Section 1
Short title
This Act is the Infectious Diseases Act 1976.
/akn/sg/act/act/1976/IDA
Infectious Diseases Act 1976
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Part 1
PRELIMINARY
Section 2
Interpretation
Amended [10/2008; 5/2019; 11/2019]
In this Act, unless the context otherwise requires —“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;“appropriate Minister” means —
(a)
in the following cases, the Minister charged with the responsibility for health and sanitary measures in relation to vessels, aircraft, vehicles and persons entering or leaving Singapore:
(i)
the establishment of any advisory committee under section 5 for the purpose of giving advice to the Director‑General or the Director‑General, Food Administration;
(ii)
any purpose relating to sections 28, 29 and 33 to 45, including the making of subsidiary legislation in relation to any of those sections; or(b)in any other case, the Minister charged with the responsibility for regulation of diseases and disease control;“baggage” means the personal effects of a traveller or of a crew member of a vessel;“Board” means the Health Promotion Board established under the Health Promotion Board Act 2001;“building” means any house, hut, shed or roofed enclosure, whether intended for the purpose of human habitation or otherwise, and any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge;“carrier”, in relation to any infectious disease, means any person who is harbouring or is likely to or is suspected to harbour the agents of that disease;“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;“contact tracing measure” means any measure to facilitate the tracing of contacts of an infectious disease;“crew” includes any person who is on board a vessel not for the sole purpose of travelling from one place to another but who is employed in the vessel’s service or in connection with its cargo;“dangerous infectious disease” means any of the diseases set out in the Second Schedule;“Director” means the Director of Medical Services and includes a Deputy Director of Medical Services;“Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987;“Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973;“Health Officer” means a Health Officer appointed by the Director‑General, the Director‑General, Food Administration or the Director under section 4;“HIV Infection” means Human Immunodeficiency Virus Infection;“individually-identifiable”, when used to describe information or samples pertaining to a person, means that the identity of that person can be readily discovered or ascertained from that information or sample;“infected” means infected with the micro‑organism or agent of an infectious disease;“infectious disease” means —
(a)
any of the diseases specified in the First Schedule; and(b)for the purposes of sections 7, 8, 9, 10, 13, 14, 15, 16, 17, 17A, 19, 55, 57A and 59A, includes any other disease —
(i)
that is caused or is suspected to be caused by a micro‑organism or any agent of disease;
(ii)
that is capable or is suspected to be capable of transmission by any means to human beings; and(iii)that, the Director has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;“isolation”, in relation to a person or group of persons, means the separation of that person or group of persons from any other persons, other than —
(a)
the health staff in charge of the care and isolation of that person or group of persons; and(b)such other persons as the Director or the Director‑General (as the case may be) may allow;“master”, in relation to a vessel, means the person for the time being in charge or command of the vessel;“medical examination” includes the carrying out by a person (called the examiner) of any of the measures mentioned in paragraphs (a) to (f), with a view to ascertaining a person’s state of health, whether or not the examiner is present with the person being examined:
(a)
physical examination of the person;
(b)
obtaining the person’s bodily samples;
(c)
obtaining images of, or measuring, the person’s physiology;
(d)
measuring or monitoring the person’s physiological signs;
(e)
obtaining the clinical history of the person;
(f)
a measure to facilitate the carrying out of anything in paragraphs (a) to (e);“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;“minor” means a person who is below 21 years of age;“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;“occupier”, in relation to any premises or vessel, means the person in occupation of the premises or vessel or having the charge or control thereof either on the person’s own account or as an agent of another person;“owner”, in relation to any premises or vessel, means the person for the time being receiving the rent of the premises or vessel whether on the person’s own account or as agent, trustee or receiver or who would receive the same if the premises or the vessel were let or chartered;“port” means any place in Singapore and any navigable river or channel leading into such place declared to be a port under the Maritime and Port Authority of Singapore Act 1996 and includes an airport;“Port Health Officer” means any Health Officer in charge of a port and includes his or her deputies and assistants;“pratique”, in relation to a vessel, means the written permission granted by a Port Health Officer to the vessel to disembark and commence operation;“premises” means messuages, buildings, lands, easements and hereditaments of any tenure whether open or enclosed, whether public or private and whether maintained or not under statutory authority, and includes any place or structure or any part thereof used or intended to be used for human habitation or for employment or any other purpose;“public place” means any place or premises to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and includes any place or premises used by the public or a section of the public for educational or recreational purposes or for assemblage;“quarantine” means the compulsory detention in isolation for the purpose and under the provisions of this Act of any ships, persons, goods, things, animals or plants;“quarantine anchorage” means any area of the port which has been appointed for the time being for the quarantine of vessels and declared to be a quarantine anchorage by the Maritime and Port Authority of Singapore;“quarantine station” means any island, building or place where quarantine is carried out;“surveillance” means subjecting a person or persons to medical examinations or observations carried out over a period of time (whether or not continuously) and includes carrying out any measures to facilitate those medical examinations or observations;“vessel” means any ship, boat, aircraft or a vessel of any description used in navigation by sea or air.
Definition
“Agency” means the National Environment Agency established under the National Environment Agency Act 2002;
Definition
“appropriate Minister” means —
(a)
in the following cases, the Minister charged with the responsibility for health and sanitary measures in relation to vessels, aircraft, vehicles and persons entering or leaving Singapore:
(i)
the establishment of any advisory committee under section 5 for the purpose of giving advice to the Director‑General or the Director‑General, Food Administration;
(ii)
any purpose relating to sections 28, 29 and 33 to 45, including the making of subsidiary legislation in relation to any of those sections; or(b)in any other case, the Minister charged with the responsibility for regulation of diseases and disease control;
Definition
“baggage” means the personal effects of a traveller or of a crew member of a vessel;
Definition
“Board” means the Health Promotion Board established under the Health Promotion Board Act 2001;
Definition
“building” means any house, hut, shed or roofed enclosure, whether intended for the purpose of human habitation or otherwise, and any wall, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge;
Definition
“carrier”, in relation to any infectious disease, means any person who is harbouring or is likely to or is suspected to harbour the agents of that disease;
Definition
“contact”, in relation to any infectious disease, means any person who has been exposed to the risk of infection from that disease;
Definition
“contact tracing measure” means any measure to facilitate the tracing of contacts of an infectious disease;
Definition
“crew” includes any person who is on board a vessel not for the sole purpose of travelling from one place to another but who is employed in the vessel’s service or in connection with its cargo;
Definition
“dangerous infectious disease” means any of the diseases set out in the Second Schedule;
Definition
“Director” means the Director of Medical Services and includes a Deputy Director of Medical Services;
Definition
“Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987;
Definition
“Director-General, Food Administration” means the Director‑General, Food Administration appointed under section 3(1) of the Sale of Food Act 1973;
Definition
“Health Officer” means a Health Officer appointed by the Director‑General, the Director‑General, Food Administration or the Director under section 4;
Definition
“individually-identifiable”, when used to describe information or samples pertaining to a person, means that the identity of that person can be readily discovered or ascertained from that information or sample;
Definition
“infected” means infected with the micro‑organism or agent of an infectious disease;
Definition
“infectious disease” means —
(a)
any of the diseases specified in the First Schedule; and(b)for the purposes of sections 7, 8, 9, 10, 13, 14, 15, 16, 17, 17A, 19, 55, 57A and 59A, includes any other disease —
(i)
that is caused or is suspected to be caused by a micro‑organism or any agent of disease;
(ii)
that is capable or is suspected to be capable of transmission by any means to human beings; and(iii)that, the Director has reason to believe, if left uninvestigated or unchecked, is likely to result in an epidemic of the disease;
Definition
“isolation”, in relation to a person or group of persons, means the separation of that person or group of persons from any other persons, other than —
(a)
the health staff in charge of the care and isolation of that person or group of persons; and(b)such other persons as the Director or the Director‑General (as the case may be) may allow;
Definition
“master”, in relation to a vessel, means the person for the time being in charge or command of the vessel;
Definition
“medical examination” includes the carrying out by a person (called the examiner) of any of the measures mentioned in paragraphs (a) to (f), with a view to ascertaining a person’s state of health, whether or not the examiner is present with the person being examined:
(a)
physical examination of the person;
(b)
obtaining the person’s bodily samples;
(c)
obtaining images of, or measuring, the person’s physiology;
(d)
measuring or monitoring the person’s physiological signs;
(e)
obtaining the clinical history of the person;
(f)
a measure to facilitate the carrying out of anything in paragraphs (a) to (e);
Definition
“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act 1997;
Definition
“nurse” means a registered nurse or enrolled nurse within the meaning of the Nurses and Midwives Act 1999;
Definition
“occupier”, in relation to any premises or vessel, means the person in occupation of the premises or vessel or having the charge or control thereof either on the person’s own account or as an agent of another person;
Definition
“owner”, in relation to any premises or vessel, means the person for the time being receiving the rent of the premises or vessel whether on the person’s own account or as agent, trustee or receiver or who would receive the same if the premises or the vessel were let or chartered;
Definition
“port” means any place in Singapore and any navigable river or channel leading into such place declared to be a port under the Maritime and Port Authority of Singapore Act 1996 and includes an airport;
Definition
“Port Health Officer” means any Health Officer in charge of a port and includes his or her deputies and assistants;
Definition
“pratique”, in relation to a vessel, means the written permission granted by a Port Health Officer to the vessel to disembark and commence operation;
Definition
“premises” means messuages, buildings, lands, easements and hereditaments of any tenure whether open or enclosed, whether public or private and whether maintained or not under statutory authority, and includes any place or structure or any part thereof used or intended to be used for human habitation or for employment or any other purpose;
Definition
“public place” means any place or premises to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, and includes any place or premises used by the public or a section of the public for educational or recreational purposes or for assemblage;
Definition
“quarantine” means the compulsory detention in isolation for the purpose and under the provisions of this Act of any ships, persons, goods, things, animals or plants;
Definition
“quarantine anchorage” means any area of the port which has been appointed for the time being for the quarantine of vessels and declared to be a quarantine anchorage by the Maritime and Port Authority of Singapore;
Definition
“quarantine station” means any island, building or place where quarantine is carried out;
Definition
“surveillance” means subjecting a person or persons to medical examinations or observations carried out over a period of time (whether or not continuously) and includes carrying out any measures to facilitate those medical examinations or observations;
Definition
“vessel” means any ship, boat, aircraft or a vessel of any description used in navigation by sea or air.
Amended [10/2008; 5/2019; 11/2019]
Part 2
ADMINISTRATION
Section 3
Administration of this Act
Amended [5/2019]Amended [5/2019; 11/2019]Amended [11/2019]Amended [11/2019]Amended [5/2019]
(1)
Except as otherwise provided by this Act, the Director is, subject to any general or special directions of the appropriate Minister, responsible for the administration of Parts 3, 4, 6 and 7A and sections 26, 27, 31, 32, 45A and 45B.
Amended [5/2019]
(2)
Except as otherwise provided by this Act, the Director‑General and the Director‑General, Food Administration are, subject to any general or special directions of the appropriate Minister, responsible for the administration of Part 5, except sections 26, 27, 31, 32, 45A and 45B.
Amended [5/2019; 11/2019]
(3)
The appropriate Minister may, by notification in the Gazette, direct that the powers conferred on the Director under Part 3 be exercised by the Director‑General or the Director‑General, Food Administration in relation to the matters specified in the notifications.
Amended [11/2019]
(4)
For the purposes of exercising the powers under Part 3 in relation to matters mentioned in subsection (3), any reference to the Director in that Part is a reference to the Director‑General or the Director‑General, Food Administration, as the case may be.
Amended [11/2019]
(5)
To avoid doubt, Part 5 does not prevent the exercise of any power conferred by another Part in relation to any vessel, person or article to which Part 5 applies.
Amended [5/2019]
Section 4
Health Officers
Amended [10/2008; 11/2019]Amended [10/2008; 11/2019]
(1)
The Director-General, the Director‑General, Food Administration or the Director may, subject to such conditions or restrictions as he or she thinks fit, appoint any —
(a)
public officer;
(b)
officer of any statutory body; or(c)employee of a prescribed institution,to be a Health Officer for the purposes of this Act or any particular provision of this Act.
Amended [10/2008; 11/2019]
(2)
The Director-General, the Director‑General, Food Administration or the Director may, subject to such conditions or restrictions as he or she thinks fit, delegate to any Health Officer all or any of the powers conferred on him or her by this Act.
