Permitted uses of shelter
12.—(1) The owner or occupier of any part of a building which consists of a shelter may, at any time other than the period when an order made under section 1(3) is in operation, use such part of the building for such purposes as may be —(a)
prescribed by the regulations;
(b)
approved by the Commissioner in writing; or
(c)
allowed under any other written law.
(2) A person must not change the use of any part of any building which consists of a shelter without the prior written approval of the Commissioner.
(3) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.
Commissioner to administer Act and may delegate authority
13.—(1) The Commissioner is responsible for the administration of this Act.
(2) Without affecting subsection (1), the powers conferred and the duties imposed on the Commissioner under this Act or the regulations may generally or specifically be exercised and carried out by any person generally or specifically authorised by name or office by the Commissioner.
Specifications for construction of shelters
14. The Commissioner may —(a)
issue or approve and, from time to time, review and amend the specifications, technical codes and standards relating to the design, construction and maintenance of shelters to be provided under this Act and the equipment to be installed in the shelters; and
(b)
if circumstances so require, modify, subject to such conditions as the Commissioner may impose, the requirements of any of the specifications in respect of any building, house or flat in which a shelter is to be provided under this Act.
Powers of entry
15.—(1) The Commissioner or any authorised person on producing, if so required, evidence of his or her authority has a right to enter and inspect, at all reasonable hours —(a)
any building or part thereof for the purpose of ascertaining whether any part of the building is suitable or required for use as an improvised shelter;
(b)
any building or part thereof in which a shelter is being constructed for the purpose of ascertaining whether there is or has been any contravention of any of the provisions of this Act, the regulations or any specifications; and
(c)
any shelter for the purpose of —(i)
ascertaining whether there is or has been any contravention of any of the provisions of this Act or the regulations;
(ii)
ensuring that the shelter is suitable for use as such; or
(iii)
performing the duties or exercising the powers of the Commissioner under this Act, the regulations or any other written law.
(2) For the purpose of subsection (1)(a), the Commissioner or authorised person may require the owner or occupier of the building or part thereof being inspected to —(a)
produce to the Commissioner or authorised person for inspection; or
(b)
supply the Commissioner or authorised person with copies of,
any plans, records and other documents relating to the building or part thereof being inspected as may be in the possession, custody or control of the owner or occupier, either forthwith or at such time and place as may be specified by the Commissioner or authorised person.
(3) The Commissioner or any authorised person must not exercise the right of entry conferred by subsection (1)(a) unless at least 24 hours’ notice of the intended entry has been given to the owner or occupier of the building or part thereof to be inspected.
Authorised persons may make forcible entry
16.—(1) When any storey shelter, public shelter or improvised shelter liable to inspection under section 15 is closed, the owner or occupier of the building or part thereof which consists of the storey shelter, public shelter or improvised shelter must, on demand by the Commissioner or any authorised person, allow the Commissioner or authorised person free entry to the shelter and afford all reasonable facilities for a search in the shelter.
(2) If entry to the storey shelter, public shelter or improvised shelter cannot be obtained, the Commissioner or authorised person may —(a)
break open any outer or inner door or window leading to the storey shelter, public shelter or improvised shelter;
(b)
forcibly enter the storey shelter, public shelter or improvised shelter and every part of the shelter; or
(c)
remove by force any obstruction to such entry or search.
Furnishing of information
17.—(1) Where any person appears to the Commissioner to be acquainted with the circumstances of any case which is under investigation, the Commissioner may by notice require such person within such time as may be specified in the notice to furnish the Commissioner with such information relating to that case as is within that person’s knowledge or possession.
(2) Any person who fails to comply with any notice under subsection (1) or who furnishes any information which the person knows or has reason to believe is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.
Obstructing authorised persons in execution of duty
18. Any person who —(a)
refuses the Commissioner or any authorised person access to any building or part thereof or otherwise hinders the Commissioner or authorised person in the performance of his or her duty; or
(b)
neglects to give any information which is reasonably required of the person and which is in the person’s power to give or which the person is required by this Act or the regulations to give,
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 6 months or to both.
Service of notices, etc.
19.—(1) Any notice, order or document required or authorised by this Act or the regulations to be served on any person may be served on that person —(a)
by delivering it personally to that person;
(b)
by delivering it at the usual or last known place of residence, business or employment of that person to some adult member or employee of that person’s family or household or to some adult person who is apparently in charge of or is employed at the usual or last known place of business or employment of the person to be served;
(c)
by sending it by registered post addressed to that person at that person’s usual or last known place of residence, business or employment; or
(d)
by affixing it to some conspicuous part of the building or part thereof of which that person is the owner or occupier.
(2) Without affecting subsection (1), any notice, order or document required or authorised by this Act or the regulations to be served on any person during the period when an order made under section 1(3) is in operation may be served on that person —(a)
by publishing it in the daily newspapers circulating in Singapore in all the official languages and in the Gazette;
(b)
by broadcasting it over the radio and television in the prescribed manner;
(c)
by audible signals given in the prescribed manner over a public-address system or through a siren where such signals are audible from the usual or last known place of residence, business or employment of the person to be served;
(d)
by reading the contents of the notice, order or document over the telephone to that person;
(e)
by reading the contents of the notice, order or document over the telephone to some adult member or employee of that person’s family or household; or
(f)
by sending it by fax, telex or any other prescribed means of telecommunication to the person to be served at the usual or last known place of residence, business or employment of that person where there is an acknowledgment by electronic or any other means to the effect that the order or notice has been received at that place.
