b ) the licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) the licensee or class licensee has made any assignment to, or composition with, its creditors or if a corporation, is unable to pay its debts; ( d ) the licensee or class licensee is not carrying on the regulated activity authorised by its licence or class licence in a safe or secure manner; ( e ) the regulated activity authorised by the licence or class licence involves a gun or gun accessory, an explosive or a weapon that has become a prohibited gun, prohibited gun accessory, prohibited explosive or prohibited weapon; ( f ) the licensee or class licensee, or a responsible executive, representative staff or special worker of the licensee or class licensee, is convicted of — (i) any offence under this Act; or (ii) any offence under the Arms Offences Act or the Corrosive and Explosive Substances and Offensive Weapons Act, committed during the term of the licence or class licence, as the case may be; ( g ) the licence had been obtained by the licensee by fraud or misrepresentation; ( h ) the licensee’s security clearance is not in force, or none of the responsible executives of the licensee or none of the close associates of the licensee has a security clearance that is in force; or ( i ) the public interest or national security of Singapore requires, the Licensing Officer may revoke (without any compensation) the licensee’s licence, or disapply the class licence with respect to that class licensee. (2) However, a Licensing Officer may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) any one or more of the following: ( a ) censure the licensee or class licensee in writing; ( b ) direct the licensee or class licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( a ); ( c ) suspend the licence or the application of the class licence (as the case may be) for not more than 6 months; ( d ) modify any condition of the licence; and section 54(2), (3) and (4) does not apply to or in relation to the modification to the condition of the licence; ( e ) order the reduction of the maximum or an increase of the minimum number or quantity, or both, of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons or noxious substances which the licensee, during the validity period of the licence or any part of that period may involve when carrying on the regulated activity. (3) In taking any regulatory action under this section in relation to the conviction of a licensee or any person for a criminal offence, the Licensing Officer may accept the licensee’s or person’s conviction as final. (4) For the purposes of subsection (1)( c ), a corporation is unable to pay its debts if it is a corporation which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018).


document_id: gewca-2021
provision_ref: s67
chapter: PART 6 - ENFORCEMENT
section: 67
title: Regulatory action can continue despite licence expiry, etc.
content:
67. —(1) Subject to section 68, regulatory action started under section 66 against a licensee or class licensee may continue, and a Licensing Officer may exercise any powers under subsection (2), in relation to a former licensee or former class licensee, despite either of the following events: ( a ) the date of expiry of the licensee’s licence; ( b ) the date the class licence stops applying. (2) The Licensing Officer may, if satisfied of any ground mentioned in section 66(1), do (without compensation) any one or more of the following: ( a ) censure the former licensee or former class licensee in writing; ( b ) direct the former licensee or former class licensee to do, or to refrain from doing, such things as are specified in a direction to rectify any contravention or non‑compliance mentioned in section 66(1)( a ) by the former licensee or former class licensee when the licence or class licence was in force. (3) Section 66(3) and (4) applies to regulatory action under this section as it applies to any regulatory action under that section. (4) A person to whom a direction is given under subsection (2)( b ) commits an offence if the person intentionally or negligently fails to comply with the direction, and shall be liable on conviction — ( a ) where the person is an individual — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) where the person is not an individual — to a fine not exceeding $20,000.


document_id: gewca-2021
provision_ref: s68
chapter: PART 6 - ENFORCEMENT
section: 68
title: Proceedings for regulatory action
content:
68. —(1) Before exercising any powers under section 66(1) or (2) or 67(2), the Licensing Officer must give written notice to the licensee or class licensee or the former licensee or former class licensee concerned — ( a ) stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee or former licensee or former class licensee; ( b ) specifying the type of action in section 66(1) or (2) or 67(2) that the Licensing Officer proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and ( c ) specifying the time (being not less than 14 days from the date of service of notice on the licensee or class licensee, or former licensee or former class licensee, as the case may be) within which written representations may be made to the Licensing Officer with respect to the proposed action. (2) The Licensing Officer may, after considering any written representation under subsection (1)( c ), decide to take such regulatory action in section 66(1) or (2) or 67(2) as the Licensing Officer considers appropriate. (3) Where a Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, or former licensee or former class licensee, the Licensing Officer must serve on the licensee or class licensee, or former licensee or former class licensee (as the case may be) concerned a notice of its decision. (4) Subject to section 77(4), a decision to revoke a licence or disapply a class licence under section 66(1), or to impose a regulatory action in section 66(2) or 67(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice. (5) Any suspension or revocation of any licence or disapplication of a class licence under section 66 with respect to a licensee or class licensee does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or ( b ) the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person. Division 2 &#x2014; Enforcement powers


document_id: gewca-2021
provision_ref: s69
chapter: PART 6 - ENFORCEMENT
section: 69
title: Purpose for which enforcement powers are exercisable
content:
69. —(1) The Licensing Officer or an authorised officer may exercise the powers set out in this Division for any of the following purposes: ( a ) to determine whether there are grounds for taking any regulatory action against a licensee or class licensee; ( b ) to determine whether information given to the Licensing Officer under Part 4 or this Part, or any standard or direction under any provision of this Act, is correct. (2) A compliance officer may exercise the powers set out in this Division where specified, but subject to section 80(7) and to the limits in the authorisation issued under section 80 in respect of the compliance officer; and any reference in this Part to a compliance officer is a reference to a compliance officer who is so authorised.


document_id: gewca-2021
provision_ref: s70
chapter: PART 6 - ENFORCEMENT
section: 70
title: Powers of entry, etc., at premises
content:
70. —(1) A Licensing Officer, an authorised officer or a compliance officer may, in accordance with subsection (2), enter without using force any premises occupied by a relevant person which the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably believes to be used for or in connection with the carrying on of any regulated activity, and do all or any of the following at the premises: ( a ) to examine any thing or observe any activity conducted in or on the premises; ( b ) to inspect the premises and any thing in or on the premises; ( c ) to make a still or moving image or recording of the premises and any thing in or on the premises; ( d ) to inspect any document in the premises and take extracts from, or make copies of, any such document; ( e ) to take into or onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises; ( f ) to operate electronic equipment in or on the premises; ( g ) to require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably requires for any of the purposes of section 69(1). (2) A Licensing Officer, an authorised officer or a compliance officer may enter any premises which are not a place on or at which a licensee or class licensee carries on a regulated activity, or carries out any activity in connection with the provision of that regulated activity, to exercise any of the powers in subsection (1), only with the consent of the occupier of those premises. (3) The power under subsection (1)( f ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (4) The power to require an individual to provide any document or information under subsection (1)( g ) includes the power — ( a ) to require that individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Licensing Officer, authorised officer or compliance officer concerned in legible form. (5) In this section, “relevant person” means — ( a ) a person to whom a licence is granted for any regulated activity; ( b ) a person who is a class licensee for any regulated activity; ( c ) an individual who is or was an officer or a representative staff of a person mentioned in paragraph ( a ) or ( b ); ( d ) an individual who is or was an employee of a person mentioned in paragraph ( a ) or ( b ) with respect to that regulated activity; or ( e ) a person whom a Licensing Officer, an authorised officer or a compliance officer suspects on reasonable grounds is or was carrying on regulated activity, or an agent of a person who is or was carrying on regulated activity.


document_id: gewca-2021
provision_ref: s71
chapter: PART 6 - ENFORCEMENT
section: 71
title: Powers in relation to conveyances
content:
71. —(1) A Licensing Officer, an authorised officer or a compliance officer may do all or any of the following in relation to a conveyance which the Licensing Officer, authorised officer or compliance officer (as the case may be) reasonably believes to be used for or in connection with the carrying on of any regulated activity: ( a ) to stop and detain the conveyance for as long as is reasonably necessary for the exercise of any other power under this section; ( b ) to inspect the conveyance and any equipment in or on the conveyance; ( c ) to make a still or moving image or recording of the conveyance and anything in or on the conveyance; ( d ) to inspect any document in the conveyance and take extracts from, or make copies of, any such document; ( e ) to operate a computer or other thing in or on the conveyance; ( f ) to require the driver, pilot or other person in charge of the conveyance, or a person in possession of the conveyance, to answer any question (to the best of that person’s or individual’s knowledge, information and belief) and to provide any document or information that the Licensing Officer, authorised officer or compliance officer reasonably requires for the purposes of section 69(1). (2) The power to require a person or an individual to provide any document or information under subsection (1)( f ) includes the power — ( a ) to require that person or individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person or individual to state, to the best of the person’s or individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Licensing Officer, authorised officer or compliance officer concerned in legible form.


document_id: gewca-2021
provision_ref: s72
chapter: PART 6 - ENFORCEMENT
section: 72
title: Power to obtain information
content:
72. —(1) A Licensing Officer, an authorised officer or a compliance officer may by written notice require any licensee or class licensee to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information which — ( a ) relate to any matter which the Licensing Officer, authorised officer or compliance officer considers necessary for any of the purposes of section 69(1); and ( b ) are — (i) within the knowledge of that licensee or class licensee, as the case may be; or (ii) in the custody or under the control of the licensee or class licensee, as the case may be. (2) The power to require a licensee or class licensee to provide any document or information under subsection (1) includes the power — ( a ) to require that licensee or class licensee, or any individual who is or was a responsible executive, an agent or a representative staff of the licensee or class licensee (as the case may be), to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that licensee, class licensee or individual to state, to the best of the knowledge and belief of that licensee, class licensee or individual (as the case may be), where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Licensing Officer, authorised officer or compliance officer concerned in legible form. (3) The Licensing Officer, authorised officer or compliance officer (as the case may be) is entitled without payment to keep for the purposes of section 69(1) any document or information, or any copy or extract thereof, provided to him or her under subsection (1).


document_id: gewca-2021
provision_ref: s73
chapter: PART 6 - ENFORCEMENT
section: 73
title: Offences
content:
73. —(1) A person who, without reasonable excuse, fails to do anything required of the person by a Licensing Officer, an authorised officer or a compliance officer under section 70(1) or 71(1), or by a notice under section 72(1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required by a Licensing Officer, an authorised officer or a compliance officer under section 70(1)( g ) or 71(1)( f ), or by a notice under section 72(1) to provide; or ( b ) who, in providing any document or information required by a Licensing Officer, an authorised officer or a compliance officer under section 70(1)( g ) or 71(1)( f ), or by a notice under section 72(1), makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, 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 12 months or to both. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) the person does not possess the document or information required; and ( b ) the person has taken all reasonable steps available to the person to obtain the document or information required and has been unable to obtain it. (4) To avoid doubt, for the purposes of subsection (1), it is a reasonable excuse for a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that person.


document_id: gewca-2021
provision_ref: s74
chapter: PART 6 - ENFORCEMENT
section: 74
title: Composition of offences
content:
74. —(1) A Licensing Officer or an authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: gewca-2021
provision_ref: s75
chapter: PART 7 - APPEALS
section: 75
title: Interpretation of this Part
content:
75. In this Part, unless the context otherwise requires — “appealable decision” means any of the following decisions of the Licensing Officer: ( a ) a decision refusing the grant of a licence under section 51; ( b ) a decision under section 53 imposing a condition in a licensee’s licence; ( c ) a modification under section 54 of a condition in a licensee’s licence; ( d ) a refusal of consent under section 55 to a transfer or an assignment of a licence; ( e ) a direction under section 63; ( f ) a decision under section 66(1) to revoke a licence or disapply a class licence; ( g ) a decision under section 66(2) or 67(2) to impose a regulatory action against a licensee or class licensee; “appellant” means the following in relation to an appealable decision: ( a ) an applicant for the grant of a licence, where the appealable decision is within paragraph ( a ) of the definition of “appealable decision”; ( b ) a licensee, where the appealable decision is within paragraph ( b ), ( c ) or ( d ) of the definition of “appealable decision”; ( c ) a licensee or class licensee or a former licensee or former class licensee, where the appealable decision is within paragraph ( e ), ( f ) or ( g ) of the definition of “appealable decision”.


document_id: gewca-2021
provision_ref: s76
chapter: PART 7 - APPEALS
section: 76
title: Appeal to Minister
content:
76. —(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section. (2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made — ( a ) for an appealable decision that is under section 54 about modification of a condition in a licence — within 28 days after the date the decision appealed against is given to the appellant; and ( b ) for any other appealable decision — within 14 days after the date the decision appealed against is given to the appellant. (3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2).


document_id: gewca-2021
provision_ref: s77
chapter: PART 7 - APPEALS
section: 77
title: Decision on appeal
content:
77. —(1) After considering an appeal under section 76, the Minister may — ( a ) reject the appeal and confirm the appealable decision; or ( b ) allow the appeal and reverse the appealable decision. (2) The Minister’s decision on an appeal is final. (3) Every appellant must be notified of the Minister’s decision under subsection (2). (4) An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.


document_id: gewca-2021
provision_ref: s78
chapter: PART 8 - MISCELLANEOUS
section: 78
title: Administration of Act by licensing officer
content:
78. —(1) The Minister may appoint one or more public officers as Licensing Officers responsible for the administration of this Act, either generally or for any particular provision of this Act. (2) In appointing a public officer as a Licensing Officer under subsection (1), the Minister may limit when, where in Singapore or the circumstances in which the Licensing Officer may exercise powers and licensing and regulatory functions under this Act with respect to regulated activities, and to otherwise administer this Act. (3) No liability shall lie personally against a Licensing Officer, an authorised officer, a compliance officer or any other person acting under the direction of a Licensing Officer for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act.


document_id: gewca-2021
provision_ref: s79
chapter: PART 8 - MISCELLANEOUS
section: 79
title: Authorised officers
content:
79. —(1) A Licensing Officer may, in relation to any provision of this Act, appoint — ( a ) any public officer; or ( b ) any officer or employee of a public authority, to be an authorised officer for the purposes of that provision, either generally or in a particular case. (2) A Licensing Officer may delegate the exercise of all or any of the powers conferred or duties imposed upon the Licensing Officer by any provision of this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as the Licensing Officer may specify; and any reference in that provision of this Act to the Licensing Officer includes a reference to such an authorised officer.


document_id: gewca-2021
provision_ref: s80
chapter: PART 8 - MISCELLANEOUS
section: 80
title: Compliance officers
content:
80. —(1) A Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who — ( a ) is at least 18 years of age; ( b ) is not an employee of a public authority; ( c ) is not a public officer; and ( d ) has suitable qualifications or experience, to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 2 of Part 6 in any particular area in Singapore. (2) A Licensing Officer, may, for any reason that appears to the Licensing Officer, to be sufficient, at any time revoke an individual’s appointment as a compliance officer. (3) A Licensing Officer must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising powers under this Act. (4) A compliance officer whose appointment as such ceases must return any identification card issued to him or her under subsection (3) to a Licensing Officer. (5) A Licensing Officer must also issue to each compliance officer, a written authorisation specifying such of the powers expressly specified in Division 2 of Part 6 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers. (6) The authorisation of the Licensing Officer under subsection (5) issued to a compliance officer may also do all or any of the following: ( a ) limit the powers mentioned in subsection (1) that the compliance officer may exercise; ( b ) limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them; ( c ) limit the circumstances in which the compliance officer may exercise those powers or any of them. (7) To avoid doubt, a Licensing Officer cannot authorise under this section a compliance officer — ( a ) to detain or arrest any individual; ( b ) to search any place or individual; ( c ) to seize any property; and ( d ) if the compliance officer is a licensee or class licensee, to exercise any power in Division 2 of Part 6 in relation to — (i) another licensee holding the same class of licence as the compliance officer or an applicant for the same class of licence; (ii) another class licensee subject to the same class licence as the compliance officer; or (iii) an employer or a principal, contractor or relative of the compliance officer. (8) The powers that a compliance officer may be authorised under this section to exercise may be exercised only — ( a ) on production of the identification card issued under subsection (3); ( b ) to the extent authorised by a Licensing Officer under subsection (5); and ( c ) as directed (generally or specially) by a Licensing Officer or an authorised officer. (9) A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code when exercising that power. (10) To avoid doubt, a compliance officer does not cease to be acting on the direction of a Licensing Officer or an authorised officer by reason only that the Licensing Officer or authorised officer is not present at all times. (11) An individual who is appointed as a compliance officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Government. (12) In this section, “relative”, in relation to another individual, means the individual’s spouse, parent (including a step‑parent), child (including an adopted or a stepchild) or sibling.


document_id: gewca-2021
provision_ref: s81
chapter: PART 8 - MISCELLANEOUS
section: 81
title: Offences by corporations
content:
81. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters V and VA of the Penal Code; or ( b ) the Evidence Act (Cap. 97) or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a territory outside Singapore.


document_id: gewca-2021
provision_ref: s82
chapter: PART 8 - MISCELLANEOUS
section: 82
title: Offences by unincorporated associations or partnerships
content:
82. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters V and VA of the Penal Code; or ( b ) the Evidence Act or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 81; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a territory outside Singapore.


document_id: gewca-2021
provision_ref: s83
chapter: PART 8 - MISCELLANEOUS
section: 83
title: Jurisdiction of courts
content:
83. Despite the Criminal Procedure Code, a District Court or a Magistrate’s Court has jurisdiction to try, and has power to impose the full punishment for, any offence under this Act.


document_id: gewca-2021
provision_ref: s84
chapter: PART 8 - MISCELLANEOUS
section: 84
title: Service of documents
content:
84. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner, secretary or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) In addition, a document (other than a summons) permitted or required by this Act to be served on an individual, a partnership, a body corporate or an unincorporated association may be served — ( a ) by giving an electronic notice to the individual, partnership, body corporate or unincorporated association (called in this section an addressee) by the addressee’s chosen means of notification, stating that the document is available and how the addressee may use the addressee’s chosen means of access to access the document’s contents; or ( b ) by any other method authorised by the Regulations for the service of documents of that kind if the addressee consents (expressly or impliedly) to service of a document of that kind in that way. (6) Service of a document takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; or ( c ) if the document is sent by post, 2 days after the day the document was posted (even if it is returned undelivered). (7) However, service of any document under this Act on a person by email or by an electronic notice at the person’s chosen means of notification, may be effected only with the person’s prior consent (express or implied) to service in that way. (8) This section does not apply to documents to be served in proceedings in court. (9) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “chosen means of access”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means the addressee agrees with the person giving or serving the document as the means by which the addressee may access that document’s contents; “chosen means of notification”, for an addressee on whom is or is to be served a document permitted or required by this Act, means an electronic means that the addressee nominates to the person giving or serving the document as the means by which the addressee may be notified that such a document has been served on the addressee; “document” includes a notice or an order permitted or required by this Act to be served; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: gewca-2021
provision_ref: s85
chapter: PART 8 - MISCELLANEOUS
section: 85
title: Disposal of unclaimed guns, etc.
content:
85. —(1) Where any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance is surrendered to a Licensing Officer, whether or not under section 39, it becomes unclaimed if, at the end of 30 days after the day on which the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) was so surrendered — ( a ) there is no person who appears, to the satisfaction of the Licensing Officer, to be the owner of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be; or ( b ) there is such a person but that person has not exercised his or her right to recover the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance by a claim. (2) Where a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance which is surrendered to a Licensing Officer becomes unclaimed, an authorised officer may, after giving one month’s notice in a prescribed website of his or her intention to do so — ( a ) sell by public auction or tender the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; or ( b ) destroy or otherwise dispose of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be. (3) However, where it appears to a Licensing Officer that any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance which is surrendered is of such a nature or in such condition that it would be dangerous for the Licensing Officer to retain custody of it, the Licensing Officer may, before the end of the period mentioned in subsection (1) and after giving notice in a prescribed website of his or her intention to do so, cause the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance — ( a ) to be sold (by public auction or otherwise) at once; or ( b ) to be destroyed or otherwise disposed of at once in such manner as the Licensing Officer thinks fit. (4) The proceeds of a sale by public auction or tender of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance under subsection (2) or (3) must be applied as follows: ( a ) firstly, in payment of the expenses occasioned by the sale; ( b ) secondly, in payment of storage or other expenses incurred by the Licensing Officer in relation to the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance; ( c ) thirdly, by payment of the balance into the Consolidated Fund. (5) A purchaser of any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance sold in accordance with subsection (2) or (3) acquires good title to that article, item or thing.


document_id: gewca-2021
provision_ref: s86
chapter: PART 8 - MISCELLANEOUS
section: 86
title: Act binds Government
content:
86. —(1) Subject to section 87, 88 or 89, this Act binds the Government, but nothing in this Act renders the Government liable to prosecution for an offence under this Act. (2) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government or is acting in any other similar capacity for, or on behalf of, the Government.