Amended [10/2008; 11/2019]
Section 5
Advisory committees
Amended [5/2019; 11/2019]
The appropriate Minister may establish one or more advisory committees consisting of such members as he or she may appoint for the purpose of giving advice to the Director‑General, the Director‑General, Food Administration or the Director (as the case may be) with regard to such matters arising out of the administration of this Act as are referred to them by the appropriate Minister.
Part 3
CONTROL OF INFECTIOUS DISEASES WITHIN SINGAPORE
Section 6
Notification of prescribed infectious diseases
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
Every medical practitioner who has reason to believe or suspect that any person attended or treated by the medical practitioner is suffering from a prescribed infectious disease or is a carrier of that disease must notify the Director within the prescribed time and in such form or manner as the Director may require.
Amended [5/2019]
(2)
Every person in charge of a laboratory used for the diagnosis of disease who becomes aware of the existence of a prescribed infectious disease in the course of his or her work must notify the Director within the prescribed time and in such form or manner as the Director may require.
Amended [5/2019]
(3)
A person in a prescribed class, who is aware or suspects that —
(a)
another person is suffering from, or is a carrier of, a prescribed infectious disease; or(b)another person has died while suffering from, or being a carrier of, a prescribed infectious disease,must notify the Director, within the prescribed time and in such form or manner as the Director may require, of the fact in paragraph (a) or (b), as the case may be.
Amended [5/2019]
(4)
Any person who is required to notify the Director under this section must give any other particulars required by the Director insofar as they can be reasonably ascertained by the person or are within the person’s knowledge.
(5)
Any person who fails to comply with the requirements of this section or provides as true information which the person knows or has reason to believe to be false shall be guilty of an offence.
(6)
Any person who is charged with failing to comply with the requirements of subsection (1), (2) or (3) in relation to the notification of a prescribed infectious disease is presumed to have known of the existence of the disease unless the person proves to the satisfaction of the court that the person had no such knowledge and could not with reasonable diligence have obtained such knowledge.
Amended [5/2019]
Section 7
Public health surveillance programmes, etc.
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]
(1)
The Director may, from time to time, institute public health surveillance programmes or undertake epidemiological investigations or surveys of people, animals or vectors in order to determine the existence, prevalence or incidence, or to determine the likelihood of a possible outbreak, of —
(a)
any infectious disease; or(b)any other disease which the appropriate Minister, by notification in the Gazette, declares to be a disease to which this section applies.
Amended [10/2008; 5/2019]
(2)
For the purpose of any public health surveillance programme, epidemiological investigation or survey under subsection (1), the Director may require any person —
(a)
to provide the Director, within or at the times and in the form or manner the Director specifies, with any of the following where the Director requires:
(i)
any information (known to the person at those times);
(ii)
any sample of any substance or matter in the possession or control of that person at those times, whether obtained under this Act or otherwise; and(b)to submit to a medical examination at the times the Director specifies.
Amended [10/2008; 5/2019]
(3)
If a person who is required by the Director under subsection (2) to furnish the Director with any information or sample, or to submit to any medical examination, fails to do so, without reasonable excuse, the person shall be guilty of an offence.
Amended [10/2008]
(4)
The Director may send any sample obtained under subsection (2)(a)(ii) for such test, examination or analysis as the Director may consider necessary or expedient.
Amended [10/2008]
Section 8
Medical examination and treatment
Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
The Director may require any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to submit to medical examination or medical treatment within or at such time, and at such place, as the Director may determine.
Amended [10/2008]
(2)
For the purpose of subsection (1), the medical examination may include X‑rays and the taking of the person’s blood and other body samples for testing and analysis.
Amended [10/2008]
(3)
Where the person who is, or is suspected to be, a case or carrier or contact of an infectious disease is a minor, the Director may require the parent or guardian of the minor to have the minor medically examined or treated at such times and at such hospital or other place as the Director may determine.
Amended [10/2008]
(4)
Any person who, without reasonable excuse, fails to comply with the requirement of the Director under this section shall be guilty of an offence.
Amended [10/2008]
Section 9
Post-mortem examination
Amended [5/2019]
Where any person has died while being, or suspected of being, a case or carrier or contact of an infectious disease, the Director may order a post‑mortem examination of the body of that person for the purpose of —
(a)
determining the cause or circumstances of the death of that person; or(b)investigating into any outbreak or suspected outbreak of, or preventing the spread or possible outbreak of, that disease.
Section 10
Director may require information from healthcare professionals, etc.
Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
The Director may, for the purpose of investigating into any outbreak or suspected outbreak of an infectious disease, preventing the spread or possible outbreak of an infectious disease, or treating any person who is, or is suspected to be, a case or carrier or contact of an infectious disease —
(a)
require any healthcare professional to obtain from his or her patient such information as the Director may reasonably require for that purpose and transmit that information to the Director; and(b)with the approval of the appropriate Minister, prescribe by order any general or specific measures or procedures for that purpose for compliance by any healthcare professional, hospital, medical clinic, clinical laboratory or healthcare establishment.
Amended [10/2008; 5/2019]
(2)
Any person who fails to comply with a requirement or an order referred to in subsection (1) shall be guilty of an offence.
(3)
A patient of a healthcare professional who fails to provide the healthcare professional or a person acting on behalf of the healthcare professional with any information sought from the patient that is within the patient’s knowledge pursuant to a requirement under subsection (1)(a) shall be guilty of an offence.
Amended [10/2008]
(4)
A healthcare professional must comply with a requirement under subsection (1)(a) to transmit information to the Director despite any restriction on the disclosure of information imposed by any written law, rule of law, rule of professional conduct or contract; and the healthcare professional is not by so doing treated as being in breach of any such restriction despite anything to the contrary in that law, rule or contract.
Amended [10/2008]
Definition
“clinical laboratory”, “healthcare establishment” and “medical clinic” have the meanings given by the Private Hospitals and Medical Clinics Act 1980;
Definition
“healthcare professional” means —
(a)
a medical practitioner;
(b)
a dentist registered under the Dental Registration Act 1999;
(c)
a registered nurse or an enrolled nurse, or a registered midwife, within the meaning of the Nurses and Midwives Act 1999;
(d)
a pharmacist registered under the Pharmacists Registration Act 2007;
(e)
a person registered under section 14 of the Traditional Chinese Medicine Practitioners Act 2000 for the carrying out of any practice of traditional Chinese medicine prescribed under that Act; or(f)any other person providing any other healthcare service in Singapore.
Amended [10/2008]
Section 11
Offence for supplying false or misleading information
(1)
Any person who —
(a)
donates any blood or blood product at any blood bank or hospital in Singapore for any use or purpose; and(b)directly in connection with such donation of blood or blood product, supplies any material information which the person knows to be false or misleading,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
(2)
In this section, “material information” means any information directly relating to the likelihood of transmission of an infectious disease by the use of any blood or blood product.
Section 12
Treatment of premises or vessel
Amended [5/2019]Amended [10/2008]
(1)
The Director may, by written notice, require the owner or occupier of any premises or vessel to cleanse or disinfect it in the manner and within the time specified in the notice.
Amended [5/2019]
(2)
Any owner or occupier who fails to comply with the requirements of the notice served under subsection (1) shall be guilty of an offence.
(3)
Without affecting any proceedings under subsection (2), where a notice issued by the Director under subsection (1) has not been complied with, a person authorised in that behalf by the Director may, without warrant and with such force as may be necessary, enter the premises or vessel to which the notice relates and take or cause to be taken the measures specified in the notice.
Amended [10/2008]
(4)
The cost and expenses incurred by the Director under subsection (3) must be paid by the person in default and may be recovered as a debt due to the Government.
Section 13
Destruction and disposal of infected animals, food and water
Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
The Director may order the destruction of any animal and the disposal of any food or water wherever found if the Director considers the animal, food or water to be a source for the transmission of an infectious disease.
Amended [10/2008]
(2)
Any person who fails to comply with an order made by the Director under subsection (1) shall be guilty of an offence.
Amended [10/2008]
(3)
Without affecting any proceedings under subsection (2), where an order made by the Director under subsection (1) has not been complied with, the Director, a Health Officer or a police officer may —
(a)
without warrant and with such force as may be necessary, enter the premises where the animal, food or water (as the case may be) is to be found; and(b)take or cause to be taken the measures specified in the order for the destruction of the animal or the disposal of the food or water.
Amended [10/2008]
(4)
The costs and expenses incurred by the Director or a Health Officer under subsection (3) must be paid by the person in default and may be recovered as a debt due to the Government.
Amended [10/2008]
Section 14
Wakes and disposal of corpses
(1)
Where any person has died while being, or suspected of being, a case or carrier or contact of an infectious disease, the Director may by order —
(a)
prohibit the conduct of a wake over the body of that person or impose any conditions that the Director thinks fit on the conduct of such wake; or(b)impose any conditions that the Director thinks fit for the collection, removal and disposal of the body of that person.
(2)
If any person contravenes any order under subsection (1) —
(a)
that person shall be guilty of an offence; and(b)any Health Officer may take such steps as may be necessary to ensure that the order is complied with, including entering any premises at any time without warrant and with such force as may be necessary to collect, remove and dispose of the body of the deceased person.
(3)
Any costs and expenses incurred by a Health Officer under subsection (2)(b) must be borne by the person in default and may be recovered as a debt due to the Government.
Section 15
Isolation of certain persons
Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
The Director may order any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to be detained and isolated in a hospital or other place for such period of time and subject to such conditions as the Director may determine.
(2)
The Director may order any person who is, or is suspected or continues to be suspected to be, a case or carrier or contact of an infectious disease, or who has recently recovered from or been treated for such disease, to remain and to be isolated and (if necessary) be treated, in the person’s own dwelling place —
(a)
for such period of time as may be necessary for the protection of the public; and(b)subject to such conditions as the Director may consider necessary for this purpose.
(3)
Where the person who is to be isolated under subsection (1) or (2) is a minor, the Director may order the parent or guardian of the minor —
(a)
to take the minor, within the time specified in the order, to the place in which the minor is to be isolated; or(b)to ensure that the minor remains in isolation in the minor’s own dwelling place,for such period of time and subject to such conditions as may be specified by the Director.
Amended [10/2008]
(4)
Any person against whom an order under subsection (1) or (2) is made shall be guilty of an offence if the person —
(a)
without reasonable excuse, fails to proceed to the place in which the person is to be isolated within the time specified in the order;
(b)
without the permission of the Director, leaves or attempts to leave the place in which the person is being isolated; or(c)without reasonable excuse, fails to comply with any condition to which the person is subject.
Amended [10/2008]
(5)
Any person, being the parent or guardian of a minor, who, without reasonable excuse, fails to comply with an order of the Director under subsection (3) shall be guilty of an offence.
Amended [10/2008]
Section 16
Surveillance
Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
The Director may order any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to undergo surveillance for such period of time and subject to such conditions as the Director thinks fit.
(2)
Where the person who is to undergo surveillance under subsection (1) is a minor, the Director may order the parent or guardian of the minor to have the minor undergo surveillance for such period of time and subject to such conditions as the Director thinks fit.
Amended [10/2008]
(3)
Any person subjected to surveillance by the Director under subsection (1) who, without reasonable excuse, fails to comply with any condition relating to the surveillance imposed by the Director shall be guilty of an offence.
Amended [10/2008]
(4)
Any person, being the parent or guardian of a minor, who, without reasonable excuse, fails to comply with an order of the Director under subsection (2) shall be guilty of an offence.
Amended [10/2008]
Section 17
Isolation area
Amended [5/2019]Amended [5/2019]Amended [10/2008]
(1)
The appropriate Minister may, for the purpose of preventing the spread or possible outbreak of an infectious disease, by notification in the Gazette declare any premises to be an isolation area.
Amended [5/2019]
(2)
A notification under subsection (1) is effective until the expiry of the period specified in the notification or until it is revoked by the appropriate Minister, whichever occurs first.
Amended [5/2019]
(3)
The Director may, in relation to an isolation area, by order —
(a)
prohibit any person or class of persons from entering or leaving the isolation area without the permission of the Director;
(b)
prohibit or restrict the movement within the isolation area of any person or class of persons;
(c)
prohibit or restrict the movement of goods;
(d)
require any person or class of persons to report at specified times and places and submit to such medical examinations, answer such questions and submit to such medical treatment as the Director thinks fit;
(e)
authorise the destruction, disposal or treatment of any goods, structure, water supply, drainage and sewerage system or other matter within the isolation area known or suspected to be a source of infection; and(f)prohibit, restrict, require or authorise the carrying out of any other act that may be prescribed.
