§ 256 — Forging inspection advice, certificates, etc.

256.—(1) A person must not forge, or apply, knowing it to be forged, a document of the kind mentioned in subsection (2).(2) A document to which subsection (1) applies is any of the following:(a)

an inspection advice;

(b)

a recognised foreign government certificate;

(c)

an FSSA authorisation;

(d)

a registration mark for a plant pesticide;

(e)

an authorised analyst’s certificate issued under section 288.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4) For the purposes of this section, a person is taken to have forged a document if the person —(a)

makes a document which is false, knowing it to be false; or

(b)

without authority, alters a genuine document in a material particular,

with intent that —

(c)

the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

(d)

another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Singapore or elsewhere.

(5) For the purposes of this section, if a person —(a)

makes a document which is false, knowing it to be false;

(b)

without authority, alters a genuine document in a material particular; or

(c)

with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine —(i)

to the prejudice of another person; or

(ii)

with the result that another person would be induced to do or refrain from doing an act, whether in Singapore or elsewhere,

the firstmentioned person is taken to have forged the document.

(6) For the purposes of this section, a person is taken to apply a forged document if the person —(a)

uses or deals with it;

(b)

attempts to use or deal with it; or

(c)

attempts to induce another person to use, deal with, act upon, or accept it.

(7) In subsection (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

—(1) A person must not forge, or apply, knowing it to be forged, a document of the kind mentioned in subsection (2).

(2) A document to which subsection (1) applies is any of the following:(a)

an inspection advice;

(b)

a recognised foreign government certificate;

(c)

an FSSA authorisation;

(d)

a registration mark for a plant pesticide;

(e)

an authorised analyst’s certificate issued under section 288.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(4) For the purposes of this section, a person is taken to have forged a document if the person —(a)

makes a document which is false, knowing it to be false; or

(b)

without authority, alters a genuine document in a material particular,

with intent that —

(c)

the false or altered document may be used, acted on, or accepted, as genuine, to the prejudice of another person; or

(d)

another person may, in the belief that it is genuine, be induced to do or refrain from doing an act, whether in Singapore or elsewhere.

(5) For the purposes of this section, if a person —(a)

makes a document which is false, knowing it to be false;

(b)

without authority, alters a genuine document in a material particular; or

(c)

with intent that a computer, a machine or other device should respond to the false or altered document as if it were genuine —(i)

to the prejudice of another person; or

(ii)

with the result that another person would be induced to do or refrain from doing an act, whether in Singapore or elsewhere,

the firstmentioned person is taken to have forged the document.

(6) For the purposes of this section, a person is taken to apply a forged document if the person —(a)

uses or deals with it;

(b)

attempts to use or deal with it; or

(c)

attempts to induce another person to use, deal with, act upon, or accept it.

(7) In subsection (3), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).