document_id: gewca-2021
provision_ref: s87
chapter: PART 8 - MISCELLANEOUS
section: 87
title: General exemption for law enforcement, etc.
content:
87. —(1) An individual does not commit an offence under this Act only because of something done by the individual in the exercise or discharge of the individual’s powers or duties under written law as any of the following and to the extent the power or duty requires him or her to possess, handle or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, a weapon or noxious substance or operate a shooting range: ( a ) a member of the Singapore Police Force, including as an individual appointed under section 13 of the Police Force Act (Cap. 235) to serve as a temporary constable; ( b ) a member of the Special Constabulary constituted under Part VIII of the Police Force Act; ( c ) a member of an Auxiliary Police Force created under the Police Force Act; ( d ) an intelligence officer; ( e ) a Commercial Affairs Officer appointed under section 64 of the Police Force Act; ( f ) an officer of customs within the meaning given by section 3(1) of the Customs Act (Cap. 70); ( g ) the Controller of Immigration or an immigration officer appointed under section 3 of the Immigration Act (Cap. 133); ( h ) the Director of the Central Narcotics Bureau or an officer of the Bureau within the meaning of the Misuse of Drugs Act (Cap. 185); ( i ) the Director of the Corrupt Practices Investigation Bureau or a CPIB officer within the meaning of the Prevention of Corruption Act (Cap. 241); ( j ) a prison officer within the meaning of the Prisons Act (Cap. 247); ( k ) a forensic specialist appointed under section 65A of the Police Force Act; ( l ) a member of a police service of a foreign country, or a visiting force of a foreign country for the purposes of Part 1 of the Visiting Forces Act (Cap. 344), lawfully present in Singapore pursuant to any treaty, agreement or arrangement to which the Government is a party; ( m ) a master or captain, or member of crew or an air marshal, of an aircraft with respect to any gun that is required by written law to be carried on the aircraft; ( n ) a Licensing Officer, an authorised officer or a compliance officer. (2) This Act does not apply to or in relation to any gun, explosive or weapon — ( a ) stored in any hulk or magazine for the storage or deposit of explosives, or explosive precursors and in the possession or control of the Government or the government of a Commonwealth country; or ( b ) on board any vessel belonging to or in the service of the Government or any foreign government. (3) The Minister may, by order in the Gazette , exempt any person or class of persons who is not within the class of persons to which section 88 applies from all or any provision of this Act (except section 88), either generally or in a particular case and subject to such conditions as the Minister may impose.


document_id: gewca-2021
provision_ref: s88
chapter: PART 8 - MISCELLANEOUS
section: 88
title: Exemption for defence purposes
content:
88. —(1) The persons in subsection (2) do not commit an offence under this Act only because of something done by the person in the exercise or discharge of the person’s powers or duties to the extent the power or duty requires the person to possess, handle or use a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, a weapon or noxious substance or operate a shooting range in connection with any of the following: ( a ) the defence of Singapore, including activities intended to support the functions of the Singapore Armed Forces, or other activities necessary for the defence and security of Singapore; ( b ) the protection of the integrity of Singapore’s territory and its borders from serious threats and the protection of Singapore or part of it, or the people of Singapore, from terrorism, espionage or other like activities intended or likely to obstruct, hinder or interfere with the defence and security of Singapore; ( c ) any air or sea operations that the Singapore Armed Forces is authorised under section 201B of the Singapore Armed Forces Act (Cap. 295) to be deployed; ( d ) the deployment of the Singapore Armed Forces under section 201C of the Singapore Armed Forces Act in relation to a relevant event (within the meaning of section 201C(10) of that Act), but only for the period the Singapore Armed Forces is authorised under section 201C(1) of that Act to be deployed with respect to that relevant event; ( e ) an authorisation under section 201D of the Singapore Armed Forces Act for the protection of persons and property of any Singapore Armed Forces property which has been declared a protected area or a protected place under the Infrastructure Protection Act 2017 (Act 41 of 2017); ( f ) the maintenance of supplies and services essential to the life of the community in Singapore or for the conduct of exercises relating thereto under the Requisition of Resources Act (Cap. 273). (2) The persons to whom subsection (1) applies are as follows: ( a ) a member of the Singapore Armed Forces, whether or not in regular service or national service, and includes an operationally ready national serviceman and a volunteer; ( b ) any person for the time approved by the Minister charged with the responsibility for defence in connection with any matter in subsection (1)( a ), ( b ), ( c ), ( d ), ( e ) or ( f ).


document_id: gewca-2021
provision_ref: s89
chapter: PART 8 - MISCELLANEOUS
section: 89
title: Administrative exemption
content:
89. —(1) A Licensing Officer may exempt, for a period specified in the exemption, a particular person, place, premises or activity who or which is not within the class of persons or activities to which section 88 applies from the operation of any provision of this Act (except section 88) where the Licensing Officer is personally satisfied that all of the following apply: ( a ) the risk to public safety and security of providing the exemption is minor; ( b ) there are other sufficient safeguards under this Act or any other written law, or by other means, to minimise any risk to public safety and security in providing the exemption; ( c ) there are requirements in other written law or there are other means that deal with the matter to be exempted besides the applicable requirements of this Act. (2) An exemption under this section — ( a ) must be in writing and given to the particular person concerned; and ( b ) need not be published in the Gazette .


document_id: gewca-2021
provision_ref: s90
chapter: PART 8 - MISCELLANEOUS
section: 90
title: Regulations
content:
90. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) In particular, the Minister may make regulations for any of the following: ( a ) classes of licences; ( b ) the form and manner in which, and the time within which, an application for the grant of a licence or security clearance may be made under this Act; ( c ) the carrying out of inquiries of applicants for a licence or a security clearance; ( d ) the fees to be paid in respect of applications for the grant of a licence and otherwise in connection with the administration of this Act, and for the waiver, reduction or refund of fees charged; ( e ) the records that must be kept by licensees and the provision of returns and other information with respect to the regulated activities authorised by their respective licences, including audio and visual records about those activities; ( f ) the storage, identification, maintenance, carrying, conveyance, altering, repair, testing and use of guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons or noxious substances; ( g ) measures to deal with safety, and safety incidents and accidents, involving guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges involved in the carrying on of a regulated activity, and make provision in relation to mandatory reporting to a Licensing Officer those safety incidents and accidents; ( h ) guns and weapons training courses; ( i ) training and supervision in relation to the use of guns, explosives or weapons; ( j ) the control and regulation of explosives and explosive precursors, including but not limited to the following: (i) the handling of explosives or explosive precursors; (ii) premises, conveyances, containers and any other equipment, containers or things which are intended for use, are being used or have been used in connection with explosives or explosive precursors; (iii) smoking, the lighting or use of fire and any other dangerous, or potentially dangerous, prescribed activities in the vicinity of explosives or explosive precursors; (iv) the inspection, examination and testing of explosives or explosive precursors and equipment or containers intended for use or used in connection with explosives or explosive precursors; (v) records relating to explosives or explosive precursors and the furnishing of returns and other information relating to explosives or explosive precursors; ( k ) the approval of ranges or grounds of shooting range operators or paintball range operators as approved shooting ranges or paintball ranges, including applications for, and conditions of, approval of such ranges or grounds. (3) Regulations made under this section may — ( a ) make different provisions for different classes or descriptions of persons, or guns, major parts of a gun, gun accessories, explosives, explosive precursors, weapons, noxious substances, shooting ranges or paintball ranges, or different circumstances; ( b ) prescribe the offences under this Act that may be compounded; ( c ) create offences for a contravention of any provision of the Regulations, the penalty for which on conviction may be a fine not exceeding $50,000 or imprisonment for a term not exceeding 18 months or both; and ( d ) provide for such saving, transitional and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act.


document_id: gewca-2021
provision_ref: s92
chapter: PART 8 - MISCELLANEOUS
section: 92
title: Presentation to Parliament
content:
92. All subsidiary legislation made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: gewca-2021
provision_ref: s93
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 93
title: Amendments to Arms Offences Act
content:
93. The Arms Offences Act (Cap. 14) is amended — ( a ) by deleting the word “arms” wherever it appears in the long title and substituting in each case the word “guns”; ( b ) by deleting the definitions of “arm” and “imitation arm” in section 2 and substituting the following definitions: “ “carry”, in relation to a gun, includes to have on or about an individual’s person; “gun” has the meaning given by section 3 of the Guns, Explosives and Weapons Control Act 2021, and excludes an imitation gun; “imitation gun” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun, or any such object that is produced and identified as a toy; ”; ( c ) by deleting the definitions of “trafficking in arms” and “unlawful possession” in section 2 and substituting the following definitions: “ “trafficking in guns” means to import, supply or transfer 2 or more guns (whether or not of the same kind) in contravention of the Guns, Explosives and Weapons Control Act 2021, or any Act, repealed by that Act intending to — ( a ) injure, or endanger the safety of, another person; ( b ) cause reasonable fear of the infliction of injury to another person; or ( c ) destroy or damage any property; “unlawful possession”, in relation to a gun, means possession of a gun when — ( a ) not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021; ( b ) not in accordance with the conditions of a licence or a class licence mentioned in paragraph ( a ); and ( c ) not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that gun; ”; ( d ) by deleting paragraphs ( a ) and ( b ) of the definition of “use” in section 2 and substituting the following paragraphs: “ ( a ) to fire the gun; or ( b ) to hold the gun so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired. ”; ( e ) by repealing section 3 and substituting the following sections: “ Unlawful possession of gun with criminal intent 3. —(1) A person commits an offence if — ( a ) the person carries a gun intending to — (i) injure, or endanger the safety of, another person; (ii) cause reasonable fear of the infliction of injury to another person; (iii) destroy or damage any property; or (iv) facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the gun; and ( b ) the person is then in unlawful possession of the gun. (2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes. (3) However, where a person who is convicted of an offence under subsection (1) is proved to have been previously convicted of a scheduled offence, the person shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 6 strokes.


document_id: gewca-2021
provision_ref: s94
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 94
title: Amendments to Corrosive and Explosive Substances and Offensive Weapons Act
content:
94. The Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65) is amended — ( a ) by inserting, immediately after the definition of “corrosive substance” in section 2, the following definition: “ “explosive device” has the meaning given by section 2(1) of the Guns, Explosives and Weapons Control Act 2021; ”; ( b ) by deleting the words “bomb, grenade, apparatus, machine, implement” in the definition of “explosive substance” in section 2 and substituting the words “explosive device”; ( c ) by deleting the words “and any part of such bomb, grenade, apparatus, machine or implement” in the definition of “explosive substance” in section 2 and substituting the words “and any explosive device or part of an explosive device”; ( d ) by deleting the definition of “scheduled weapon” in section 2 and substituting the following definition: “ “scheduled weapon” means a weapon specified in the First Schedule to the Guns, Explosives and Weapons Control Act 2021. ”; ( e ) by inserting, immediately after subsection (1) of section 6, the following subsections: “ (1A) However, where the offensive weapon involved in the commission of an offence under subsection (1) is a prohibited weapon within the meaning of the Guns, Explosives and Weapons Control Act 2021, the person committing the offence shall be liable on conviction instead to imprisonment for a term not exceeding 5 years and shall also be punished with caning with not less than 6 strokes. (1B) For the purposes of subsection (1) only, “lawful purpose” includes — ( a ) for use at work; ( b ) for religious reasons; ( c ) for use in a theatrical production or film‑making for entertainment; ( d ) for an ornamental display; ( e ) for the slaughter or hunting of wild animals authorised under written law; and ( f ) for use in gardening, or in animal husbandry or primary production. ”; ( f ) by inserting, immediately after subsection (1) of section 7, the following subsection: “ (1A) A person does an act mentioned in subsection (1)( a ), ( b ) or ( c ) otherwise than for a lawful purpose if — ( a ) the person does so involving a scheduled weapon intending to — (i) injure, or endanger the safety of, another person; (ii) cause reasonable fear of the infliction of injury to another person; (iii) destroy or damage any property; or (iv) facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the scheduled weapon; and ( b ) the person’s possession of the scheduled weapon is then — (i) not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021; (ii) not in accordance with the conditions of a licence or a class licence mentioned in sub‑paragraph (i); and (iii) not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that scheduled weapon. ”; ( g ) by inserting, immediately after subsection (3) of section 7, the following subsection: “ (4) A reference to “second or subsequent offence” in relation to an offence under subsection (1) is a reference to a person who — ( a ) is convicted, or found guilty, of such an offence (called the current offence); and ( b ) has been convicted or found guilty of any of the following on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence: (i) the same offence under subsection (1); (ii) an offence under subsection (1) as in force before the date of commencement of section 94( g ) of the Guns, Explosives and Weapons Control Act 2021 and that involved a scheduled weapon. ”; ( h ) by deleting the word “Schedules” in section 12 and in the section heading and substituting in each case the words “First Schedule”; and ( i ) by repealing the Second Schedule.


document_id: gewca-2021
provision_ref: s95
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 95
title: Amendments to Criminal Procedure Code
content:
95. —(1) Section 40(5) of the Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended by deleting paragraph ( d ) and substituting the following paragraph: “ ( d ) the Guns, Explosives and Weapons Control Act 2021 or the Arms and Explosives Act (Cap. 13) repealed by that Act; ”. (2) The Second Schedule to the Criminal Procedure Code is amended by inserting, immediately after item 7, the following item: “ 7A. Guns, Explosives and Weapons Control Act 2021 ”.


document_id: gewca-2021
provision_ref: s96
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 96
title: Related amendment to Miscellaneous Offences (Public Order and Nuisance) Act
content:
96. Section 22A of the Miscellaneous Offences (Public Order and Nuisance) Act (Cap. 184, 1997 Ed.) is amended by inserting, immediately after subsection (1), the following subsection: “ (1A) A gun, an explosive or a weapon within the meaning of the Guns, Explosives and Weapons Control Act 2021 must not be specified under subsection (1). ”.


document_id: gewca-2021
provision_ref: s97
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 97
title: Consequential amendments to other Acts
content:
97. —(1) Section 7B(4) of the Air Navigation Act (Cap. 6, 2014 Ed.) is amended — ( a ) by deleting the words “Arms and Explosives Act (Cap. 13)” and substituting the words “Guns, Explosives and Weapons Control Act 2021” in sub‑paragraph ( a )(i); and ( b ) by deleting sub‑paragraph (iii) of paragraph ( a ). (2) Item 3 of the Third Schedule to the Central Provident Fund Act (Cap. 36, 2013 Ed.) is deleted and the following item substituted therefor: “ 3. Guns, Explosives and Weapons Control Act 2021. ”. (3) Item 2 of the Second Schedule to the Criminal Law (Temporary Provisions) Act (Cap. 67, 2000 Ed.) is deleted and the following item substituted therefor: “2. Corrosive and Explosive Substances and Offensive
Weapons Act (Cap. 65) Section 3 or 4 involving an explosive substance.”. (4) Section 77 of the Cross-Border Railways Act 2018 (Act 21 of 2018) is repealed. (5) The Customs Act (Cap. 70, 2004 Ed.) is amended by renumbering section 7 as subsection (1) of that section, and by inserting immediately thereafter the following subsection: “ (2) Every officer of customs must be provided with such staves, guns, ammunition and other accoutrements as may be prescribed. ”. (6) Section 2 of the Environmental Public Health Act (Cap. 95, 2002 Ed.) is amended by deleting the words “Arms and Explosives Act (Cap. 13)” in paragraph ( b ) of the definition of “dangerous substance” and substituting the words “Guns, Explosives and Weapons Control Act 2021”. (7) Section 2(1) of the Hijacking of Aircraft and Protection of Aircraft and International Airports Act (Cap. 124, 1997 Ed.) is amended — ( a ) by inserting the word “or” at the end of paragraph ( a )(ii) of the definition of “act of violence”; and ( b ) by deleting sub‑paragraph (iii) of paragraph ( a ) of the definition of “act of violence”. (8) Section 28(3) of the Infrastructure Protection Act 2017 (Act 41 of 2017) is amended — ( a ) by deleting the words “Arms and Explosives Act (Cap. 13)” and substituting the words “Guns, Explosives and Weapons Control Act 2021” in paragraph ( a )(i) of the definition of “dangerous item”; and ( b ) by deleting sub‑paragraph (iii) of paragraph ( a ) of the definition of “dangerous item”. (9) Section 2 of the Internal Security Act (Cap. 143, 1985 Ed.) is amended — ( a ) by deleting the words “any substance declared to be deemed an explosive by notification in the Gazette under section 5 of the Arms and Explosives Act” in paragraph ( c ) of the definition of “explosive” and substituting the words “an explosive within the meaning of the Guns, Explosives and Weapons Control Act 2021”; and ( b ) by deleting the marginal reference “Cap. 13.” in paragraph ( c ) of the definition of “explosive”. (10) The First Schedule to the Internationally Protected Persons Act (Cap. 145A, 2010 Ed.) is amended by deleting items 2 and 3 and the heading “Explosive Substances Act (Cap. 100)”. (11) Section 96 of the Maritime and Port Authority of Singapore Act (Cap. 170A, 1997 Ed.) is amended by deleting paragraph ( c ). (12) Section 2 of the Maritime Offences Act (Cap. 170B, 2004 Ed.) is amended — ( a ) by inserting the word “or” at the end of paragraph ( a )(ii) of the definition of “act of violence”; and ( b ) by deleting sub‑paragraph (iii) of paragraph ( a ) of the definition of “act of violence”. (13) The Schedule to the Organised Crime Act 2015 (Act 26 of 2015) is amended — ( a ) by inserting, immediately after the word “arms” in items 1 and 2, the words “or guns”; ( b ) by inserting, immediately after item 26, the following heading and item: “ Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65) 26A. Section 3 involving an explosive substance Possession of corrosive or explosive substance for purpose of causing hurt”; ( c ) by inserting, immediately after the words in the heading “Explosive Substances Act (Cap. 100)” above item 32, the words “before repeal”; and ( d ) by inserting, immediately after item 33, the following heading and item: “ Guns, Explosives and
Weapons Control Act 2021 33A. Section 22(1) or (3) Unauthorised possession or storage of explosive or explosive precursor”. (14) The First Schedule to the Prisons Act (Cap. 247, 2000 Ed.) is amended — ( a ) by deleting the words “arms or” in the item relating to section 3(1), (2), (3) or (4) under the heading “Arms Offences Act (Cap. 14)” and substituting the words “arms, guns or”; and ( b ) by inserting, immediately after the words “imitation arm” in the item relating to section 8 under the heading “Arms Offences Act (Cap. 14)”, the words “or gun”. (15) Section 2(1) of the Public Order and Safety (Special Powers) Act 2018 (Act 26 of 2018) is amended by deleting the words “Arms and Explosives Act (Cap. 13)” in paragraph ( b ) of the definition of “dangerous article” and substituting the words “Guns, Explosives and Weapons Control Act 2021”. (16) Part II of the First Schedule to the Registration of Criminals Act (Cap. 268, 1985 Ed.) is amended by inserting, immediately after the item relating to “Foreign Recruiting Act”, the following item: “Guns, Explosives and
Weapons Control Act 2021 ... Sections 11(1) or (2), 12(1) or (2), 13(1), 14, 15(1), 16(1) or (3), 19(1) or (2), 21(1), 22(1) or (3), 23(1) or (4), 24(1), 25(1), 26(1) or (2), 29(1), 30(1) or (2), 31, 32(1), 33(1) or (3), 36(1) or (2), 37(1), 38(1), 39(1), 64(9) and 73(2).”. (17) Section 201C(9) of the Singapore Armed Forces Act (Cap. 295, 2000 Ed.) is amended by deleting the words “Arms and Explosives Act (Cap. 13)” in paragraph ( e ) and substituting the words “Guns, Explosives and Weapons Control Act 2021”. (18) Section 3 of the Strategic Goods (Control) Act (Cap. 300, 2003 Ed.) is repealed. (19) The United Nations Personnel Act (Cap. 339A, 2012 Ed.) is amended — ( a ) by inserting, immediately before item 1 of the First Schedule, the following item: “1A. Section 3 Possession of corrosive or explosive substance for purpose of causing hurt”; ( b ) by deleting items 2 and 3 and the heading “Explosive Substances Act (Cap. 100)” of the First Schedule; and ( c ) by deleting items 1 and 2 and the heading “Explosive Substances Act (Cap. 100)” of the Second Schedule.


document_id: gewca-2021
provision_ref: s98
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 98
title: Repeal
content:
98. The following Acts are repealed: ( a ) the Arms and Explosives Act; ( b ) the Dangerous Fireworks Act; ( c ) the Explosive Substances Act.