(4)
A Health Officer or a police officer may take any action that is necessary to give effect to an order under subsection (3).
Amended [10/2008]
(5)
Any person who, without reasonable excuse, contravenes an order under subsection (3) shall be guilty of an offence.
(6)
A person who leaves or attempts to leave or is suspected of having left an isolation area in contravention of an order under subsection (3) may be arrested without warrant by any police officer, or by any Health Officer authorised in writing in that behalf by the Director.
(7)
Without affecting any of the orders which the Director may make under this Act, the Director may issue an order under section 15 against a person who is arrested under subsection (6) as if the person were a person referred to in that section.
(8)
Goods brought into or removed from an isolation area in contravention of an order under subsection (3) must be forfeited to the Government and may be seized, dealt with and disposed of in accordance with section 55(2) and (3) as if those goods were any substance or matter referred to in section 55(1)(c).
Section 17A
Restricted zones during public health emergency
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
If the appropriate Minister is satisfied that there is an outbreak or imminent outbreak of an infectious disease that poses a substantial risk of a significant number of human fatalities or incidents of serious disability in Singapore, he or she may, by order, declare a public health emergency.
Amended [10/2008; 5/2019]
(2)
The appropriate Minister may, if it appears necessary or expedient for the securing of public health or safety during a public health emergency, by order declare the whole of or such area in Singapore to be a restricted zone and may in such order prohibit or restrict, subject to such conditions as he or she may think fit —
(a)
the entry and stay of persons in any place, building or other premises (whether public or private) within the restricted zone; and(b)the holding of, or the attendance of persons at, any public meeting, reception, procession or other gathering within the restricted zone.
Amended [10/2008; 5/2019]
(3)
Subject to subsection (4), every order made under subsection (1) or (2) remains in force until it is revoked by the appropriate Minister or upon the expiry of 14 days from the date upon which it was made, whichever is the earlier.
Amended [10/2008; 5/2019]
(4)
An order made under subsection (1) or (2) may be renewed by declaration of the appropriate Minister from time to time for such period, not exceeding 14 days at a time, as may be specified in the declaration.
Amended [10/2008; 5/2019]
(5)
An order made under subsection (1) or (2) and a declaration of renewal made under subsection (4) must be published in the manner that the appropriate Minister thinks necessary for bringing it to the notice of all persons who in the Minister’s opinion ought to have notice thereof and has effect as soon as such notice has been given, without publication in the Gazette.
Amended [10/2008; 5/2019]
(6)
A copy of every order made under subsection (1) or (2) and of every declaration of renewal made under subsection (4) must be published in the Gazette and must be presented to Parliament as soon as possible after it has been made and if a resolution is passed by Parliament annulling the order or declaration, it ceases to have effect, despite subsection (3) or (4) (whichever is applicable), but without affecting anything previously done by virtue of the order or declaration.
Amended [10/2008]
(7)
Where an order mentioned in subsection (2)(b) is in force, any public officer or officer of any statutory body who is authorised in writing by the Director (called in this section an authorised person) or any police officer may direct the persons at any public meeting, reception, procession or other gathering within the restricted zone to disperse and it is then the duty of the persons so directed to disperse accordingly.
Amended [10/2008]
(8)
Any person who, without reasonable excuse, refuses or fails to comply with an order made under subsection (2) or with any direction given by an authorised person or a police officer under subsection (7) —
(a)
shall be guilty of an offence; and(b)may, without affecting any proceedings which may be taken against the person, be arrested without warrant, and may be removed by an authorised person or a police officer from the place in respect of which the order or direction applies.
Amended [10/2008]
Section 18
Abatement of overcrowding
Amended [5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]
(1)
If, in the opinion of the Director, a building is so overcrowded as to expose its occupants to the risk of infection by an infectious disease, the Director may, by written notice, direct the owner or occupier of the building to abate the overcrowding or to close the building or part of the building within the time specified in the notice.
Amended [5/2019]
(2)
Any owner or occupier who fails to comply with a notice given to the owner or occupier by the Director under subsection (1) shall be guilty of an offence.
Amended [10/2008]
(3)
When a building or any part of the building has been directed to be closed under subsection (1), any person who enters the building or any part of it without the permission of the Director shall be guilty of an offence.
Amended [10/2008]
(4)
Without affecting any proceedings under subsection (2), where a notice issued by the Director under subsection (1) has not been complied with, the Director, a Health Officer or a police officer may, without warrant and with such force as may be necessary, enter the building and take or cause to be taken such measures as are necessary to abate the overcrowding or to close the building or any part of the building, as specified in the notice.
Amended [10/2008]
(5)
The costs and expenses incurred by the Director or a Health Officer under subsection (4) must be paid by the owner or occupier in default and may be recovered as a debt due to the Government.
Amended [10/2008]
(6)
Any person who is aggrieved by any direction of the Director as contained in a notice given to the person under subsection (1) may, within 7 days from the date of the notice, appeal to the appropriate Minister whose decision is final.
Amended [10/2008; 5/2019]
(7)
Even though an appeal under subsection (6) is pending, a notice issued by the Director under subsection (1) takes effect from the date specified by the Director, unless the appropriate Minister otherwise directs.
Amended [10/2008; 5/2019]
Section 19
Closure and disinfection of premises
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]
(1)
If the Director has reason to believe that there exist on any premises conditions that are likely to lead to the outbreak or spread of any infectious disease, the Director may, by written notice —
(a)
order the closure of the premises for a period not exceeding 14 days; or(b)prohibit the sale or distribution of food or water at the premises for the period specified in the notice,and may require the owner or occupier of the premises to —
(c)
cleanse or disinfect the premises in the manner and within the time specified in the notice; or(d)carry out the additional measures that the Director may require in the manner and within the time specified in the notice.
Amended [10/2008; 5/2019]
(2)
A notice under subsection (1)(a) directing the owner or the occupier of the premises to close the premises may be renewed by the Director from time to time for such period, not exceeding 14 days, as the Director may, by written notice, specify.
Amended [10/2008; 5/2019]
(3)
Subject to subsection (7), any person who fails to comply with a notice given to the person by the Director under subsection (1) shall be guilty of an offence.
Amended [10/2008]
(4)
When any premises have been ordered to be closed under subsection (1)(a), any person who enters those premises without the permission of the Director shall be guilty of an offence.
Amended [10/2008]
(5)
Without affecting any proceedings under subsection (3), where a notice issued by the Director under subsection (1) has not been complied with, the Director, a Health Officer or a police officer may, without warrant and with such force as may be necessary, enter the premises to which the notice relates and close the premises or take or cause to be taken the measures specified in the notice.
Amended [10/2008]
(6)
The costs and expenses incurred by the Director or a Health Officer under subsection (5) must be paid by the person in default and may be recovered as a debt due to the Government.
Amended [10/2008]
(7)
Any person who is aggrieved by any order or requirement of the Director as contained in a notice given to the person under subsection (1) may, within 7 days from the date of the notice, appeal to the appropriate Minister whose decision is final.
Amended [10/2008; 5/2019]
(8)
Even though an appeal under subsection (7) is pending, a notice issued by the Director under subsection (1) takes effect from the date specified by the Director, unless the appropriate Minister otherwise directs.
Amended [10/2008; 5/2019]
Section 19A
Surveillance and contact tracing measures at premises
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
If the Director is satisfied that any surveillance or contact tracing measure is necessary to prevent the spread or possible outbreak of any infectious disease at or in the vicinity of any premises, the Director may, by written notice, direct any person in charge of the premises to —
(a)
conduct any surveillance or contact tracing measure at the premises as specified in the notice;
(b)
allow any Health Officer, or any person authorised by a Health Officer, to conduct any surveillance or contact tracing measure at the premises as specified in the notice; or(c)facilitate the conduct of the surveillance or contact tracing measure by any Health Officer or person authorised by a Health Officer mentioned in paragraph (b).
Amended [5/2019]
(2)
Any person in charge of the premises who, without reasonable excuse, fails to comply with any direction to the person in a written notice under subsection (1) shall be guilty of an offence.
Amended [5/2019]
(3)
Without limiting subsection (2), where any direction in a written notice under subsection (1) has not been complied with in relation to any premises, the Director or a Health Officer may, after giving reasonable notice, and without warrant and using such force as may be necessary, do all or any of the following:
(a)
enter the premises;
(b)
take or cause to be taken such measures at the premises as specified in the written notice.
Amended [5/2019]
(4)
The costs and expenses reasonably incurred by the Director or a Health Officer under subsection (3) may be recovered as a debt due to the Government from the person in default.
Amended [5/2019]
(5)
In this section, “person in charge of the premises” includes —
(a)
any occupier, lessee or person who is responsible for the management of the premises; or(b)any manager, assistant manager or supervisor of the premises or any person holding an analogous appointment.
Amended [5/2019]
Section 20
Prohibition or restriction of meetings, gatherings and public entertainments
Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]
(1)
Where it appears to the Director that the holding of any meeting, gathering or any public entertainment is likely to increase the spread of any infectious disease, the Director may by order prohibit or restrict, subject to such conditions as the Director may think fit, for a period not exceeding 14 days, the meeting, gathering or public entertainment in any place.
Amended [10/2008]
(2)
An order under subsection (1) may be renewed by the Director from time to time for such period, not exceeding 14 days, as the Director may, by written notice, specify.
Amended [10/2008; 5/2019]
(3)
Any person who holds, is present at or has taken part in any meeting, gathering or public entertainment in contravention of an order by the Director under subsection (1) shall be guilty of an offence.
Amended [10/2008]
(4)
A Health Officer or a police officer may take any action that is necessary to give effect to an order under subsection (1).
Amended [10/2008]
(5)
Any person who is aggrieved by any order of the Director under subsection (1) may, within 7 days from the date of the order, appeal to the appropriate Minister whose decision is final.
Amended [10/2008; 5/2019]
(6)
Even though an appeal under subsection (5) is pending, an order made by the Director under subsection (1) takes effect from the date specified by the Director, unless the appropriate Minister otherwise directs.
Amended [10/2008; 5/2019]
Section 21
Control of occupation, trade or business
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
The Director may give a direction to —
(a)
any person who is a case or carrier of an infectious disease and is carrying on or may carry on any occupation, trade or business; or(b)any person carrying on any occupation, trade or business in a manner as is likely to cause the spread of any infectious disease,about the taking of preventative action that the Director reasonably believes is necessary to prevent the possible outbreak or prevent or reduce the spread of the infectious disease.
Amended [5/2019]
(2)
Without limiting subsection (1), “preventative action”, in the case of a direction given to a person carrying on or who may carry on any occupation, trade or business, includes requiring the person to do any one or more of the following:
(a)
to stop carrying on, or not carry on, the occupation, trade or business during a period of time specified in the direction;
(b)
take specified steps within a period of time specified in the direction, to ensure that the occupation, trade or business is conducted in compliance with conditions specified in the direction;
(c)
until the actions in paragraphs (a) and (b) are complied with, to ensure —
(i)
the premises at which the occupation, trade or business is or may be conducted is, for the period of time that is specified in the direction, not used for any activity;
(ii)
any vehicle, plant, article, machinery or equipment on those premises is, for the period of time that is specified in the direction, not used, moved, sold or otherwise handled; or(iii)any vehicle, plant, article, machinery or equipment on those premises and specified in the direction is, for the period of time that is specified in the direction, not removed from those premises, for any purpose or in any circumstances specified in the direction.
Amended [5/2019]
(3)
If a person refuses or fails to comply with any requirement of a direction given to that person under subsection (1), the Director may —
(a)
take any steps reasonably necessary to ensure control of the premises at which an occupation, trade or business is or may be conducted or any vehicle, plant, article, machinery or equipment on those premises, including entry to a place or vehicle without warrant and with the use of necessary force; and(b)carry out the requirement, and recover the costs and expenses reasonably incurred in carrying out the requirement as a debt due from that person.
Amended [5/2019]
(4)
A person who, without reasonable excuse, fails to comply with any requirement of a direction given to that person under subsection (1) shall be guilty of an offence.
