Offences by bodies corporate or unincorporate
20. Where an offence under this Act has been committed by any company or association or body of persons, corporate or unincorporate, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer thereof or was purporting to act in that capacity shall be guilty of that offence unless the person satisfies the court that the offence, other than an offence under section 3(3), was committed without the person’s knowledge or consent.[9/2016]
Immunity from liability
21. No liability shall lie against any party to a contract for failing, neglecting or refusing to publish any advertisement relating to any tobacco product or imitation tobacco product, being the subject matter of the contract, where the failure, neglect or refusal is solely attributable to, or occasioned by, the commencement of this Act or any Act amending this Act, but nothing in this section affects the operation of the Frustrated Contracts Act 1959.[9/2016]
Exemption
22.—(1) The Minister may, either generally or in any particular case, and either permanently or for such period or periods as he or she may think fit, exempt by order in the Gazette any person or class of persons, or any premises or type of premises, or any event or occasion or class of event or occasion, or any object or thing or type of object or thing, from all or any of the provisions of this Act.[9/2016]
(2) In granting any exemption under subsection (1), the Minister may impose such conditions as he or she may think fit.
Powers of police and authorised officers
23.—(1) If a police officer or an authorised officer reasonably suspects that a person has committed or is committing an offence under this Act, the officer may do all or any of the following:(a)
require the person to furnish evidence of the person’s identity;
(b)
search any bag or thing belonging to or in the possession of the person;
(c)
require the person to reveal the contents of the person’s pockets, if any;
(d)
arrest the person without warrant.[9/2016]
(2) Any person arrested under subsection (1)(d) must be produced before a Magistrate’s Court or a District Court (called in this section a Court) within 48 hours after the person is arrested.[9/2016]
(3) Despite any other written law, any police officer or authorised officer who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a Court or to a police station, serve upon the person a notice in the form determined under section 32 requiring the person to attend at the Court, at the time and on the date specified in the notice.
(4) A duplicate of the notice served under subsection (3) must be prepared by the police officer or authorised officer (as the case may be) and produced by the police officer or authorised officer to the Court if so required by the Court.
(5) Where an accused person appears before a Court in accordance with a notice served under subsection (3), the Court is to take cognizance of the offence alleged and proceed as though the accused person were produced before it under subsection (2).
(6) If a person upon whom a notice has been served under subsection (3) fails to appear before a Court in accordance with the notice, the Court may issue a warrant for the arrest of that person.
(7) Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a Court, the Court is to proceed as though the person were produced before it under subsection (2).[Act 31 of 2022 wef 01/11/2022]
(8) [Deleted by Act 31 of 2022 wef 01/11/2022]
Power to examine and secure attendance
24.—(1) For the purpose of investigating any offence under this Act, the Chief Executive or any authorised officer may —(a)
examine orally any person who appears to be acquainted with the facts and circumstances of the case (called in this section a relevant person);
(b)
require, by written order, any relevant person to attend before the Chief Executive or an authorised officer to answer any question; or
(c)
require any person —(i)
to furnish in writing any information within the person’s knowledge that the Chief Executive or authorised officer may require; or
(ii)
to produce for inspection any document or record within the person’s possession that the Chief Executive or authorised officer may require.[9/2016]
(2) The person mentioned in subsection (1)(a) or (b) is bound to state truly the facts and circumstances with which he or she is acquainted concerning the case except only that he or she may decline to make with regard to any fact or circumstance a statement which would have a tendency to expose him or her to a criminal charge or to penalty or forfeiture.[9/2016]
(3) The Chief Executive or any authorised officer may reduce to writing any statement made under subsection (1)(a) or (b) by a relevant person, and that statement must be read over to the relevant person, corrected (if necessary) and signed by the relevant person.[9/2016]
(4) Without affecting subsection (5), if any person fails to attend as required by an order under subsection (1)(b), the Chief Executive or any authorised officer may report that failure to a Magistrate who may then issue a warrant to secure the attendance of that person as required by the order.[9/2016]
(5) A person who, without reasonable excuse, fails to comply with any requirement of the Chief Executive or an authorised officer under subsection (1)(b) or (c) 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 6 months or to both.[9/2016]
Power to require tobacco products for testing or analysis and furnishing of information
25.—(1) Any person carrying on a trade or business which consists of or includes the manufacture, distribution, import or sale of any tobacco product or imitation tobacco product must —(a)
supply free of charge to the Chief Executive or an authorised officer samples of any tobacco product or imitation tobacco product as the Chief Executive or authorised officer may require for the purpose of testing, analysis or investigations; and
(b)
furnish to the Chief Executive or authorised officer any information that the Chief Executive or authorised officer may require in respect of those products.
