Prohibition against use of toxins for non-peaceful purpose, etc.
Open ↗30.—(1) A person must not —(a)
use;
(b)
develop or produce;
(c)
acquire, stockpile, retain or possess; or
(d)
transfer to another person, whether directly or indirectly,
any toxin for any non-peaceful purpose.
(2) Any person who contravenes subsection (1) —(a)
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term which may extend to life imprisonment or to both; and
(b)
may be arrested without warrant by a police officer or an enforcement officer.
Division 2 — Possession and use
Prohibition against possession of Fifth Schedule toxins without approval
Open ↗31.—(1) A person must not possess any Fifth Schedule toxin unless the person’s possession of the Fifth Schedule toxin is authorised by and is in accordance with the conditions of an approval granted by the Director-General.[Act 11 of 2023 wef 01/05/2023]
(2) For the purpose of subsection (1), an approval to possess a Fifth Schedule toxin must not be granted to any person unless the person is the operator of a facility which is a protected place.
(3) A person who has been granted an approval to possess a Fifth Schedule toxin must keep or use the Fifth Schedule toxin only at such facility as may be specified in the approval to possess.
(4) Where any person possesses any Fifth Schedule toxin in contravention of subsection (1) or keeps or uses any Fifth Schedule toxin at any facility in contravention of subsection (3) —(a)
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both; and
(b)
the Director‑General may order any one or more of the following:(i)
the immediate cessation of any activity involving the Fifth Schedule toxin carried out by the person at the facility;
(ii)
the destruction of the Fifth Schedule toxin at the facility;
(iii)
the decontamination of the facility;
(iv)
the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation;
(v)
that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Fifth Schedule toxin at the facility should —(A)
undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or
(B)
be quarantined at such place and for such period as the Director‑General may specify in the order.[Act 11 of 2023 wef 01/05/2023]
(5) Any person who contravenes any order made by the Director‑General under subsection (4)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.[Act 11 of 2023 wef 01/05/2023]
(6) This section does not apply to —(a)
any person who has been engaged to transport any Fifth Schedule toxin within Singapore and whose possession of the Fifth Schedule toxin is merely incidental to the person’s transporting it in accordance with such engagement; or
(b)
any person who has been engaged to store any Fifth Schedule toxin within Singapore pending —(i)
the delivery of the Fifth Schedule toxin to the person who has procured its import into Singapore; or
(ii)
the export of the Fifth Schedule toxin from Singapore in the course of transhipment,
and whose possession of the Fifth Schedule toxin is merely incidental to the person’s storing it in accordance with such engagement.
Division 3 — Import and transhipment
Prohibition against import or transhipment of Fifth Schedule toxins without permit
Open ↗32.—(1) A person must not import or procure the import of any Fifth Schedule toxin unless the import of the Fifth Schedule toxin is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General.[Act 11 of 2023 wef 01/05/2023]
(2) A person must not tranship any Fifth Schedule toxin unless the transhipment of the Fifth Schedule toxin is authorised by and is carried out in accordance with the conditions of a permit granted by the Director‑General.[Act 11 of 2023 wef 01/05/2023]
(3) For the purposes of subsection (1), a permit to import a Fifth Schedule toxin must not be granted to any person unless the person has already been granted an approval to possess the Fifth Schedule toxin as referred to in section 31.
(4) Every permit to import or tranship a Fifth Schedule toxin is valid only in respect of one consignment of the Fifth Schedule toxin for which an application for the permit has been made.
(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.
Notification of failure of receipt of import
Open ↗33.—(1) Every holder of a permit to import any Fifth Schedule toxin must immediately notify the Director‑General, in such form and manner as the Director‑General may require, in the event the holder of the permit fails to receive the consignment of the Fifth Schedule toxin to which the permit to import relates.[Act 11 of 2023 wef 01/05/2023]
(2) For the purposes of subsection (1), the holder of the permit to import is deemed to have failed to receive the consignment of the Fifth Schedule toxin to which the permit to import relates if the holder of the permit does not receive the consignment within 24 hours of such time as may be reasonably estimated by the holder of the permit for the receipt.