(3) Where a notice, order or document is served on any person pursuant to —(a)
subsection (1)(b), it is —(i)
presumed, until the contrary is proved, to have been conveyed or read to the person to whom it applies at the time of delivery; and
(ii)
deemed to have been conveyed or read to the person to whom it applies on the expiry of 6 hours from the time of delivery;
(b)
subsection (1)(c), it is deemed to have been received and read by the person to whom it applies on the expiry of 48 hours from the time at which it was delivered to the post office for despatch;
(c)
subsection (1)(d), it is deemed to have been received and read by the person to whom it applies on the expiry of 24 hours from the time at which it was affixed to the building or part thereof;
(d)
subsection (2)(a), it is deemed to have been read by the person to whom it applies by noon on the day following the date of publication;
(e)
subsection (2)(b) or (c), it is deemed to have been seen or heard by the person to whom it applies on the expiry of 6 hours from the commencement of the first broadcast or audible signal, as the case may be;
(f)
subsection (2)(e), it is —(i)
presumed, until the contrary is proved, to have been conveyed to the person to whom it applies at the time of the telephone conversation; and
(ii)
deemed to have been conveyed to the person to whom it applies on the expiry of 6 hours from the time of the telephone conversation; or
(g)
subsection (2)(f), it is —(i)
presumed, until the contrary is proved, to have been received and read or heard by the person to whom it applies at the time of the first transmission; and
(ii)
deemed to have been received and read or heard by the person to whom it applies on the expiry of 6 hours from the time of the first transmission.
(4) Any notice, order or document required or authorised by this Act or the regulations to be served on the owner or occupier of any building or part thereof is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of the building or part thereof without further name or description.
(5) Any notice, order or document required or authorised by this Act or the regulations to be served on any person may be issued in such form as the Commissioner may determine.
(6) Where any such notice, order or document requires authentication, the signature of the Commissioner or an authorised person or an official facsimile of the signature appended to the notice, order or document is sufficient authentication.
Inaccuracies in documents
20.—(1) No misnomer or inaccurate description of any person or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act or the regulations affects, in any way, the operation of this Act or the regulations as respects that person or place if that person or place is so designated in the document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act or the regulations are to be invalid for want of form.
Immunity from suit
21. No suit or other legal proceedings shall lie against the Government, the Commissioner or any authorised person or public officer or any other person acting under the direction of the Commissioner or an authorised person or public officer for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or the regulations.
Jurisdiction of Courts
22. Despite the provisions of the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to hear and determine all offences under this Act or the regulations and has power to impose the full penalty or punishment in respect of an offence under this Act or the regulations.
Conduct of prosecutions
23. Proceedings in respect of any offence under this Act or the regulations may, with the authorisation of the Public Prosecutor, be conducted by any officer of the Force or any other person authorised in writing in that behalf by the Commissioner.[15/2010]
Evidence
24.—(1) The contents of any document prepared, issued or served under, by virtue of or for the purposes of this Act or the regulations are, until the contrary is proved, presumed to be correct.
(2) All records and other documents required by this Act or the regulations to be kept by the Commissioner are deemed to be public documents.
(3) A copy of or extract from any record or document mentioned in subsection (2) that is —(a)
certified by the officer responsible for the custody of the record or document to be a true copy or extract; and
(b)
subscribed by that officer with his or her name and official title,
is admissible in evidence as proof of its contents.
(4) A certificate purporting to be under the hand of the Commissioner and specifying the costs and expenses or arrears as due and payable by any person is prima facie evidence of the facts certified therein and of the signature of the Commissioner.
Offence by body corporate
25. Where an offence under this Act or the regulations has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other similar officer of the body corporate, partnership or unincorporated association (as the case may be), or was purporting to act in any such capacity shall be guilty of that offence unless the person proves that —(a)
the offence was committed without his or her consent or connivance; and
(b)
the person had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.
Composition of offences
26.—(1) The Commissioner may compound any offence under this Act or the regulations that is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $500.
(2) All sums received under subsection (1) must be paid into the Consolidated Fund.
Exemption
27. The Minister may, by order either generally or in any particular case, and subject to such conditions as the Minister may impose, exempt any person or building or part thereof from all or any of the provisions of this Act or the regulations.
Regulations
28.—(1) The Minister may make regulations for carrying out the purposes and provisions of this Act as the Minister considers necessary and for any matter which is required under this Act to be prescribed and, in particular, the Minister may make regulations —(a)
to regulate and control the use and maintenance of shelters during a state of emergency and the conduct of persons taking refuge in them;
(b)
to regulate and control the use and maintenance of shelters when there is no state of emergency;
(c)
to provide for the inspection of shelters;
(d)
to prescribe the time and manner for making any application under this Act;
(e)
to prescribe the fees and charges which may be levied under this Act or the regulations;
(f)
to prescribe the forms for use in connection with this Act or the regulations;
(g)
to prescribe the offences that may be compounded under section 26; and
(h)
to prescribe any other matter which is required to be prescribed for the purposes of this Act.
(2) The Minister may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 6 months or with both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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