(2) Any person involved or concerned with the import, distribution, sale or supply of any newspaper which is printed or published outside Singapore must furnish to the Chief Executive or an authorised officer any information that the Chief Executive or authorised officer may require in respect of the newspapers.
Power to enter premises and inspect and seize advertisements, products, vending machines and documents
26.—(1) The Chief Executive or an authorised officer may, for an enforcement purpose, do all or any of the following:(a)
inspect at all reasonable hours any advertisement, tobacco product or imitation tobacco product, vending machine, document, material, article or equipment;
(b)
at any time and without warrant enter and search any premises that the Chief Executive or authorised officer reasonably suspects are being used for or in connection with the commission of an offence under this Act;
(c)
at any time and without warrant stop, board and search any conveyance that the Chief Executive or authorised officer reasonably suspects is being used for or in connection with the commission of an offence under this Act;
(d)
require any person carrying on a trade or business or employed in connection with a trade or business to produce, at a reasonable hour, any book, document or material relating to the trade or business and may take copies of, or of any entry in, any such book, document or material;
(e)
seize any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article —(i)
for the purpose of ascertaining, by testing or otherwise, whether an offence under this Act has been committed; or
(ii)
which the Chief Executive or authorised officer has reason to believe may be required as evidence in proceedings for the offence;
(f)
for the purposes of paragraph (e), require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, the Chief Executive or authorised officer may do so himself or herself.[9/2016]
(2) The Chief Executive or an authorised officer may, if he or she has reasonable cause to believe that an offence under section 3(1) has been committed in respect of an unauthorised advertisement —(a)
require the person reasonably suspected of committing the offence to remove the advertisement from the view of members of the public; and
(b)
if the person fails to do so, cause the advertisement to be so removed.[9/2016]
(3) The person mentioned in subsection (2) is liable to pay to the Chief Executive the reasonable costs of removal and disposal of the advertisement which may be recovered as a debt due to the Government.
(4) In the exercise of his or her powers under this section, the Chief Executive or an authorised officer must —(a)
on seizing any advertisement, tobacco product or imitation tobacco product, vending machine, document, material or article, inform the person from whom it was seized of the seizure; and
(b)
in the case of tobacco products seized from a vending machine, inform the person whose name and address are stated on the machine as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.[9/2016]
(5) The Chief Executive or an authorised officer entering any premises by virtue of this section may take with him or her such other persons and such equipment as may appear to him or her necessary.
(6) For the purposes of subsection (1), if any document or material required by the Chief Executive or an authorised officer is kept in electronic form —(a)
the power of the Chief Executive or authorised officer to inspect the document or material includes the power to —(i)
access any computer or other equipment (including a mobile telephone) in which the document or material is stored; and
(ii)
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access;
(b)
the power of the Chief Executive or authorised officer to require the document or material to be produced includes the power to require a copy of the document or material to be produced in legible form; and
(c)
the power of the Chief Executive or authorised officer to seize the document or material includes the power to make copies of the document or material in legible or electronic form, or to transfer the information from the document or material to a disk, tape or other storage device.[9/2016]
(7) If the Chief Executive or authorised officer is unable to make copies of the document or material, or transfer the information from the document or material, under subsection (6)(c), the Chief Executive or authorised officer may —(a)
seize the computer or other equipment (including a mobile telephone) in which the document or material is stored, as evidence in proceedings for an offence under this Act; and
(b)
require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to disclose any password or access code for gaining access to the document or material held in the computer or equipment.[9/2016]
(8) In subsection (1), “enforcement purpose” means —(a)
ensuring that the provisions of this Act and the conditions imposed on any licence are complied with; or
(b)
investigating any offence under this Act.[9/2016]
Obstruction of officers
27.—(1) Any person who —(a)
wilfully obstructs, hinders or impedes the Chief Executive or an authorised officer acting pursuant to this Act;
(b)
wilfully fails to comply with any requirement under section 25 or 26 properly made to the person by the Chief Executive or an authorised officer; or
(c)
without reasonable cause, fails to give the Chief Executive or an authorised officer any other assistance or information which the Chief Executive or authorised officer may reasonably require for the purpose of the performance of the Chief Executive’s or authorised officer’s functions under this Act,
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 12 months or to both.