document_id: gewca-2021
provision_ref: s99
chapter: PART 9 - AMENDMENTS TO OTHER ACTS
section: 99
title: Saving and transitional provisions
content:
99. —(1) Subject to the adaptations provided in the Third Schedule, this Act applies to and in relation to every person holding a licence that is — ( a ) granted under the repealed Arms and Explosives Act to carry on a regulated activity before the date of commencement of section 98( a ); and ( b ) in force immediately before that date. (2) Every person who, immediately before the date of commencement of section 19, carries on business as a shooting range operator or paintball range operator may continue to carry on that business — ( a ) for 2 months after that date or until an order under section 56 is earlier made applicable to the person for carrying on business as a shooting range operator or paintball range operator; or ( b ) for 2 months after that date and, if within that period the person applies for a licence under Part 4 to carry on business as a shooting range operator or paintball range operator, for a further period ending on the happening of the earlier of the following: (i) the date on which a Licensing Officer grants a licence to the person to carry on business as a shooting range operator or paintball range operator; (ii) the date that the application is finally refused or is withdrawn. (3) Despite Part 2, every person who, immediately before the date of commencement of section 98( b ), is by notification made under the repealed Dangerous Fireworks Act, exempt from all the provisions of that Act in respect of a regulated activity may continue to carry on that regulated activity — ( a ) for 2 months after that date or until an order under section 56 is earlier made applicable to the person with respect to that regulated activity; or ( b ) for 2 months after that date and, if within that period the person applies for a licence under Part 4, for a further period ending on the happening of the earlier of the following: (i) the date on which a Licensing Officer grants a licence to the person; (ii) the date that the application is finally refused or is withdrawn. (4) For a period of 2 years after the date of commencement of this section, the Minister may, by order in the Gazette , amend the Third Schedule by prescribing such additional provisions of a saving or transitional nature consequent on the enactment of this section as the Minister may consider necessary or expedient. (5) Nothing in this section or the Third Schedule affects section 16 of the Interpretation Act (Cap. 1).


document_id: gia-1934
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires, “court” means the General Division of the High Court or a Family Court. [27/2014; 40/2019]


document_id: gia-1934
provision_ref: s3
section: 3
title: Welfare of infant to be paramount consideration
content:
3. Where in any proceedings before any court the custody or upbringing of an infant or the administration of any property belonging to or held in trust for an infant or the application of the income thereof is in question, the court, in deciding that question, shall regard the welfare of the infant as the first and paramount consideration and, save insofar as such welfare otherwise requires, the father of an infant shall not be deemed to have any right superior to that of the mother in respect of such custody, administration or application nor shall the mother be deemed to have any claim superior to that of the father.


document_id: gia-1934
provision_ref: s4
section: 4
title: Equal right of mother to apply to court
content:
4. The mother of an infant shall have the like powers of applying to the court in respect of any matter affecting the infant as are possessed by the father.


document_id: gia-1934
provision_ref: s5
section: 5
title: Power of court to make, discharge or amend orders for custody and maintenance of infants
content:
5. The court may, upon the application of either parent or of any guardian appointed under this Act, make orders as it may think fit regarding the custody of such infant, the right of access thereto and the payment of any sum towards the maintenance of the infant and may alter, vary or discharge such order on the application of either parent or of any guardian appointed under this Act.


document_id: gia-1934
provision_ref: s5A
section: 5A
title: Enforcement of child access order
content:
5A. —(1) This section applies where — ( a ) the court makes an order under section 5 (called in this section the access order) giving a person ( X ) access to a child; and ( b ) the order is breached by the person ( Y ) who is required by the order to give X access to the child. (2) X may apply to the court to enforce the access order against Y . (3) Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2): ( a ) order Y to give X additional access to the child to make up for the access denied to X as a result of the breach; ( b ) order Y to compensate X for any reasonable expenses incurred by X as a result of the breach; ( c ) order X , Y and the child (or any of them) to attend all or any of the following: (i) counselling; (ii) mediation; (iii) a therapeutic or an educational programme specified by the court; (iv) a family support programme as defined in section 139A of the Women’s Charter 1961; ( d ) order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y ’s future compliance with the access order; ( e ) for every breach of the access order by Y , sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (4) To avoid doubt, an order under subsection (3)( a ) must not give X more access than what X is entitled to under the access order. (5) The court may, in making any order under subsection (3)( a ), ( b ), ( c ) or ( d ) in respect of a breach of the access order — ( a ) reserve the question whether Y should also be sentenced under subsection (3)( e ) for that breach; and ( b ) return to the question subsequently (without X having to make a fresh application). (6) In respect of a breach of an access order, X may do either, but not both, of the following: ( a ) make an application under subsection (2); ( b ) bring proceedings to punish Y for contempt of court in respect of that breach. [Act 3 of 2022 wef 02/01/2025] (7) Unless the Family Justice Rules provide otherwise, an application to a Family Court under this section (called in this subsection the relevant application) — ( a ) must be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and ( b ) is to be dealt with — (i) as if the relevant application were a complaint for the purposes of that Code; but (ii) in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules. [Act 18 of 2023 wef 02/01/2025] (8) Despite section 47(1) of the Family Justice Act 2014, an access order made by the General Division of the High Court (whether before, on or after 1 October 2014) may be enforced by a Family Court in accordance with this section as if the access order had been made by the Family Court, except that a Family Court has no power to vary an order of the General Division of the High Court. [Act 18 of 2023 wef 02/01/2025]


document_id: gia-1934
provision_ref: s6
section: 6
title: Rights of surviving parent as to guardianship
content:
6. —(1) On the death of the father of an infant, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guardian appointed by the father. When no guardian has been appointed by the father or if the guardian or guardians appointed by the father is or are dead or refuses or refuse to act, the court may if it thinks fit appoint a guardian to act jointly with the mother. (2) On the death of the mother of an infant, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guardian appointed by the mother. When no guardian has been appointed by the mother or if the guardian or guardians appointed by the mother is or are dead or refuses or refuse to act, the court may if it thinks fit appoint a guardian to act jointly with the father. (3) Where an infant has no parent, no guardian of the person and no other person having parental rights with respect to him, the court, on the application of any person, may, if it thinks fit, appoint the applicant to be the guardian of the infant.


document_id: gia-1934
provision_ref: s7
section: 7
title: Power of father and mother to appoint testamentary guardians
content:
7. —(1) The father of an infant may by deed or will appoint any person to be guardian of the infant after his death. (2) The mother of an infant may by deed or will appoint any person to be guardian of the infant after her death. (3) Any guardian so appointed shall act jointly with the mother or father, as the case may be, of the infant so long as the mother or father remains alive, unless the mother or father objects to his so acting. (4) If the mother or father so objects, or if the guardian so appointed as aforesaid considers that the mother or father is unfit to have the custody of the infant, the guardian may apply to the court, and the court may either refuse to make any order (in which case the mother or father shall remain sole guardian) or make an order that the guardian so appointed shall act jointly with the mother or father, or that he shall be sole guardian of the infant, and in the later case may make such order regarding the custody of the infant and the right of access thereto of the mother or father as, having regard to the welfare of the infant, the court may think fit, and may further order that the mother or father shall pay to the guardian towards the maintenance of the infant such weekly or other periodical sum as, having regard to the means of the mother or father, the court may consider reasonable. (5) Where guardians are appointed by both parents, the guardians so appointed shall after the death of the surviving parent act jointly. (6) If a guardian has been appointed by the court to act jointly with a surviving parent, he shall continue to act as guardian after the death of the surviving parent; but if the surviving parent has appointed a guardian, the guardian appointed by the court shall act jointly with the guardian appointed by the surviving parent.


document_id: gia-1934
provision_ref: s8
section: 8
title: Dispute between joint guardians
content:
8. Where 2 or more persons act as joint guardians of an infant and they are unable to agree on any question affecting the welfare of the infant, any of them may apply to the court for its direction, and the court may make such order regarding the matters in difference as it may think proper including power — ( a ) to make such orders regarding the custody of the infant and the right of access thereto of the mother or father as, having regard to the welfare of the infant, the court may think fit; ( b ) to order the mother or father to pay towards the maintenance or education of the infant such weekly or other periodical sum as, having regard to the means of the mother or father, the court may consider reasonable; and ( c ) to vary or discharge any order previously made under this section.


document_id: gia-1934
provision_ref: s9
section: 9
title: Enforcement of orders for payment of money
content:
9. —(1) When the court has made any order under this Act for payment of money, the court shall, in addition to any other powers for enforcing compliance with the order, have power, in any case where there is any pension or income payable to the person against whom the order was made and capable of being attached, after giving the person by whom the pension or income is payable an opportunity of being heard, to order that such part as the court may think fit of any such pension or income be attached and paid to the persons named by the court and such further order shall be an authority to the person by whom such pension or income is payable to make the payment so ordered, and the receipt of the person to whom the payment is ordered to be made shall be a good discharge to the person by whom the pension or income is payable. (2) This section shall be binding on the Government.


document_id: gia-1934
provision_ref: s10
section: 10
title: Removal of guardian
content:
10. The court may remove from his guardianship any guardian, and may appoint another guardian in his place. [27/2014]


document_id: gia-1934
provision_ref: s11
section: 11
title: Matters to be considered
content:
11. The court, in exercising the powers conferred by this Act, must have regard primarily to the welfare of the infant, and must consider — ( a ) where the infant has a parent or parents — the wishes of the parent or both of them, as the case may be; and ( b ) where the infant is of an age to express an independent opinion — the wishes of the infant. [Act 18 of 2023 wef 31/01/2024]


document_id: gia-1934
provision_ref: s11A
section: 11A
title: Court to have regard to advice of welfare officers, etc.
content:
11A. When considering any question relating to the custody of any child, the court shall, whenever it is practicable, have regard to the advice of a person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice. [2/2011]


document_id: gia-1934
provision_ref: s12
section: 12
title: Variation of trusts for maintenance of infant
content:
12. Where an infant is by an order of any court made under this Act removed from the care of any person and that person is entitled under any trust to receive any sum of money in respect of the maintenance of the infant, the court may order the whole or any part of the sum so payable under the trust to be paid to the person to whose care the infant is committed, to be applied by that person for the benefit of the infant in such manner as, having regard to the terms of the trust, the court may direct.


document_id: gia-1934
provision_ref: s13
section: 13
title: Production of infant
content:
13. The court may, for the purpose of any application under this Act — ( a ) direct any person appearing to have the custody of an infant to produce the infant before the court or at such other place as the court may appoint; and ( b ) make such order for the temporary custody and protection of the infant as the court thinks fit. [27/2014]


document_id: gia-1934
provision_ref: s14
section: 14
title: Placing infant in custody of guardian
content:
14. Where an infant leaves, or is removed from, the custody of his lawful guardian, the court may order that he be returned to such custody, and for the purposes of enforcing such order, may direct the bailiff to seize the person of the infant and deliver him into the custody of his lawful guardian. [27/2014]


document_id: gia-1934
provision_ref: s15
section: 15
title: Security to be given
content:
15. —(1) Where a person appointed by the court is the guardian of an infant’s property, he shall unless the court otherwise orders, give security in such sum as may be appointed for the due performance of his duties as such guardian. [27/2014] (2) Such security shall be given in the manner prescribed for the time being in the case of receivers appointed by the court; and the guardian so appointed shall pass his accounts at such periods as may be ordered, and shall pay any balance certified to be due from him into court in the manner prescribed in the case of receivers.


document_id: gia-1934
provision_ref: s16
section: 16
title: Limitation of guardian’s powers
content:
16. —(1) A guardian of the property of an infant shall not, without the permission of the court — ( a ) sell, mortgage, exchange, or otherwise part with the possession of any of the movable or immovable property of the infant; or ( b ) lease any land belonging to the infant for a term exceeding one year. [27/2014] [Act 25 of 2021 wef 15/10/2024] (2) Any disposal of an infant’s property in contravention of this section may be declared void, and on such declaration the court may make such order as appears requisite for restoring to the infant’s estate the property so disposed of. [27/2014] (3) The court shall not make any order under subsection (1) unless it is necessary or advisable in the interests of the infant. [27/2014]


document_id: gia-1934
provision_ref: s17
section: 17
title: Guardian may not give discharge for capital property
content:
17. A guardian of the property of an infant shall not, unless in any case the court otherwise orders, be empowered to give a good discharge for any legacy or other capital moneys payable to or receivable by an infant. [27/2014]


document_id: gia-1934
provision_ref: s18
section: 18
title: Guardian may support infant out of income
content:
18. —(1) A guardian of the property of an infant may make reasonable provision out of the income of such property for his maintenance and education, having regard to his station in life; but no sum exceeding $100 per month may be so applied without the permission of the court. [27/2014] [Act 25 of 2021 wef 15/10/2024] (2) Where the income of the infant’s property in the hands of the guardian is insufficient for such purpose, or money is required for the infant’s advancement, the court may order that provision for such purpose be made out of the capital of the infant’s property, and for such purpose may authorise the sale or mortgage of any part of the infant’s property, and give such directions in regard thereto as may be necessary in the interests of the infant. [27/2014]


document_id: gia-1934
provision_ref: s19
section: 19
title: Special order in case of small estate
content:
19. —(1) If it appears that, having regard to the station in life of an infant and to the value of his property and to all the circumstances of the case, it would be expedient that the capital property of the infant should be made available for his maintenance, education or advancement in such manner as to avoid the expense of applications to the court, the court may, instead of appointing a guardian of the property of the infant, order that all the property of the infant of whatsoever description shall be placed in the hands of a person to be appointed by the court, with full power to deal with and apply the same for the purpose aforesaid in his sole and uncontrolled discretion; and in such case the receipt of the person so appointed shall be a good discharge to any person making any payment or transfer of any property to him on behalf of the infant. [27/2014] (2) Any person so appointed may be ordered by the court to render an account of his dealings with the infant’s estate. [27/2014] (3) The court may for any sufficient reason discharge any order, or revoke any appointment, made under subsection (1), and may appoint another person with the same power or such greater or less power as may appear advisable, or may appoint a guardian of the infant’s property. [27/2014]


document_id: gia-1934
provision_ref: s20
section: 20
title: Application for opinion, etc.
content:
20. Any guardian may apply to the court for the court’s opinion, advice or direction on any question respecting the management or administration of the infant’s property. [27/2014]


document_id: gia-1934
provision_ref: s21
section: 21
title: Exception for money paid into a District Court
content:
21. Unless the court otherwise orders, nothing in this Act shall apply to any money paid into a District Court to the credit of an infant in any action or proceeding in a District Court or to any money in a District Court ordered to be transferred to the credit of an infant, but the same shall be dealt with according to the Rules of Court. [16/93; 5/2014; 27/2014]


document_id: gia-2014
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. —(1) This Act is the Geographical Indications Act 2014. (2) Part 6 comes into operation on such date as the Minister may, by notification in the Gazette , appoint.


document_id: gia-2014
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Court” means the General Division of the High Court; “earlier geographical indication”, in relation to an application for registration of a geographical indication made under section 39 (called in this definition the application in question), means a geographical indication — ( a ) which has been registered under section 48; or ( b ) an application for registration of which has been made under section 39, before the date of the application in question; “geographical indication” means any indication used in trade to identify goods as originating from a place, provided that — ( a ) the place is a qualifying country or a region or locality in a qualifying country; and ( b ) a given quality, reputation or other characteristic of the goods is essentially attributable to that place; “goods” means any natural or agricultural product or any product of handicraft or industry; “homonymous geographical indication” means a geographical indication that, in part or in whole, has the same spelling as, or sounds the same as, a geographical indication for any goods having a different geographical origin; “interested party”, in relation to goods identified by a geographical indication, means a producer of the goods, a trader of the goods, or an association of such producers or traders or of such producers and traders; “international trade mark (Singapore)” has the meaning given by the Trade Marks Act 1998; “Office” means the Intellectual Property Office of Singapore established under the Intellectual Property Office of Singapore Act 2001; “Paris Convention” means the Convention for the Protection of Industrial Property signed at Paris on 20 March 1883, and any revision or amendment thereto which has come into force and has been accepted by the Government; “place”, in relation to a geographical indication, means a country or territory and includes a region or locality in a country or territory; “producer” means — ( a ) in relation to agricultural products, a person who produces those products for sale or other commercial purposes; ( b ) in relation to natural products, a person who exploits those products for sale or other commercial purposes; or ( c ) in relation to products of handicraft or industry, a person who manufactures those products for sale or other commercial purposes; “proprietor” means — ( a ) in relation to a registered trade mark, the person in whose name the trade mark is registered; ( b ) in relation to an unregistered trade mark that is a well known trade mark, the person to whom the trade mark belongs; or ( c ) in relation to a trade mark referred to in section 41(5)( b ), the person who used the trade mark in accordance with that provision; “qualifying country” means any country or territory which is — ( a ) a member of the World Trade Organization; ( b ) a party to the Paris Convention; or ( c ) designated by the Minister as a qualifying country under section 83; “register” means — ( a ) when used as a noun, the register of geographical indications maintained by the Registrar under section 21; and ( b ) when used as a verb, to enter in the register; “registered geographical indication” means a geographical indication that is registered under section 48; “registered trade mark” means a trade mark registered under the Trade Marks Act 1998; “registrant”, in relation to a registered geographical indication, means the person in whose name the geographical indication is registered; “Registrar” means the Registrar of Geographical Indications appointed under section 17 and includes any Deputy Registrar or Assistant Registrar of Geographical Indications appointed under that section; “Registry” means the Registry of Geographical Indications established under section 19; “repealed Act” means the Geographical Indications Act (Cap. 117B, 1999 Revised Edition) repealed by this Act; “trade mark” has the meaning given by the Trade Marks Act 1998; “trader”, in relation to goods, means any person — ( a ) who sells the goods in Singapore; or ( b ) who supplies the goods in Singapore for the purpose of their being sold by another person in Singapore; “use” means use as part of, or in connection with — ( a ) any transaction, including a purchase, a sale or an exchange; ( b ) any importing or exporting; ( c ) any advertisement; or ( d ) any invoice, wine list, catalogue, business letter, business paper, price list or other commercial document; “variant”, in relation to a geographical indication, means a variant of the indication constituting the geographical indication, and includes any translation, transliteration or other variation of the indication; “well known trade mark” has the meaning given by the Trade Marks Act 1998. [40/2019; 5/2020] (2) There may be 2 or more variants constituting the same geographical indication. [5/2020] (3) A geographical indication, and each variant constituting the geographical indication (if any), may contain 2 or more words. [5/2020]


document_id: gia-2014
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Act
content:
3. —(1) Unless expressly provided otherwise in subsection (2) or elsewhere in this Act, this Act applies to all geographical indications, whether or not registered under section 48. (2) Sections 4(6) to (9), 75, 76 and 79, Division 2 of Part 3, Division 2 of Part 5, and Part 6 only apply to registered geographical indications.


document_id: gia-2014
provision_ref: s4
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 4
title: Interested party may bring action for certain uses of geographical indication
content:
4. —(1) Subject to the provisions of this Act, an interested party of goods identified by a geographical indication may bring an action against a person for carrying out an act to which this section applies in relation to the geographical indication. (2) This section applies to the following acts: ( a ) the use of a geographical indication in relation to any goods which did not originate in the place indicated by the geographical indication, in a manner which misleads the public as to the geographical origin of the goods; ( b ) any use of a geographical indication which constitutes an act of unfair competition within the meaning of Article 10 bis of the Paris Convention; ( c ) any use of a geographical indication, being a geographical indication which identifies a wine, in relation to a wine which did not originate from the place indicated by the geographical indication, whether or not — (i) the true geographical origin of the second‑mentioned wine is used together with the geographical indication; (ii) the geographical indication is used in translation; or (iii) the geographical indication is accompanied by any of the words “kind”, “type”, “style” or “imitation” or any similar word or expression; and ( d ) any use of a geographical indication, being a geographical indication which identifies a spirit, in relation to a spirit which did not originate from the place indicated by the geographical indication, whether or not — (i) the true geographical origin of the second‑mentioned spirit is used together with the geographical indication; (ii) the geographical indication is used in translation; or (iii) the geographical indication is accompanied by any of the words “kind”, “type”, “style” or “imitation” or any similar word or expression. (3) Any use of a geographical indication within the meaning of subsection (2) is deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another place. (4) In subsection (2), “use of a geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question. (5) Subsection (2)( c ) and ( d ) does not apply to the use of a geographical indication to identify an ingredient of a wine and an ingredient of a spirit, respectively, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the wine or spirit (as the case may be) originates in the place indicated by the geographical indication. (6) This section applies to any use of a registered geographical indication which identifies any agricultural product or foodstuff (other than a wine or a spirit) belonging to a category of goods listed in the Schedule, in relation to any goods which are of the same category as that agricultural product or foodstuff, but which did not originate in the place indicated by the registered geographical indication, whether or not — ( a ) the true geographical origin of those goods is used together with the registered geographical indication; ( b ) the registered geographical indication is used in translation; or ( c ) the registered geographical indication is accompanied by any of the words “kind”, “type”, “style” or “imitation” or any similar word or expression. (7) Any use of a registered geographical indication within the meaning of subsection (6) is deemed to be an act to which this section applies, even if the geographical indication is literally true as to the geographical origin of the goods in question, provided that such use falsely represents to the public that the goods originate in another place. (8) In subsection (6) — “foodstuff” means any natural or agricultural product that is meant for human consumption; “use of a registered geographical indication” includes the use of a trade mark which contains or consists of the geographical indication in question. (9) Subsection (6) does not apply to the use of a registered geographical indication to identify an ingredient of any goods, if the geographical indication is literally true as to the geographical origin of the ingredient in question, provided that such use does not falsely represent to the public that the goods originate in the place indicated by the geographical indication.


