Tobacco Control Amendment Bill

Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Bill

Bill No. 3/2026.

Read the first time on 12 February 2026.

A BILL

intituled

An Act to amend the Tobacco (Control of Advertisements and Sale) Act 1993 to enhance the controls relating to tobacco products, vaporisers and imitation tobacco products, to control the consumption of certain psychoactive substances, to provide for the treatment and rehabilitation of certain persons, to make saving and transitional provisions when these psychoactive substances cease to be controlled drugs under the Misuse of Drugs Act 1973, to amend the Poisons Act 1938 and to make consequential and related amendments to certain other Acts. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act is the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026 and comes into operation on a date that the Minister appoints by notification in the Gazette.

PART 15 AMENDMENT OF TOBACCO (CONTROL OF ADVERTISEMENTS AND SALE) ACT 1993 Replacement of long title

1. In the Tobacco (Control of Advertisements and Sale) Act 1993
   (called in this Part the TCASA), replace the long title with —10 “An Act for the control of advertising, import, sale, possession and use of tobacco products, vaporisers and imitation tobacco products, to control the consumption of certain psychoactive substances, to provide for the treatment and rehabilitation of certain persons and for matters connected therewith.”.15 Amendment of section 1

2. In the TCASA, in section 1, replace “Tobacco (Control of
   Advertisements and Sale) Act 1993” with “Tobacco and Vaporisers Control Act 1993”. Amendment of section 220

3. In the TCASA, in section 2(1) —
   (a) after the definition of “advertisement”, insert — “ “approved institution” has the meaning given by section 2 of the Misuse of Drugs Act 1973;”; (b) replace the definition of “Chief Executive” with —25 “ “Chief Executive” has the meaning given by section 2 of the Health Sciences Authority Act 2001; “child” means any person who is below 16 years of age;”;30

(c) after the definition of “cigarette”, insert — “ “community rehabilitation centre” has the meaning Act 1973;”; (d) replace the definition of “imitation tobacco product” 5 with — “ “imitation tobacco product” means anything mentioned in section 16A(1)(a), but excludes any vaporiser; “inmate” means a person who is detained in an 10 approved institution or a community rehabilitation centre pursuant to an order made under section 19T;”; (e) after the definition of “newspaper”, insert — “ “nicotine analogue” means a substance — 15 (a) the chemical structure of which is similar to the chemical structure of nicotine; or (b) the consumption or use of which has neurological effects that are similar in 20 nature to the neurological effects associated with the consumption or use of nicotine;

. Illustrations Nicotine salts. 25 Nicotine derivatives.”;

(f) after the definition of “premises”, insert — “ “psychoactive effect” means the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the 30 individual’s mental functioning or emotional state;”;

(g) after the definition of “retail outlet”, insert — “ “Review Committee” has the meaning given by section 2 of the Misuse of Drugs Act 1973; “section 14 tobacco product” means a tobacco product that is, or falls within a class of tobacco5 products, described in section 14(1); “section 15 tobacco product” means a tobacco product that is, or falls within a class of tobacco products, described in section 15(1)(a);”; (h) after the definition of “smoking”, insert —10 “ “specified psychoactive substance” means a substance or product specified in the Schedule or falling within a class of substances or products specified in the Schedule, being a substance or product —15 (a) that has the capacity to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product; and20 (b) that is abused or is likely to be abused by using a Part 3A product as defined in section 19A(1);”; (i) in the definition of “tobacco product”, in paragraph (c), delete “or” at the end;25 (j) in the definition of “tobacco product”, in paragraph (d), replace the comma at the end with “; or”; (k) in the definition of “tobacco product”, after paragraph (d), insert — “(e) any article or thing that comprises 2 or30 more components, at least one of which is or contains any form of tobacco, a tobacco derivative, a tobacco substitute or a mixture mentioned in paragraph (d),”;

(l) in the definition of “tobacco substitute”, after “nicotine”, insert “or a nicotine analogue”; (m) after the definition of “use”, insert — “ “vaporiser” means any device or article that is used, intended to be used or described to be suitable for 5 use for the purpose of vaporising any liquid or substance to produce any emission (including any aerosol) for oral inhalation by a user of the device or article, but does not include — (a) any section 15 tobacco product; or 10 (b) a therapeutic product registered under the Health Products Act 2007; “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from 15 any disability or disorder of the mind or brain which impairs the ability to make a proper judgment in relation to the commission of any offence under this Act;”; (n) in the definition of “writing”, replace the full‑stop at the 20 end with a semi‑colon; and (o) after the definition of “writing”, insert — “ “young person” means any person who is below 21 years of age.”. Replacement of Part 3 heading 25

1. In the TCASA, in Part 3, replace the Part heading with —
   “CONTROL OF IMPORT, SALE, ETC., OF TOBACCO PRODUCTS, VAPORISERS AND IMITATION TOBACCO PRODUCTS”. New section 14 30

2. In the TCASA, after section 13, insert —
   “Prohibition of import, sale, possession, etc., of tobacco products containing prescribed substances 14.—(1) Subject to subsection (3), a person must not import into Singapore any prescribed tobacco product or class of tobacco products, being a tobacco product or class of tobacco5 products that contains, or the emissions of which contain — (a) any substance that is prescribed; or (b) any substance in excess of the maximum amount that is prescribed for that substance. (2) Subject to subsection (3), a person must not —10 distribute within Singapore, any tobacco product mentioned in subsection (1);

(c) possess in Singapore any tobacco product mentioned15 in subsection (1) for the purpose of doing any act mentioned in paragraph (a). (3) Subsections (1) and (2) do not apply to any of the following acts by a person: (a) the import of any tobacco product mentioned in20 subsection (1) into Singapore solely for the purpose of taking the tobacco product out of Singapore, whether the tobacco product is taken out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance;25 (b) the transport of any tobacco product mentioned in subsection (1) within Singapore pending the tobacco product being taken out of Singapore; (c) the possession of any tobacco product mentioned in subsection (1) in Singapore pending the tobacco30 product being taken out of Singapore.

