Power to enter premises, vessel or aircraft
35.—(1) The Director-General or an authorised officer may, with or without assistants, for the purposes of this Act, enter any premises, vessel or aircraft in order to make any survey, inspection or search or to execute any works authorised by this Act.
(2) Any Medical Officer of Health may —(a)
medically examine any person on any premises, vessel or aircraft for the purpose of ascertaining whether that person is suffering from, or has recently suffered from, or is a carrier of, any vector‑borne disease, or whether that person has been recently exposed to infection by any such disease;
(b)
medically treat any person on the premises, vessel or aircraft who is suffering from any vector‑borne disease; or
(c)
cause a post-mortem examination to be made on any corpse found on the premises, vessel or aircraft for the purpose of ascertaining whether the cause of death has been due to any vector‑borne disease.
(3) A person must not, except with the consent of the occupier thereof, enter any dwelling-house by virtue of the powers conferred by this section without at least 12 hours’ previous notice being given to the occupier thereof, if any.
(4) The owner or occupier of any premises, vessel or aircraft (as the case may be) must supply any information that the Director‑General or any authorised officer may require or consider to be reasonably necessary for the purpose of this section.
Director-General may act in cases of emergency
36. In cases of emergency the Director-General may direct the immediate execution of any work or the doing of any act (being any work or act authorised under this Act) which is in the opinion of the Director‑General necessary for public health or for the safety of the public.
Owner and occupier to protect works
37.—(1) Where the Director-General or any department of the Government has constructed any works with the object of preventing the breeding of vectors, the owner or occupier of the premises on which the works stand must prevent the premises from being used in any manner that is likely to —(a)
cause the deterioration of the works; or
(b)
lessen the efficiency of the works.
(2) Where any such premises are used in a manner that causes the deterioration, or lessens the efficiency, of the works —(a)
the owner or occupier of the premises shall, subject to subsection (4), be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and
(b)
the Director-General may enter the premises with such assistants and things as are necessary, execute any necessary repairs or works on the premises and recover from the person convicted the costs and expenses incurred in connection with the repairs or works.
(3) Before any proceedings are taken under this section, the Director‑General must give the owner or occupier (as the case may be) written notice specifying —(a)
what the Director-General requires to be done or not to be done; and
(b)
the time within which the notice is to be complied with.
(4) If the owner of the premises is, by reason of any contract (not being a contract made with an intention to evade liability under this section), prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), the owner shall not be liable to any of the penalties mentioned in subsection (2) unless it can be shown that the owner has contributed in any way to the refusal or failure of the occupier to carry out those duties and obligations.
Penalty for damaging, etc., works
38.—(1) Any person who, without the consent of the Director‑General, interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the order of the Director‑General, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(2) The Director‑General may in addition recover from the person convicted any costs and expenses incurred in connection with the re‑execution of the works or the replacement of the materials or things so interfered with, damaged, injured, destroyed or rendered useless.
Damage to property of Agency to be made good in addition to penalty
39.—(1) If through any act, neglect or default on account of which any person has incurred any penalty under this Act any damage is caused by that person to property belonging to the Agency, the person shall be liable to make good the damage as well as to pay the penalty.
(2) The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted.
(3) The amount of the damage may be recovered as if it were a fine imposed by the court.
Compensation, damages, fees, costs and expenses to be determined by court
40.—(1) Except as otherwise provided in this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute or failure to pay, to be summarily ascertained and determined by a District Court.
(2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay that amount within 14 days after demand, that amount may be reported to a District Court and recovered in the same manner as if it were a fine imposed by a District Court.
(3) An appeal shall lie to the General Division of the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]
Recovery of costs and expenses by instalments
41.—(1) Where the Director-General has incurred costs and expenses in connection with the execution of any works, which are, under this Act, payable by or recoverable from the owner or occupier of any premises, vessel or aircraft (as the case may be), the Director‑General may obtain an undertaking from the owner or occupier for the payment of such instalments as will be sufficient to defray the whole amount of such costs and expenses.