[9/2016]
(2) If any person, in giving any such information as is mentioned in subsection (1), makes any statement which he or she knows to be false, he or she 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 12 months or to both.
Notice of test and intended prosecution
28. Where any tobacco product or imitation tobacco product seized under this Act is submitted to a test, the Chief Executive must —(a)
if the product is seized, inform the person mentioned in section 26(4) of the result of the test;
(b)
if the product was purchased and the test leads to the institution of proceedings for an offence under this Act, inform the person from whom the product was purchased or, in the case of a product sold through a vending machine, the person mentioned in section 26(4) of the result of the test; and
(c)
if as a result of the test proceedings for an offence under this Act are instituted against any person, allow the person to have the product tested on the person’s behalf if it is reasonably practicable to do so.
Forfeiture
29.—(1) Any thing seized in exercise of any power conferred under this Act is liable to forfeiture.[9/2016]
(2) An order for the forfeiture or for the release of any thing seized in exercise of any power conferred by this Act must be made by the court before which the prosecution with regard thereto has been held.[9/2016]
(3) An order for the forfeiture of the thing seized must be made if it is proved to the satisfaction of the court that —(a)
an offence under this Act has been committed; and
(b)
the thing seized was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.[9/2016]
(4) In the absence of any prosecution with regard to any thing seized in the exercise of any power conferred by this Act, the thing is deemed to be forfeited at the expiry of one month from the date of the seizure unless a claim to the thing is made before then in accordance with subsection (5).[9/2016]
(5) A person asserting that the person is the owner of any thing seized and that the thing is not liable to forfeiture may personally, or by the person’s agent authorised in writing, make a claim by giving written notice to the Chief Executive.[9/2016]
(6) On receipt of the notice, the Chief Executive may direct that the thing seized be released or may refer the matter to a court for decision.[9/2016]
(7) All things forfeited or deemed to be forfeited must be delivered to the Authority or an authorised officer and must be disposed of according to the Chief Executive’s directions.[9/2016]
[Act 19 of 2025 wef 05/12/2025]
Things seized may be delivered to owner or other person
30. The Minister may, upon written application made to him or her through the Chief Executive, order any thing seized in exercise of the powers conferred by this Act, whether forfeited or taken and deemed to be forfeited, to be delivered to the owner or other person entitled to the thing upon such terms and conditions as the Minister may consider fit.[9/2016]
Protection from personal liability
31. No liability shall lie personally against any of the following individuals who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act:(a)
the Chief Executive;
(b)
any police officer;
(c)
any authorised officer;
(d)
any other person acting under the Chief Executive’s direction.[9/2016]
Forms
32. The Chief Executive may design and utilise any forms that he or she thinks fit for any of the purposes of this Act, and may require any person to complete any of the forms for any of those purposes.
Jurisdiction of court
33. Any offence under this Act may be tried by a District Court or a Magistrate’s Court and that Court has, despite any other written law, jurisdiction to impose the maximum penalty provided for by this Act.
Composition of offences
34.—(1) Subject to subsection (4), the Chief Executive or any person authorised by the Chief Executive in writing may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.[9/2019]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.[9/2019]
(3) The Minister may make regulations to prescribe the offences which may be compounded.
(4) Where the person reasonably suspected of having committed an offence under this Act was an under‑aged person at the time of the alleged offence (called the under‑aged offender), the offence may be compounded if the under‑aged offender and the parents or guardian of the under‑aged offender first attend counselling at any place that the Chief Executive may specify.[9/2019]
Fees, charges, etc., collected by Chief Executive or authorised officer
35.—(1) Subject to subsection (2), all fees, charges and other moneys recovered or collected by the Chief Executive or an authorised officer under this Act must be paid to the Authority.[46/2017]
(2) All composition sums collected by the Chief Executive or an authorised officer under section 34 must be paid into the Consolidated Fund.[46/2017]
Public servants
35A.—(1) Each of the following persons is, in relation to that person’s administration, collection and enforcement of payment of composition sums under section 34, taken to be a public officer for the purposes of the Financial Procedure Act 1966:(a)
every member, officer and employee of the Authority;
(b)
every person authorised by the Chief Executive in writing to compound offences under section 34.[46/2017]
(2) Section 20 of the Financial Procedure Act 1966 applies to each of the persons mentioned in subsection (1) even though that person is not or was not in the employment of the Government.[46/2017]
Service of documents
36.—(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section.