Amended [5/2019]
(5)
A person given a direction under subsection (1) may, within 7 days after the direction is given, appeal against the direction to the appropriate Minister, whose decision is final.
Amended [5/2019]
(6)
A direction under subsection (1) takes effect despite any appeal under subsection (5), unless the appropriate Minister otherwise directs.
Amended [5/2019]
Section 21A
Certain persons not to act in manner likely to spread disease
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
A person who knows, or has reason to suspect, that he or she is a case or carrier or contact of a disease set out in the Second Schedule must not expose other persons to the risk of infection by his or her presence or conduct in any public place or any other place used in common by persons other than the members of his or her own family or household.
Amended [5/2019]
(2)
A person having the care of an individual whom the person knows, or has reason to suspect, is a case or carrier or contact of a disease set out in the Second Schedule must not cause or permit that individual to expose other persons to the risk of infection by that individual’s presence or conduct in any place mentioned in subsection (1).
Amended [5/2019]
(3)
A person must not lend, sell, transmit or expose, without previous disinfection, any clothing, bedding or rags which he or she knows to have been exposed to infection from a disease set out in the Second Schedule, or any other article which he or she knows to have been so exposed and which is liable to carry such infection.
Amended [5/2019]
(4)
Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence.
(5)
In proceedings for an offence under subsection (4) for contravening subsection (1) or (2), it is a defence for the accused to prove, on a balance of probabilities, that the accused’s presence or conduct in the place mentioned in subsection (1) or (2), as the case may be —
(a)
was necessary for the purpose of obtaining medical treatment; or(b)was authorised by the Director.
Amended [5/2019]
(6)
Where the Director has designated a hospital or other place for the treatment of any disease set out in the Second Schedule, subsection (5)(a) applies only in relation to the obtaining of medical treatment at the designated hospital or place for that disease.
Amended [5/2019]
(7)
A person shall not incur any liability for contravening subsection (3) by transmitting with proper precautions any article for the purpose of having it disinfected.
Section 21B
Order to disseminate health advisory
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
The appropriate Minister may, for the purpose of preventing the spread or possible outbreak of any infectious disease in Singapore, or the spread of any infectious disease into Singapore or from Singapore to outside Singapore, by written order, direct any relevant operator —
(a)
to disseminate any health advisory, in such form and manner as the Director may require, to any relevant person specified in the order;
(b)
to provide any information, in the possession or control of the relevant operator, to the Director to facilitate the Director or any other person in the dissemination of a health advisory to a relevant person; or(c)to provide any information, in the possession or control of the relevant operator, to another relevant operator who is required to disseminate a health advisory under paragraph (a), to facilitate in the dissemination of the health advisory.
Amended [5/2019]
(2)
The Director may disclose any information obtained from a relevant operator under subsection (1)(b) to another relevant operator who is required to disseminate a health advisory under subsection (1)(a), to facilitate in the dissemination of the health advisory.
Amended [5/2019]
(3)
The Director may impose conditions as to the use of any information provided or disclosed to any relevant operator under subsection (1)(c) or (2).
Amended [5/2019]
(4)
Any relevant operator who, without reasonable excuse, refuses or fails to comply with —
(a)
an order under subsection (1); or(b)a condition under subsection (3),shall be guilty of an offence.
Amended [5/2019]
(5)
This section does not affect any other right of disclosure a relevant operator may have under any written law or rule of law.
Amended [5/2019]
Part 4
CONTROL OF HIV INFECTION
Section 22
Person with HIV Infection to undergo counselling, etc.
Amended [10/2008; 5/2019]
(1)
The Director may require any person who has been diagnosed as having HIV Infection —
(a)
to undergo counselling at such time and at such hospital or other place as the Director may determine; and(b)to comply with such precautions and safety measures as may be specified by the Director.
Amended [10/2008; 5/2019]
(2)
Any person who fails or refuses to comply with 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 2 years or to both.
Section 23
Sexual activity by person with HIV Infection
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008; 15/2010]Amended [10/2008]
(1)
A person who knows that he or she has HIV Infection must not engage in any sexual activity with another person unless, before the sexual activity takes place —
(a)
he or she has informed that other person of the risk of contracting HIV Infection from him or her; and(b)that other person has voluntarily agreed to accept that risk.
Amended [10/2008; 5/2019]
(2)
A person who does not know that he or she has HIV Infection, but who has reason to believe that he or she has, or has been exposed to a significant risk of contracting, HIV Infection must not engage in any sexual activity with another person unless —
(a)
before the sexual activity takes place he or she informs that other person of the risk of contracting HIV Infection from him or her and that other person voluntarily agrees to accept that risk;
(b)
he or she has undergone the necessary serological or other test and has ascertained that he or she does not have HIV Infection at the time of the sexual activity; or(c)during the sexual activity, he or she takes reasonable precautions to ensure that he or she does not expose that other person to the risk of contracting HIV Infection.
Amended [10/2008; 5/2019]
(3)
Any person who contravenes subsection (1) or (2) 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 10 years or to both.
Amended [10/2008]
(4)
For the purposes of this section, a person must not, only by reason of age, be presumed incapable of engaging in sexual activity.
Amended [10/2008]
(5)
For the purposes of this section, a person is deemed to know that he or she has HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him or her has given a positive result and the result has been communicated to him or her.
Amended [10/2008; 5/2019]
(6)
No prosecution is to be instituted for an offence under subsection (2) except with the written consent of the Public Prosecutor, but a person charged with such an offence may be arrested and be remanded in custody or released on bail even though the consent of the Public Prosecutor to the institution of a prosecution for the offence has not been obtained, except that the case must not be further prosecuted until that consent of the Public Prosecutor has been obtained.
Amended [10/2008; 15/2010]
(7)
In this section, “sexual activity” means —
(a)
sexual activity occasioned by the introduction into the vagina, anus or mouth of any person of any part of the penis of another person; or(b)cunnilingus.
Amended [10/2008]
Section 24
Blood donation and other acts by person with HIV Infection
Amended [5/2019]Amended [10/2008; 5/2019]Amended [10/2008]
(1)
Any person who knows that he or she has HIV Infection must not —
(a)
donate blood at any blood bank in Singapore; or(b)do any act which is likely to transmit or spread HIV Infection to another person.
Amended [5/2019]
(2)
For the purposes of this section, a person is deemed to know that he or she has HIV Infection if a serological test or other test for the purpose of ascertaining the presence of HIV Infection carried out on him or her has given a positive result and the result has been communicated to him or her.
Amended [10/2008; 5/2019]
(3)
Any person who contravenes subsection (1) 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 10 years or to both.
Amended [10/2008]
Section 25
Protection of identity of person with HIV Infection or other sexually transmitted disease
Amended [10/2008; 15/2010; 5/2019]Amended [10/2008]
(1)
Any person who, in the performance or exercise of his or her functions or duties under this Act, is aware or has reasonable grounds for believing that another person has HIV Infection or is suffering from a sexually transmitted disease or is a carrier of that disease must not disclose any information which may identify the other person except —
(a)
with the consent of the other person;
(b)
when it is necessary to do so in connection with the administration or execution of anything under this Act;
(c)
when it is necessary to do so in connection with the provision of information to a police officer under section 22 or 424 of the Criminal Procedure Code 2010;
(d)
when ordered to do so by a court;
(e)
to any medical practitioner or other health staff who is treating or caring for, or counselling, the other person;
(f)
to any blood, organ, semen or breast milk bank that has received or will receive any blood, organ, semen or breast milk from the other person;
(g)
for statistical reports and epidemiological purposes if the information is used in such a way that the identity of the other person is not made known;
(h)
to the victim of a sexual assault by the other person;
(i)
to the Controller of Immigration for the purposes of the Immigration Act 1959;
(j)
to the next-of-kin of the other person upon the other person’s death;
(k)
to any person or class of persons to whom, in the opinion of the Director, it is in the public interest that the information be given; or(l)when authorised by the appropriate Minister to publish such information for the purposes of public health or public safety.
Amended [10/2008; 15/2010; 5/2019]
(2)
Any person who contravenes 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.
Amended [10/2008]
(3)
For the purposes of subsection (1)(a), the consent of the other person includes —
(a)
if that person has died, the written consent of that person’s spouse, personal representative, administrator or executor;
(b)
if that person is below 16 years of age, the written consent of a parent or legal guardian of that person; and(c)if, in the opinion of the medical practitioner who undertook the test for HIV Infection for that person, that person has a disability by reason of which he or she appears incapable of giving consent, the written consent in the following order, of —
(i)
a legal guardian of that person;
(ii)
the spouse of that person;
(iii)
a parent of that person; or(iv)an adult child of that person.
Section 25A
Disclosure by Director, medical practitioner and recipient of information
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
The Director may disclose any information relating to any person whom the Director reasonably believes to be infected with HIV Infection to —
(a)
any medical practitioner or other health staff who has been exposed to a risk of infection from HIV Infection; or(b)any first responder who has experienced a significant exposure to blood or other potentially infectious materials of any patient.
Amended [5/2019]
(2)
In subsection (1), “first responder” means any police officer, member of the Singapore Civil Defence Force or any person who provides emergency response, first aid care or other medically related assistance either in the course of the person’s occupational duties or as a volunteer.
(3)
Subject to subsection (4), a medical practitioner may disclose information relating to any person whom the medical practitioner reasonably believes to be infected with HIV Infection to the spouse, former spouse or other contact of the infected person or to a Health Officer for the purpose of making the disclosure to the spouse, former spouse or other contact.
Amended [5/2019]
(4)
The medical practitioner must not disclose any information under subsection (3) unless the medical practitioner —
(a)
reasonably believes that it is medically appropriate and that there is a significant risk of infection to the spouse, former spouse or other contact;
(b)
has counselled the infected person regarding the need to notify the spouse, former spouse or other contact and the medical practitioner reasonably believes that the infected person will not inform the spouse, former spouse or other contact; and(c)has informed the infected person of the medical practitioner’s intent to make such disclosure to the spouse, former spouse or other contact.
(5)
Where the medical practitioner is unable, by any reasonable means, to counsel or inform the infected person, the medical practitioner may apply to the Director to waive the requirements of subsection (4)(b) or (c) or both.
(6)
The Director may approve the application made under subsection (5) if, in the opinion of the Director, it is medically appropriate to disclose the information and there is a significant risk of infection to the spouse, former spouse or other contact.
(7)
A person, to whom any information relating to another person who is reasonably believed to be infected with HIV Infection has been disclosed under this section, must not disclose such information to any person other than the persons specified in subsection (8) or as provided in subsection (10).
Amended [5/2019]
(8)
The persons mentioned in subsection (7) are —
(a)
the infected person himself or herself;
(b)
a person who is authorised under section 25(1)(a) to consent to such disclosure; and(c)any person who is authorised to disclose such information under subsection (1), (3) or (6) or section 25(1).
(9)
Any person who contravenes subsection (7) 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.
(10)
A person, to whom any information relating to a person who is reasonably believed to be infected with HIV Infection has been disclosed under this section, may apply to the Director for approval to disclose such information to any person or class of persons.
Amended [5/2019]
(11)
The Director may approve the application under subsection (10) if the Director is satisfied that such disclosure is in the interests of public health or public safety.
Part 5
PREVENTION OF INTERNATIONAL SPREAD OF INFECTIOUS DISEASES
Section 26
Infected area
Amended [5/2019]Amended [5/2019]
(1)
Where the appropriate Minister has reason to believe that a dangerous infectious disease may be introduced into Singapore from or through any area in Singapore or elsewhere, he or she may, by notification in the Gazette, declare that area to be an infected area.
Amended [5/2019]
(2)
The appropriate Minister may issue an order prohibiting the entry into Singapore of any person or class of persons from an infected area declared under subsection (1) except under such conditions as the Minister may specify.
Amended [5/2019]
Section 27
Vessels, persons and articles from infected area
(1)
For the purposes of this Part, all vessels, persons and articles coming from an infected area are deemed to be infected unless otherwise declared by the Director.
(2)
A vessel and any person and article on board are also deemed to be infected if an infectious disease is found on board or if such infection was present among the crew, passengers, rodents or vectors on board the vessel.
Section 28
Information required on arrival of vessels
(1)
The master and the surgeon, if there is one on board, or the agent of any vessel arriving in Singapore must provide any particulars that may be required by the Director‑General or a Port Health Officer in such form or manner as the Director‑General may require.
