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Contents  

Long Title

Part I PRELIMINARY

Part II PRINTING PRESSES

Documents

Part III NEWSPAPER COMPANIES

Part IV NEWSPAPERS

Part V GENERAL

Legislative History

Comparative Table

 
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On 23/11/2017, you requested the version in force on 02/08/2013 incorporating all amendments published on or before 02/08/2013. The closest version currently available is that of 02/01/2011.
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PART V
GENERAL
Offences
33.
—(1)  Any person who publishes, sells, offers for sale or distributes or abets the sale, offer for sale or distribution of any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act 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.
(2)  No person shall be convicted of any offence under subsection (1) if he proves that the newspaper in respect of which he is charged was published, sold, offered for sale or distributed, as the case may be, without his authority, consent and knowledge and without any want of due care on his part.
[20/2002]
(3)  Any person who, without lawful excuse, has in his possession, custody or control for the purpose of publication, sale or distribution any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to the penalty prescribed by section 35.
(4)  It shall be presumed until the contrary is proved that any person found in possession, custody or control of any such newspaper had it for the purpose of the publication, sale or distribution thereof.
(5)  Where any person is convicted of any offence under this section, any newspaper to which the proceedings relate shall be forfeited and shall be destroyed or otherwise disposed of as the court directs.
[26
Power to seize and detain illegal newspapers
34.
—(1)  Any —
(a)
officer of a postal licensee not below the rank of postal superintendent;
[34/2007 wef 24/08/2007]
(b)
senior officer of customs; or
[4/2003 wef 01/04/2003]
(c)
police officer not below the rank of Inspector,
may detain, open and examine any package or article which he suspects to contain any newspaper which is being or has been brought into Singapore for the purpose of publication, sale or distribution in contravention of any of the provisions of this Act or of any condition imposed in respect of any permit.
[12/92; 20/2002]
(2)  Any police officer or any officer of customs may seize and detain any newspaper found in the possession of any person which the police officer or the officer of customs has reasonable cause to believe has been printed, published, sold or distributed or is intended to be printed, published, sold or distributed in contravention of the provisions of this Act or of any conditions imposed in respect of any permit.
(3)  Any such newspaper which has been so printed, published, sold or distributed shall, whether or not any person has been convicted of any offence in respect thereof —
(a)
be forfeited by order of a court; and
(b)
be destroyed or otherwise disposed of as the court directs.
(4)  A District Judge or a Magistrate may issue a warrant empowering any police officer not below the rank of sergeant to enter upon and search for any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act in any premises where any such newspaper is known or reasonably suspected to be.
(5)  Where it appears to any police officer not below the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any newspaper the printing, publication, sale or distribution of which is unlawful under any of the provisions of this Act and he has reasonable grounds for believing that by reason of the delay which would be entailed by obtaining a search warrant the object of the search is likely to be frustrated, he may enter and search the premises as if he were empowered to do so by a warrant.
[27
Penalty
35.  Except as otherwise provided in this Act, any person who fails to comply with any of the requirements of this Act shall be guilty of an offence and shall be liable on conviction before a District Court or a Magistrate’s Court to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
[28
[20/2002]
Jurisdiction of court
36.  Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court and a Magistrate’s 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 any offence under this Act.
[28A
[20/2002]
Consent for prosecution
37.  No prosecution shall be instituted under this Act without the consent of the Public Prosecutor.
[29
[15/2010 wef 02/01/2011]
Presumption
38.  For the purpose of any proceedings under this Act, a newspaper shall be presumed, until the contrary is proved, to have been printed or published at the place, if any, at which it is stated in any printing thereon to have been printed or published, as the case may be.
[30
Persons to act for company or firm
39.  For any of the purposes of this Act, a company may act by a director or its secretary, and a firm may act by any of its members.
[31
Search for unlicensed printing presses
40.  Any person authorised by the Minister in that behalf who has reason to believe that any printing press is used or kept for use —
(a)
in any place without a licence granted under this Act; or
(b)
in any place not mentioned in that licence,
may, with such assistance and by such force as may be necessary by night or day, enter into and search any such place and seize any printing press and all the types, documents and other articles found therein.
[32
Search when requirements of this Act not complied with
41.  Any person authorised by the Minister in that behalf who has reason to believe that any of the provisions of this Act is not being complied with by a person who is in possession of a licensed printing press may, with such assistance and by such force as may be necessary by night or day, enter into and search any place where he believes the printing press to be kept and may seize any documents which do not comply with the provisions of this Act.
[33
Composition of offences
42.
—(1)  The Minister or any officer authorised by the Minister may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence —
(a)
a sum of money not exceeding $1,000 in the case of an offence punishable on conviction with a fine not exceeding $5,000 (whether with or without imprisonment); or
(b)
a sum of money not exceeding $5,000 in the case of an offence punishable on conviction with a fine exceeding $5,000 (whether with or without imprisonment).
[20/2002]
(2)  On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
[20/2002]
(3)  The Minister may make rules to prescribe the offences which may be compounded and the method and procedure by which those offences may be compounded under this section.
[33A
[20/2002]
*Payment of fees, etc.
*   Section 43 came into operation on 1st January 2003 [S 640/2002].
43.  All fees, composition fines and other moneys collected under this Act shall be paid to the Media Development Authority of Singapore established under the Media Development Authority of Singapore Act 2002 (Act 34 of 2002).
[33B
[34/2002]
Exemption
44.
—(1)  The Minister may, subject to such terms and conditions as he may impose, by order published in the Gazette —
(a)
exempt any class or description of shares or interests in shares from section 11 or 12 or both; or
(b)
exempt —
(i)
any person or class of persons;
(ii)
any document or class of documents; or
(iii)
any class or description of printing presses,
from all or any of the provisions of this Act.
[34
[20/2002]
(2)  Nothing in this Act shall extend to the impression of any engraving or to the printing of any visiting or business card, bill-head or letter heading.
[35
Rules
45.  The Minister may make rules —
(a)
for fixing the fees to be charged for permits and licences;
(b)
for prescribing the forms for permits and licences to be used under this Act; and
(c)
generally for carrying into effect the provisions of this Act.
[36
[6/77]