document_id: gia-2014
provision_ref: s5
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 5
title: Remedies
content:
5. Subject to the provisions of this Act, if it is established to the satisfaction of the Court that the defendant to an action brought under section 4 has carried out or is carrying out an act to which that section applies, the Court may grant to the claimant one or both of the following: ( a ) an injunction (subject to such terms, if any, as the Court thinks fit) to restrain the further carrying out of the act; ( b ) damages or an account of profits. [Act 25 of 2021 wef 01/04/2022]


document_id: gia-2014
provision_ref: s6
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 6
title: Order for delivery up of goods, material and articles
content:
6. —(1) In any action brought under section 4 in relation to a geographical indication, the Court may, in addition to any relief granted under section 5, order any of the following in the possession of the defendant to the action or before the Court to be delivered up to the claimant: ( a ) goods in respect of which the defendant has been found to be carrying out or to have carried out, in relation to the geographical indication, an act to which section 4 applies; ( b ) material — (i) which bears an indication identical with or similar to the geographical indication; (ii) which is used by the defendant for labelling or packaging goods, or as a business paper, or for advertising goods; and (iii) in respect of which the defendant has been found to be carrying out or to have carried out, in relation to the geographical indication, an act to which section 4 applies; ( c ) articles — (i) used by the defendant to make upon material referred to in paragraph ( b ), copies of an indication identical with or similar to the geographical indication; or (ii) which the defendant has in the defendant’s possession, custody or control, knowing or having reason to believe that they have been, or are to be, used to make upon material referred to in paragraph ( b ), copies of an indication identical with or similar to the geographical indication. [Act 25 of 2021 wef 01/04/2022] (2) An order is not to be made under this section unless the Court also makes, or it appears to the Court that there are grounds for making, an order under section 7. (3) A person to whom any goods, material or articles are delivered up pursuant to an order under this section must, if an order under section 7 is not made, retain them pending the making of an order under that section, or until the decision not to make such order.


document_id: gia-2014
provision_ref: s7
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 7
title: Order as to disposal of goods, material or articles
content:
7. —(1) Where any goods, material or articles have been delivered up pursuant to an order under section 6, an application may be made to the Court — ( a ) for an order that they be destroyed or forfeited to such person as the Court may think fit; or ( b ) for a decision that no such order should be made. (2) In considering what order (if any) should be made, the Court is to have regard to — ( a ) whether other remedies available in an action under section 4 would be adequate to compensate the claimant and protect his, her or its interest; and [Act 25 of 2021 wef 01/04/2022] ( b ) the need to ensure that no goods, material or articles are disposed of in a manner that would adversely affect the claimant. [Act 25 of 2021 wef 01/04/2022] (3) The Court is to issue directions as to the service of notice on persons having an interest in the goods, material or articles. (4) Any person having an interest in the goods, material or articles is entitled — ( a ) to appear in proceedings for an order under this section, whether or not that person is served with notice under subsection (3); and ( b ) to appeal against any order made, whether or not that person appears in the proceedings for that order. (5) An order made under this section does not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal. (6) Where there is more than one person interested in the goods, material or articles, the Court may direct that the goods, material or articles be sold, or otherwise dealt with, and the proceeds divided, and make any other order as it thinks just. (7) If the Court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up, is entitled to their return.


document_id: gia-2014
provision_ref: s8
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 8
title: Remedy for groundless threats of proceedings under section 4
content:
8. —(1) Where a person threatens another with proceedings for an action for carrying out an act to which section 4 applies, other than — ( a ) the application of a geographical indication in relation to goods or to material used or intended to be used for labelling or packaging goods; or ( b ) the importation of goods to which, or to the packaging of which, the geographical indication has been used, any aggrieved person may bring proceedings for relief under this section. (2) The relief which may be applied for is any of the following: ( a ) a declaration that the threats are unjustifiable; ( b ) an injunction against the continuance of the threats; ( c ) damages in respect of any loss an aggrieved person has sustained by the threats. (3) A claimant to an action under this section is entitled to the relief referred to in subsection (2) unless the defendant shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies. [Act 25 of 2021 wef 01/04/2022] (4) If the defendant to an action under this section shows that the act in respect of which proceedings were threatened constitutes (or if done would constitute) an act to which section 4 applies, the claimant is nevertheless entitled to relief if the claimant shows that an exception under this Act applies to the act concerned. [Act 25 of 2021 wef 01/04/2022] (5) The mere notification that a geographical indication is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purposes of this section. (6) Nothing in this section renders an advocate and solicitor liable to an action under this section in respect of an act done by the advocate and solicitor in his or her professional capacity on behalf of a client.


document_id: gia-2014
provision_ref: s9
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 9
title: Declaration by Court
content:
9. Without affecting the jurisdiction of the Court to make a declaration apart from this section, the Court may, in proceedings between a person carrying out or proposing to carry out an act and any interested party of goods identified by a geographical indication, make a declaration that section 4 does not apply to that act or proposed act, even though no assertion to the contrary has been made by that interested party or any other interested party of goods identified by the geographical indication.


document_id: gia-2014
provision_ref: s10
chapter: PART 2 - PROTECTION FOR GEOGRAPHICAL INDICATIONS
section: 10
title: Homonymous geographical indications for prescribed goods
content:
10. —(1) Any interested party of any prescribed goods identified by homonymous geographical indications may take action under section 4 against the carrying out of an act to which that section applies. (2) Any interested party of any prescribed goods identified by homonymous geographical indications may, where no practical conditions in respect of the homonymous geographical indications have been imposed by the Registrar under section 42(2), apply to the Court for a declaration of the practical conditions under which the homonymous geographical indications are to be differentiated from one another. (3) The Court in making a declaration under subsection (2), is to take into account — ( a ) the need to ensure equitable treatment of all the interested parties concerned; and ( b ) the need to ensure that consumers are not misled.


document_id: gia-2014
provision_ref: s11
chapter: PART 3 - EXCEPTIONS
section: 11
title: Certain uses of geographical indications excepted
content:
11. Section 4 does not apply to — ( a ) the use of a geographical indication, being a geographical indication which is contrary to public policy or morality; ( b ) the use of a geographical indication, being a geographical indication which is not or has ceased to be protected in its country or territory of origin; ( c ) the use of a geographical indication in relation to any goods or services which is identical with the common name of the goods or services in Singapore; ( d ) the use of a geographical indication, being a geographical indication which is identical with the customary name of a grape variety existing in Singapore as of 1 January 1995, with respect to products of the vine of that or any other grape variety; or ( e ) the use of a geographical indication which is not registered under this Act, and which has fallen into disuse in its country or territory of origin.


document_id: gia-2014
provision_ref: s12
chapter: PART 3 - EXCEPTIONS
section: 12
title: Exceptions regarding prior users
content:
12. —(1) Section 4 does not apply to the use by a qualified person of a geographical indication (being a geographical indication identifying a wine or a spirit) in relation to any goods or services if the qualified person has, or the qualified person and the qualified person’s predecessor in title have, continuously used in Singapore that geographical indication in relation to those goods or services or related goods or services either — ( a ) for at least 10 years preceding 15 April 1994; or ( b ) in good faith preceding that date. (2) Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a geographical indication if — ( a ) the application for the registration of the trade mark was made in good faith, or the trade mark was registered in good faith, under the Trade Marks Act 1998 or any previous written law relating to trade marks; or ( b ) the person has, or the person and the person’s predecessor in title have, continuously used that trade mark in good faith in Singapore in the course of trade, either — ( c ) before 15 January 1999; or ( d ) before the geographical indication in question is protected in its country or territory of origin. (3) In subsection (1), “qualified person” means — ( a ) a citizen of Singapore or an individual resident in Singapore; ( b ) a body corporate incorporated under any written law in Singapore; or ( c ) any other person who has a real and effective industrial or commercial establishment in Singapore.


document_id: gia-2014
provision_ref: s13
chapter: PART 3 - EXCEPTIONS
section: 13
title: Exception for use of personal name
content:
13. Section 4 does not apply to the use in the course of trade by a person of that person’s name or the name of that person’s predecessor in business, except where the name is used in such a manner as to mislead the public.


document_id: gia-2014
provision_ref: s14
chapter: PART 3 - EXCEPTIONS
section: 14
title: Exception for failure to take action
content:
14. —(1) No action under section 4 against a person for the use of a trade mark which contains or consists of a geographical indication may be brought after the expiry of 5 years beginning immediately after the earlier of the following dates: ( a ) the date on which such use by that person or that person’s predecessor in title has become generally known in Singapore; ( b ) the date on which the trade mark was actually registered under the Trade Marks Act 1998 or any previous written law relating to trade marks, if the trade mark has been published by that date. (2) Subsection (1) does not apply where the trade mark was used, or registered, in bad faith. Division 2 &#x2014; Exceptions applicable to registered
geographical indications


document_id: gia-2014
provision_ref: s15
chapter: PART 3 - EXCEPTIONS
section: 15
title: Certain uses of registered geographical indications excepted
content:
15. Section 4 does not apply to — ( a ) the use in the course of trade of any name contained in a registered geographical indication in relation to any goods or services, where the name is identical with the term customarily used in common language to describe such goods or services in Singapore; or ( b ) the use in the course of trade of a registered geographical indication, or any term contained in a registered geographical indication, that is the name of a plant variety or an animal breed.


document_id: gia-2014
provision_ref: s16
chapter: PART 3 - EXCEPTIONS
section: 16
title: Exceptions for prior users of registered geographical indications and trade marks
content:
16. —(1) Section 4 does not apply to the use by a qualified person of a registered geographical indication (being a geographical indication identifying any goods other than a wine or a spirit) in relation to any goods or services if the qualified person has, or the qualified person and the qualified person’s predecessor in title have, continuously used in Singapore that geographical indication in relation to those goods or services or related goods or services either — ( a ) for at least 10 years preceding 1 January 2004; or ( b ) in good faith preceding that date. (2) Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a registered geographical indication if — ( a ) the trade mark is a registered trade mark or an international trade mark (Singapore), and taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act 1998 — (i) the application for the registration of the trade mark was made in good faith; or (ii) the trade mark was registered in good faith, under the Trade Marks Act 1998 or any previous written law relating to trade marks, before the date of the application for registration of the geographical indication in Singapore; or ( b ) the person has, or the person and the person’s predecessor in title have, continuously used that trade mark in good faith in Singapore in the course of trade, before the date of the application for registration of the geographical indication in Singapore. (3) Section 4 does not apply to the use by a person of a trade mark which is identical or similar to a registered geographical indication if — ( a ) the trade mark is, before the date of the application for registration of the geographical indication in Singapore, a well known trade mark in Singapore; and ( b ) the application of section 4 to the use of that trade mark is liable to mislead consumers as to the true identity of the goods identified by that geographical indication. (4) In subsection (1), “qualified person” means — ( a ) a citizen of Singapore or an individual resident in Singapore; ( b ) a body corporate incorporated under any written law in Singapore; or ( c ) any other person who has a real and effective industrial or commercial establishment in Singapore.


document_id: gia-2014
provision_ref: s17
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 17
title: Registrar of Geographical Indications and other officers
content:
17. —(1) There is to be a Registrar of Geographical Indications who has the control of the Registry of Geographical Indications. (2) There are to be one or more Deputy Registrars of Geographical Indications who, subject to the control of the Registrar, have all the powers and functions of the Registrar under this Act, other than the powers of the Registrar under section 18. (3) There are to be one or more Assistant Registrars of Geographical Indications. (4) The Registrar and all the other officers under this section must be appointed by the Minister.


document_id: gia-2014
provision_ref: s18
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 18
title: Delegation by Registrar
content:
18. —(1) The Registrar may, in relation to a particular matter or class of matters, by writing under the hand of the Registrar, delegate all or any of the Registrar’s powers or functions under this Act (except this power of delegation) to an Assistant Registrar of Geographical Indications, any public officer, or any person with the relevant qualifications for or experience in the matter or class of matters, so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation. (2) A delegation under this section is revocable at will and no delegation prevents the exercise of a power or function by the Registrar or by a Deputy Registrar of Geographical Indications. (3) A person with the relevant qualifications or experience mentioned in subsection (1) is, when exercising the delegated powers and functions, deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: gia-2014
provision_ref: s19
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 19
title: Registry of Geographical Indications
content:
19. For the purposes of this Act, there is established an office known as the Registry of Geographical Indications.


document_id: gia-2014
provision_ref: s20
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 20
title: Seal of Registry
content:
20. There is to be a seal of the Registry and impressions of the seal are to be judicially noticed. Division 2 &#x2014; The register


document_id: gia-2014
provision_ref: s21
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 21
title: Register of geographical indications
content:
21. —(1) The Registrar must maintain a register of geographical indications. (2) All of the following are to be entered in the register in accordance with this Act: ( a ) registered geographical indications; ( b ) such other matters relating to registered geographical indications as may be prescribed. (3) The register may be kept in whole or in part using a computer. (4) Any record of a particular or other matter made by using a computer for the purpose of keeping the register is taken to be an entry in the register.


document_id: gia-2014
provision_ref: s22
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 22
title: Rectification of register, etc.
content:
22. —(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register. (2) An application for rectification may not be made in respect of a matter affecting the validity of the registration of a geographical indication. (3) An application for rectification may be made either to the Registrar or to the Court, except that — ( a ) if proceedings concerning the geographical indication in question are pending in the Court, the application must be made to the Court; and ( b ) if in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court. (3A) An application to the Registrar for rectification is subject to the rules mentioned in section 84(2)( ea ). [Act 7 of 2022 wef 26/05/2022] (4) The Registrar or the Court may allow an application for rectification if satisfied that an error or omission exists in the register, and that the rectification should be made. (5) Except where the Registrar or the Court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made. (6) The Registrar may, on request made in the prescribed manner by the registrant of a registered geographical indication, enter any change in the registrant’s name or address as recorded in the register. (7) The Registrar may remove from the register any matter appearing to the Registrar to have ceased to have effect. [Act 7 of 2022 wef 26/05/2022]


document_id: gia-2014
provision_ref: s23
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 23
title: Inspection of and extract from register
content:
23. —(1) The register must be available at the Registry for inspection by any person during the hours when the Registry is open for business. (2) If the register, or any part of the register, is kept by using a computer, subsection (1) is satisfied if a person who wants to inspect the register or that part of the register is given access to a computer terminal from which the person can read on a screen, or obtain a printed copy of, the particulars or other matters recorded in the register or that part of the register. (3) Any person who applies for a certified copy of an entry in the register or a certified extract from the register is entitled to obtain such a copy or an extract on payment of the prescribed fee. (4) In this section, “certified copy” and “certified extract” mean a copy and an extract certified by the Registrar.


document_id: gia-2014
provision_ref: s24
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 24
title: Falsification of register, etc.
content:
24. Any person who — ( a ) makes, or causes to be made, a false entry in the register; ( b ) makes, or causes to be made, any thing false purporting to be a copy of an entry in the register; or ( c ) produces or tenders or causes to be produced or tendered in evidence any thing referred to in paragraph ( b ), knowing or having reason to believe that the entry or thing (as the case may be) is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.


document_id: gia-2014
provision_ref: s25
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 25
title: Falsely representing geographical indication as registered
content:
25. —(1) Any person who — ( a ) falsely represents that a geographical indication is a registered geographical indication; or ( b ) makes a false representation as to the goods for which a geographical indication is registered, knowing or having reason to believe that the representation is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) For the purposes of this section, the use in Singapore, in relation to a geographical indication, of — ( a ) the word “registered”; or ( b ) any other word or symbol importing a reference (express or implied) to registration, is deemed to be a representation as to registration under this Act unless it is shown that the reference is to registration elsewhere than in Singapore and that the geographical indication is in fact so registered for the goods in question. Division 3 &#x2014; Powers and duties of Registrar


document_id: gia-2014
provision_ref: s26
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 26
title: Costs awarded by Registrar
content:
26. —(1) The Registrar may award costs in respect of the matters, and in the amounts provided for in rules made under this Act, against any party to proceedings brought before the Registrar. (2) The rules may provide for the assessment of the costs, or any part of the costs, by the Registrar. [Act 25 of 2021 wef 01/04/2022] (3) A party desirous to obtain costs or to have the costs assessed must apply to the Registrar in accordance with the rules. [Act 25 of 2021 wef 01/04/2022] (4) If a party is ordered to pay the costs of another party, the costs may be recovered in a court of competent jurisdiction as a debt due by the first party to the other party.


document_id: gia-2014
provision_ref: s27
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 27
title: Security for costs
content:
27. If a person who neither resides nor carries on business in Singapore — ( a ) gives notice of opposition under section 45; ( b ) makes a request under section 46 for the entry in the register of a qualification of the rights conferred upon a registered geographical indication; or ( c ) applies to the Registrar under section 52 for the registration of a geographical indication to be cancelled, the Registrar may require the person to give security for the costs for the proceedings and may, if security is not given, dismiss the proceedings.


document_id: gia-2014
provision_ref: s28
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 28
title: Evidence before Registrar
content:
28. The Registrar may, for the purposes of any proceedings before the Registrar under this Act — ( a ) summon witnesses; ( b ) receive evidence on oath, whether orally or otherwise; and ( c ) require the production of documents or articles.


document_id: gia-2014
provision_ref: s29
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 29
title: Disobedience to summons an offence
content:
29. —(1) A person who has been summoned to appear as a witness before the Registrar must not, without lawful excuse, fail to appear in obedience to the summons. (2) A person who has been required by the Registrar to produce any document or article must not, without lawful excuse, fail to produce the document or article. (3) 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 $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: gia-2014
provision_ref: s30
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 30
title: Refusal to give evidence an offence
content:
30. —(1) A person who appears before the Registrar must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, which the person is lawfully required to produce or answer. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: gia-2014
provision_ref: s31
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 31
title: Exclusion of liability in respect of official acts
content:
31. —(1) The Office and the Registrar are not to be taken to warrant the validity of the registration of a geographical indication under this Act or under any treaty, convention, arrangement or engagement to which Singapore is a party. (2) Neither the Office nor the Registrar is subject to any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination. (3) No proceedings shall lie against an officer of the Office or the Registrar in respect of any matter for which, by virtue of this section, the Office or the Registrar is not liable.


document_id: gia-2014
provision_ref: s32
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 32
title: Appeals from Registrar
content:
32. —(1) Except as provided under subsection (2) or by rules made under this Act, there is no appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act. (2) The following are subject to appeal to the Court: ( a ) a decision of the Registrar under section 22; ( b ) a decision of the Registrar under section 40(2) as to whether any specific goods fall within a category of goods set out in the Schedule; ( c ) a decision of the Registrar as to the registrability of a geographical indication; ( d ) a decision of the Registrar under section 42(2) on the practical conditions differentiating a homonymous geographical indication from an earlier geographical indication; ( e ) a decision of the Registrar under section 46(6) on a request for entry in the register of a qualification of the rights conferred upon a registered geographical indication; ( f ) a decision of the Registrar relating to a request for cancellation under section 52. (3) An appeal does not lie to the appellate court from a decision of the Court on appeal from a decision of the Registrar for any matter under this Act or the rules made under this Act unless permission to appeal is given by the appellate court. [23/2019; 40/2019] [Act 25 of 2021 wef 01/04/2022] (4) In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969. [40/2019] Division 4 &#x2014; Forms, fees, hours of business and publication


document_id: gia-2014
provision_ref: s33
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 33
title: Forms and directions of Registrar
content:
33. The Minister may make rules for the publication by the Registrar of — ( a ) the forms to be used for any purpose relating to the registration of a geographical indication or any other proceedings before the Registrar under this Act; and ( b ) the practice directions issued by the Registrar.


document_id: gia-2014
provision_ref: s34
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 34
title: Fees
content:
34. —(1) There must be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed. (2) The Minister may make rules as to the remission of fees in the prescribed circumstances. (3) All fees collected must be paid into the funds of the Office.


document_id: gia-2014
provision_ref: s35
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 35
title: Hours of business and excluded days
content:
35. —(1) The Registrar may issue practice directions to specify — ( a ) the hours of business of the Registry; and ( b ) the days which are to be treated as excluded days. (2) The Minister may prescribe the effect of doing any business under this Act — ( a ) on any day after the hours of business of the Registry; or ( b ) on any day which is an excluded day. (3) For the purposes of subsections (1) and (2) — ( a ) different hours of business may be specified for different classes of business; ( b ) different excluded days may be specified for different classes of business; and ( c ) different effects of doing business — (i) outside the hours of business of the Registry; or (ii) on an excluded day, may be prescribed for different classes of business. (4) In this section, “excluded day”, in relation to any specific class of business, means any day on which the Registry is taken to be closed for the purposes of the transaction by the public of that class of business.


document_id: gia-2014
provision_ref: s36
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 36
title: Publication of geographical indication applications, etc.
content:
36. The Minister may make rules for the publication by the Registrar of the particulars of any application for registration of a geographical indication and such other information relating to geographical indications as the Registrar thinks fit.


document_id: gia-2014
provision_ref: s37
chapter: PART 4 - REGISTRY OF GEOGRAPHICAL INDICATIONS
section: 37
title: Recognition of agents
content:
37. Except as otherwise provided by rules, any act required or authorised by this Act to be done by or to a person in connection with the registration of a geographical indication, or any procedure relating to a registered geographical indication, may be done by or to an agent authorised by that person orally or in writing.


document_id: gia-2014
provision_ref: s38
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 38
title: Persons who may apply for registration
content:
38. Each of the following persons is entitled to file an application for registration of a geographical indication: ( a ) a person who is carrying on an activity as a producer in the geographical area specified in the application with respect to the goods specified in the application; ( b ) an association of persons referred to in paragraph ( a ); ( c ) a competent authority having responsibility for the geographical indication for which registration is sought.


document_id: gia-2014
provision_ref: s39
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 39
title: Application for registration of geographical indications
content:
39. —(1) An application for registration of a geographical indication must be made to the Registrar in the prescribed manner and must specify — ( a ) the name, address and nationality of the applicant; ( b ) the capacity in which the applicant is applying for registration; ( c ) the geographical indication for which registration is sought; ( d ) the geographical area to which the geographical indication applies; ( e ) the goods to which the geographical indication applies; ( f ) the quality, reputation or other characteristic of the goods and how that quality, reputation or other characteristic (as the case may be) is essentially attributable to the place from which the goods originate; ( g ) where the geographical indication for which registration is sought relates to a qualifying country other than Singapore, evidence that the geographical indication has obtained recognition or registration as a geographical indication in the qualifying country of origin, where applicable; and ( h ) such other particulars as may be prescribed. (2) If a person desires to register any variant constituting a geographical indication and the geographical indication is the subject of an application for registration, the person may include that variant either in that application, or in a different application for registration. [5/2020] (3) The application is subject to the payment of the application fee and such other fees as may be appropriate. (4) The Registrar must not accept an application unless — ( a ) all the requirements under subsection (1) are satisfied; ( b ) all the fees payable under subsection (3) are paid; and ( c ) the applicant is entitled, under section 38, to file an application for registration of a geographical indication.


document_id: gia-2014
provision_ref: s40
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 40
title: Registration only in respect of prescribed categories of goods
content:
40. —(1) An application for registration of a geographical indication may only be sought in respect of goods falling within one or more of the categories of goods set out in the Schedule. (2) The Registrar is to determine whether or not any specific goods fall within a category of goods set out in the Schedule. (3) The Minister may, by notification published in the Gazette , amend the Schedule.


document_id: gia-2014
provision_ref: s41
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 41
title: Grounds for refusal of registration
content:
41. —(1) The following must not be registered: ( a ) an indication which does not fall within the meaning of “geographical indication” as defined in section 2; ( b ) a geographical indication which identifies goods that do not fall within any of the categories of goods set out in the Schedule; ( c ) a geographical indication which is contrary to public policy or morality; ( d ) a geographical indication which is not or has ceased to be protected in its country or territory of origin; ( e ) a geographical indication which is identical to the common name of any goods in Singapore, where registration of the geographical indication is sought in relation to those goods; ( f ) a geographical indication which contains the name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product. (2) For the purposes of subsection (1)( e ), any marketing material in Singapore which uses a geographical indication is relevant evidence that the geographical indication is not the common name of any goods in Singapore, if the marketing material suggests (for example, by using words or pictures) in a misleading manner that the goods to which the marketing material relate originate in the geographical origin of the geographical indication, when those goods originate elsewhere. (3) Subject to section 42, a geographical indication must not be registered if there exists a likelihood of confusion on the part of the public because the geographical indication is identical with or similar to, and has the same geographical origin as, an earlier geographical indication. (4) Subject to subsection (7), a geographical indication must not be registered if there exists a likelihood of confusion on the part of the public because — ( a ) the geographical indication is identical with or similar to a trade mark; and ( b ) the trade mark fulfils either or both of the conditions specified in subsection (5). (5) The conditions referred to in subsection (4)( b ) are as follows: ( a ) the trade mark is a registered trade mark or an international trade mark (Singapore), and taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act 1998 — (i) the application for the registration of the trade mark was made in good faith; or (ii) the trade mark was registered in good faith, under the Trade Marks Act 1998 or any previous written law relating to trade marks, before the date of application for registration of the geographical indication in Singapore; ( b ) the trade mark has been used in good faith in Singapore in the course of trade before the date of application for registration of the geographical indication in Singapore. (6) Subject to subsection (7), a geographical indication that is identical with or similar to a trade mark must not be registered if — ( a ) the trade mark is, before the date of application for registration of the geographical indication in Singapore, a well known trade mark in Singapore; and ( b ) registration of the geographical indication is liable to mislead consumers as to the true identity of the goods identified by that geographical indication. (7) The Registrar may, in the Registrar’s discretion, register any geographical indication referred to in subsection (4) or (6), if the proprietor of the trade mark referred to in subsection (4) or (6), as the case may be — ( a ) consents to the registration; or ( b ) fails to give notice to the Registrar of the proprietor’s opposition to the registration in accordance with section 45(2). (8) To avoid doubt — ( a ) a reference to a geographical indication in this section includes a variant constituting a geographical indication; and ( b ) a refusal of registration under this section of any variant constituting a geographical indication does not prevent the registration of any other variant constituting the geographical indication, if that other variant satisfies the requirements of this Act. [5/2020] (9) In this section, “marketing material” includes material used for labelling or packaging goods, or for advertising goods.


document_id: gia-2014
provision_ref: s42
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 42
title: Registration of homonymous geographical indications
content:
42. —(1) The Registrar may register a geographical indication that is a homonymous geographical indication in relation to an earlier geographical indication. (2) For the purposes of subsection (1), the Registrar may register the homonymous geographical indication with practical conditions differentiating the homonymous geographical indication from the earlier geographical indication. (3) In determining the practical conditions to be imposed under subsection (2), the Registrar must take into account — ( a ) the need to ensure equitable treatment of all the interested parties concerned; ( b ) the need to ensure that consumers are not misled; and ( c ) the views and submissions of the applicant for registration of the homonymous geographical indication and of the applicant for registration or registrant (as the case may be) of the earlier geographical indication. (4) The Minister may make rules to provide for proceedings for the purposes of subsection (3)( c ) and for matters relating thereto. (5) Where the Registrar decides to impose practical conditions under subsection (2), the Registrar must impose practical conditions on all the homonymous geographical indications in question.


document_id: gia-2014
provision_ref: s43
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 43
title: Examination
content:
43. —(1) The Registrar must examine whether an application for registration of a geographical indication satisfies the requirements of this Act (including any requirements imposed by rules made under this Act). (2) For the purpose of subsection (1), the Registrar may carry out a search, to such extent as the Registrar considers necessary, of earlier trade marks and earlier geographical indications. (3) If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar must inform the applicant and give the applicant an opportunity, within such period as may be prescribed, to make representations, to amend the application or to furnish the additional or any other information or evidence. (4) If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or furnish the additional information or evidence so as to meet them, the Registrar may refuse to accept the application. (5) If the applicant fails to respond within the period referred to in subsection (3), the application is to be treated as abandoned. (6) If it appears to the Registrar that the requirements for registration are met, the Registrar must accept the application. (7) In this section, “earlier trade mark” means — ( a ) a registered trade mark or an international trade mark (Singapore), the application for registration of which was made earlier than the application for registration of the geographical indication in question, taking into account (where appropriate) the priorities claimed in respect of the trade mark under the Trade Marks Act 1998; or ( b ) a trade mark which, at the date of application for registration of the geographical indication in question, was a well known trade mark, and includes a trade mark in respect of which an application for registration has been made and which, if registered, would be an earlier trade mark by virtue of paragraph ( a ) subject to its being so registered.


document_id: gia-2014
provision_ref: s44
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 44
title: Appointment of technical advisor
content:
44. —(1) The Registrar may appoint one or more technical advisors to provide an opinion to the Registrar with regard to any matter before the Registrar, and to the performance of any of the Registrar’s functions under this Act. (2) The Registrar is not bound to accept any opinion provided by a technical advisor appointed under subsection (1).


document_id: gia-2014
provision_ref: s45
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 45
title: Publication and opposition proceedings
content:
45. —(1) When an application for registration of a geographical indication has been accepted, the Registrar must cause the application to be published in the prescribed manner. (2) Any person may, within the prescribed time after the date of the publication of the application, give notice to the Registrar of the person’s opposition to the registration. (3) The notice must be given in writing in the prescribed manner, and must include a statement of the grounds of opposition and such other matter as may be prescribed. (4) The Minister may make rules to provide for opposition proceedings and for matters relating thereto.


document_id: gia-2014
provision_ref: s46
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 46
title: Requests for qualification to be entered in register
content:
46. —(1) Subject to subsection (4), any person may, at any time after the date of the publication of an application for registration of a geographical indication under section 45 but before the registration of the geographical indication under section 48, request that a qualification, of any of the rights conferred under this Act in respect of a registered geographical indication, be entered in the register — ( a ) in relation to any name contained in the geographical indication; or ( b ) in relation to any term which may be a possible translation of the geographical indication. [5/2020] (2) The request under subsection (1) may only be made on either or both of the following grounds: ( a ) that one or more of the exceptions referred to under Part 3 applies; ( b ) that the term referred to in subsection (1)( b ) is not a translation of the geographical indication. (3) The request must be made to the Registrar in writing in the prescribed manner, and must include a statement of the grounds for the request and such other matter as may be prescribed. (4) A request under subsection (1) may not be made if the request — ( a ) is for a qualification of all the rights conferred under this Act in respect of a registered geographical indication to be entered in the register — (i) in relation to any name contained in the geographical indication that is the subject of the application for registration; or (ii) in relation to any term which may be a possible translation of the geographical indication that is the subject of the application for registration; and ( b ) is made on the ground that one or more of the exceptions mentioned in section 11( a ), ( b ) or ( c ) or 15 applies to that name or term. [5/2020] (5) The Minister may make rules to provide for proceedings for the purposes of this section and for matters relating thereto. (6) Subject to subsection (7), the Registrar must, if satisfied that either or both of the grounds referred to in subsection (2) is made out, cause to be entered in the register a qualification of the rights conferred under this Act in relation to such of the following as may be applicable: ( a ) any name contained in the registered geographical indication; ( b ) any term which is not a translation of the registered geographical indication; ( c ) any term which is a translation of the registered geographical indication. (7) Where any proceedings for the purposes of this section are concluded before the registration of the geographical indication under section 48, a qualification may only be entered in the register upon the registration of the geographical indication in question. (8) Where a registered geographical indication is subject to a qualification under subsection (6), the rights of an interested party in respect of the geographical indication are restricted accordingly. (9) The Minister may make rules as to the publication and entry in the register of a qualification under subsection (6).


document_id: gia-2014
provision_ref: s47
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 47
title: Withdrawal or amendment of application
content:
47. —(1) The applicant may at any time withdraw the applicant’s application for registration of a geographical indication. (2) An application for registration of a geographical indication may be amended, at the request of the applicant, only by amending — ( a ) the name or other particular of the applicant; [Act 7 of 2022 wef 26/05/2022] ( b ) errors of wording or of copying; or ( c ) obvious mistakes, and then only where the amendment does not substantially affect the identity of the geographical indication. [Act 7 of 2022 wef 26/05/2022] (3) Subsection (2) is subject to the rules mentioned in section 84(2)( ea ). [Act 7 of 2022 wef 26/05/2022]


document_id: gia-2014
provision_ref: s48
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 48
title: Registration
content:
48. —(1) Where an application for registration of a geographical indication, or of 2 or more variants constituting the same geographical indication, has been accepted and — ( a ) no notice of opposition is given within the period referred to in section 45(2); or ( b ) all opposition proceedings in respect of the geographical indication, or in respect of any of those variants, are withdrawn or decided in favour of the applicant, the Registrar must register the geographical indication, or each variant that is unopposed or in respect of which opposition proceedings are withdrawn or decided in favour of the applicant, as the case may be. [5/2020] (2) The date of registration is the date on which the Registrar registers the geographical indication under subsection (1). (3) On the registration of a geographical indication, the Registrar must issue to the applicant a certificate of registration. (4) Where a request for the qualification of the rights conferred in respect of a registered geographical indication was made before the date of registration of the geographical indication, and the request is still pending at the date of such registration, no interested party may, pending the determination of the request, bring an action under section 4 against the person who made the request for carrying out an act, in relation to the geographical indication, that is the subject of the request.


document_id: gia-2014
provision_ref: s48A
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 48A
title: Application for limitation of scope to be entered in register
content:
48A. —(1) Subject to subsection (4), any person may, at any time after the registration of a geographical indication under section 48, apply to the Court for an order that a limitation of the scope of any of the rights conferred under this Act in respect of a registered geographical indication be entered in the register — ( a ) in relation to any name contained in the registered geographical indication; or ( b ) in relation to any term which may be a possible translation of the registered geographical indication. [5/2020] (2) The application under subsection (1) may only be made on either or both of the following grounds: ( a ) that one or more of the exceptions mentioned in Part 3 applies; ( b ) that the term mentioned in subsection (1)( b ) is not a translation of the registered geographical indication. [5/2020] (3) The application must be made to the Court in the prescribed manner, and must include a statement of the grounds for the application and any other matter that may be prescribed. [5/2020] (4) An application under subsection (1) may not be made if the application — ( a ) is for an order that a limitation of the scope of all the rights conferred under this Act in respect of a registered geographical indication be entered in the register — (i) in relation to any name contained in the registered geographical indication; or (ii) in relation to any term which may be a possible translation of the registered geographical indication and which is registered as a variant constituting the registered geographical indication; and ( b ) is made on the ground that one or more of the exceptions mentioned in section 11( a ), ( b ) or ( c ) or 15 applies to that name or term. [5/2020] (5) The Court, if satisfied that either or both of the grounds mentioned in subsection (2) is made out, must order the Registrar to cause to be entered in the register a limitation of the scope of the rights conferred under this Act in relation to any of the following that is applicable: ( a ) any name contained in the registered geographical indication; ( b ) any term which is not a translation of the registered geographical indication; ( c ) any term which is a translation of the registered geographical indication. [5/2020] (6) Where a registered geographical indication is subject to a limitation of the scope of rights under subsection (5), the rights of an interested party in respect of the geographical indication are restricted accordingly. [5/2020] (7) The Minister may make rules as to the entry in the register of a limitation of the scope of rights under subsection (5). [5/2020]


document_id: gia-2014
provision_ref: s49
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 49
title: Revocation of acceptance
content:
49. —(1) Despite section 48(1), if, before a geographical indication is registered, the Registrar is satisfied — ( a ) that the application for registration of the geographical indication was accepted because of an error or omission in the course of the examination; or ( b ) that, in the special circumstances of the case, the geographical indication should not be registered, the Registrar may revoke the acceptance of the application. (2) If the Registrar revokes the acceptance — ( a ) the application is taken to have never been accepted; and ( b ) section 43 again applies in relation to the application. Division 2 &#x2014; Administration of registered
geographical indications


document_id: gia-2014
provision_ref: s50
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 50
title: Duration of registration
content:
50. —(1) A geographical indication is to be registered for a period of 10 years from the date of registration. (2) The registration of a geographical indication may be renewed in accordance with section 51 for further periods of 10 years in respect of each renewal.


document_id: gia-2014
provision_ref: s51
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 51
title: Renewal of registration
content:
51. —(1) Any person may apply for a renewal of the registration of a geographical indication in the prescribed manner and by paying the prescribed fee. (2) The Minister may make rules for the Registrar to inform the registrant of a registered geographical indication, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed. (3) An application for renewal must be filed not earlier than the prescribed period before the date of expiry of the registration and not later than another prescribed period after that date. [Act 7 of 2022 wef 26/05/2022] (3A) Where the application for renewal is made within the second-mentioned prescribed period in subsection (3) after the date of expiry of the registration, the fees payable are the prescribed renewal fee and the prescribed post-expiration renewal fee. [Act 7 of 2022 wef 26/05/2022] (4) A renewal of the registration of a geographical indication takes effect from the expiry of the previous registration. (5) If the registration is not renewed in accordance with this section and the rules referred to in subsection (2), the Registrar must remove the geographical indication from the register.


document_id: gia-2014
provision_ref: s52
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 52
title: Cancellation of registration of geographical indication
content:
52. —(1) The registration of a geographical indication may be cancelled — ( a ) by the Registrar upon an application by the registrant; or ( b ) by the Court or the Registrar upon an application by any other person on any of the grounds referred to in subsection (2). (2) The grounds for the cancellation of the registration of a geographical indication referred to in subsection (1)( b ) are as follows: ( a ) that the geographical indication was registered in breach of section 41; ( b ) that the registration was obtained fraudulently or by misrepresentation; ( c ) that the geographical indication has ceased to be protected in its country or territory of origin; ( d ) that there has been a failure to maintain, in Singapore, any commercial activity or interest in relation to the geographical indication, including commercialisation, promotion or market monitoring; ( e ) that, in consequence of a lack of any activity by any interested party of goods identified by a registered geographical indication, the geographical indication has become the common name of those goods in Singapore. (3) An application for the cancellation of the registration of a geographical indication under subsection (1)( b ) may be made either to the Registrar or to the Court, except that — ( a ) if proceedings concerning the geographical indication in question are pending in the Court, the application must be made to the Court; and ( b ) if in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court. (4) The Minister may make rules — ( a ) to provide for the manner by which a registration of a geographical indication may be cancelled by the Registrar under subsection (1)( a ); and ( b ) for protecting the interests of other persons having an interest in the registered geographical indication. [5/2020] (5) Where the registration of a geographical indication is cancelled under subsection (1)( a ), the rights conferred by the registration on any interested party of goods identified by the geographical indication cease to exist with effect from the date of the cancellation of the registration. (6) Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)( a ) or ( b ), the geographical indication is deemed never to have been registered. (7) Where the registration of a geographical indication is cancelled on a ground referred to in subsection (2)( c ), ( d ) or ( e ), the rights conferred by the registration on any interested party of goods identified by the geographical indication cease to exist with effect from — ( a ) the date of the application for cancellation; or ( b ) if the Registrar or the Court is satisfied that the ground existed at an earlier date, that earlier date. (8) A cancellation of the registration of a geographical indication under this section does not affect any rights in respect of the geographical indication that are not conferred by the registration. (9) To avoid doubt — ( a ) a reference to a geographical indication in this section includes a variant constituting a geographical indication; and ( b ) a cancellation of the registration under this section of any variant constituting a geographical indication does not affect the registration of any other variant constituting the geographical indication. [5/2020]


document_id: gia-2014
provision_ref: s53
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 53
title: Transfer of registration of registered geographical indication
content:
53. —(1) A registrant may apply to the Registrar for the registration of a registered geographical indication to be transferred to another person. (2) The registration must not be transferred to another person unless that person — ( a ) is entitled to file an application for registration of the geographical indication under section 38; and ( b ) consents to having the registration transferred to him or her. Division 3 &#x2014; Miscellaneous


document_id: gia-2014
provision_ref: s54
chapter: PART 5 - REGISTRATION OF GEOGRAPHICAL INDICATIONS
section: 54
title: Amendment of other documents
content:
54. —(1) The Registrar may, at the written request of a person who has made an application (other than an application for registration of a geographical indication), or filed a notice or other document for the purposes of this Act, or at the written request of the person’s agent, amend the application, notice or document — ( a ) to correct a clerical error or an obvious mistake; or ( b ) if the Registrar is of the opinion that it is fair and reasonable in all the circumstances of the case to do so. [Act 7 of 2022 wef 26/05/2022] (2) Subsection (1) is subject to the rules mentioned in section 84(2)( ea ). [Act 7 of 2022 wef 26/05/2022]


document_id: gia-2014
provision_ref: s55
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 55
title: Interpretation of this Part
content:
55. In this Part, unless the context otherwise requires — “aircraft” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; “authorised officer” means — ( a ) an officer of customs as defined in section 3(1) of the Customs Act 1960; or ( b ) any officer or class or description of officers appointed under section 55A(2); [Act 5 of 2025 wef 09/03/2025] “conveyance” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; [ Deleted by Act 34 of 2018 wef 21/11/2022 ] “Director-General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; “goods in transit” means goods imported, whether or not landed or transhipped within Singapore, which are to be carried to another country either by the same or another conveyance; “infringement action” means an action under section 4 concerning the importation or exportation of seized goods; [Act 34 of 2018 wef 21/11/2022] “requestor” means a person who gives a written notice under section 56(1) to the Director‑General; “retention period”, in relation to seized goods, means — ( a ) the period specified in a notice given under section 59 in respect of the goods; or ( b ) if that period has been extended under section 59, that period as so extended; [Act 34 of 2018 wef 21/11/2022] “seized goods” means goods seized under section 56; [Act 34 of 2018 wef 21/11/2022] “senior authorised officer” means — ( a ) a senior officer of customs as defined in section 3(1) of the Customs Act 1960; or ( b ) any officer or class or description of officers appointed under section 55A(3); [Act 5 of 2025 wef 09/03/2025] “suspected infringing goods” means goods which, or the packaging of which, bear a term identical with a registered geographical indication, but which do not originate from the place indicated by that registered geographical indication; “vehicle” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995; “vessel” has the same meaning as in section 2 of the Regulation of Imports and Exports Act 1995.