(2)
Any master, surgeon or agent who fails to comply with subsection (1) or who provides any information which is false or misleading 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.
Section 29
Measures required of a vessel or vehicle on arrival
Amended [11/2019]Amended [11/2019]
(1)
The Director-General, the Director-General, Food Administration or a Port Health Officer may —
(a)
inspect any vessel or vehicle or any person or goods on board the vessel or in the vehicle when in Singapore;
(b)
subject persons on board a vessel or in a vehicle, upon arrival, to medical examination;
(c)
direct health and sanitary measures to be taken in respect of a vessel or vehicle;
(d)
obtain from the master, or any other person on board the vessel, all necessary information that he or she requires to ascertain the health of persons on board, the sanitary condition of the vessel and cargo and of the port last visited by that vessel and any other information that he or she requires;
(e)
inspect the journal or logbook of the vessel or of the vessel’s papers; and(f)direct the master, owner or agent of any vessel to forward a copy of the vessel’s passenger and crew list and cargo manifest immediately after the vessel’s arrival in Singapore.
Amended [11/2019]
(2)
Any person who fails to comply with any direction or requirement of the Director-General, the Director-General, Food Administration or the Port Health Officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
Amended [11/2019]
Section 30
Repealed / deleted
[Repealed by Act 5 of 2019]
Section 31
Vaccination and other prophylaxis
Amended [10/2008]Amended [10/2008]Amended [5/2019]
(1)
Every person on an international voyage whether leaving or arriving in Singapore must —
(a)
have undergone vaccination or other prophylaxis against all or any of the diseases in accordance with the requirements set out in the Third Schedule; and(b)produce valid international certificates of vaccination or other prophylaxis to a Port Health Officer.
Amended [10/2008]
(2)
Despite subsection (1), a Port Health Officer may require such person to undergo vaccination or other prophylaxis and may subject the person to isolation or surveillance for such period as the Port Health Officer thinks fit.
Amended [10/2008]
(3)
The Port Health Officer may return any person, not being a citizen of Singapore, who arrives in Singapore in contravention of subsection (1), to the person’s place of origin or embarkation at the expense of the owner or agent of the vessel by which the person arrived in Singapore.
Amended [5/2019]
(4)
The owner, master or agent of a vessel must ensure compliance with subsection (1) in respect of any person on board the vessel.
Section 32
Disinfection and treatment of vessel and vehicle
(1)
The Director or a Health Officer authorised by the Director may order the disinfection and treatment of the clothes and personal effects of any infected person arriving in Singapore.
(2)
Any vessel or vehicle which has conveyed an infected person must be cleansed, disinfected or treated in such manner as may be directed by the Director or a Health Officer authorised by the Director.
Section 33
Arrival of infected ships
(1)
An infected ship must anchor at a quarantine anchorage unless otherwise directed by a Port Health Officer and must remain there until it has been granted pratique by a Port Health Officer.
(2)
An infected ship lying within the waters of Singapore must show the appropriate quarantine signal prescribed by regulations unless otherwise directed by a Port Health Officer.
(3)
A person must not board or disembark from the ship while it lies at a quarantine anchorage, without obtaining the prior written permission of a Port Health Officer.
(4)
No baggage, cargo or article may be discharged from a ship while it lies at a quarantine anchorage without the prior written permission of a Port Health Officer.
(5)
Any master or any other person who contravenes this section 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.
Section 34
Unauthorised boarding or disembarking from infected vessel
(1)
The master of any infected vessel must, while it is subject to quarantine —
(a)
prevent and, if necessary, detain any person disembarking from the vessel without being authorised by a Port Health Officer;
(b)
detain any person from Singapore who, without the permission of a Port Health Officer, boards the vessel;
(c)
deliver any person detained to a Port Health Officer;
(d)
prevent any baggage or cargo from being discharged from the vessel; and(e)prevent any rodent from leaving or entering the vessel.
(2)
A master who fails to comply with any of the provisions of subsection (1) and any person aiding or abetting a master shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3)
For the purposes of section 33 and this section, “infected” means infected with a dangerous infectious disease.
Section 35
Pratique
(1)
A ship not granted pratique must remain in the quarantine anchorage while in the waters of Singapore or may continue its voyage to other ports.
(2)
The master or agent of any ship which has not been granted pratique who suffers or permits the ship to be anchored or berthed in contravention of 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 12 months or to both.
Section 36
Discharge of waste or matter
The discharge of human dejecta, solid or liquid waste or any matter, which the Director‑General or a Port Health Officer considers to be contaminated, from any vessel is subject to the measures that the Director‑General or the Port Health Officer may impose.
Section 37
Vessels within waters of Singapore
(1)
The master, owner or agent of any vessel while in Singapore must —
(a)
take such precautions as may be directed by a Port Health Officer to prevent rodents from leaving or entering the vessel, and take such measures for the destruction of rodents on board the vessel;
(b)
take all measures directed by a Port Health Officer to abate any nuisance that may be present on board the vessel within such time as may be specified by the Port Health Officer; and(c)take such measures to clean, disinfect, whitewash or any other measures which a Port Health Officer may direct to improve the condition of the water tanks, living spaces or any other part of the vessel.
(2)
Any master, owner or agent who fails to comply with any directions of the Port Health Officer under subsection (1) within the specified time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and to a further fine not exceeding $500 for every day during which the offence continues after conviction.
Section 38
Person supplying food and water
(1)
The master, owner or agent of every vessel and any person supplying food and water to the vessel must ensure that the food and water supplied to the vessel is fit for human consumption.
(2)
The master, owner or any person in charge of a vessel or vehicle employed for carrying food or water intended for human consumption must ensure that the vessel or vehicle and the food and water receptacles therein are in a clean and sanitary condition.
(3)
Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Section 39
Powers of Director-General, Food Administration or Port Health Officer regarding food and water
Amended [11/2019]Amended [11/2019]
(1)
The Director-General, Food Administration or a Port Health Officer may —
(a)
take samples of any food and water intended for human consumption or for sale to a vessel;
(b)
order the owner or any person in charge of a vessel supplying food to carry out an analysis of the food and to supply the results of that analysis to the Director‑General, Food Administration or the Port Health Officer;
(c)
if he or she has reason to believe that any food intended for human consumption is liable to be contaminated or is unfit for human consumption, order the food to be destroyed; and(d)order the owner, master or agent of any vessel to immediately cleanse the water tanks of the vessel to his or her satisfaction.
Amended [11/2019]
(2)
Any person who fails to comply with an order of the Director‑General, Food Administration or the Port Health Officer under subsection (1) within the time specified in the order 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.
Amended [11/2019]
Section 40
Import of vectors of diseases
(1)
A person must not import or bring or cause to be imported or brought into Singapore any vectors capable of transmitting a disease without first obtaining the Director‑General’s written permission.
(2)
Any person who contravenes 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 12 months or to both.
Section 41
Repealed / deleted
[Repealed by Act 36 of 2005]
Section 42
Power to inspect merchandise, etc., on board vessel
Amended [11/2019]Amended [11/2019]Amended [11/2019]Amended [11/2019]
(1)
The Director-General, the Director-General, Food Administration or a Port Health Officer may inspect and examine any articles, merchandise, baggage or cargo, on board any vessel, which are in his or her opinion contaminated or likely to be contaminated.
Amended [11/2019]
(2)
The Director-General, the Director‑General, Food Administration or the Port Health Officer may order any contaminated articles, merchandise, baggage or cargo found on board the vessel to be —
(a)
seized and treated or disposed of in the manner that he or she thinks fit; and(b)prohibited from being unloaded or stored in Singapore.
Amended [11/2019]
(3)
Any person who fails to comply with an order of the Director‑General, the Director‑General, Food Administration or the Port Health Officer under subsection (2) or hinders or obstructs the execution of that order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
Amended [11/2019]
(4)
Any articles, merchandise, baggage or cargo to which the order relates may be confiscated, treated or disposed of at the discretion of the Director‑General, the Director‑General, Food Administration or the Port Health Officer.
Amended [11/2019]
Section 43
Corpses
(1)
Any corpse, human remains or bones other than cremated ashes must not be brought into or transhipped or exported from Singapore, unless accompanied by a medical certificate or other evidence showing the name of the deceased, the date and cause of death and the measures adopted to preserve the body.
(2)
Such corpse, human remains or bones must not be landed or transhipped or exported without the written permission of a Port Health Officer.
(3)
The owner, master or agent of any vessel must ensure compliance with subsections (1) and (2).
(4)
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Section 44
Master, etc., of vessel to assist Director-General, Director, etc.
Amended [11/2019]Amended [11/2019]
(1)
The master, owner or agent of a vessel must provide such facilities and assistance as the Director‑General, the Director‑General, Food Administration, the Director, a Port Health Officer or a Health Officer may require in the exercise of powers for the purpose of carrying out the provisions of this Act.
Amended [11/2019]
(2)
The master, owner or agent of a vessel must take all reasonable measures and exercise due and proper care to ensure the safety of the Director‑General, the Director‑General, Food Administration, the Director, a Port Health Officer or a Health Officer and any person acting under his or her direction in the course of their work on board the vessel.
Amended [11/2019]
(3)
Any person who contravenes this section 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.
Section 45
Liability of master, owner or agent for expenses
Amended [5/2019]
(1)
The master, owner and agent of any vessel which has been ordered into quarantine or of any vessel from which any person is removed for quarantine are responsible for —
(a)
the removal, care and maintenance, conveyance and surveillance of all persons on board the vessel; and(b)the provision of such services as the Director‑General, the Director, a Port Health Officer or a Health Officer considers necessary to ensure the satisfactory performance of the quarantine of the vessel and the persons on board.
Amended [5/2019]
(2)
The master, owner or agent of any vessel which has been ordered into quarantine, or to be cleansed, fumigated, disinfected or otherwise treated, must pay the costs and expenses of removal of any cargo and goods from the vessel incurred in the cleansing, fumigation, disinfection or treatment of the vessel.
(3)
The master, owner or agent of the vessel may make arrangement with the Director‑General, the Director, a Port Health Officer or a Health Officer for the carrying out of any of the responsibilities under this section and for the payment of the costs and expenses thereof.
(4)
The Director-General, the Director, a Port Health Officer or a Health Officer may take any action he or she considers necessary to ensure that the vessel or any person or article on board performs the quarantine satisfactorily, and any expenses incurred thereby are recoverable from the owner or agent of the vessel as a debt due to the Agency or the Government, as the case may be.
(5)
The Director-General, the Director, a Port Health Officer or a Health Officer may require the master, owner or agent of the vessel to give such security as he or she thinks necessary to ensure that the master, owner or agent of the vessel will carry out their responsibilities under this section satisfactorily.
Section 45A
Medical examination of persons arriving in Singapore
Amended [5/2019]Amended [5/2019]
(1)
The Director may, for the purpose of preventing the spread or possible outbreak of any infectious disease in Singapore, by written order, require all or any persons arriving in Singapore to undergo any medical examination specified in the order.
Amended [5/2019]
(2)
Any person given an order under subsection (1) who, without reasonable excuse, refuses or fails to comply with the order shall be guilty of an offence.
Amended [5/2019]
Section 45B
Medical examination of persons leaving Singapore during public health emergency
Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
During a public health emergency relating to an outbreak of an infectious disease declared under section 17A(1), the appropriate Minister may, for the purpose of preventing the spread of that infectious disease out of Singapore, by written order, require all or any persons leaving Singapore to undergo any medical examination specified in the order.
Amended [5/2019]
(2)
Any person given an order under subsection (1) who, without reasonable excuse, refuses or fails to comply with the order shall be guilty of an offence.
Amended [5/2019]
(3)
Notice of the appropriate Minister’s written order must be published in the Gazette for general information.
Amended [5/2019]
Part 6
VACCINATION AND OTHER PROPHYLAXIS
Section 46
Responsibility of parent or guardian
Amended [10/2008]
(1)
The parent or guardian of every child in Singapore must ensure that the child is vaccinated against the diseases set out in the Fourth Schedule.
(2)
The Registrar of Births and Deaths must, immediately after the registration of the birth of a child, issue to the parent or guardian of the child a notice requiring the child to be vaccinated against the diseases to which this section applies.
