§ 79 — Criteria for grant, etc., of consignment permit

79.—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a consignment permit;

(b)

the conditions to impose on a consignment permit;

(c)

whether to modify any condition of a consignment permit.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

in the case of an import consignment permit, whether the import‑controlled item to be imported is a kind of food that is identified under any inspection scheme regulations as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

whether any regulatory action under section 83 or 84 has been or is being taken or is contemplated against the applicant;

(c)

whether there has been a serious failure or repeated failures by the applicant to comply with —(i)

the conditions of any previous consignment permit granted to the applicant; or

(ii)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(d)

whether it is otherwise not in the public interest of Singapore for the permit to be granted in respect of the consignment which is the subject of the application.

(3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(4) If the owner of a controlled item that is required in a written notice under section 74(2), (3) or (4) to be treated, destroyed or re‑exported fails to comply with the requirement to treat, destroy or re‑export the controlled item, the Agency may refuse to grant a consignment permit in respect of any other controlled item imported or to be imported into Singapore by or on behalf of that owner.

—(1) This section applies where the Agency is deciding any of the following:(a)

whether an applicant should be granted a consignment permit;

(b)

the conditions to impose on a consignment permit;

(c)

whether to modify any condition of a consignment permit.

(2) When making a decision mentioned in subsection (1), the Agency must have regard, and give such weight as the Agency considers appropriate, to all of the following matters:(a)

in the case of an import consignment permit, whether the import‑controlled item to be imported is a kind of food that is identified under any inspection scheme regulations as one that, if imported, must be covered by a recognised foreign government certificate;

(b)

whether any regulatory action under section 83 or 84 has been or is being taken or is contemplated against the applicant;

(c)

whether there has been a serious failure or repeated failures by the applicant to comply with —(i)

the conditions of any previous consignment permit granted to the applicant; or

(ii)

a written notice under section 74(2), (3) or (4) requiring a controlled item to be treated, destroyed or re‑exported;

(d)

whether it is otherwise not in the public interest of Singapore for the permit to be granted in respect of the consignment which is the subject of the application.

(3) To avoid doubt, the Agency is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that may be relevant.

(4) If the owner of a controlled item that is required in a written notice under section 74(2), (3) or (4) to be treated, destroyed or re‑exported fails to comply with the requirement to treat, destroy or re‑export the controlled item, the Agency may refuse to grant a consignment permit in respect of any other controlled item imported or to be imported into Singapore by or on behalf of that owner.