On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 10/08/2010.
PART XII
OFFENCES AND PROSECUTION
58. 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.
59.
—(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 —
“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);
“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 regulations 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.
60. Where a body corporate is convicted of an offence under this Act, the penalty that the court may impose shall be a fine not exceeding 2 times the maximum amount that the court could, but for this section, impose as a fine for that offence.
61. Where an offence under this Act is committed by any person acting as an agent or employee of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.
62.
—(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if the court is satisfied that —
(a)
an offence under this Act has been committed; and
(b)
the item seized was the subject-matter, or was used in the commission, of the offence.
(2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion.
(3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act notwithstanding that no person has been convicted of an offence.
(4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court shall order that the item be released to the owner thereof or the person entitled thereto.
(5) If —
(a)
no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and
(b)
no claim is made for the item under section 49(5)(b),
the item to which the notice relates shall be deemed to be forfeited.
(6) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item shall thereupon be deemed to be forfeited.
(7) Any item forfeited or deemed to be forfeited under this section shall be delivered to the Authority or an officer thereof and shall be disposed of in such manner as the Chief Executive thinks fit.
(8) The costs of the disposal of any item under subsection (7) shall be borne by the owner of that item.
63.
—(1) When any person is convicted of an offence under this Act, the court may order that person to pay the following costs and expenses:
(a)
all expenses incidental to the analysis of any health product or active ingredient in respect of which the conviction is obtained;
(b)
the cost of the purchase of any sample of the health product or active ingredient for analysis; and
(c)
any other reasonable expenses incurred by the prosecution.
(2) If the amount of the costs and expenses is not paid by the person liable to pay those costs and expenses within 14 days after demand, that amount may be reported to a Magistrate’s Court and recovered in the same manner as if it were a fine imposed by a Magistrate’s Court.
64.
—(1) No prosecutor or witness in any prosecution of an offence under this Act shall be compelled to disclose the fact that he received any information or the nature of the information or the name of any person who gave the information.
(2) No officer appearing as a prosecutor or witness in connection with any offence under this Act shall be compelled to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto.
65.
—(1) The Chief Executive or any officer of the Authority authorised in writing in that behalf by the Chief Executive 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 sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3) All sums collected under this section shall be paid into the funds of the Authority.