Clause 1
This Act may be cited as the Multi-Level Marketing and Pyramid Selling (Prohibition) (Amendment) Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
/akn/sg/act/bill/2000/14
Multi-Level Marketing and Pyramid Selling (Prohibition) (Amendment) Bill
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Clause 2
Subclause
“(1A) In this Act, “pyramid selling scheme or arrangement” shall be taken not to include such schemes or arrangements for the sale, lease, licence or other distribution of a commodity, or any class of such schemes or arrangements, as the Minister may by order prescribe, subject to such terms or conditions as may be specified in the order.”.
Clause 3
Section 3(2) of the principal Act is amended by deleting “$30,000” and substituting “$200,000”.
Clause 4
Section 4(2) of the principal Act is amended by deleting “$30,000” in the penultimate line and substituting “$200,000”.
Clause 5
Section 6(2) of the principal Act is amended by deleting “$30,000” in the penultimate line and substituting “$200,000”.
Clause 6
(2)
In determining the amount of the penalty that a person, being a participant, shall be required to pay under subsection (1), the court may take into account any benefit that the person may have given for the right to participate in the multi-level marketing scheme or arrangement or pyramid selling scheme or arrangement, as the case may be, or any loss that the person may have incurred as a result of such participation.
(3)
Where a person charged with any offence under section 3(2) is convicted of one or more offences under any other written law, and the outstanding offences are taken into consideration by the court under section 178 of the Criminal Procedure Code (Cap. 68) for the purpose of passing sentence, the court may impose the penalty mentioned in subsection (1) for any offence under this Act so taken into consideration.
(4)
Nothing in subsection (1) shall prejudice or affect any right which any person may have under any written law or rule of law to recover damages from the person referred to in subsection (1).
(1)
Where a court convicts any person of committing an offence of promoting or participating in a multi-level marketing scheme or arrangement or pyramid selling scheme or arrangement under section 3(2), then
(a)
if the person has received any benefit, directly or indirectly, as a result of committing such offence; and(b)if the benefit received by the person is a sum of money or if the value of the benefit can be assessed,the court shall, in addition to imposing on that person any other punishment, order him to pay as a penalty, within such time as may be specified in the order, a sum not exceeding the amount of or, in the opinion of the court, the value of the benefit received by the person, and any such penalty shall be recoverable as a fine.
Clause 11A
A District Court shall, notwithstanding the Criminal Procedure Code (Cap. 68), have jurisdiction to try any offence under this Act or any regulations made thereunder and may impose the full penalty or punishment in respect of such offence.”.