Amended [10/2008]
Section 47
Power to order certain persons to undergo vaccination or other prophylaxis
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [5/2019]
(1)
In an outbreak or a suspected outbreak of any infectious disease in any area in Singapore, the Director may by order direct any person or class of persons not protected or vaccinated against the disease to undergo vaccination or other prophylaxis within the period specified in the order.
Amended [10/2008; 5/2019]
(2)
In addition to the power conferred by subsection (1), where it appears to the Director that —
(a)
an outbreak of an infectious disease in any area in Singapore is imminent; and(b)it is necessary or expedient to do so for the securing of public safety,the Director may by order direct any person or class of persons not protected or vaccinated against that infectious disease to undergo vaccination or other prophylaxis within the period specified in the order.
Amended [10/2008; 5/2019]
(3)
Any order made under subsection (1) or (2) may specify the person by whom and the manner in which the vaccination or other prophylaxis is to be carried out.
Amended [10/2008]
(4)
Where any order is made under subsection (1) or (2), the Director must cause notice of the effect of the order to be given in such a manner as the Director thinks necessary for bringing it to the notice of all persons who in the Director’s opinion ought to have notice of it.
Amended [5/2019]
Section 48
Vaccination
Amended [10/2008]Amended [5/2003; 10/2008]
(1)
A vaccination must not be carried out except by a medical practitioner, or by a nurse or any other suitably trained person employed by the Board or working under the supervision of a medical practitioner.
Amended [10/2008]
(2)
Every medical practitioner must —
(a)
keep in the prescribed manner a record of all vaccination carried out by him or her or under his or her supervision; and(b)within the prescribed period after carrying out any vaccination, notify in the prescribed manner —
(i)
the Director or any officer of the Board who is designated by the Director for the purpose; and(ii)the person on whom the vaccination was carried out or, if such person is a child, to the parent or guardian of the child.
Amended [5/2003; 10/2008]
Section 49
Exemption from vaccination
The Director, or any officer of the Board who is designated by the Director for the purpose, may grant the postponement of or exemption from any vaccination required under this Part as he or she thinks fit.
Section 50
Certificates of unfitness
(1)
If any medical practitioner is of the opinion that any person is not fit to be vaccinated, the medical practitioner must immediately deliver to that person or, in the case of a child, to the parent or guardian of the child an exemption certificate in such form as the Director may require.
(2)
Such exemption certificate remains in force for such period as may be specified therein.
(3)
Before the expiry of the exemption certificate the person must go, or the parent or guardian of the child must take or cause the child to be taken, to a medical practitioner who must then examine and vaccinate the person or child or give a further exemption certificate in respect of that person or child in such form as the Director may require.
(4)
Any medical practitioner who issues an exemption certificate under this section must, within the prescribed time and in such form or manner as the Director may require, notify the Director or an officer of the Board who is designated by the Director for the purpose.
Section 51
Offence
Amended [5/2003]
Any person who contravenes any provision of this Part, or fails to comply with any notice given under section 46 or order made under section 47, shall be guilty of an offence.
Section 52
Suspension of this Part
Amended [5/2019]Amended [5/2019]
(1)
The appropriate Minister may, by notification in the Gazette, suspend all or any of the provisions of this Part during an epidemic of any infectious disease.
Amended [5/2019]
(2)
The appropriate Minister must, on the termination of the epidemic, by notification in the Gazette restore the provisions of this Part that he or she has suspended and order all persons affected by the suspension to perform within such time as he or she may specify all acts that remained to be performed by reason of the suspension.
Amended [5/2019]
Section 53
Repealed / deleted
[Repealed by Act 10 of 2008]
Section 54
Fees for vaccinations and other prophylaxis
Amended [10/2008; 5/2019]
The appropriate Minister may by notification in the Gazette prescribe the fees that may be charged by medical practitioners who carry out any vaccination or other prophylaxis under the provisions of this Act.
Part 7
ENFORCEMENT
Section 55
Powers of Director and Health Officers in dealing with outbreaks and suspected outbreaks of infectious diseases
Amended [10/2008; 5/2019]Amended [5/2019]Amended [10/2008]
(1)
For the purpose of investigating into any outbreak or suspected outbreak of an infectious disease or for the purpose of preventing the spread or possible outbreak of an infectious disease, the Director or any Health Officer authorised by the Director may —
(a)
at any time without warrant and with such force as may be necessary —
(i)
enter, inspect and search any premises; or(ii)stop, board, inspect and search any conveyance,in which the outbreak or suspected outbreak has taken place;
(b)
take samples of any substance or matter, wherever found, if the Director or Health Officer has reason to believe that the substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak, and send those samples for such test, examination or analysis as the Director or Health Officer may consider necessary or expedient;
(c)
seize any substance or matter, wherever found, if the Director or Health Officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
(d)
require any person to destroy any food in the person’s possession which the Director or Health Officer has reason to believe is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
(e)
require any person —
(i)
to furnish any information within the person’s knowledge; or(ii)to produce any book, document or other record which may be in the person’s custody or possession for inspection by the Director or Health Officer and the making of copies thereof, or to provide the Director or Health Officer with copies of such book, document or other record,within such time and in such form or manner as the Director or Health Officer may specify and may, if necessary, further require the person to attend at a specified time and place for the purposes of complying with sub‑paragraph (i) or (ii);
(f)
require, by written notice, any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to submit to medical examination and have his or her blood or other body sample taken for examination within or at such time, and at such place, as may be specified in the notice, and to undergo such treatment as may be necessary;
(g)
subject to subsection (5), order the closure or cordoning off of any public place in which the outbreak or suspected outbreak, or the transmission or suspected transmission, of an infectious disease has taken place;
(h)
subject to subsections (6) and (7), requisition, for such period as the Director or Health Officer thinks necessary —
(i)
any premises which, in his or her opinion, is suitable for the isolation and treatment of persons who are, or are reasonably suspected to be, cases or carriers or contacts of the infectious disease; and(ii)any conveyance which, in his or her opinion, is suitable and necessary for use in connection with the prevention of the spread or possible outbreak of the infectious disease; and(i)by order prohibit or restrict the movement of persons, animals and conveyances into, within or out of any public place mentioned in paragraph (g) or any premises mentioned in paragraph (h)(i).
Amended [10/2008; 5/2019]
(2)
Where the Director or Health Officer seizes any substance or matter under subsection (1)(c) —
(a)
the Director or Health Officer must immediately give written notice of the seizure to the owner of, or to the person from whom, the substance or matter was seized and may —
(i)
direct that the substance or matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored there; or(ii)dispose of the substance or matter immediately if the Director or Health Officer is of the view that the substance or matter is decayed, putrefied or deleterious to health; and(b)any person aggrieved by the seizure may, within 48 hours after the seizure, complain to a Magistrate’s Court and the Magistrate’s Court may —
(i)
confirm the seizure wholly or in part;
(ii)
disallow the seizure wholly or in part;
(iii)
order that any substance or matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the substance or matter is preserved for any purpose for which it may subsequently be required; or(iv)order payment to be made to the owner of or person entitled to the substance or matter seized of such amount as the Court considers reasonable compensation to the owner or person for any loss or depreciation resulting from the seizure.
Amended [5/2019]
(3)
Where —
(a)
no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (2)(b); or(b)the Magistrate’s Court confirms the seizure under subsection (2)(b)(i),the substance or matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court (as the case may be) becomes the property of the Government and must be disposed of in the manner that the Director thinks fit.
(4)
A person must comply with a requirement under subsection (1)(e) to disclose information or produce documents to the Director despite any restriction on the disclosure of the information or documents imposed by any written law, rule of law, rule of professional conduct or contract; and the person must not by so doing be treated as being in breach of any such restriction despite anything to the contrary in that law, rule or contract.
(5)
The power referred to in subsection (1)(g) does not apply in respect of any public place where the power to order the closure or cordoning off of such public place in the same circumstances has been conferred by any other written law on some other public officer or statutory body.
(6)
Any premises that are unoccupied may be requisitioned under subsection (1)(h) without notice being given to the owner of the premises, but premises that are occupied must not be so requisitioned unless a written notice has been served on the owner or occupier or posted in a conspicuous position at those premises.
(7)
Where any premises or conveyance is requisitioned under subsection (1)(h), the owner or occupier of the premises or the owner or person having control and possession of the conveyance is entitled to a reasonable compensation for the occupation of the premises during the period of requisition, or for the use and detention of the conveyance, as the case may be.
(8)
Any person who fails to comply with any requirement or order made by the Director or a Health Officer under subsection (1)(d), (e), (f), (g) or (i) shall be guilty of an offence.
(9)
For the purposes of subsection (1)(e), where any document or record required by the Director or a Health Officer is kept in electronic form, then —
(a)
the power of the Director or Health Officer to require the document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form; and(b)the power of the Director or Health Officer to inspect the document or record includes the power to require any person on the premises in question to give the Director or Health Officer such assistance as the Director or Health Officer may reasonably require to enable him or her to inspect and make copies of the document or record in legible form or to make records of the information contained in the document or record.
Amended [10/2008]
Section 55A
Powers of investigation
Amended [10/2008; 5/2019; 11/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008]
(1)
For the purposes of an investigation into an offence punishable under this Act, any police officer, or any Health Officer who is authorised in writing in that behalf by the Director‑General, the Director‑General, Food Administration or the Director, may —
(a)
require any person —
(i)
to furnish any information within the person’s knowledge; or(ii)to produce any book, document or other record which may be in the person’s custody or possession for inspection by the police officer or Health Officer and the making of copies thereof, or to provide the police officer or Health Officer with copies of such book, document or other record,and may, if necessary, further require such person to attend at a specified time and place for the purposes of complying with sub‑paragraph (i) or (ii); (b)at any time without warrant and with such force as may be necessary, stop, board, enter, inspect and search any premises or conveyance;
(c)
take samples of or seize any substance or matter found in any premises or conveyance mentioned in paragraph (b); and(d)seize any book, document or record produced under paragraph (a) or found in any premises or conveyance mentioned in paragraph (b).
Amended [10/2008; 5/2019; 11/2019]
(2)
A statement made by any person giving evidence under subsection (1)(a) —
(a)
must be reduced to writing and read over to the person; and(b)must, after correction (if any), be signed by the person.
Amended [10/2008]
(3)
Any person who, without reasonable excuse —
(a)
refuses or fails to comply with any requirement of a police officer or Health Officer under subsection (1); or(b)refuses to answer or gives a false answer to any question put to him or her by a police officer or Health Officer,shall be guilty of an offence.
Amended [10/2008]
(4)
For the purposes of subsection (3), it is a reasonable excuse for a person to refuse or fail to furnish any information, produce any book, document or other record or answer any question if doing so might tend to incriminate him or her.
Amended [10/2008]
(5)
For the purposes of subsection (1)(a)(i), where any document or record required by a police officer or Health Officer is kept in electronic form, then —
(a)
the power of the police officer or Health Officer to require the document or record to be produced for inspection includes the power to require a copy of the document or record to be made available for inspection in legible form; and(b)the power of the police officer or Health Officer to inspect the document or record includes the power to require any person on the premises in question to give the police officer or Health Officer such assistance as the police officer or Health Officer may reasonably require to enable him or her to inspect and make copies of the document or record in legible form or to make records of the information contained in the document or record.
Amended [10/2008]
Section 55B
Disposal of document, substance or matter
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
Any book, document, record, sample, substance or matter (called in this section the document, substance or matter) produced, taken or seized under this Act must —
(a)
where the document, substance or matter is produced in any criminal trial, be dealt with in accordance with section 364(1) of the Criminal Procedure Code 2010;
(b)
where the owner of the document, substance or matter consents to its disposal, be deemed to be forfeited; or(c)in any other case, be returned to the owner or reported to a Magistrate’s Court.
Amended [5/2019]
(2)
Where a document, substance or matter is reported to a Magistrate’s Court under subsection (1)(c), the Magistrate’s Court may order the document, substance or matter —
(a)
to be forfeited; or(b)to be disposed of in the manner that the Magistrate’s Court thinks fit.
Amended [5/2019]
(3)
Subject to any order to the contrary by the Magistrate’s Court, if the document, substance or matter is forfeited or deemed to be forfeited under this section, the document, substance or matter must be delivered to the Director and must be disposed of in the manner that the Director thinks fit.
Amended [5/2019]
(4)
This section does not affect any right to retain or dispose of property which may exist in law apart from this section.
