§ 23T — Prohibition against operating return points

23T.—(1) The Agency may, by written order, prohibit any person from operating a return point —(a)

where the person has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the person acted fraudulently or dishonestly; or

(b)

where the Agency is satisfied that the person has —(i)

contravened any provision of this Part; or

(ii)

knowingly claimed the deposit for any beverage container in a case where no such deposit was provided to the scheme licensee concerned.

(2) Before issuing an order under subsection (1), the Agency must —(a)

give the person written notice of its intention to do so; and

(b)

in the notice mentioned in paragraph (a), call upon the person to show cause within the time specified in the notice why the person should not be prohibited from operating a return point.

(3) If the person to whom notice has been given under subsection (2) —(a)

fails to show cause within the time given to the person to do so or within any extended time that the Agency may allow; or

(b)

fails to show sufficient cause,

the Agency must give written notice to the person of the date on which the prohibition is to take effect and, before that date, inform the scheme licensee of the issuance of an order under subsection (1).

(4) A person who is aggrieved by a decision of the Agency under subsection (1) may, within 30 days after the decision of the Agency, appeal to the Minister.

(5) Where the Agency has informed a scheme licensee of the issuance of an order under subsection (1), the scheme licensee must not provide any deposit or pay any fees to, or otherwise deal with, the person who has been issued the order.

(6) A person who fails to comply with an order of the Agency made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(7) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(8) In a prosecution for an offence under subsection (6) or (7), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(9) The offences under subsections (6) and (7) are strict liability offences.[Act 14 of 2023 wef 12/07/2024]

—(1) The Agency may, by written order, prohibit any person from operating a return point —(a)

where the person has been convicted, whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the person acted fraudulently or dishonestly; or

(b)

where the Agency is satisfied that the person has —(i)

contravened any provision of this Part; or

(ii)

knowingly claimed the deposit for any beverage container in a case where no such deposit was provided to the scheme licensee concerned.

(2) Before issuing an order under subsection (1), the Agency must —(a)

give the person written notice of its intention to do so; and

(b)

in the notice mentioned in paragraph (a), call upon the person to show cause within the time specified in the notice why the person should not be prohibited from operating a return point.

(3) If the person to whom notice has been given under subsection (2) —(a)

fails to show cause within the time given to the person to do so or within any extended time that the Agency may allow; or

(b)

fails to show sufficient cause,

the Agency must give written notice to the person of the date on which the prohibition is to take effect and, before that date, inform the scheme licensee of the issuance of an order under subsection (1).

(4) A person who is aggrieved by a decision of the Agency under subsection (1) may, within 30 days after the decision of the Agency, appeal to the Minister.

(5) Where the Agency has informed a scheme licensee of the issuance of an order under subsection (1), the scheme licensee must not provide any deposit or pay any fees to, or otherwise deal with, the person who has been issued the order.

(6) A person who fails to comply with an order of the Agency made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(7) A person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(8) In a prosecution for an offence under subsection (6) or (7), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.

(9) The offences under subsections (6) and (7) are strict liability offences.[Act 14 of 2023 wef 12/07/2024]