§ 319 — Act binds Government

319.—(1) This Act binds the Government and applies in relation to every regulated activity undertaken by the Government for the service of the Government, with the modifications, and subject to the restrictions, specified in rules made by the Minister under subsection (3).(2) For the purposes of this Act, every activity undertaken by the Government or any part thereof is treated as being made in the course of a business.

(3) The Minister may make rules in the Gazette prescribing such modifications or restrictions of any provision of this Act in its application to any regulated activity undertaken by any part of the Government for the service of the Government, as the Minister may consider necessary or expedient —(a)

in the interest of ensuring the efficiency or effectiveness of policies, programme management or service planning and delivery by that part of the Government; or

(b)

in the public interest of Singapore.

(4) However, nothing in this Act —(a)

renders the Government liable to prosecution for an offence under this Act; or

(b)

prevents a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer from exercising his or her powers or carrying out his or her duties under this Act.

(5) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is employed or engaged to provide services to the Government.

(6) For the purposes of this section —“part of the Government” includes a department, a Ministry or an Organ of State;

“regulated activity” means any of the following:(a)

the import, export or transhipment of any controlled item;

(b)

the undertaking of any primary production activity;

(c)

the carrying on of a food business;

(d)

the supply of food, or the handling of food intended for supply;

(e)

the production of animal feed;

(f)

the provision of non-packaged drinking water;

“undertaken”, by the Government or any part of the Government, includes undertaken by any person under the direction and control of the Government or part of the Government.

—(1) This Act binds the Government and applies in relation to every regulated activity undertaken by the Government for the service of the Government, with the modifications, and subject to the restrictions, specified in rules made by the Minister under subsection (3).

(2) For the purposes of this Act, every activity undertaken by the Government or any part thereof is treated as being made in the course of a business.

(3) The Minister may make rules in the Gazette prescribing such modifications or restrictions of any provision of this Act in its application to any regulated activity undertaken by any part of the Government for the service of the Government, as the Minister may consider necessary or expedient —(a)

in the interest of ensuring the efficiency or effectiveness of policies, programme management or service planning and delivery by that part of the Government; or

(b)

in the public interest of Singapore.

(4) However, nothing in this Act —(a)

renders the Government liable to prosecution for an offence under this Act; or

(b)

prevents a food security officer, an authorised officer, a food inspector, a Part 9 enforcement officer or an outsourced enforcement officer from exercising his or her powers or carrying out his or her duties under this Act.

(5) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is employed or engaged to provide services to the Government.

(6) For the purposes of this section —“part of the Government” includes a department, a Ministry or an Organ of State;

“regulated activity” means any of the following:(a)

the import, export or transhipment of any controlled item;

(b)

the undertaking of any primary production activity;

(c)

the carrying on of a food business;

(d)

the supply of food, or the handling of food intended for supply;

(e)

the production of animal feed;

(f)

the provision of non-packaged drinking water;

“undertaken”, by the Government or any part of the Government, includes undertaken by any person under the direction and control of the Government or part of the Government.