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Wearing and possession of uniforms, etc., by others

Civil Defence Act 1986

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—(1) A person who, when the person is not a member —(a)wears or possesses any SCDF uniform, or uses any SCDF insignia —(i)for the purpose of personating or representing himself or herself as a member; or(ii)knowing that it is likely to cause any member of the public to believe that he or she is a member;(b)uses the designation of a member or a rank of the Force, in connection with any business, occupation or employment —(i)for the purpose of personating or representing himself or herself as a member; or(ii)knowing that it is likely to cause any member of the public to believe that he or she is a member; (c)represents himself or herself, by word or conduct, to be a member for the purpose of personating or representing himself or herself as a member; or(d)wears or possesses any SCDF uniform, or uses any SCDF insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —(i)that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Force;(ii)that the Force has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Force; or(iii)that the person has the sponsorship or approval of the Force for any goods or services provided by or on behalf of the person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(2) A member who wears an SCDF uniform or uses any SCDF insignia otherwise than —(a)in the course of, and for the purpose of, exercising the functions of a member; or(b)for such other purpose authorised in writing by the Commissioner,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(3) It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —(a)the accused had the express permission of the Commissioner to wear or possess the SCDF uniform or use the SCDF insignia, as the case may be; or(b)the accused wore or possessed the SCDF uniform or used the SCDF insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.(4) A person (whether or not a member) who —(a)manufactures any SCDF uniform or SCDF insignia otherwise than under an agreement with the Government;(b)sells any SCDF uniform or SCDF insignia to a person who is neither a member nor otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; or(c)gives or provides, whether or not for a consideration, any SCDF uniform or SCDF insignia to a person who is neither a member nor otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia,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 years or to both.(5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —(a)the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the SCDF uniform or SCDF insignia was sold, given or provided was —(i)a member; or(ii)a person otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; or(b)the accused had received from the person to whom the SCDF uniform or SCDF insignia was sold, given or provided, evidence purporting to show that —(i)that person was a member or was otherwise authorised or permitted under subsection (3) to wear or possess the SCDF uniform or use the SCDF insignia; and(ii)it was reasonable to and the accused did accept that evidence as correct.(6) An offence under subsection (1), (2) or (4) is an arrestable offence.(7) In this section —“SCDF insignia” means —(a)any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as pertaining to the Force or as being used by members;(b)any part of any such item; (c)any reasonable imitation of any such item, or part of such item; or(d)any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition;“SCDF uniform” means the uniform of a member, and includes —(a)any part of such a uniform or any accoutrement of a member that is generally recognised as a part of the uniform or accoutrement of a member; or(b)any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement;“sell” includes —(a)exchange or let on hire;(b)offer, expose, possess, send, forward or deliver for sale, exchange or hire; or(c)cause, suffer or allow any sale, exchange or hire;“use”, in relation to SCDF insignia, includes —(a)driving on a public road a vehicle that has on it any SCDF insignia; and(b)using a reproduction or representation of SCDF insignia, but does not include wearing an SCDF uniform.

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