(2) Upon default in payment of any instalment on the date appointed for payment of the instalment by the undertaking mentioned in subsection (1), the whole of the amount outstanding —(a)
immediately becomes due and payable; and
(b)
despite any change in the ownership or occupation of the premises, vessel or aircraft since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 40.
Fees, etc., payable to Agency
42. All fees, charges, composition fines and moneys collected under this Act must be paid to the Agency.
Liability of transferor of property
43. Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in or about the execution of any works required to be done under this Act, and the costs and expenses are recoverable under this Act from the owner of the property, the person continues to be liable for —(a)
the payment of all the costs and expenses which became payable before the transfer; and
(b)
the performance of all other obligations imposed by this Act upon the owner of the property which were required to be performed before the transfer.
Persons unable to pay necessary expenses
44. If it appears to the Director-General after due enquiry that any person does not have the means to pay the necessary expenses of doing anything required to be done by the person under this Act, the necessary expenses may be paid out of the funds of the Agency.
Obstructing or hindering Director-General, etc., in performance of duties
45. Any person who obstructs or hinders the Director‑General or any police officer or authorised officer, or any other person acting under the direction of the Director‑General, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.
Notice to attend court
46.—(1) Where it appears to the Director-General or any police officer or authorised officer that any person has committed an offence under this Act, the Director‑General, police officer or authorised officer may serve on the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice.
(2) The Director-General, police officer or authorised officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the duplicate to the court.
(3) When an accused person appears before a court pursuant to such a notice, the court is to take cognizance of the offence alleged and is to proceed as though the accused were brought before the court under section 153 of the Criminal Procedure Code 2010.[15/2010]
(4) If a person who has been served the notice fails to appear before a court in accordance with the notice, the court is to issue a warrant for the arrest of that person.
(5) When a person who is arrested pursuant to a warrant issued under subsection (4) is brought before a court, the court is to proceed as though the person were brought under section 153 of the Criminal Procedure Code 2010.[Act 31 of 2022 wef 01/11/2022]
Power of arrest
47.—(1) The Director-General, a police officer or an authorised officer may arrest without warrant any person committing in his or her view, or who he or she has reason to believe has committed, any offence under this Act if —(a)
he or she does not know the person’s name and address;
(b)
the person omits or refuses to give his or her name and address or provide any other proof of identity that may be required; or
(c)
he or she has reason to believe that the name, address or proof of identity given by the person is false.
(2) A person arrested under this section may be detained until his or her name and address are correctly ascertained.
(3) A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.
Person charged with offence to provide particulars if required
48.—(1) Any person who is charged by the Director‑General, a police officer or an authorised officer with any offence under this Act must give his or her name and address and any other proof of identity to the Director‑General, police officer or authorised officer, if so required.
(2) The occupier of any premises, vessel or aircraft must, if required by the Director‑General, police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, vessel or aircraft, if known.
(3) Any person who contravenes this section or wilfully misstates his or her name and address or the name and address of the owner of any premises, vessel or aircraft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Offence by body corporate, etc.
49. Where an offence under this Act 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 thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he or she proves that —(a)
the offence was committed without his or her consent or connivance; and
(b)
he or she 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.
Limitation of liability
50. Except in any case where, by reason of the act or omission complained of, any injury or danger to health subsists at the date of the complaint, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint in respect of the offence is made within 12 months after the date of the commission of the offence.
Jurisdiction of court
51. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.
Forfeiture
52. Where any person is convicted of any offence under this Act, the court may order that any article seized under this Act be forfeited to the Agency and may further order that the article be disposed of, under the direction of the Director‑General, by the person convicted at the person’s own expense.
Composition of offences
53.—(1) The Director-General or any officer authorised in writing in that behalf by the Agency may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $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.
Protection from personal liability
54. No suit or other legal proceedings shall lie against the Director‑General, an authorised officer or any other person acting under the direction of the Director‑General for anything which is in good faith done in the execution or purported execution of this Act.
Receipts, notices, etc.
55.—(1) All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give by this Act may be given —(a)
in such form as the Director-General may determine; and
(b)
by any authorised officer.
(2) Where any such notice, order, receipt, warrant or document requires authentication, either of the following appended thereto is sufficient authentication:(a)
the signature of the Director-General or authorised officer;
(b)
a facsimile of the signature of the Director‑General or authorised officer.