Amended [5/2019]
Section 56
Powers of arrest
Amended [10/2008]Amended [10/2008; 11/2019]Amended [10/2008; 5/2019]Amended [5/2019]Amended [10/2008]Amended [10/2008]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008]
(1)
Any police officer, or any Health Officer authorised in writing in that behalf by the Director, may arrest without warrant any person committing or who he or she has reason to believe has committed any offence under section 11(1), 20(3), 21A(4), 23(3), 24(3) or 55(8).
Amended [10/2008]
(2)
Subject to subsection (1), any police officer, or any Health Officer authorised in writing in that behalf by the Director‑General, the Director‑General, Food Administration or the Director, may arrest without warrant any person committing or who he or she has reason to believe has committed any offence under this Act if —
(a)
the name and address of the person are unknown to him or her;
(b)
the person declines to give the person’s name and address;
(c)
the person gives an address outside Singapore; or(d)there is reason to doubt the accuracy of the name and address if given.
Amended [10/2008; 11/2019]
(3)
Subject to subsection (8), any police officer, or any Health Officer authorised in writing in that behalf by the Director, may arrest without warrant any person who —
(a)
being required to be isolated in any place under the provisions of this Act, has failed to proceed to that place or has left or attempted to leave that place; (b)being required to undergo or submit to any surveillance, medical examination or medical treatment under the provisions of this Act, has failed to undergo or submit to the surveillance, examination or treatment or comply with any condition relating to the surveillance; or(c)being required to comply with any requirement mentioned in paragraph (a) or (b), attempts to leave Singapore without the approval of the Director.
Amended [10/2008; 5/2019]
(4)
Any person who, being required to comply with any requirement mentioned in subsection (3)(a) or (b), attempts to leave Singapore without the approval of the Director shall be guilty of an offence.
Amended [5/2019]
(5)
Any person arrested under subsection (2) must, within 24 hours from the arrest or immediately in the case of a person who gives his or her address as a place outside Singapore, be taken before a Magistrate’s Court, unless before that time his or her true name and residence are ascertained, in which case the person must be immediately released on his or her executing a bond with or without sureties before a police officer not below the rank of inspector for the person’s appearance before a Magistrate’s Court, if so required.
Amended [10/2008]
(6)
Without affecting subsection (5), a person arrested must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.
Amended [10/2008]
(7)
The Director may issue any order under this Act for the isolation, surveillance, medical examination or medical treatment of a person arrested under subsection (3).
Amended [10/2008]
(8)
A police officer or Health Officer may, instead of arresting a person mentioned in subsection (3), take such measures as he or she thinks fit —
(a)
in a case where that person is to be isolated —
(i)
to cause that person to be taken to the place where he or she is to be isolated; or(ii)to ensure that the person remains in isolation in his or her own dwelling place,for such period of time and subject to such conditions as the Director thinks necessary for the protection of the public;
(b)
in a case where that person is to undergo surveillance, to cause that person to undergo surveillance for such period of time and subject to such conditions as the Director thinks necessary for the protection of the public; or(c)in a case where that person is to undergo medical examination or medical treatment, to cause that person to be medically examined or treated.
Amended [10/2008; 5/2019]
(9)
The measures mentioned in subsection (8) may extend to —
(a)
the entry into any premises without a warrant; and(b)the use of such force as may be necessary.
Amended [10/2008]
Section 56A
Repealed / deleted
[Repealed by Act 10 of 2008]
Section 57
Police officer or Health Officer may demand names and addresses in certain cases
Amended [11/2019]Amended [11/2019]
(1)
Any person who is required by any police officer, or by any Health Officer authorised in that behalf by the Director‑General, the Director‑General, Food Administration or the Director, must on demand give the person’s name and address and other proof of identity to the police officer or Health Officer, as the case may be.
Amended [11/2019]
(2)
The occupier of any premises must, if required by any police officer or by a Health Officer authorised in that behalf by the Director‑General, the Director‑General, Food Administration or the Director, give the occupier’s name and address and other proof of identity and the name and address of the owner of the premises, if known.
Amended [11/2019]
(3)
Any person who fails to comply with any requirement properly made to the person by a police officer or Health Officer under subsection (1) or (2), or wilfully mis‑states the person’s name and address or the name and address of the owner of any premises, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
Section 57A
Disclosure of information by Director to prevent spread or possible outbreak of infectious disease, etc.
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008]Amended [10/2008; 5/2019]Amended [10/2008]
(1)
Subject to subsection (2), the Director may disclose any information obtained by him or her under this Act which identifies any person who is, or is suspected to be, a case or carrier or contact of an infectious disease —
(a)
to any person if the disclosure is necessary for the person to take measures to prevent the spread or possible outbreak of the infectious disease; or(b)to the World Health Organization or a State Party to the World Health Organization if the disclosure is necessary to comply with an international obligation of Singapore.
Amended [10/2008; 5/2019]
(2)
The Director may, in disclosing any information to any person under subsection (1)(a), impose any conditions that the Director thinks fit and the person to whom the information is disclosed must comply with the conditions.
Amended [10/2008; 5/2019]
(3)
A person to whom the Director has disclosed any information under subsection (1)(a) may only disclose or use the information to the extent necessary for implementing any measure permitted by the Director for the purpose of preventing the spread or possible outbreak of that infectious disease, but not otherwise.
Amended [10/2008]
(4)
Any person who —
(a)
fails to comply with any condition imposed under subsection (2); or(b)contravenes subsection (3),shall be guilty of an offence.
Amended [10/2008; 5/2019]
(5)
This section applies without affecting any other right of disclosure under this Act or any other written law or rule of law.
Amended [10/2008]
Section 57B
Disclosure of information to prevent spread or possible outbreak of infectious disease, etc., as authorised by Director
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
The Director may, by written notice, authorise a healthcare provider to disclose to a specified recipient information, which identifies any person —
(a)
as a case or carrier or contact of an infectious disease (called in this section the affected person); or(b)as being suspected to be an affected person,to enable the specified recipient to take the necessary measures to prevent the spread or possible outbreak of the infectious disease.
Amended [5/2019]
(2)
The Director may, in authorising the disclosure of any information under subsection (1) by a healthcare provider, impose any conditions on the healthcare provider or the specified recipient of that information, and the healthcare provider or specified recipient (as the case may be) must comply with the conditions.
Amended [5/2019]
(3)
A specified recipient of information provided under subsection (1) may disclose that information to another person providing a prescribed healthcare service to an affected person on behalf of the specified recipient, or use that information, only to the extent necessary to take the necessary measures to prevent the spread or possible outbreak of that infectious disease, but not otherwise.
Amended [5/2019]
(4)
Any person who, without reasonable excuse —
(a)
fails to comply with any condition imposed under subsection (2); or(b)contravenes subsection (3),shall be guilty of an offence.
Amended [5/2019]
(5)
This section does not affect any other right of disclosure under any written law or rule of law.
Amended [5/2019]
Definition
“healthcare provider” means any person that provides a prescribed healthcare service;
Definition
“prescribed healthcare service” means any healthcare service prescribed for the purposes of this section;
Definition
“specified recipient” means any person that provides a prescribed healthcare service to an affected person.
Amended [5/2019]
Section 58
Extraordinary powers in relation to emergency measures
Amended [5/2019]
(1)
The Director may, with the approval of the appropriate Minister, formulate and implement emergency measures for the control of an infectious disease in any area and those measures must be published in the Gazette before implementation.
Amended [5/2019]
(2)
Any person who wilfully neglects or refuses to carry out or obstructs the execution of any emergency measure formulated and implemented 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 6 months or to both.
Section 59
Police assistance
The Commissioner of Police must provide such police assistance as may be necessary to carry out any of the provisions of this Act.
Part 7A
NATIONAL PUBLIC HEALTH RESEARCH
Section 59A
National public health research
Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [10/2008; 5/2019]Amended [5/2019]Amended [5/2019]Amended [10/2008]Amended [10/2008; 5/2019]
(1)
The Director may, if the Director considers it to be in the public interest, from time to time undertake or facilitate any research that the Director thinks is necessary to increase or acquire new knowledge on, or to discover or create new or improved materials, devices, processes or products for the detection, prevention or treatment of —
(a)
any infectious disease; or(b)any other disease which is, or which the appropriate Minister suspects to be, of an infectious nature, and which the appropriate Minister, by notification in the Gazette, declares to be a disease to which this section applies.
Amended [10/2008; 5/2019]
(2)
In deciding whether to undertake or facilitate any research under subsection (1), the Director must consider the extent to which all or any of the following factors exist:
(a)
whether there is an outbreak or a significant likelihood of an outbreak in Singapore of the disease to which the research relates;
(b)
whether the disease to which the research relates poses a substantial risk of a significant number of human fatalities or incidents of serious disability in Singapore; (c)whether the new knowledge that may be acquired or the new or improved materials, devices, processes or products that may be discovered or created as a result of the research will result in any significant public health benefit to Singapore.
Amended [10/2008; 5/2019]
(3)
For the purposes of any national public health research, the Director may —
(a)
require any person to provide the Director, within such time as the Director may specify, with —
(i)
such information in the possession or control of that person as the Director may consider necessary or appropriate; and(ii)any sample (including any human sample) in the possession or control of that person, whether taken pursuant to this Act or otherwise, as the Director may consider necessary or appropriate; (b)require any medical practitioner, over such period as the Director may specify, to obtain, with the requisite consent, such information or samples (including human samples) as the Director may consider necessary or appropriate from the patients under the medical practitioner’s care, and to provide the information or samples to the Director; and(c)use any other information or samples obtained by the Director under this Act.
Amended [10/2008; 5/2019]
(4)
Where any person is required by the Director to furnish any information or human sample under subsection (3), the person must cause the information or human sample to be anonymised before it is furnished to the Director, unless the Director directs otherwise.
Amended [10/2008; 5/2019]
(5)
For the purpose of any national public health research, the Director may do all or any of the following:
(a)
send any information or sample received by the Director under this Act to a third party to carry out such test, examination or analysis as the Director may consider necessary;
(b)
provide any information or sample received by the Director under this Act to a third party who is engaged in any national public health research;
(c)
impose any conditions that the Director thinks fit on the third party mentioned in paragraph (a) or (b).
Amended [5/2019]
(6)
If the Director is satisfied that any national public health research can be carried out only if any individually‑identifiable information or individually‑identifiable human sample is provided under this section, the Director may require, use, send or provide that individually‑identifiable information or individually‑identifiable human sample under this section for the purposes of the national public health research.
Amended [5/2019]
(7)
It shall be an offence for any person —
(a)
without reasonable excuse, to refuse to provide any information or sample when required to do so by the Director under subsection (3);
(b)
to deliberately identify or attempt to identify, from any anonymised information or human sample received by the person from the Director pursuant to subsection (5), the identity of the individual to whom the information relates or from whom the human sample was obtained; or(c)to breach any condition imposed under subsection (5).
Amended [10/2008]
Definition
“anonymised”, in relation to any information or human sample, means the removal of identifying details from the information or sample so that the identity of the individual from whom the information or sample was obtained cannot be readily discovered or ascertained by the recipient of the information or sample;
Definition
“human sample” means a specimen of any substance or matter obtained from any individual;
Definition
“national public health research” means any research that the Director decides to undertake or facilitate under subsection (1);
Definition
“requisite consent” means —
(a)
the consent, given in the prescribed form and manner, of the person from whom any information or sample is to be obtained under subsection (3)(b); or(b)where the person mentioned in paragraph (a) is unable to give his or her own consent because of age, infirmity of mind or body or any other cause, the consent, given in the prescribed form and manner, of such other individual who is authorised by the regulations to give consent for and on behalf of the person.
Amended [10/2008; 5/2019]
Part 8
MISCELLANEOUS
Section 60
Service of notices, orders or other documents
(1)
Any notice, order or other document required or authorised by this Act to be served on any person may be served —
(a)
by delivering it to the person or to an adult member or employee of his or her family or household at his or her usual or last known place of residence;
(b)
by leaving it at his or her usual or last known place of residence or business in an envelope addressed to the person;
(c)
by sending it by post to him or her at his or her usual or last known place of residence or place of business in Singapore;
(d)
in the case of a body corporate, by delivering it to the secretary of the body corporate at its registered or principal office or sending it by post to the secretary of that body corporate at that office;
(e)
if the document is to be served on the master of a vessel or on a person on board a vessel, by delivering it to any person being or appearing to be in command or charge of the vessel; or(f)if the document is to be served on the master of a vessel and there is no master, by serving it on the owner of the vessel or on the agent of the owner or, where no such agent is known or can be found, by affixing it on a conspicuous part of the vessel.
