On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/07/2007.
PART VI
MISCELLANEOUS PROVISIONS
36.
—(1) Where there occurs, in or about or in connection with —
(a)
any place in which an explosive or explosive precursor is manufactured, possessed or used; or
(b)
any carriage, vessel or aircraft either conveying an explosive or explosive precursor or on or from which an explosive or explosive precursor is being loaded or unloaded,
any accident by explosion or by fire attended with loss of human life, or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, the master of the vessel, the pilot-in-command of the aircraft or the person in charge of the carriage shall immediately give notice thereof to the officer in charge of the nearest police station.
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(2) Any such occupier, master, pilot-in-command or person who fails to give notice as required by subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.
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37.
—(1) Where the Public Prosecutor or a Deputy Public Prosecutor is of the opinion that an inquiry should be held into the nature and cause of any accident of which notice is required to be given under section 36, he may by written order direct any Magistrate or the Port Master to hold an inquiry into the nature and cause of the accident.
(2) A Magistrate or the Port Master holding an inquiry under subsection (1) shall have for the purposes of the inquiry all the powers of a Magistrate’s Court conducting an inquiry under the Criminal Procedure Code 2010 (Act 15 of 2010).
(3) The Magistrate or the Port Master shall on the conclusion of the inquiry forward to the Public Prosecutor or to a Deputy Public Prosecutor a copy of the proceedings and a report in writing —
(a)
as to the nature and cause of the accident; and
(b)
stating whether in his opinion the accident was caused by design or was the result of accident or of negligence stating the full particulars of the case and the reasons for the conclusions he has arrived at.
38. Any person who abets the commission of any offence punishable under this Act, or attempts to commit any such offence, and in the attempt does any act towards the commission of the offence, shall be punished as if he had committed the offence.
39. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
40.
—(1) No prosecution shall be instituted for any offence made punishable by section 9, 10 or 11 except with the written sanction of the Public Prosecutor or a Deputy Public Prosecutor or on the complaint of the Licensing Officer or the Port Master.
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(2) Such sanction shall state under what section or sections the prosecution is instituted, but if, in the course of the trial, it appears necessary to the court to alter, add to or amend any charge, no further or other sanction shall be necessary.
(3) No conviction shall be set aside for the want of any sanction or complaint or for any omission or defect in any sanction or complaint, unless the accused has been prejudiced thereby.
(4) No such sanction shall remain in force unless acted upon within one month from the date upon which it was given.
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41. In the case of a conviction under any provision of this Act involving a fine, the court inflicting the fine may —
(a)
direct, on the application of the Licensing Officer or other person conducting the prosecution, that any part, not exceeding one-half thereof, shall be paid to any person who has given such information to the police as has led to the conviction of the offender or offenders; or
(b)
if there is more than one such person, direct the fine to be divided amongst them in such proportions as the court orders.
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42.
—(1) All articles —
(a)
with regard to which any offence has been committed under this Act or any permit granted thereunder; or
(b)
in respect of which a breach has been committed of any of the restrictions or conditions subject to or upon which any licence has been issued,
may be seized by any police officer and, together with the receptacles containing them, shall be forfeited to the Government on application made by the Licensing Officer.
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(2) All guns, arms, naval or military stores and war material of any kind which are found without an apparent owner may be seized by any police officer, and if, after such notice given as to a Magistrate’s Court seems fit, no owner appears, they shall be forfeited to the Government.
43.
—(1) For the purposes of this Act, a person shall be liable for every act, omission, neglect or default of any agent or servant employed by him and acting within the scope of his employment, as fully and effectually as if that act, omission, neglect or default were done or committed by the person.
(2) Nothing in this section shall affect the liability of the agent or servant.
(3) The liability of the employer shall not extend to imprisonment other than imprisonment in default of payment of a fine unless he is privy to the offence.
44. Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $1,000.
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44A.
