Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
General penalty
56. Any person who is guilty of an offence under this Act or the regulations for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.
Jurisdiction of court
57. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District 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.
Evidence
58.—(1) Subject to this section, the contents of any notice or document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct. (2) All records and other documents required by this Act to be kept by the Commissioner are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by that officer with his or her name and official title are admissible in evidence as proof of the contents of the documents or extracts. (3) Where any information in respect of any amusement ride is provided by the Commissioner by electronic means, the production of any document under the hand of the officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts in all proceedings are to take judicial notice of the signature of that officer.
Presumptions and defences
59.—(1) In any proceedings instituted under this Act for —(a) the commencement or carrying out of any installation works, modification works or relocation works; or (b) the operation of any amusement ride, on any premises in contravention of the provisions of this Act, the owner of the premises at the time the installation works, modification works, relocation works or the operation of the amusement ride was commenced or carried out is presumed, until the contrary is proved, to be the person commencing or carrying out the installation works, modification works, relocation works or the operation of the amusement ride, as the case may be. (2) Where anything is required under this Act to be done by the person responsible for, or the ride manager of, an amusement ride, and there is more than one person responsible for the amusement ride or more than one such ride manager, it is a defence to any prosecution for failing to do that thing for the accused to prove —(a) that that thing was done by another person responsible for the amusement ride or by another ride manager of the amusement ride, as the case may be; or (b) that any notice or order in respect of that thing required under this Act to be served on the person responsible for the amusement ride or on the ride manager of the amusement ride was served on another person responsible for that amusement ride or on another ride manager of that amusement ride (as the case may be) and not on the person charged.
Offences by bodies corporate, etc.
60.—(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 act or default 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 he or she 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 act or default 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 a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) 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 act or default on the part of the 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. (6) In this section —“body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” —(a) in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and (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 the 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. (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.
Liability for offences by agents or employees
61. Where an offence under this Act is committed by a person (A) —(a) acting as an agent or employee; or (b) being otherwise subject to the supervision or instruction, of another person (B) for the purposes of any employment in the course of which the offence was committed, B, without prejudice to the liability of A, shall be liable under this Act in the same manner and to the same extent as if B had personally committed the offence if it is proved that the act which constituted the offence was committed with B’s consent or connivance or that it was attributable to any neglect on B’s part.
Composition of offences
62.—(1) The Commissioner may compound any offence under this Act or the regulations which 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.
Forfeiture
63.—(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if the court is satisfied that —(a) an offence under this Act has been committed; and (b) the item seized was the subject matter, or was used in the commission, of the offence. (2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion and make any order that it thinks appropriate. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person has been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court must order that the item be released to the owner of, or the person entitled to, the item. (5) If —(a) no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and (b) no claim is made for the item under section 51(2)(b), the item to which the notice relates is deemed to be forfeited. (6) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Commissioner and must be disposed of in the manner that the Commissioner thinks fit. (8) The costs of the disposal of any item under subsection (7) must be borne by the owner of, or person entitled to, the item.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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