document_id: gia-2014
provision_ref: s55A
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 55A
title: Administration of this Part
content:
55A. —(1) The Director-General may delegate to a senior officer of customs (within the meaning of section 3(1) of the Customs Act 1960 * ) any of the powers of the Director-General under this Part (except the power of delegation conferred by this section), subject to such conditions or restrictions as the Director-General may determine. [Act 34 of 2018 wef 21/11/2022] [Act 5 of 2025 wef 09/03/2025] [*Updated to be consistent with the 2020 Revised Edition] (2) The Minister may appoint any officer or class or description of officers to exercise the powers and perform the duties conferred and imposed on an authorised officer by this Part. [Act 5 of 2025 wef 09/03/2025] (3) The Minister may appoint any officer or class or description of officers to exercise the powers and perform the duties conferred and imposed on a senior authorised officer by this Part. [Act 5 of 2025 wef 09/03/2025] (4) An appointment under subsection (2) or (3) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: gia-2014
provision_ref: s55B
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 55B
title: Fees
content:
55B. —(1) The Minister charged with the responsibility for customs duties may make rules to prescribe the fees payable to the Director-General in connection with the administration of this Part. (2) Without limiting subsection (1), rules may be made to prescribe fees for the following purposes: ( a ) for the escort of a conveyance conveying goods seized under section 56 or 67; ( b ) for the attendance of an authorised officer or a senior authorised officer in connection with the inspection or destruction of goods seized under section 56 or 67; ( c ) for the attendance of an authorised officer or a senior authorised officer in connection with any other act or service under this Part. [Act 34 of 2018 wef 21/11/2022] Division 2 &#x2014; Seizure of goods on request [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s56
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 56
title: Request for seizure of suspected infringing goods
content:
56. —(1) An interested party of goods identified by a registered geographical indication may give the Director‑General a written notice — ( a ) stating that he, she or it is — (i) a producer of goods identified by the registered geographical indication; (ii) a trader of goods identified by the registered geographical indication; or (iii) an association of such producers or traders, or of such producers and traders, of goods identified by the registered geographical indication; ( b ) stating that goods which are suspected infringing goods in relation to the registered geographical indication are expected to be imported or exported; ( c ) providing sufficient information — (i) to identify the goods; (ii) to enable the Director‑General to ascertain when and where the goods are expected to be imported or exported, as the case may be; and (iii) to satisfy the Director‑General that the goods are suspected infringing goods; and ( d ) requesting the Director‑General to seize the goods. [Act 34 of 2018 wef 21/11/2022] (2) A notice under subsection (1) must be — ( a ) in the form determined by the Director-General, and supported by such documents and information as the Director-General may require; and ( b ) accompanied by the fee prescribed under section 55B. [Act 34 of 2018 wef 21/11/2022] (3) A notice under subsection (1) shall remain in force until the 59th day after the day on which the notice was given, unless it is revoked, before the end of that period, by a written notice given to the Director‑General by the requestor. [Act 34 of 2018 wef 21/11/2022] (4) If — ( a ) a notice has been given under subsection (1) in respect of a registered geographical indication; ( b ) the notice has not lapsed or been revoked; and ( c ) a person imports or proposes to export goods, not being goods in transit, that, in the opinion of an authorised officer, are suspected infringing goods in relation to the registered geographical indication in question, an authorised officer may seize the goods. [Act 34 of 2018 wef 21/11/2022] (5) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide — ( a ) for the times at which, and the manner in which, notices are to be given; ( b ) for the giving of information and evidence to the Director-General; and ( c ) that an authorised officer may refuse to seize any goods because of non-compliance with any direction of the Director-General or any such rule. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s57
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 57
title: Security for liability or expense of seizure, storage and disposal
content:
57. An authorised officer may refuse to seize goods under section 56 unless the requestor — ( a ) deposits with the Director‑General a sum of money that, in the opinion of the Director‑General, is sufficient; or ( b ) gives security, to the satisfaction of the Director‑General, for the reimbursement of the Government for any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods, and for the payment of such compensation as may be ordered by the Court under section 62(2) or 63(6). [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s58
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 58
title: Secured storage of seized goods
content:
58. At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, either by the person in possession, custody or control of those goods immediately before the seizure or the requestor, whoever the Director-General considers appropriate. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s59
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 59
title: Notice of seizure
content:
59. —(1) As soon as is practicable after goods are seized under section 56, the Director‑General must give to the importer or exporter (as the case may be), and the requestor, personally, by post or (with the prior consent of the addressee) by email, a written notice identifying the goods and stating that they have been seized. [Act 34 of 2018 wef 21/11/2022] (2) A notice under subsection (1) must state that the goods will be released to the importer or exporter (as the case may be) unless — ( a ) an infringement action in respect of the goods is instituted by the requestor within a specified period after the day specified in the notice; and ( b ) the requestor gives written notice to the Director‑General within that period stating that the infringement action has been instituted. (3) The period to be specified for the purposes of subsection (2)( a ) is the period prescribed for the purposes of that provision. (4) The day specified for the purposes of subsection (2)( a ) may not be earlier than the day on which the notice is given. (5) The requestor may, by written notice given to the Director‑General before the end of the period specified in a notice for the purposes of subsection (2)( a ) (the initial period), request that the period be extended. (6) Subject to subsection (7), if — ( a ) a request is made in accordance with subsection (5); and ( b ) the Director‑General is satisfied that it is reasonable that the request be granted, the Director‑General may extend the initial period by such period as is prescribed. (7) A decision on a request made in accordance with subsection (5) must be made within 2 working days after the request is made, but such a decision cannot be made after the end of the initial period to which the request relates. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s59A
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 59A
title: Persons bound to give information or produce documents
content:
59A. —(1) At any time after goods have been seized under section 56(4), an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer. (2) The purposes mentioned in subsection (1) are — ( a ) to enable the Director-General to satisfy a request under section 59B (whether or not such a request has actually been received); ( b ) to enable any action to be taken under this Division or Division 3 in relation to future shipments of goods; and ( c ) for a statistical or research purpose. (3) A person who — ( a ) without reasonable excuse, fails to comply with a requirement under subsection (1); or ( b ) in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s59B
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 59B
title: Information on import or export
content:
59B. —(1) After goods have been seized under section 56(4), the Director-General may, upon the request of the requestor, and if the Director-General is satisfied that the information is necessary to enable the requestor to institute an infringement action, give the requestor the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods. (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s60
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 60
title: Inspection of seized goods
content:
60. —(1) The Director‑General may permit the requestor, or the importer or exporter (as the case may be), to inspect the seized goods. [Act 34 of 2018 wef 21/11/2022] (2) If the requestor gives the Director‑General the requisite undertakings, the Director‑General may permit the requestor to remove a sample of the seized goods from the custody of the Director‑General for inspection by the requestor. [Act 34 of 2018 wef 21/11/2022] (3) If the importer or exporter (as the case may be) gives the Director‑General the requisite undertakings, the Director‑General may permit the importer or exporter (as the case may be) to remove a sample of the seized goods from the custody of the Director‑General for inspection by the importer or exporter (as the case may be). [Act 34 of 2018 wef 21/11/2022] (4) The requisite undertakings are undertakings in writing that the person giving the undertaking will — ( a ) return the sample to the Director‑General at a specified time that is satisfactory to the Director‑General; and ( b ) take reasonable care to prevent damage to the sample. (5) If the Director‑General permits inspection of the seized goods, or the removal of a sample, by the requestor in accordance with this section, the Director‑General is not liable to the importer or exporter (as the case may be) for any loss or damage suffered by the importer or exporter (as the case may be) arising out of — ( a ) damage to any of the seized goods incurred during that inspection; or [Act 34 of 2018 wef 21/11/2022] ( b ) anything done by the requestor or any other person to, or in relation to, a sample removed from the custody of the Director‑General or any use made by the requestor of such a sample. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s61
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 61
title: Compulsory release of seized goods to importer or exporter
content:
61. —(1) The Director‑General must release the seized goods to the importer or exporter (as the case may be) as soon as possible after the expiration of the retention period for the goods if the requestor has not, before the expiration of that period — ( a ) instituted an infringement action in relation to the goods; and ( b ) given written notice to the Director‑General stating that the infringement action has been instituted. [Act 34 of 2018 wef 21/11/2022] (2) If — ( a ) an infringement action has been instituted in relation to the seized goods; and ( b ) on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court in which the action was instituted preventing the release of the goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible after the firstmentioned day. [Act 34 of 2018 wef 21/11/2022] (3) If the requestor gives written notice to the Director‑General stating that the requestor consents to the release of the seized goods, the Director‑General must release the goods to the importer or exporter (as the case may be) as soon as possible. [Act 34 of 2018 wef 21/11/2022] (4) This section has effect subject to section 64. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s62
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 62
title: Compensation for failure to take action
content:
62. —(1) Where goods have been seized pursuant to a notice given under section 56(1) and the requestor concerned fails to take infringement action within the retention period for the goods, a person aggrieved by such seizure may apply to the Court for an order of compensation against the requestor. [Act 34 of 2018 wef 21/11/2022] (2) Where the Court is satisfied that the plaintiff to an action under this section had suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to the plaintiff. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s63
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 63
title: Infringement actions
content:
63. —(1) The Court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject matter of the action, allow the person to be joined as a defendant to the action. (2) An authorised officer is entitled to be heard on the hearing of an infringement action. (3) In addition to any relief that may be granted apart from this section, the Court may — ( a ) at any time, order that the seized goods be released to the importer or exporter (as the case may be) subject to such conditions, if any, as the Court thinks fit; or [Act 34 of 2018 wef 21/11/2022] ( b ) order that the seized goods not be released to the importer or exporter (as the case may be) before the end of a specified period. [Act 34 of 2018 wef 21/11/2022] (4) A Court may not make an order under subsection (3)( a ) if it is satisfied that the Government or any statutory authority is required or permitted under any other law to retain control of the seized goods. [Act 34 of 2018 wef 21/11/2022] (5) The Director‑General must comply with an order made under subsection (3). (6) If — ( a ) the infringement action is dismissed or discontinued, or if the Court decides that section 4 does not apply to the import or the export (as the case may be) of the seized goods; and [Act 34 of 2018 wef 21/11/2022] ( b ) a defendant to the infringement action satisfies the Court that the defendant has suffered loss or damage as a result of the seizure of the goods, the Court may order the requestor to pay compensation in such amount as the Court thinks fit to that defendant. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s64
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 64
title: Retention of control of seized goods
content:
64. Notwithstanding section 61, in a case in which no order has been made under section 63(3) in relation to the seized goods, the Director‑General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s65
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 65
title: Disposal of seized goods
content:
65. If the importer or exporter (as the case may be) does not take custody of the seized goods within the period specified in the notice after the notification by the Director‑General of the release of the goods to the importer or exporter (as the case may be), the Director‑General may dispose of the goods — ( a ) in the manner prescribed by rules made under this Act; or ( b ) if no manner of disposal is so prescribed, as the Director‑General directs. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s66
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 66
title: Insufficient security
content:
66. —(1) If the reasonable expenses incurred by the Director‑General in relation to any action taken by the Director‑General under this Division, or taken in accordance with an order of the Court under this Division, exceed the amount deposited, or the amount of the security given, under section 57, the amount of the excess is a debt due to the Government. [Act 34 of 2018 wef 21/11/2022] (2) The debt created by subsection (1) is due by the requestor, or, if there are 2 or more requestors, by the requestors jointly and severally. Division 3 &#x2014; Ex-officio seizure of goods [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67
title: Seizure and inspection of suspected infringing goods
content:
67. —(1) Despite section 56(4), an authorised officer may seize or examine any goods that are — ( a ) imported into Singapore; or ( b ) to be exported from Singapore, and that are not goods in transit, which the officer reasonably suspects are suspected infringing goods in relation to a registered geographical indication. (2) As soon as practicable after the goods are seized under subsection (1), the Director-General must give personally, by post or (with the prior consent of the addressee) by email, a written notice to — ( a ) the importer or exporter of the seized goods (called in this Division the dealer); and ( b ) the registrant of the registered geographical indication. (3) The written notice in subsection (2) must — ( a ) identify the goods seized; and ( b ) set out the rights of the dealer in section 60 (as applied by subsection (5)), and the requirements in section 67A. (4) The Director-General may permit an interested party of the registered geographical indication, or the dealer, to inspect the seized goods. (5) Section 60(2) to (5) applies in relation to the seized goods as it applies in relation to goods seized under section 56(4), with the following modifications: ( a ) replace a reference to the requestor with a reference to an interested party of the registered geographical indication; ( b ) replace a reference to the importer or exporter with a reference to the dealer. (6) At the Director-General’s direction, seized goods must be taken to a secure place the Director-General directs, by such of the following as the Director-General considers appropriate: ( a ) the person in possession, custody or control of those goods immediately before the seizure; ( b ) an interested party of the registered geographical indication who has satisfied section 67A(1)( a ) and ( b ). [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67A
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67A
title: Requirements for continued detention
content:
67A. —(1) If any interested party of the registered geographical indication (called in this Division the relevant interested party) wants the Director-General to continue to detain the seized goods so that the relevant interested party may institute an infringement action in relation to them, the relevant interested party must, within the prescribed period after the date of the notice in section 67(2) — ( a ) give to the Director-General a written notice of this in the form determined by the Director-General, supported by such documents and information as the Director-General may require, and accompanied by the fee prescribed under section 55B; and ( b ) either — (i) deposit with the Director-General a sum of money that, in the Director-General’s opinion, is sufficient for the purpose mentioned in subsection (2); or (ii) give security to the Director-General’s satisfaction for such purpose, unless the relevant interested party had earlier given such deposit or security to the Director-General and the deposit had not been forfeited or returned or the security is still effective. (2) The purpose in subsection (1) is the reimbursement to the Government of — ( a ) any liability or reasonable expense it is likely to incur in relation to the seizure, storage and disposal of the goods; and ( b ) the payment of such compensation as the Court may order under section 67G or section 63(6) (as applied by section 67F). (3) If subsection (1) is not satisfied, the Director-General must release the seized goods to the dealer. (4) The Minister may make rules that are necessary or convenient to be prescribed for carrying out or giving effect to this Division, and in particular to provide — ( a ) for the times at which, and the manner in which, notices are to be given; ( b ) for the giving of information and evidence to the Director-General; and ( c ) that the Director-General may release any seized goods to the dealer concerned because of non-compliance with any direction of the Director-General or any such rule. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67B
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67B
title: Notice to take action
content:
67B. —(1) If section 67A(1)( a ) and ( b ) has been satisfied by the relevant interested party, the Director-General must, as soon as practicable, give to the relevant interested party and the dealer personally, by post or (with the prior consent of the addressee) by email, a written notice stating that the goods will be released to the dealer unless — ( a ) an infringement action in relation to the goods is instituted by the relevant interested party within a prescribed period after the day specified in the notice; and ( b ) the relevant interested party gives written notice to the Director-General within the period in paragraph ( a ) stating that such action has been instituted. (2) Section 59(4) to (7) applies in relation to a notice under subsection (1) as it applies in relation to a notice under section 59(1), as if a reference to the requestor is a reference to the relevant interested party. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67C
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67C
title: Persons bound to give information or produce documents
content:
67C. —(1) At any time after goods have been seized under section 67, an authorised officer or a senior authorised officer who has reasonable cause to believe that a person has any information or document that the officer considers is relevant for any of the purposes in subsection (2), may require that person to provide to the officer that information or document at a time and place specified by the officer. (2) The purposes mentioned in subsection (1) are — ( a ) to enable the Director-General to satisfy a request under section 67D (whether or not such a request has actually been received); ( b ) to enable any action to be taken under this Division or Division 2 in relation to future shipments of goods; and ( c ) for a statistical or research purpose. (3) A person who — ( a ) without reasonable excuse, fails to comply with a requirement under subsection (1); or ( b ) in purported compliance with such requirement, knowingly or recklessly provides any information or document that is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (4) A person is not excused from providing any information or document in compliance with a requirement under subsection (1) on the ground that it might tend to incriminate the person. (5) Where the person claims, before providing any information or document pursuant to a requirement under subsection (1), that it might tend to incriminate the person, then the information or document is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence under subsection (3). (6) No information or document that is provided pursuant to a requirement under subsection (1) may be published, or communicated or disclosed to any person, except where and to the extent it is necessary for a purpose in subsection (2). (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67D
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67D
title: Information on import or export
content:
67D. —(1) After section 67A(1)( a ) and ( b ) has been satisfied by the relevant interested party, the Director-General may, upon the request of the relevant interested party, and if the Director-General is satisfied that the information is necessary to enable the relevant interested party to institute an infringement action, give the relevant interested party the name and contact details of any person connected with the import or proposed export (as the case may be) of the seized goods. (2) Subsection (1) applies despite any duty of confidentiality imposed by the common law on the Director-General or a person to whom the Director-General has delegated the power under that subsection. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67E
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67E
title: Compulsory release of seized goods to dealer
content:
67E. —(1) The Director-General must release the seized goods to the dealer as soon as possible after the date of expiry of the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)), if the relevant interested party has not, before that date — ( a ) instituted an infringement action in respect of the goods; and ( b ) given written notice to the Director-General stating that the action has been instituted. (2) If — ( a ) an infringement action has been instituted in respect of the seized goods; and ( b ) on the 22nd day after the day on which the action was instituted, there is not in force an order of the Court preventing the release of the goods, the Director-General must release the goods to the dealer as soon as possible after the firstmentioned day. (3) If the relevant interested party gives a written notice to the Director-General stating that the relevant interested party consents to the release of the seized goods, the Director-General must release the goods to the dealer as soon as possible. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67F
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67F
title: Provisions relating to infringement action
content:
67F. Section 63 applies in relation to an infringement action concerning goods seized under section 67, as it applies in relation to an infringement action concerning goods seized under section 56(4), with the following modifications: ( a ) replace a reference to the requestor with a reference to the relevant interested party; ( b ) replace a reference to the importer or exporter with a reference to the dealer. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67G
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67G
title: Compensation for failure to take action
content:
67G. —(1) Where — ( a ) goods have been seized under section 67; ( b ) the goods continue to be detained because section 67A(1)( a ) and ( b ) has been satisfied; and ( c ) the relevant interested party fails to take infringement action within the period specified in the notice under section 67B(1) (including any extension of that period under section 59(6) as applied by section 67B(2)), a person aggrieved by the seizure may apply to the Court for an order of compensation against the relevant interested party. (2) Where the Court is satisfied that the applicant has suffered loss or damage as a result of the seizure of the goods, the Court may order the relevant interested party to pay to the applicant compensation of such amount as the Court thinks fit. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67H
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67H
title: Retention of control of seized goods
content:
67H. Despite section 67E and any rule made under section 67A(4)( c ), in a case in which no order has been made under section 63(3) (as applied by section 67F) in relation to the seized goods, the Director-General is not obliged to release or dispose of the goods if the Government is required or permitted, under any other law, to retain control of the goods. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67I
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67I
title: Disposal of seized goods
content:
67I. Section 65 applies in relation to goods seized under section 67, as it applies in relation to goods seized under section 56(4), with a reference to the importer or exporter replaced with a reference to the dealer. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s67J
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 67J
title: Insufficient security
content:
67J. —(1) If the reasonable expenses incurred by the Director-General in relation to any action taken by the Director-General under this Division, or taken in accordance with an order of the Court under this Division, exceed the amount deposited, or the amount of the security given, under section 67A, the amount of the excess is a debt due to the Government. (2) The debt created by subsection (1) is due by the relevant interested party or, if there are 2 or more relevant interested parties, by them jointly and severally. [Act 34 of 2018 wef 21/11/2022] Division 4 &#x2014; Powers of inspection [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s68
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 68
title: Powers of inspection in relation to vehicles
content:
68. —(1) A senior authorised officer, or an authorised officer acting in accordance with the general or special directions of a senior authorised officer, may board any vehicle in Singapore and may inspect all parts of the vehicle for goods liable to be seized under section 56 or 67. [Act 34 of 2018 wef 21/11/2022] (2) For the more effective exercise of the powers conferred by this section, a senior authorised officer or an authorised officer may require the person in charge of a vehicle — ( a ) to stop and not to proceed until so authorised; or ( b ) to bring the vehicle to any examination station. (3) It is presumed in any proceedings arising out of any thing done under this section, unless the contrary is proved, that any authorised officer, not being a senior authorised officer, by whom the thing was done was acting in accordance with the general or special direction of a senior authorised officer. (4) Any person who contravenes this section or who fails to comply with any lawful requisition or direction given or made thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: gia-2014
provision_ref: s69
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 69
title: Examination of packages, etc.
content:
69. —(1) Any goods, package, box, chest or other article which is being or has recently been imported, or is being exported, and in regard to which a reasonable suspicion exists that it is or that it contains goods liable to be seized under section 56 or 67 may be — ( a ) examined and inspected by an authorised officer or detained until any person in charge thereof has opened it for examination and inspection; ( b ) subjected to such infringement verification, tests or analysis as the authorised officer thinks fit; or [Act 34 of 2018 wef 21/11/2022] ( c ) marked, locked, sealed or otherwise secured by an authorised officer pending examination and inspection. [Act 34 of 2018 wef 21/11/2022] (2) An authorised officer may require the person in charge of any package, box, chest or other article referred to in subsection (1) to open the package, box, chest or article (as the case may be) for examination and inspection. (3) If the person in charge of the package, box, chest or other article referred to in subsection (1) refuses, or fails after being given reasonable time and opportunity, to comply with the requirement under subsection (2), a senior authorised officer, or an authorised officer acting in accordance with an order of a senior authorised officer, may forcibly open the package, box, chest or article (as the case may be) to facilitate the examination and inspection thereof. (4) Any person, other than an authorised officer, who removes, opens, breaks or tampers with any mark, lock, seal or other means of securing any goods, package, box, chest or other article referred to in subsection (1)( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (5) In this section, “infringement verification” means any process (whether or not involving an interested party of the geographical indication concerned) to determine if any article is or contains goods liable to be seized under section 56(4) or 67. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s70
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 70
title: Power to remove packages and goods to examination station
content:
70. —(1) For the more convenient exercise of the powers conferred by section 69, an authorised officer may remove any package, box, chest or other article or any goods to an examination station or may require it or them to be so removed by the owner thereof or his agent or any person having the custody, charge or control thereof. (2) Any person who fails to comply with any such requirement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000. (3) Upon the failure by a person to comply with such a requirement, an authorised officer may remove the package, box, chest, article or goods (as the case may be) in the manner provided by subsection (1), and all the expenses of such removal (as certified by a senior authorised officer) shall be recoverable as a fine from that person or from the owner of the package, box, chest, article or goods (as the case may be).