Service of documents, etc.
56.—(1) Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act, may be served on the person —(a)
by delivering it to the person or to an adult member or employee of his or her family or household at his or her last known place of residence;
(b)
by leaving it at his or her usual or last known place of residence or business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —(i)
by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons (as the case may be) would in the ordinary course of post be delivered and in proving service of the notice, order, document or summons it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft, or any summons issued by a court against any such owner or occupier in connection with any offence under this Act, may be served —(a)
by delivering it or a true copy of it to an adult person on the premises, vessel or aircraft; or
(b)
if there is no adult person on the premises, vessel or aircraft to whom it can with reasonable diligence be delivered, by affixing it to a conspicuous part of the premises, vessel or aircraft.
(4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft, or any summons issued by a court against any such owner or occupier in connection with any offence under this Act, is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises, vessel or aircraft without further name or description.
Inaccuracies in documents, etc.
57.—(1) No misnomer or inaccurate description of any person, premises, building, street, place, vessel or aircraft named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act affects in any way the operation of this Act as respects that person, premises, building, street, place, vessel or aircraft if that person, premises, building, street, place, vessel or aircraft is so designated in the notice, order or document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act are invalid for want of form.
Evidence of analyst
58.—(1) Subject to subsection (3), a certificate of an analyst appointed under section 4(3) (called in this section an analyst’s certificate) —(a)
stating that the analyst has analysed, tested or examined any pesticide, vector repellent or other substance or thing; and
(b)
stating the result of his or her analysis, test or examination,
is admissible in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis, test or examination.
(2) For the purpose of subsection (1), a document purporting to be an analyst’s certificate, when produced by the prosecution, is, unless the contrary is proved, deemed to be such a certificate.
(3) An analyst’s certificate shall not be received in evidence under subsection (1) unless the person charged has, not less than 10 clear days before the proceedings commence, been given —(a)
a copy of the certificate; and
(b)
notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
(4) Where an analyst’s certificate is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate.
(5) The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct, and the production of any document or book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie evidence of the making and validity of the apportionment mentioned therein.
Exemption
59. The Agency may, subject to the general or special directions of the Minister, either permanently or for any period that the Agency thinks fit, exempt any person, premises, vessel or aircraft or any class of persons, premises, vessel or aircraft from any of the provisions of this Act.
Regulations
60.—(1) The Agency may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter required under this Act to be prescribed.
(2) Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations —(a)
prescribing the particulars, information and documents to be provided with any application made under this Act;
(b)
prescribing the form to be used for any purpose under this Act;
(c)
prescribing standards for efficacy and safety of pesticides and vector repellents;
(d)
prescribing the qualifications and other requirements to be met by any person applying to be registered as a vector control operator or licensed as a vector control technician or certified as a vector control worker (called in this section an applicant);
(e)
providing for the examination or testing of an applicant, and prescribing the circumstances in which and conditions on which an applicant may be exempted from the examination or testing;
(f)
prescribing the duties and obligations of registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers;
(g)
providing for the powers and duties of the Director‑General or authorised officers under this Act;
(h)
prohibiting, controlling or regulating the carrying out of any type of vector control work or the use of any type of pesticide for the purpose of vector control;
(i)
regulating the storage of pesticides and vector repellents;
(j)
regulating the disposal of the residues or remnants of any pesticide used in vector control work;
(k)
imposing temporary restrictions upon the use of any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work;
(l)
requiring tests to be carried out on any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work;
(m)
prescribing the manner in which any pesticide or vector repellent is to be contained, packaged or labelled before it is offered for sale or supply;
(n)
prescribing the procedure for the taking and analysis of samples under this Act;
(o)
prescribing the fees to be charged for the purposes of this Act; and
(p)
prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded.
(3) The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence the sum of $10,000 and, in the case of a continuing offence, the sum of $500 for every day or part of a day during which the offence continues after conviction.
(4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Transitional provision
61. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Commissioner of Public Health under any provision of this Act immediately before 1 July 2002 is deemed to have been issued, made, given or approved under the same provision by the Director‑General.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