(2) A document permitted or required by or under this Act to be served on an individual may be served —(a)
by giving it to the individual personally;
(b)
by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address;
(c)
by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there;
(d)
by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or
(e)
by sending it by email to the individual’s last email address.
(3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served —(a)
by giving it to any partner or other similar officer, or an authorised representative, of the partnership;
(b)
by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or
(c)
by sending it by email to the partnership’s last email address.
(4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —(a)
by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager;
(b)
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or
(c)
by sending it by email to the last email address of the body corporate or unincorporated association.
(5) Service of a document under this section takes effect —(a)
if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or
(b)
if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent.
(6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way.
(7) This section does not apply to documents to be served in proceedings in court.
(8) In this section —“authorised representative”, in relation to a partnership (other than a limited liability partnership), means any person authorised to accept service of documents on behalf of the partnership;
“business address” means —(a)
in the case of an individual, the individual’s usual or last known place of business in Singapore; or
(b)
in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore;
“document” includes a direction, an order or a notice permitted or required by or under this Act to be served;
“last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act;
“residential address” means an individual’s usual or last known place of residence in Singapore.[Act 19 of 2025 wef 05/12/2025]
Regulations
37.—(1) The Minister may make such regulations as appear to him or her necessary or expedient for the purpose of carrying out the provisions of this Act.
(2) Without limiting subsection (1), the Minister may make regulations for or with respect to any of the following matters:(a)
the class or classes of licences to be granted under section 18, the form and duration of the licences, the terms and conditions upon which and the circumstances in which the licences may be granted, held, suspended, cancelled, altered, extended, renewed or replaced and the fees payable in respect of the licences;
(b)
a register to be kept of the licences granted, the particulars to be entered in the register and for the publication of the names of licensees;
(c)
requiring such information or security as the Minister considers necessary in relation to the application for the grant or renewal of a licence;
(d)
prescribing the books, records or accounts to be kept by licensees;
(e)
the requirements under this Act for tobacco products and their packaging or labelling, including —(i)
the requirements as to size, appearance and design of tobacco products and their packaging or labelling;
(ii)
the health warnings and other information to be stated on tobacco products and their packaging or labelling; and
(iii)
the trade marks, terms, descriptors, figurative or other signs, features, scents and sounds that are prohibited in relation to tobacco products and their packaging or labelling.[9/2016; 9/2019]
(3) For the purposes of subsection (2)(e), different requirements or prohibitions may be prescribed for different tobacco products or different types of packaging or labelling of tobacco products.[9/2019]
(4) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette.
Operation of Act not to affect registrability or registration of trade marks
38. Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 —(a)
prevents an applicant for registration of a trade mark from stating, for the purpose of section 5(2)(e)(ii) of the Trade Marks Act 1998, that the applicant has a bona fide intention to use the trade mark in the course of trade, by the applicant or with the applicant’s consent, in relation to any goods or services in respect of which the applicant seeks to register the trade mark;
(b)
prevents the registration of a trade mark under the Trade Marks Act 1998;
(c)
prevents a trade mark mentioned in paragraph (a) of the definition of “earlier trade mark” in section 2(1) of the Trade Marks Act 1998 from being taken into account, for the purpose of section 8(11) of that Act, in determining the registrability of a later mark; or
(d)
is a ground to revoke the registration of a trade mark under section 22 of the Trade Marks Act 1998, or to declare the registration of a trade mark invalid under section 23 of that Act.[9/2019]
Operation of Act not to affect registrability or registration of designs
39.—(1) Nothing in, or done in accordance with, this Act or any regulations made for the purpose of section 17 —(a)
prevents the registration of a design under the Registered Designs Act 2000; or
(b)
is a ground to revoke the registration of a registered design under section 27 of the Registered Designs Act 2000.[9/2019]
(2) In this section, “design” and “registered design” have the meanings given by section 2(1) of the Registered Designs Act 2000.[9/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