(2)
Any notice, order or other document required by this Act to be served on the owner or occupier of any premises or vessel or on the master of any vessel is deemed to be properly addressed if addressed by the description of the “owner” or “occupier” or “master” of the premises or vessel (as the case may be) without specifying any further name or description.
(3)
A notice, order or other document required by this Act to be served on the owner or occupier of any premises may be served by delivering it to an adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on a conspicuous part of the premises.
Section 61
Default in compliance with notice
Amended [7/2003]
Where any notice served in accordance with section 60 requires any act to be done or work to be executed by the owner or the occupier or the person in charge of any premises or vessel and there is default in complying with the requirement of the notice, the owner, occupier or the person in default shall, where no fine is specially provided for the default, be guilty of an offence and shall be liable on conviction to fine not exceeding $10,000.
Section 62
Inaccuracies in documents
(1)
Any misnomer or inaccurate description of any person, thing or place named or described in any document prepared, issued or served under or for the purposes of this Act does not in any way affect the operation of this Act as respects that person, thing or place if that person, thing or place is so designated in the document as to be identifiable.
Section 63
Evidence
Amended [11/2019]Amended [11/2019]
(1)
All records, registers and other documents kept by the Director‑General, the Director‑General, Food Administration, the Director, any Port Health Officer or Health Officer or officer of the Board for the purposes of this Act are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by such officer with his or her name and his or her official title are admissible in evidence as proof of the contents of the documents or extracts from the documents.
Amended [11/2019]
(2)
In any proceedings for the recovery of costs and expenses incurred by the Director‑General, the Director‑General, Food Administration, the Director, a Port Health Officer or a Health Officer, a certificate purporting to be under the hand of the Director‑General, the Director‑General, Food Administration or the Director and specifying —
(a)
the costs and expenses claimed as due and payable; and(b)the person named in the certificate as liable for the payment of the costs and expenses,is prima facie evidence of the facts certified and of the signature of the Director‑General, the Director‑General, Food Administration or the Director thereto, as the case may be.
Amended [11/2019]
Section 64
Obstruction of persons executing power, etc.
Any person who —
(a)
in any way hinders or obstructs or assists in hindering or obstructing any person in the exercise of any power conferred by this Act; or(b)being required to provide any information or documents under this Act (including as a condition of any order, notice or requirement made or given), provides any information or document which the person knows to be false or misleading,shall be guilty of an offence.
Section 65
General penalties
Amended [7/2003]
Any person guilty of an offence under this Act for which no penalty is expressly provided shall —
(a)
in the case of a first offence, be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both; and(b)in the case of a second or subsequent offence, be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
Section 66
Offences triable by Magistrate’s Court
Every offence under this Act may be tried by a Magistrate’s Court, and that Court may, despite anything in the Criminal Procedure Code 2010, award the full punishment with which the offence is punishable.
Section 67
Protection from personal liability
Amended [5/2019; 11/2019]
No liability shall lie personally against the Director, the Director‑General, the Director‑General, Food Administration or any Health Officer, Port Health Officer, police officer or authorised person mentioned in section 17A(7) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Section 67A
Immunity from liability for disclosure
Amended [5/2019]
No person commits an offence under any written law or any breach of confidence, incurs any civil liability or is liable to any disciplinary action by a professional body, by virtue merely of disclosing any information or providing any thing, in good faith and with reasonable care —
(a)
in accordance with any requirement under this Act; or(b)as authorised by the Director under section 57B.
Section 67B
Offences by corporations
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that —
(a)
an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and(b)the officer, employee or agent had that state of mind,is evidence that the corporation had that state of mind.
Amended [5/2019]
(2)
Where a corporation commits an offence under this Act, a person —
(a)
who is —
(i)
an officer of the corporation, or a member of a corporation (in the case where the affairs of the corporation are managed by its members); or(ii)an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and(b)who —
(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or(iii)knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly.
Amended [5/2019]
(3)
A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear.
Amended [5/2019]
(4)
To avoid doubt, this section does not affect the application of —
(a)
Chapters 5 and 5A of the Penal Code 1871; or(b)the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
Amended [5/2019]
(5)
To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence.
Amended [5/2019]
Definition
“corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005;
Definition
“officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes any person purporting to act in any such capacity;
Definition
“state of mind” of a person includes —
(a)
the knowledge, intention, opinion, belief or purpose of the person; and(b)the person’s reasons for the intention, opinion, belief or purpose.
Amended [5/2019]
Section 67C
Offences by unincorporated associations or partnerships
Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that —
(a)
an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and(b)the employee or agent had that state of mind,is evidence that the unincorporated association or partnership had that state of mind.
Amended [5/2019]
(2)
Where an unincorporated association or a partnership commits an offence under this Act, a person —
(a)
who is —
(i)
an officer of the unincorporated association or a member of its governing body;
(ii)
a partner in the partnership; or(iii)an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and(b)who —
(i)
consented or connived, or conspired with others, to effect the commission of the offence;
(ii)
is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or(iii)knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence,shall be guilty of the same offence as is that unincorporated association or partnership, and shall be liable on conviction to be punished accordingly.
Amended [5/2019]
(3)
A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear.
Amended [5/2019]
(4)
To avoid doubt, this section does not affect the application of —
(a)
Chapters 5 and 5A of the Penal Code 1871; or(b)the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence.
Amended [5/2019]
(5)
To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence.
Amended [5/2019]
Definition
“officer”, 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, and includes —
(a)
any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and(b)any person purporting to act in any such capacity;
Definition
“state of mind” of a person includes —
(a)
the knowledge, intention, opinion, belief or purpose of the person; and(b)the person’s reasons for the intention, opinion, belief or purpose.
Amended [5/2019]
Section 68
Composition of offences
Amended [5/2019; 11/2019]Amended [5/2019; 11/2019]Amended [11/2019]Amended [5/2019]Amended [5/2019]Amended [5/2019]
(1)
The Director may compound any offence under this Act that is not mentioned in subsection (2) or (3) but is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4).
Amended [5/2019; 11/2019]
(2)
The Director-General may compound any offence under sections 28, 29, 33 to 37 and 40 to 45 if that is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4).
Amended [5/2019; 11/2019]
(3)
The Director-General, Food Administration may compound any offence under section 38 or 39 if that is prescribed as a compoundable offence by the appropriate Minister under section 73, by collecting from a person reasonably suspected of having committed the offence a sum described in subsection (4).
Amended [11/2019]
(4)
The composition sum for the purposes of compounding a compoundable offence under subsection (1), (2) or (3) is 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.
Amended [5/2019]
(5)
On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.
Amended [5/2019]
(6)
All sums collected under this section must be paid into the Consolidated Fund.
Amended [5/2019]
Section 69
Fees, etc., collected by Director and Director-General
Amended [11/2019]Amended [11/2019]
(1)
All fees, charges and moneys collected by the Director in connection with the administration of this Act must be paid into the Consolidated Fund.
Amended [11/2019]
(2)
All fees, charges and moneys collected by the Director‑General in connection with the administration of this Act must be paid to the Agency.
Amended [11/2019]
Section 70
Amendment of Schedules
The appropriate Minister may, by notification in the Gazette, amend any of the Schedules.
Section 71
Exemption
The appropriate Minister may, subject to such conditions and for such period or periods as he or she thinks fit, exempt any person, premises, vessel, vehicle or article or any class of persons, premises, vessels, vehicles or articles from any of the provisions of this Act.
Section 72
Other written law not affected
Except so far as may be expressly provided in this Act, nothing in this Act limits or affects in any way any other written law.
Section 73
Regulations
Amended [10/2008; 5/2019]Amended [5/2019]
(1)
The appropriate Minister may make regulations for carrying out the purposes and provisions of this Act for which he or she is responsible.
(2)
Without limiting subsection (1), the appropriate Minister may make regulations with respect to all or any of the following matters:
(a)
the establishment and maintenance of quarantine stations for persons and animals, and for regulating the management of the stations;
(b)
the cleansing, disinfecting, fumigating and treatment of vessels and premises;
(c)
the prohibition on import, export or transhipment of infected merchandise, articles or clothing;
(d)
the prescribing of measures to be taken for the prevention of the spread or transmission of infection by means of any vessel or vehicle departing from any infected area of Singapore;
(e)
the prohibition and regulation of the removal of fodder, litter, dung, human dejecta, wastewater and other things;
(f)
the prescribing of the notification and supply of information by medical practitioners of cases of infectious diseases treated by them;
(g)
the prohibition and regulation of vaccinations and other prophylaxis and the issuance of certificates relating thereto;
(h)
the prescribing of any measure, the prohibition of any act, or the imposing of a duty to do any act, necessary to prevent or control the spread or possible outbreak of an infectious disease;
(i)
the prescribing of fees and charges and of any matter which by this Act is required to be prescribed.
Amended [10/2008; 5/2019]
(3)
The appropriate Minister may, in making any regulations, provide that any contravention of or failure to comply with any regulation shall be an offence punishable with a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)
The appropriate Minister may, in making regulations, specify —
(a)
different prescribed times and prescribed infectious diseases in relation to different classes of persons who are required to notify the Director under section 6; and(b)for the purposes of section 21B —
(i)
the relevant operators;
(ii)
the classes of relevant persons to whom a relevant operator may be required to disseminate any health advisory; and(iii)the types of information that may be obtained from different classes of relevant operators.
Amended [5/2019]
Schedule 1
Infectious diseases
FIRST SCHEDULESections 2 and 70Infectious diseases1.Acute Hepatitis A2.Acute Hepatitis B3.Acute Hepatitis C4.Acute Hepatitis E5.Avian Influenza6.Botulism7.Campylobacteriosis8.Chikungunya Fever9.Cholera10.Coronavirus Disease 2019 (COVID-19)11.Dengue Fever12.Dengue Haemorrhagic Fever13.Diphtheria14.Ebola Virus Disease (EVD)15.Haemophilus Influenzae Type b (Hib) Disease16.HIV Infection17.Japanese Encephalitis18.Legionellosis19.Leprosy20.Leptospirosis21.Malaria22.Measles23.Melioidosis24.Meningococcal Disease25.Middle East Respiratory Syndrome Coronavirus Infection (MERS‑CoV)26.Mumps27.Murine Typhus28.Nipah Virus Infection29.Paratyphoid30.Pertussis31.Plague32.Pneumococcal Disease (Invasive)33.Poliomyelitis34.Rabies35.Rubella36.Salmonellosis37.Severe Acute Respiratory Syndrome (SARS)38.Sexually Transmitted Infections —
(a)
Chlamydial Genital Infection(b)Gonorrhoea(c)Syphilis39.Tetanus40.Typhoid41.Tuberculosis42.Yellow Fever43.Zika Virus Infection[S 614/2008; S 176/2009; S 618/2010; S 183/2013; S 395/2014; S 523/2014; S 37/2016; S 451/2016; S 61/2019; S 68/2020; S 140/2020]
Schedule 2
Dangerous infectious diseases
SECOND SCHEDULESections 2, 21A(1), (2), (3) and (6) and 70Dangerous infectious diseases1.Coronavirus Disease 2019 (COVID-19)2.Ebola3.Middle East Respiratory Syndrome Coronavirus Infection (MERS‑CoV)4.Plague5.Severe Acute Respiratory Syndrome (SARS)6.Yellow Fever[5/2019; S 68/2020; S 140/2020]
Schedule 3
Requirements as to vaccination and other prophylaxis
THIRD SCHEDULESections 31(1) and 70Requirements as to vaccination and other prophylaxis1. Yellow Fever — Every person who is going to or coming from or has passed through any country which is wholly or partly endemic for yellow fever must be vaccinated against yellow fever —
(a)
at a private hospital or medical clinic in Singapore designated by the Director; or(b)at a yellow fever vaccination centre designated by a State Party to the World Health Organization.[S 615/2008]
Schedule 4
Diseases against which a child is to be vaccinated
FOURTH SCHEDULESections 46(1) and 70Diseases against which a child is to be vaccinated1.Diphtheria2.Measles