(3) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Storage of Fifth Schedule toxins upon import or pending transhipment
Open ↗34.—(1) Where any Fifth Schedule toxin that has been imported into Singapore is required to be stored temporarily at any place before it is delivered to the facility for which it is destined, the person to whom the permit to import the Fifth Schedule toxin has been granted must ensure that the Fifth Schedule toxin is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed.
(2) Where any Fifth Schedule toxin that is being transhipped through Singapore is required to be landed and stored temporarily at any place before it is delivered to the conveyance on which it will be taken out of Singapore, the person to whom the permit to tranship the Fifth Schedule toxin has been granted must ensure that the Fifth Schedule toxin is stored at a place which is safe and secure, and that the storage at such place is carried out in accordance with such requirements as may be prescribed.
(3) Where a holder of a permit to import or tranship any Fifth Schedule toxin stores the toxin in contravention of subsection (1) or (2), as the case may be —(a)
the holder of the permit shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both; and
(b)
the Director‑General may order the holder of the permit, at the expense of the holder of the permit, to do any one or more of the following:(i)
take such measures as the Director‑General may specify to ensure that the Fifth Schedule toxin is properly stored;
(ii)
destroy the Fifth Schedule toxin;
(iii)
decontaminate the place at which the Fifth Schedule toxin was stored in contravention of subsection (1) or (2).[Act 11 of 2023 wef 01/05/2023]
(4) Any holder of a permit to import any Fifth Schedule toxin and any holder of a permit to tranship any Fifth Schedule toxin who contravenes any order made by the Director‑General under subsection (3)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.[Act 11 of 2023 wef 01/05/2023]
Prohibition against transfers of Fifth Schedule toxins except by certain persons
Open ↗35.—(1) Subject to subsection (2), a person must not transfer any Fifth Schedule toxin unless —(a)
the person has an approval to possess the Fifth Schedule toxin as referred to in section 31; and
(b)
the transferee —(i)
has also been granted an approval to possess the Fifth Schedule toxin as referred to in section 31; or
(ii)
is outside Singapore.
(2) A person to whom any Fifth Schedule toxin has been provided for any excluded purpose must not transfer the Fifth Schedule toxin to any other person for any purpose other than an excluded purpose unless the transferee —(a)
has been granted an approval to possess the Fifth Schedule toxin as referred to in section 31; or
(b)
is outside Singapore.
(3) Any transferor who transfers any Fifth Schedule toxin to any transferee in Singapore, knowing or having reason to believe that such transferee does not have an approval to possess the Fifth Schedule toxin as referred to in section 31, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.
Notifications relating to transfers of Fifth Schedule toxins
Open ↗36.—(1) Any transferor who wishes to transfer any Fifth Schedule toxin to a transferee must notify —(a)
the Director‑General of the proposed transfer within such time and in such form and manner as the Director‑General may require;[Act 11 of 2023 wef 01/05/2023]
(b)
the transferee of an estimated time of receipt by the transferee of the toxin being transferred; and
(c)
the carrier of the toxin (where the carrier is not the transferor or transferee) prior to the despatch of the toxin of a 24‑hour emergency number that is monitored at all times by a person who —(i)
has knowledge of the hazards and characteristics of the toxin being transported; or
(ii)
has immediate access to a person who possesses such knowledge and information.
(2) Where a transferee fails to receive any Fifth Schedule toxin which is being transferred to the transferee, the transferee must immediately notify the Director‑General, in such form and manner as the Director‑General may require, of the failure of receipt.[Act 11 of 2023 wef 01/05/2023]
(3) For the purposes of subsection (2), a transferee is deemed to have failed to receive the Fifth Schedule toxin which is being transferred to the transferee if the transferee does not receive the toxin within 24 hours of the estimated time of receipt of the toxin provided by the transferor.
(4) 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 $10,000.
Division 5 — Transportation
Prohibition against transportation by certain means
Open ↗37.—(1) A person must not transport or procure the transportation of any Fifth Schedule toxin within Singapore by mail or public transportation.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