document_id: gia-2014
provision_ref: s71
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 71
title: Inspection of baggage and belongings on person
content:
71. —(1) Any person landing or being about to land or having recently landed from any vessel or aircraft, or leaving any vessel or aircraft in Singapore whether for the purpose of landing or otherwise, or entering or having recently entered Singapore by land, sea or air, must — ( a ) on demand by an authorised officer, either permit his or her goods and baggage to be inspected by the officer for any goods liable to be seized under section 56 or 67 or, together with the goods and baggage, accompany the officer to an examination station, and there permit his or her goods and baggage to be inspected in the presence and under the supervision of a senior authorised officer for any goods liable to be seized under section 56 or 67; [Act 34 of 2018 wef 21/11/2022] ( b ) on demand by a senior authorised officer, permit his or her goods and baggage to be inspected by the officer, or in the presence and under the supervision of the officer, for any goods liable to be seized under section 56 or 67; or [Act 34 of 2018 wef 21/11/2022] ( c ) on demand by a senior authorised officer, remove belongings kept in or under the clothing of the person, for inspection for any goods liable to be seized under section 56 or 67. [Act 34 of 2018 wef 21/11/2022] (2) The goods and baggage of any person who requests to be present when they are inspected must not be inspected except in his or her presence, unless he or she fails to be present after being given reasonable facility for being present. (3) Any person who refuses or fails, without reasonable excuse, to comply with any lawful demand made under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: gia-2014
provision_ref: s72
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 72
title: Powers of authorised officers to enter certain premises
content:
72. —(1) For the purpose of exercising the powers conferred by sections 68 to 71, an authorised officer may, without warrant, enter upon — ( a ) any islet, landing place, wharf, dock, railway or quay; ( b ) any premises of a provider of port services or facilities licensed or exempted under the Maritime and Port Authority of Singapore Act 1996; or ( c ) any premises of any airport operated under a licence or exemption under the Civil Aviation Authority of Singapore Act 2009. (2) In this section, “railway” has the same meaning as in the Railways Act 1905.


document_id: gia-2014
provision_ref: s73
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 73
title: Obstruction
content:
73. Any person who — ( a ) refuses any authorised officer or senior authorised officer access to any vehicle or place which the officer is entitled to under this Part; or ( b ) obstructs or hinders any authorised officer or senior authorised officer in the execution of any power conferred upon that officer by this Part, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: gia-2014
provision_ref: s74
chapter: PART 6 - ASSISTANCE BY BORDER AUTHORITIES
section: 74
title: Protection from personal liability
content:
74. No liability shall lie personally against the Director‑General, an authorised officer, a senior authorised officer, or any person acting under the direction of the Director‑General for anything done or omitted to be done with reasonable care and in good faith in the course of or in connection with — ( a ) the exercise or purported exercise of any power under this Part; ( b ) the performance or purported performance of any function or the discharge or purported discharge of any duty under this Part; or ( c ) the compliance or purported compliance with this Part. [Act 34 of 2018 wef 21/11/2022]


document_id: gia-2014
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 75
title: Registration to be prima facie evidence
content:
75. In all legal proceedings relating to a registered geographical indication or any right thereunder (including proceedings for rectification of the register) — ( a ) the register is prima facie evidence of anything contained therein; and ( b ) the registration of a registered geographical indication is prima facie evidence that the grounds referred to in section 41 are absent.


document_id: gia-2014
provision_ref: s76
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 76
title: Certificate of validity of contested registration
content:
76. —(1) If in proceedings before the Registrar or the Court the validity of the registration of a geographical indication is contested, and it is found by the Registrar or the Court that the geographical indication is validly registered, the Registrar or the Court may give a certificate to that effect. [23/2019] (2) Where a certificate is given under subsection (1) and in subsequent proceedings before the Registrar or the Court — ( a ) the validity of the registration is again questioned; and ( b ) the registrant obtains a final order or judgment in the registrant’s favour relying on the validity of the registration as found in the earlier proceedings, the registrant is entitled to be indemnified as to the registrant’s costs as between solicitor and client in the subsequent proceedings unless the Registrar or the Court directs otherwise. [23/2019] (3) Subsection (2) does not extend to the costs of an appeal in the subsequent proceedings.


document_id: gia-2014
provision_ref: s77
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 77
title: Certificate of Registrar
content:
77. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which the Registrar is authorised to make or do under this Act, is prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.


document_id: gia-2014
provision_ref: s78
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 78
title: Costs of proceedings before Court
content:
78. In all proceedings before the Court under this Act, the Court may award to any party (including the Registrar) such costs as it may consider reasonable, but the Registrar is not to be ordered to pay the costs of any of the other parties.


document_id: gia-2014
provision_ref: s79
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 79
title: Burden of proving use of registered geographical indication
content:
79. If in any proceedings commenced under section 52(1)( b ) a question arises as to the use to which a registered geographical indication has been put, it is for the registrant to show what use has been made of it.


document_id: gia-2014
provision_ref: s80
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 80
title: Offences by bodies corporate, etc.
content:
80. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a country or territory outside Singapore.


document_id: gia-2014
provision_ref: s81
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 81
title: Composition of offences
content:
81. —(1) The Registrar or any person authorised in writing by the Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. [Act 23 of 2019 wef 10/06/2022] (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Office may, with the approval of the Minister, make regulations to prescribe the offences that may be compounded. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: gia-2014
provision_ref: s82
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 82
title: Jurisdiction of courts
content:
82. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: gia-2014
provision_ref: s83
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 83
title: Minister may designate other qualifying countries
content:
83. The Minister may, by notification in the Gazette , designate any country or territory as a qualifying country for the purposes of this Act.


document_id: gia-2014
provision_ref: s84
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 84
title: General power to make rules
content:
84. —(1) The Minister may make rules — ( a ) for any purpose for which rules are authorised or required to be made under this Act; ( b ) for prescribing matters authorised or required by this Act to be prescribed; ( c ) for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act; and ( d ) for prescribing matters necessary or convenient to be prescribed for the conduct of any proceedings or other matter before the Registrar. (2) Without limiting subsection (1), the rules may make provision — ( a ) as to the practice and procedure of any proceedings or other matter before the Registrar; ( b ) as to the manner of filing of applications or other documents; ( c ) requiring persons to make such statutory declarations as may be prescribed in support of any application, notice or request; ( d ) requiring and regulating the translation of documents and the filing and authentication of any translation; ( e ) as to the service of documents; ( ea ) to enable the Registrar to publish — (i) an application to rectify an error or omission in the register; and (ii) a request to amend an application, a notice or other document, and to provide for the making of objections to the rectification or amendment by a person claiming to be affected by it; [Act 7 of 2022 wef 26/05/2022] ( f ) authorising the rectification of irregularities of procedure; ( g ) prescribing time limits for anything required to be done in connection with any proceedings under this Act; ( h ) for the extension of any time limit which has been prescribed, or which the Registrar has specified, and which has not expired; ( i ) as to the giving of evidence in proceedings before the Registrar under this Act by affidavit or statutory declaration; and ( j ) for the processing of any application which is treated as abandoned under section 43(5).


document_id: gia-2014
provision_ref: s85
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 85
title: Rules of Court
content:
85. The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make rules with respect to — ( a ) proceedings and the practice and procedure of the Court in respect of any matter under this Act; and ( b ) the fees and costs of such proceedings.


document_id: gia-2014
provision_ref: s86
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 86
title: Rights under other laws unaffected
content:
86. Nothing in this Act affects the rights of a person under the Trade Marks Act 1998 or the law relating to passing off. 87. [ Omitted as having had effect ]


document_id: gia-2014
provision_ref: s88
chapter: PART 7 - MISCELLANEOUS AND GENERAL PROVISIONS
section: 88
title: Saving and transitional provisions
content:
88. —(1) Despite section 87, on and after 1 April 2019, the repealed Act continues to apply to — ( a ) every use of a geographical indication that takes place before that date; and ( b ) every action brought under section 3 of the repealed Act in force immediately before that date. (2) Sections 4(6) to (9), 15 and 16 do not apply to any use of a registered geographical indication that takes place before 21 November 2019. (3) Part 6 does not apply to any goods that are imported to or exported from Singapore before the date of commencement of that Part. (4) Sections 75 and 76 do not apply to any legal proceedings that are commenced before 21 November 2019. (5) The Minister may, in relation to any provision of this Act, for a period of 2 years after the date of commencement of that provision, prescribe by rules published in the Gazette such provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister considers necessary or expedient.


document_id: gpa-1956
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) Any reference in this Act to the provisions of this Act shall, unless the context otherwise requires, include a reference to Rules of Court made for the purposes of this Act. (2) In this Act, except insofar as the context otherwise requires or it is otherwise expressly provided — “civil proceedings” means proceedings of whatever kind of a civil nature before a court and includes proceedings for judicial review and recovery of fines and penalties and an application at any stage of a proceeding; “law officer” means the Attorney-General, a Deputy Attorney‑General and the Solicitor‑General; “legal officer” includes a law officer and a legally qualified member of the Attorney‑General’s Chambers; “officer”, in relation to the Government, includes a person in the permanent or temporary employment of the Government and accordingly (but without prejudice to the generality of the foregoing) includes a Minister of the Government; “order” includes a judgment, decree, rule, award or declaration; “prescribed” means prescribed by or under Rules of Court made for the purposes of this Act; “proceedings against the Government” includes a claim by way of set‑off or counterclaim in proceedings by the Government; “State Court” means a District Court and any Magistrate Court. [7/97; 5/2014; 41/2014] (3) Any reference in Part 4 or 5 to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which any officer of the Government as such is a party: Provided that the Government shall not for the purposes of Parts 4 and 5 be deemed to be a party to any proceedings by reason only that they are brought by the Attorney-General upon the relation of some other person.


document_id: gpa-1956
provision_ref: s3
chapter: PART 2 - SUBSTANTIVE LAW
section: 3
title: Right of Government to sue
content:
3. Subject to the provisions of this Act and of any written law, where the Government has a claim against any person which would, if such claim had arisen between private persons, afford ground for civil proceedings, the claim may be enforced by proceedings taken by or on behalf of the Government for that purpose in accordance with the provisions of this Act.


document_id: gpa-1956
provision_ref: s4
chapter: PART 2 - SUBSTANTIVE LAW
section: 4
title: Claims enforceable by proceedings against Government
content:
4. Subject to the provisions of this Act and of any written law, any claim against the Government which — ( a ) is founded on the use or occupation or the right to the use or occupation of State land; ( b ) arises out of the revenue laws; ( c ) arises out of any contract made by the authority of the Government which would, if such claim had arisen between private persons, afford ground for civil proceedings; or ( d ) is a claim (other than a claim in tort) for damages or compensation not included in paragraphs ( a ), ( b ) and ( c ) which might lawfully be enforced by civil proceedings as between private persons, shall be enforceable by proceedings against the Government for that purpose in accordance with the provisions of this Act.


document_id: gpa-1956
provision_ref: s5
chapter: PART 2 - SUBSTANTIVE LAW
section: 5
title: Liability of Government in tort
content:
5. Subject to the provisions of this Act, the Government shall be liable for any wrongful act done or any neglect or default committed by any public officer in the same manner and to the same extent as that in which a principal, being a private person, is liable for any wrongful act done, or any neglect or default committed by his agent, and for the purposes of this section and without prejudice to the generality thereof, any public officer acting or purporting in good faith to be acting in pursuance of a duty imposed by law shall be deemed to be the agent of and to be acting under the instructions of the Government.


document_id: gpa-1956
provision_ref: s6
chapter: PART 2 - SUBSTANTIVE LAW
section: 6
title: Limits of liability of Government
content:
6. —(1) No proceedings shall lie against the Government by virtue of section 5 in respect of any act, neglect or default of any public officer, unless proceedings for damages in respect of such act, neglect or default would have lain against such officer personally. (2) Any written law which negatives or limits the amount of the liability of any public officer in respect of any act, neglect or default committed by that officer shall, in the case of proceedings against the Government under section 5 in respect of such act, neglect or default of such officer, apply in relation to the Government as it would have applied in relation to such officer if the proceedings against the Government had been proceedings against such officer. (3) No proceedings shall lie against the Government by virtue of section 5 in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process. (4) No proceedings shall lie against the Government by virtue of section 5 in respect of any act, neglect or default of any public officer, unless that officer was at the material time employed by the Government and paid in respect of his duties as an officer of the Government wholly out of the revenues of the Government, or any fund certified by the Minister responsible for finance for the purposes of this subsection or was at the material time holding an office in respect of which the Minister responsible for finance certifies that the holder thereof would normally be so paid.


document_id: gpa-1956
provision_ref: s7
chapter: PART 2 - SUBSTANTIVE LAW
section: 7
title: Savings of acts done in exercise of public duties
content:
7. —(1) Notwithstanding any other provisions of this Act to the contrary, no proceedings, other than proceedings for breach of contract, shall lie against the Government on account of anything done or omitted to be done or refused to be done by the Government or any public officer in exercise of the public duties of the Government. (2) For the purposes of subsection (1), “exercise of the public duties” includes — ( a ) the construction, maintenance, diversion and abandonment of railways, roads or bridges; ( b ) the construction, maintenance and abandonment of schools, hospitals or other public buildings; ( c ) the construction, maintenance and abandonment of drainage, flood prevention and reclamation works; and ( d ) the maintenance, diversion and abandonment of the channels of rivers and waterways. (3) Nothing in this section shall prevent the bringing of any suit for damages or compensation arising out of negligence or trespass in the execution of any works of construction or maintenance undertaken by the Government in the exercise of the said public duties.


document_id: gpa-1956
provision_ref: s8
chapter: PART 2 - SUBSTANTIVE LAW
section: 8
title: Public nuisances
content:
8. —(1) In the case of a public nuisance the Attorney‑General, or 2 or more persons having obtained the consent in writing of the Attorney‑General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case. (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.


document_id: gpa-1956
provision_ref: s9
chapter: PART 2 - SUBSTANTIVE LAW
section: 9
title: Public, religious, social or charitable trusts
content:
9. —(1) In the case of any alleged breach of any express or constructive trust for public, religious, social or charitable purposes, or where the direction of the court is deemed necessary for the administration of any such trust, the Attorney‑General or 2 or more persons having an interest in the trust and having obtained the consent in writing of the Attorney‑General, may institute a suit or be joined as a party in any existing suit on behalf of the Government or the public for the purpose of — ( a ) asserting any interest or right in the trust property; ( b ) removing any trustee; ( c ) appointing a new trustee; ( d ) vesting any property in a trustee; ( e ) directing accounts and inquiries; ( f ) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; ( g ) authorising the whole or any part of the trust property to be let, sold, mortgaged, charged or exchanged; ( h ) settling a scheme; and ( i ) obtaining such further or other relief as the nature of the case may require. (2) No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with that subsection. (3) Subject to subsections (1) and (2), all suits and proceedings in any court relating to any such trust as is therein referred to or otherwise in which the Government is interested, or in which the interests of the public are affected, or in which if brought in England the Attorney‑General of England would be, or would be made, a necessary party as claimant or defendant, whether by himself or by relation of parties, shall be brought and had in the name of the Attorney‑General as claimant or defendant; and the Attorney‑General shall have and exercise therein the same rights, duties and powers as the Attorney‑General of England would have and exercise in England in similar cases so far as the circumstances of Singapore admit. [Act 25 of 2021 wef 01/04/2022]


document_id: gpa-1956
provision_ref: s10
chapter: PART 2 - SUBSTANTIVE LAW
section: 10
title: Priority of Government debts
content:
10. —(1) All debts due and claims owing from time to time by any person to the Government, whether upon judgment, bond, or other specialty, or upon simple contract or otherwise, shall be entitled from the date of the accrual thereof, respectively, to a preference of payment over all debts or claims of every kind which shall, subsequent to such date, have been contracted or incurred by or become due from such person to any other person whomsoever. (2) Nothing herein shall affect any right vested in any person by virtue of a mortgage or charge of immovable property duly registered in the manner provided by law for the registration of such mortgage or charge.


document_id: gpa-1956
provision_ref: s11
chapter: PART 2 - SUBSTANTIVE LAW
section: 11
title: Sureties to be sued as principals
content:
11. All sureties for persons owing money to the Government may be sued as principals; and if the liability is several as well as joint, they may be sued either severally or any 2 or more of them may be sued together; and either separately or together with the principal debtors, or with any one, 2 or more of the principal debtors.


document_id: gpa-1956
provision_ref: s12
chapter: PART 2 - SUBSTANTIVE LAW
section: 12
title: Provisions as to industrial property
content:
12. —(1) Where, after 25 February 1965, any employee or agent of the Government infringes a patent, a registered trade mark or any copyright and the infringement is committed with the authority of the Government, civil proceedings in respect of the infringement shall, subject to the provisions of this Act, lie against the Government. (2) Subject to this section, no proceedings shall lie against the Government by virtue of this Act in respect of the infringement of a patent, a registered trade mark or a copyright.


document_id: gpa-1956
provision_ref: s13
chapter: PART 2 - SUBSTANTIVE LAW
section: 13
title: Application of law as to indemnity, contribution and contributory negligence
content:
13. Where the Government is subject to any liability by virtue of this Part, any written law relating to indemnity, contribution and contributory negligence shall apply in favour of or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity.


