Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Prohibition against selling greater quantity of controlled articles than required for ordinary use
14. Any person who sells any controlled article to any other person in excess of the quantity which may be lawfully acquired by such other person in accordance with any regulations made under section 6 shall be guilty of an offence under this Act.
Prohibition of concealment or destruction of controlled articles
15. Any person who conceals or destroys any controlled article in order to withhold the article from the market or refuses, without reasonable cause, to supply any controlled article shall be guilty of an offence under this Act.
Offence to sell controlled articles without licence or permit
16.—(1) Any person, not being the holder of a valid licence or permit issued in accordance with section 7, who sells by wholesale or retail any controlled article —(a) on the person’s own behalf; (b) on behalf of any body corporate of which the person is a director or an officer; or (c) on behalf of any firm of which the person is a partner, shall be guilty of an offence under this Act. (2) Any person, being the holder of a valid licence or permit issued in accordance with section 7, who sells by wholesale or retail any controlled article —(a) in any premises or at a place other than the premises or place specified in the licence or permit; or (b) contrary to any conditions expressed in the licence or permit, shall be guilty of an offence under this Act.
Retailers to display licence and list of controlled articles and rationed articles
17.—(1) Any person carrying on retail business in any premises or at any place in respect of which a licence has been issued in accordance with section 7 must display in a conspicuous position —(a) the original of the licence; and (b) a list in the English language and in any other language as the Controller may direct of the controlled articles or rationed articles sold in that premises or at that place, so that they may be easily read by any person purchasing controlled articles or rationed articles in that premises or at that place. (2) Any person who fails or refuses to comply with subsection (1) shall be guilty of an offence under this Act.
Supply of rationed articles
18.—(1) Except under the authority of the Controller or under and in accordance with this Act or of any direction, licence, permit or coupon issued thereunder, a person must not obtain or attempt to obtain, and a retailer must not supply or offer or attempt to supply, any rationed article. (2) Any person who contravenes subsection (1) shall be guilty of an offence under this Act.
Illegal conditions
19. Any person who, in selling any controlled article, imposes, except with the Controller’s permission, any condition of sale other than a condition of sale —(a) requiring immediate payment for the controlled article; (b) prescribing the time within which payment must be made or delivery taken; or (c) requiring a deposit in respect of sale of the controlled article, shall be guilty of an offence under this Act.
Removal of controlled articles from business premises and storage of controlled articles in premises other than licensed business premises, and dealing in controlled articles otherwise than in normal course of business
20.—(1) Any person who removes any controlled article or causes or permits any controlled article to be removed from any licensed premises or stores any controlled article or causes or permits any controlled article to be stored in any premises, other than licensed premises or premises approved by the Controller for such storage, shall be guilty of an offence under this Act. (2) The Controller, any senior officer of customs or any police officer not below the rank of sergeant, if he or she suspects that any controlled article is being stored or dealt with in any premises in contravention of this section, may, despite any written law to the contrary for the time being in force, without a search warrant enter upon the premises for the purpose of ascertaining whether or not any such controlled article is in those premises. (3) In any prosecution for an offence under this section, it is sufficient for the prosecution to prove that any controlled article, to the ownership or possession of which the defendant was entitled, was found in premises other than licensed premises or premises approved by the Controller, and the burden of proving that the defendant is not guilty of an offence under this section then lies upon the defendant. (4) Any controlled article found in the course of a search under subsection (2) upon premises other than licensed premises or premises approved by the Controller, in regard to which an offence under this section is reasonably suspected to have been committed, may be removed by the Controller or other person authorised by that subsection to carry out the search and, if not claimed within 2 weeks of the removal, may be sold by order of the Controller, and the proceeds of the sale must be paid into the Consolidated Fund.
Unlawful possession of controlled articles
21. Any person in possession or control of any controlled article in such circumstances as to raise a reasonable suspicion that an offence under this Act has been or is intended to be committed by him or her in relation to the controlled article shall be guilty of an offence under this Act unless he or she satisfies the court that the offence has not been and was not intended to be committed by him or her.
Penalties
22.—(1) Any person, other than a body corporate, but including a director or an officer of a body corporate, who commits an offence under this Act shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Any body corporate which commits an offence under this Act shall be liable on conviction to a fine not exceeding $20,000. (3) Where any person is convicted of an offence under this Act, the court by which the person is so convicted may, whether or not it imposes any other penalty —(a) make an order —(i) cancelling any licence issued under section 7 to the person, or to any firm of which the person is a partner, or to any corporation of which the person is a director or an officer; and (ii) debarring the person or the firm or corporation from obtaining a new licence either absolutely or for a period that the court may determine; or (b) suspend the licence for a period that the court may determine. (4) Where a person charged with an offence under this Act is a body corporate —(a) every person who, at the time of the commission of the offence, is a director or an officer of that body corporate may be charged jointly in the same proceedings with the body corporate; and (b) where the body corporate is convicted of the offence charged — every such director or officer shall be deemed to be guilty of the offence unless he or she proves that the offence was committed without his or her knowledge or that he or she took reasonable precautions to prevent its commission. (5) Any person who would have been liable for an offence under this Act to any penalty for anything done or omitted to be done if the thing had been done or omitted to be done by him or her personally shall be liable to the same penalty if the thing has been done or omitted to be done by his or her partner, agent or employee, unless he or she proves that he or she took reasonable precautions to prevent the doing or omission of that thing.
No proceedings against authorised person procuring evidence
23. No proceedings shall be instituted under this Act against any person duly authorised in that behalf by the Controller who has knowingly done or omitted to do any act which would, but for this section, have been an offence, provided that he or she has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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