—(1) Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —
“officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
44B. The Minister may, by order published in the Gazette, exempt any person or premises, or any class or description of persons or premises, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
45. The Minster may, by order published in the Gazette, amend the First or Second Schedule.
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46.
—(1) The Minister may make rules for any of the following purposes:
(a)
to regulate the possession of guns or arms;
(b)
to regulate the importation and transport of guns or arms;
(c)
to regulate the exportation of guns, arms or naval or military stores;
(d)
to regulate the manufacture and dealing in guns or arms, and the purchase of arms;
(e)
to regulate the landing and transhipping of guns or arms;
(f)
to provide for the marking of guns or arms for the possession of which a licence is issued;
(g)
to regulate or prohibit, except under or in accordance with the conditions of a licence, the manufacture, possession, use, sale, purchase, storage, transport, importation and exportation of explosives or any specified class of explosives;
(ga)
to regulate or prohibit, except under or in accordance with the conditions of a licence, the manufacture, dealing in, use, storage, transportation, importation, exportation, possession and purchase of explosive precursors;
(h)
to regulate or prohibit except under and in accordance with the conditions of a licence, the manufacture, possession, use, sale, purchase, storage, transport, importation and exportation of poisonous or noxious gases or noxious substances or any specified class of poisonous or noxious gases or noxious substances;
(i)
to regulate the tests to which various classes or any particular class of explosive may or shall be subjected before permission is granted to land the same in Singapore;
(j)
to regulate the duties of the Port Master under this Act or of the Licensing Officer or of any other officer vested with powers under this Act;
(k)
to declare what duties may be carried out by subordinate police officers under the direction and control of the Licensing Officer, and to regulate the conduct of such duties;
(l)
to regulate the manner in which applications for licences shall be made, and the matters to be specified in them;
(m)
to regulate the form in which, and the conditions on and subject to which, licences shall be issued, the matters to be specified in licences, and the issue of licences generally;
(n)
to regulate the period for which licences are to remain in force;
(o)
to fix the fees to be charged for any licence issuable under this Act and the other sums, if any, to be paid for expenses by applicants for licences;
(p)
to fix the fees to be paid for the use of Government magazines or any portion thereof;
(q)
to direct by whom and in what manner fees payable under this Act shall be collected and accounted for;
(r)
to authorise any officer, either by name or office —
(i)
to enter, inspect and examine any place, carriage, vessel or aircraft in which an explosive or explosive precursor is being manufactured, possessed, stored or kept, used, dealt in, transported, imported or exported under a licence issued under this Act, or in which he has reason to believe that an explosive or explosive precursor has been or is being manufactured, possessed, stored or kept, used, dealt in, transported, imported or exported in contravention of this Act;
(ii)
to search for explosives or explosive precursors therein;
(iii)
to take samples of any explosive or explosive precursor found therein, on payment of their value;
(iv)
to seize, detain, remove and, if necessary, destroy any explosive or explosive precursor found therein; and
(v)
to arrest without warrant and to search any person whom he reasonably believes to have committed an offence under any rules made under this Act;
(s)
to regulate the disposition, destruction or sale of all articles forfeited under this Act;
(t)
to regulate the possession and use of arms by schools and clubs for sporting activities and to exempt any school or club from the requirement for a licence under this Act, subject to such conditions as may be prescribed; and
(u)
generally to give effect to the provisions of this Act.
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(2) The Minister may, in making any rules —
(a)
provide that a contravention of any specified provision thereof shall be an offence; and
(b)
provide for penalties not exceeding a fine of $100,000 or imprisonment for a term not exceeding 2 years or both for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $10,000 for every day or part thereof during which the offence continues.
(3) No such rules shall affect the dealing with explosives within any dockyard, arsenal, fort, military cantonment or other place for keeping ordnance or naval or military or air force stores occupied, used, controlled or managed by the Government or the government of any other country for defence purposes in Singapore.
(4) All rules made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication.