Security directive for protected area
49.—(1) The Commissioner may issue a security directive to the authority of a protected area if the authority contravenes section 12(1), (2) or (3)(a).
(2) The security directive may —(a)
direct the authority to take any action or measure specified in the security directive, to secure compliance with any provision mentioned in subsection (1); and
(b)
specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
Security directive for protected place
50.—(1) The Commissioner may issue a security directive to the authority of a protected place if the authority contravenes section 18(1), (2) or (3)(a).
(2) The security directive may —(a)
direct the authority to take any action or measure specified in the security directive, to secure compliance with any provision mentioned in subsection (1); and
(b)
specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
Security directive for security plan of special development or special infrastructure
51.—(1) The Commissioner may issue a security directive to —(a)
the responsible person of a special development if the responsible person contravenes section 35(1); or
(b)
the responsible person of a special infrastructure if the responsible person contravenes section 42(1).
(2) The security directive may —(a)
direct the responsible person to do either or both of the following:(i)
immediately cease any relevant specified works;
(ii)
take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and
(b)
specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
Security directive for implementation of security measures for special development or special infrastructure
52.—(1) The Commissioner may issue a security directive to —(a)
the responsible person of a special development if the responsible person contravenes section 39(1); or
(b)
the responsible person of a special infrastructure if the responsible person contravenes section 40(2)(a), 46(1) or 47(1)(a).
(2) The security directive may —(a)
direct the responsible person to do either or both of the following:(i)
immediately cease any relevant specified works;
(ii)
take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and
(b)
specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
Security directive for maintenance of security measures for special infrastructure
53.—(1) The Commissioner may issue a security directive to the responsible person of a special infrastructure if the responsible person contravenes section 40(2)(b) or 47(1)(b).
(2) The security directive may —(a)
direct the responsible person to take any action or measure specified in the security directive, to secure compliance with the relevant provision mentioned in subsection (1); and
(b)
specify the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
Security directive for special infrastructure against security risk
54.—(1) This section applies where the Commissioner is of the opinion that —(a)
in the case of a special infrastructure with an approved security plan, it is necessary to protect the special infrastructure against any security risk that is not addressed in the approved security plan; and
(b)
in the case of a special infrastructure without any approved security plan, it is necessary to protect the special infrastructure against any security risk.
(2) The Commissioner may issue a security directive to the responsible person of the special infrastructure —(a)
directing the responsible person to implement and maintain any security measure specified in the security directive, in response to that risk; and
(b)
specifying the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
(3) Before issuing the security directive, the Commissioner must, unless the Commissioner considers it not practicable or desirable to do so in any particular case —(a)
give notice of the Commissioner’s intention to do so to the responsible person; and
(b)
give the responsible person 14 days (or any longer or shorter time that the Commissioner may specify in the notice) after the date of the notice to make representations on the proposed security directive.
(4) To avoid doubt, except as provided in this section, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to issue a security directive under subsection (2).
(5) For the purposes of assessing whether a security directive is required for a special infrastructure under this section, the Commissioner may, by written notice, require the responsible person of that special infrastructure to submit a report prepared by a person approved by the Commissioner for that purpose (called in this section the competent person) containing the competent person’s security risk assessment and recommended security measures for that special infrastructure.
(6) Where the implementation of any new security measure under this section involves any specified works, section 42(1) does not apply in respect of those specified works.
Security directive for other premises to mitigate risk of act of terrorism
55.—(1) This section applies to any of the following premises that is not a special development or a special infrastructure:(a)
a protected area;
(b)
a protected place;
(c)
any other premises that is a public place (called in this section public premises).
(2) If the Commissioner is of the opinion that it is necessary to mitigate the risk of an act of terrorism against any protected area, protected place or public premises, the Commissioner may issue a security directive to the authority of that protected area or that protected place or the owner of that public premises (collectively called in this section the responsible person) —(a)
directing the responsible person to implement and maintain any security measure specified in the security directive, in response to that risk; and
(b)
specifying the date on which the security directive is to take effect and the period within which any direction in the security directive must be complied with.
(3) The security measures under subsection (2)(a) must not include any measure for the strengthening of the structural elements of the protected area, protected place or public premises against blast effects.
(4) Where the public premises has more than one owner at any time, each of those persons —(a)
is jointly and severally responsible at that time for discharging the duties of the owner of the public premises under this Act; and
(b)
may jointly and severally exercise at that time the powers of the owner of the public premises under this Act.
(5) Before issuing the security directive, the Commissioner must, unless the Commissioner considers it not practicable or desirable to do so in any particular case —(a)
give notice of the Commissioner’s intention to do so to the responsible person; and
(b)
give the responsible person 14 days (or any longer or shorter time that the Commissioner may specify in the notice) after the date of the notice to make representations on the proposed security directive.
(6) To avoid doubt, except as provided in this section, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to issue a security directive under subsection (2).
Compliance with security directives and notices under this Part
56.—(1) Any person who is issued a security directive under this Part must comply with every direction in that security directive.
(2) Any person who is issued a notice under section 54(5) must comply with that notice.
(3) Any person who contravenes subsection (1) —(a)
in the case of a security directive under section 55, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction; and
(b)
in the case of any other security directive under this Part, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.
(4) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.
(5) In this section —(a)
a reference to the authority of a protected area or a protected place who is issued a security directive includes a reference to a person who becomes the authority of that protected area or that protected place after that security directive is issued;
(b)
a reference to the responsible person of a special development or a special infrastructure who is issued a security directive or a notice includes a reference to a person who becomes the responsible person of that special development or that special infrastructure after that security directive or that notice is issued; and
(c)
a reference to the owner of any premises who is issued a security directive includes a reference to a person who becomes the owner of that premises after that security directive is issued.
Cancellation of security directive
57.—(1) The Commissioner may, at any time, cancel any security directive (or any part of the security directive) issued under this Part.
(2) The cancellation of a security directive (or any part of the security directive) for any premises must be made by way of a written notice to the following persons:(a)
in the case of a protected area or a protected place, the authority of that protected area or that protected place;
(b)
in the case of a special development or a special infrastructure, the responsible person of that special development or that special infrastructure;
(c)
in the case of any other premises, the owner of those premises.
(3) To avoid doubt, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to cancel any security directive (or any part of the security directive).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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