document_id: gpa-1956
provision_ref: s14
chapter: PART 2 - SUBSTANTIVE LAW
section: 14
title: Provisions relating to the armed forces
content:
14. —(1) Nothing done or omitted to be done by a member of the forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, insofar as the death or personal injury is due to anything suffered by that other person while he is a member of the forces if — ( a ) at the time when the thing is suffered by that other person, he is — (i) on duty as a member of the forces; or (ii) though not on duty as a member of the forces — (A) on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the forces; or (B) on any journey necessary to enable him to report for duty as such or to return home after such duty; and ( b ) the Minister responsible for finance certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under any written law relating to the disablement or death of members of the force of which he is a member: Provided that this subsection shall not exempt a member of the forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the forces. [45/96] (2) No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the forces if — ( a ) that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used for the purposes of the forces; and ( b ) the Minister responsible for finance certifies as mentioned in subsection (1), nor shall any act or omission of an officer of the Government subject him to liability in tort for death or personal injury, insofar as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions aforesaid are satisfied. (3) The Minister charged with the responsibility for defence or internal security, as the case may be, if satisfied that it is the fact — ( a ) that a person was or was not on any particular occasion on duty as a member of the forces; ( b ) that a person was or was not on any particular occasion either on any journey necessary to enable him to report for duty as such or to return home after such duty; or ( c ) that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used for the purposes of the forces, may issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies. [45/96] (4) No act or omission of a public officer shall subject him to liability in tort for death or personal injury, insofar as the death or personal injury is due to anything suffered by a member of the forces being a thing as to which the conditions mentioned in subsection (1) or (2) are satisfied. (5) In this section — “armed forces” means the Singapore Armed Forces raised and maintained under the Singapore Armed Forces Act 1972; “forces” includes the armed forces and the police force; and “police force” means the Singapore Police Force established under the Police Force Act 2004 and includes any volunteer, auxiliary or special police force attached to, or coming under the jurisdiction of, the Police Force.


document_id: gpa-1956
provision_ref: s15
chapter: PART 2 - SUBSTANTIVE LAW
section: 15
title: Saving in respect of acts done under prerogative and statutory powers
content:
15. —(1) Nothing in this Part shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the President or the Government, or any powers or authorities conferred on the President or the Government by any written law, and, in particular, nothing in this Part shall extinguish or abridge any such powers or authorities, whether in time of peace or of war, for the purpose of the defence of the nation or of training, or maintaining the efficiency of, the armed forces. (2) Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the President or the Government, the President may, if satisfied that the act or omission was necessary for any such purpose as is mentioned in subsection (1), issue a certificate to the effect that the act or omission was necessary for that purpose; and the certificate shall, in those proceedings, be conclusive as to the matter so certified.


document_id: gpa-1956
provision_ref: s16
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 16
title: Civil proceedings in General Division of High Court
content:
16. Subject to the provisions of this Act, all civil proceedings by or against the Government in the General Division of the High Court shall, subject to the provisions of any other written law for the time being in force, be instituted and proceeded with in accordance with the provisions of this Act and not otherwise. [40/2019] State Courts


document_id: gpa-1956
provision_ref: s17
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 17
title: Civil proceedings in State Court
content:
17. —(1) Subject to the provisions of this Act and of any written law limiting the jurisdiction of a State Court (whether by reference to the subject matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise), any civil proceedings against the Government may be instituted in a State Court. [17/2005; 5/2014] (2) Any proceedings by or against the Government in a State Court shall be instituted and proceeded with in accordance with the provisions of this Act and not otherwise. [17/2005; 5/2014] General


document_id: gpa-1956
provision_ref: s18
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 18
title: Application of written law relating to procedure
content:
18. Subject to the provisions of this Act, the provisions of the written law relating to procedure shall apply to civil proceedings by or against the Government in the same way as to suits between private persons.


document_id: gpa-1956
provision_ref: s19
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 19
title: Parties to proceedings
content:
19. —(1) The Minister shall from time to time publish in the Gazette a list specifying the several Government departments which are authorised departments for the purposes of this Act, and the name and address for service of the person who is, or is acting for the purposes of this Act as, the solicitor for each such department, and may from time to time amend or vary the list. (2) Civil proceedings by the Government may be instituted either by an authorised Government department in its own name or by the Attorney‑General. (3) Civil proceedings against the Government shall be instituted against the appropriate authorised Government department, or, if none of the authorised Government departments is appropriate or the person instituting the proceedings has any reasonable doubt whether any and if so which of those departments is appropriate, against the Attorney‑General. (4) Where any civil proceedings against the Government are instituted against the Attorney‑General, an application may at any stage of the proceedings be made to the court by or on behalf of the Attorney‑General to have such of the authorised Government departments as may be specified in the application substituted for him as defendant to the proceedings; and where any such proceedings are brought against an authorised Government department, an application may at any stage of the proceedings be made to the court on behalf of that department to have the Attorney‑General or such of the authorised Government departments as may be specified in the application substituted for the applicant as the defendant to the proceedings. Upon any such application the court may if it thinks fit make an order granting the application on such terms as the court thinks just; and on such order being made the proceedings shall continue as if they had been commenced against the department specified in that behalf in the order, or, as the case may require, against the Attorney‑General. (5) No proceedings instituted in accordance with this Part by or against the Attorney‑General or an authorised Government department shall abate or be affected by any change in the person holding the office of Attorney‑General or in the person or body of persons constituting the department.


document_id: gpa-1956
provision_ref: s20
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 20
title: Service of documents
content:
20. All documents required to be served on the Government for the purpose of or in connection with any civil proceedings by or against the Government shall, if those proceedings are by or against an authorised Government department, be served on the solicitor, if any, for that department, or the person, if any, acting for the purposes of this Act as solicitor for that department, or if there is no such solicitor and no person so acting, or if the proceedings are brought by or against the Attorney‑General, on the Attorney‑General.


document_id: gpa-1956
provision_ref: s21
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 21
title: Summary application to General Division of High Court in certain revenue matters
content:
21. —(1) Subject to and in accordance with Rules of Court, the Government may apply in a summary manner to the General Division of the High Court for the payment of any duty, penalty or other sum payable under the written law, or for the delivery of any accounts required to be delivered, or the furnishing of any information required to be furnished, by any written law. [40/2019] (2) Rules of Court made for the purposes of this section may provide that judgment may be given upon an affidavit by a duly authorised officer when the facts are not in dispute upon a written application to the court by such officer. (3) For the purposes of this section, “duly authorised officer” means an officer of any Government department whose duty it is to administer or enforce the written law in respect of which such application as is referred to in subsection (2) is made and who is duly authorised by the head of such department for the purpose.


document_id: gpa-1956
provision_ref: s22
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 22
title: Interpleader
content:
22. The Government may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a private person may obtain relief by way of such proceedings or be made a party thereto, and may be made a party to such proceedings notwithstanding that the application for relief is made by a sheriff or other like officer; and all Rules of Court relating to interpleader proceedings shall, subject to the provisions of this Act, have effect accordingly.


document_id: gpa-1956
provision_ref: s23
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 23
title: Suits in the name of deceased persons
content:
23. —(1) Suits by the Government against deceased persons may be brought in the names of such deceased persons; and on the death after the commencement of any such suit by the Government of any defendant named in such suit, the suit shall not abate, nor shall the name of the deceased defendant be struck out; but the personal representatives, or any of the next of kin, of the deceased defendant or the official administrator, to be appointed as is provided in subsection (2), shall on application without notice be allowed to intervene to defend, or continue the defence of, the suit as the deceased defendant might have done; and such personal representatives, or next of kin, or official administrator, on filing and serving a notice of intention to contest or not contest, shall give notice in writing thereof to the Government, and shall be served with process as the defendant might have been if he had lived. [Act 25 of 2021 wef 01/04/2022] (2) If none of the executors named in the will of a deceased defendant, or none of the next of kin of such deceased defendant takes a grant of probate of such will or of letters of administration to the estate within one month from the death of such defendant, the court may, on the application of the Government, and on notice to the executors or next of kin, or to such of them as are known to be in Singapore, appoint an official administrator to the estate for the purposes of the suit; and such administrator may defend or continue the defence of the suit. (3) The court may, of its own motion or on the application of any such personal representative or next of kin or official administrator, grant time in any such suit, and otherwise make such arrangements, and impose such terms and conditions for the continuance of the suit as to the court seems right to secure justice to the parties.


document_id: gpa-1956
provision_ref: s24
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 24
title: Appearance of legal officers
content:
24. —(1) Notwithstanding the provisions of any written law, in civil proceedings by or against the Government a legal officer may appear as advocate on behalf of the Government, and may make and do all appearances, acts and applications in respect of such proceedings on behalf of the Government. (2) Notwithstanding the provisions of any written law, in civil proceedings to which a public officer is a party — ( a ) by virtue of his office; or ( b ) in his personal capacity, if the Attorney‑General certifies in writing that it is in the public interest that such public officer should be represented by a legal officer, a legal officer may appear as advocate on behalf of such public officer and shall be deemed to be the recognised agent of such public officer by whom all appearances, acts and applications in respect of such proceedings may be made or done on behalf of such public officer. (3) An advocate and solicitor of the Supreme Court, retained by the Attorney-General in the case of civil proceedings by or against the Government or a public officer, may appear as advocate on behalf of the Government or the public officer in such proceedings. (4) In civil proceedings to which the Attorney-General is a party under section 8 or 9, a legal officer may appear as advocate and make and do all appearances, acts and applications in respect of such proceedings on behalf of the Attorney-General.


document_id: gpa-1956
provision_ref: s25
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 25
title: Transfer of proceedings to General Division of High Court
content:
25. —(1) If, at any stage in any civil proceedings in a State Court to which the Government is a party, an application is made by the Government to the General Division of the High Court by reason that the proceedings may involve an important question of law or may be decisive of other cases arising in the same matter or that it is otherwise desirable in the public interest or for any other reason that such proceedings should be transferred to the General Division of the High Court, and there is produced to the General Division of the High Court a certificate of the Attorney‑General to that effect, the General Division of the High Court shall order the proceedings to be transferred to the General Division of the High Court. [17/2005; 5/2014; 40/2019] (2) Notwithstanding subsection (1), if it appears to the General Division of the High Court that the removal of the proceedings in accordance with that subsection is likely to occasion substantial additional expenses to any party to the proceedings other than the Government, the General Division of the High Court may refuse to grant the application unless the Government enters into an undertaking that it will, on or before such date as the General Division of the High Court may specify, pay to such other party such sum of money as, in the opinion of the General Division of the High Court, is necessary to cover the additional expense likely to be so occasioned to such party. The amount of such sum of money shall be ascertained in such manner as the General Division of the High Court may direct. [40/2019] (3) If, upon the assessment of the costs of the proceedings, it appears to the General Division of the High Court or the Registrar that such sum of money was greater or less than the additional expense actually incurred by the party, the General Division of the High Court or the Registrar may in its or his discretion order that the amount of the excess or the deficiency, as the case may be, should be repaid by the party to the Government or paid by the Government to the party respectively, and any such amount shall be recoverable as if it were costs awarded in such proceedings to the party entitled to receive the same, but subject as aforesaid no sum or any part thereof paid by the Government in accordance with such undertaking shall be recoverable by the Government as costs or otherwise whatever the event of the proceedings. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: gpa-1956
provision_ref: s26
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 26
title: Removal and transfer of proceedings
content:
26. Without prejudice to the rights of the Government under section 25, any written law relating to the removal or transfer of proceedings from a State Court to the General Division of the High Court, from the General Division of the High Court to a State Court, or from one State Court to another, shall apply in relation to proceedings against the Government: Provided that an order for the transfer to a State Court of any proceedings against the Government in the General Division of the High Court shall not be made without the consent of the Government and shall not be conditional upon the giving of security by the Government. [26/2005; 5/2014; 40/2019]


document_id: gpa-1956
provision_ref: s27
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 27
title: Nature of relief
content:
27. —(1) In any civil proceedings by or against the Government the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between private persons, and otherwise to give such appropriate relief as the case may require: Provided that — ( a ) where in any proceedings against the Government any such relief is sought as might in proceedings between private persons be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and ( b ) in any proceedings against the Government for the recovery of land or other property the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof make an order declaring that the claimant is entitled as against the Government to the land or property or to the possession thereof. [Act 25 of 2021 wef 01/04/2022] (2) The court shall not in any civil proceedings grant any injunction or make any order against an officer of the Government if the effect of granting the injunction or making the order would be to give any relief against the Government which could not have been obtained in proceedings against the Government.


document_id: gpa-1956
provision_ref: s28
chapter: PART 3 - JURISDICTION AND PROCEDURE
section: 28
title: Appeals and stay of execution or enforcement
content:
28. Subject to the provisions of this Act, all Acts and Rules of Court relating to appeals and stay of execution or enforcement shall, with any necessary modifications, apply to civil proceedings by or against the Government as they apply to proceedings between private persons. [Act 25 of 2021 wef 01/04/2022]


document_id: gpa-1956
provision_ref: s29
chapter: PART 4 - COSTS, JUDGMENTS AND ENFORCEMENT
section: 29
title: Costs
content:
29. —(1) Subject to this section, in any civil proceedings or arbitration to which the Government or a public officer is a party the court shall have power to order costs for or against the Government or the public officer in the same manner and upon the same principles as in proceedings between private persons: Provided that — ( a ) in the case of proceedings to which by reason of any written law or otherwise the Attorney‑General or any officer of the Government as such is authorised or required to be made a party, the court shall have regard to the nature of the proceedings and the circumstances in which the Attorney‑General or such officer appears and may in the exercise of its discretion order any other party to the proceedings to pay the costs of the Attorney‑General or such officer whatever may be the result of the proceedings; and ( b ) nothing in this section shall affect the power of the court to order, or any provision of any written law requiring, the payment of costs out of any particular fund or property or any provision of any written law expressly relieving the Attorney‑General or such officer of the liability for costs. (2) In any civil proceedings before any court in which a legal officer appears as an advocate under the provisions of this Act, and costs are awarded to or against the Attorney‑General, or to or against the party on whose behalf such legal officer appears, such costs shall include such items, including fees for drawing, for getting up the case and for attendances, as would be included within the meaning of the word “costs” in any written law if an advocate and solicitor of the Supreme Court had appeared. (3) Such costs shall be in accordance with any scale of fees prescribed from time to time to be chargeable by advocates and solicitors and may be assessed in accordance with any written law for the time being in force for the assessment of the fees and costs of such advocates and solicitors. [Act 25 of 2021 wef 01/04/2022] (4) In any civil proceedings mentioned in subsection (2), costs are payable in respect of the services of more than 2 legal officers if the court so certifies. [16/2016] (5) Costs awarded in accordance with this section to a party for whom any of the legal officers referred to in subsection (2) appears as advocate shall, when recovered, be paid into the Consolidated Fund. (6) A legal officer shall not be personally liable for costs in any proceedings under this Act. (7) In this section and in section 31, “court” includes an arbitrator.


document_id: gpa-1956
provision_ref: s30
chapter: PART 4 - COSTS, JUDGMENTS AND ENFORCEMENT
section: 30
title: Interest on debts, damages and costs
content:
30. —(1) The provisions of any written law relating to the payment of interest on judgment debts, damages or costs shall apply to judgments given in proceedings by or against the Government. (2) This section shall apply both in relation to proceedings pending on 25 February 1965 and in relation to proceedings instituted thereafter.


document_id: gpa-1956
provision_ref: s31
chapter: PART 4 - COSTS, JUDGMENTS AND ENFORCEMENT
section: 31
title: Satisfaction of orders against Government
content:
31. —(1) Where in any civil proceedings by or against the Government or in any such proceedings as would in England be brought on the Crown side of the Queen’s Bench Division, or in connection with any arbitration to which the Government is a party, any order (including an order for costs) is made by any court in favour of any person against the Government or against an officer of the Government as such, the proper officer of the court shall, on an application in that behalf made by or on behalf of that person at any time after the expiration of 21 days from the date of the order or, in case the order provides for the payment of costs and the costs require to be assessed, at any time after the costs have been assessed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order: Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant. [Act 25 of 2021 wef 01/04/2022] (2) A copy of any certificate issued under this section may be served by the person in whose favour the order is made upon the person for the time being named in the record as the advocate for the Government or for the Government department or officer concerned. (3) If the order provides for the payment of any money by way of damages or otherwise, or of any costs, the certificate shall state the amount so payable, and the Government shall, subject as hereinafter provided, pay to the person entitled or to his solicitor the amount appearing by the certificate to be due to him together with the interest, if any, lawfully due thereon: Provided that the court by which any such order as aforesaid is made or any court to which an appeal against the order lies may direct that, pending an appeal or otherwise, payment of the whole of any amount so payable, or any part thereof, shall be suspended, and if the certificate has not been issued may order any such directions to be inserted therein. (4) Save as aforesaid no enforcement order or attachment or process in the nature thereof shall be issued out of any court for enforcing payment by the Government of any such money or costs as aforesaid, and no person shall be individually liable under any order for the payment by the Government or any officer of the Government as such, of any such money or costs. [Act 25 of 2021 wef 01/04/2022] (5) This section shall apply both in relation to proceedings pending on 25 February 1965 and in relation to proceedings instituted thereafter.


document_id: gpa-1956
provision_ref: s32
chapter: PART 4 - COSTS, JUDGMENTS AND ENFORCEMENT
section: 32
title: Enforcement by Government
content:
32. —(1) Subject to the provisions of this Act, any order made in favour of the Government against any person in any civil proceedings to which the Government is a party may be enforced in the same manner as an order made in an action between private persons, and not otherwise. (2) This section shall apply both in relation to proceedings pending on 25 February 1965 and in relation to proceedings instituted thereafter. (3) Nothing in this section shall affect any procedure which immediately before 25 February 1965 was available for enforcing an order made in favour of the Government in proceedings brought by the Government for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or of any ship or any share in a ship. [Act 25 of 2021 wef 01/04/2022]


document_id: gpa-1956
provision_ref: s33
chapter: PART 4 - COSTS, JUDGMENTS AND ENFORCEMENT
section: 33
title: Attachment of moneys payable by Government
content:
33. —(1) Where any money is payable by the Government to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Government were money payable by a private person, be entitled under Rules of Court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a receiver to receive the money on his behalf, the General Division of the High Court may, subject to the provisions of this Act and in accordance with Rules of Court, make an order restraining the firstmentioned person from receiving that money and directing payment thereof to that other person, or to the receiver. [40/2019] (2) No such order shall be made in respect of any money which is subject to the provisions of any written law prohibiting or restricting assignment or charging or taking under or pursuant to an enforcement order. [Act 25 of 2021 wef 01/04/2022] (3) For the purposes of this section, “the Government” shall be deemed to include any public officer who in his official capacity has any money in his custody or control. (4) Subsections (1), (2) and (3) shall, so far as they relate to forms of relief falling within the jurisdiction of a State Court, have effect in relation to State Courts as they have effect in relation to the General Division of the High Court. [5/2014; 40/2019]


document_id: gpa-1956
provision_ref: s34
chapter: PART 5 - MISCELLANEOUS AND SUPPLEMENTAL
section: 34
title: Discovery
content:
34. —(1) Subject to and in accordance with Rules of Court — ( a ) in any civil proceedings in the General Division of the High Court or a State Court to which the Government is a party, the Government may be required by the court to make discovery of documents and produce documents for inspection; and ( b ) in any such proceedings as aforesaid, the Government may be required by the court to answer interrogatories: Provided that this section shall be without prejudice to any other written law, or to any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest. [5/2014; 40/2019] (2) Any order of the court made under the powers conferred by subsection (1)( b ) shall direct by what officer of the Government the interrogatories are to be answered.


document_id: gpa-1956
provision_ref: s35
chapter: PART 5 - MISCELLANEOUS AND SUPPLEMENTAL
section: 35
title: Exclusion of proceedings in rem against Government
content:
35. —(1) Nothing in this Act shall authorise proceedings in rem in respect of any claim against the Government, or the arrest, detention or sale of any ship or aircraft, or of any cargo or other property belonging to the Government, or give to any person any lien on such ship, aircraft, cargo or other property. (2) Where proceedings in rem have been instituted in the General Division of the High Court or in a State Court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the claimant for an order under this subsection or an application by the Government to set aside the proceedings, that the proceedings were so instituted by the claimant in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Government, order that the proceedings shall be treated as if they were in personam duly instituted against the Government in accordance with the provisions of this Act, or duly instituted against any other person whom the court regards as the proper person to be sued in the circumstances, and that the proceedings shall continue accordingly. [5/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022] (3) An order under subsection (2) may be made upon such terms, if any, as the court thinks just; and where the court makes any such order it may make such consequential orders as the court thinks expedient.