(4) To avoid doubt, subsections (1) and (2) apply to — (a) an individual who does any act mentioned in subsection (3) for or on behalf of another individual; or (b) an individual in relation to any tobacco product 5 mentioned in subsection (1) that the individual imports into Singapore for his or her personal use. (5) For the purposes of subsection (1)(a), the Minister may prescribe different substances in relation to different tobacco products or classes of tobacco products. 10 (6) For the purposes of subsection (1)(b), the Minister may prescribe different maximum amounts for different substances in relation to different tobacco products or classes of tobacco products. (7) A person who contravenes subsection (1) or (2) shall be 15 guilty of an offence and shall be liable on conviction — (a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both, unless paragraph (b) applies; or (b) if the person has a prior qualifying conviction, to a 20 fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. (8) In subsection (7), “qualifying conviction” means — (a) a conviction for an offence under subsection (7); or (b) a conviction for an offence under section 15(6) in 25 respect of a contravention of section 15(2) as in force immediately before the date of commencement of section 6 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026.”. 30 Replacement of sections 15 and 16 and new sections 16A, 16B and 16C

1. In the TCASA, replace sections 15 and 16 with — “Prohibition of import, sale, possession, etc., of chewing tobacco, certain prescribed tobacco products and their components 15.—(1) Subject to subsection (4), a person must not import into Singapore —5 (a) any of the following tobacco products: (i) any chewing tobacco; (ii) any prescribed tobacco product or class of tobacco products that is intended, or labelled or described as suitable, for use other than10 smoking; (iii) any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having the effect of encouraging or otherwise promoting smoking15 or other uses of tobacco products; (iv) any prescribed tobacco product or class of tobacco products that, in the Minister’s opinion, has or is capable of having, directly or indirectly, an adverse effect on the health of20 the public or any section of the public; or (b) any component of a tobacco product mentioned in paragraph (a). (2) Subject to subsection (4), a person must not —

distribute within Singapore, anything mentioned in subsection (1)(a) or (b);

(c) possess in Singapore anything mentioned in subsection (1)(a) or (b) for the purpose of doing

(a) subject to subsection (4), possess in Singapore, for a 5 purpose other than that mentioned in subsection (2)(c);

anything mentioned in subsection (1)(a) or (b). 10 (4) Subsections (1), (2) and (3)(a) do not apply to any of the following acts by a person: (a) the import of anything mentioned in subsection (1)(a) or (b) into Singapore solely for the purpose of taking the thing out of Singapore, whether the thing is taken 15 out of Singapore on the same conveyance on which it was brought into Singapore or on another conveyance; (b) the transport of anything mentioned in subsection (1)(a) or (b) within Singapore pending 20 the thing being taken out of Singapore; (c) the possession of anything mentioned in subsection (1)(a) or (b) in Singapore pending the thing being taken out of Singapore. (5) To avoid doubt, subsections (1), (2) and (3)(a) apply to — 25 (a) an individual who does any act mentioned in subsection (4) for or on behalf of another individual; or (b) an individual in relation to anything mentioned in subsection (1)(a) or (b) that the individual imports 30 into Singapore for his or her personal use. (6) A person who contravenes subsection (1) shall be guilty of

for a term not exceeding 9 years; and (b) in addition, shall be liable on conviction to a fine not exceeding $300,000. (7) A person who contravenes subsection (2) shall be guilty of5

for a term not exceeding 6 years; and (b) in addition, shall be liable on conviction to a fine not exceeding $200,000.10 (8) A person who contravenes subsection (3) shall be guilty of

Prohibition of import, sale, possession, etc., of vaporisers and their components15 16.—(1) A person must not import into Singapore any vaporiser or any component of a vaporiser. (2) A person must not —

distribute within Singapore, any vaporiser or any20 component of a vaporiser;

(c) possess in Singapore any vaporiser or any component of a vaporiser for the purpose of doing any act mentioned in paragraph (a).25

(a) possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);

any vaporiser or any component of a vaporiser.

(4) A person who contravenes subsection (1) shall be guilty of

for a term not exceeding 9 years; and (b) in addition, shall be liable on conviction to a fine not 5 exceeding $300,000. (5) A person who contravenes subsection (2) shall be guilty of

for a term not exceeding 6 years; and 10 (b) in addition, shall be liable on conviction to a fine not exceeding $200,000. (6) A person who contravenes subsection (3) shall be guilty of

(7) For the purposes of this section, it is not necessary for a vaporiser or any component of a vaporiser to contain tobacco or a tobacco product or tobacco substitute. Prohibition of import, sale, possession, etc., of imitation tobacco products and their components 20 16A.—(1) A person must not import into Singapore — (a) any article, device or food product — (i) that resembles, or is designed to resemble, a tobacco product; (ii) that is capable of being smoked; 25 (iii) that may be used in such a way as to mimic the act of smoking; or (iv) the packaging of which resembles, or is designed to resemble, the packaging commonly associated with tobacco products; or 30

(b) any component of an article or a device mentioned in paragraph (a).

Illustrations A toy that resembles or is designed to resemble a tobacco product is an example of an article or a device that resembles or is designed to resemble a5 tobacco product. A confectionery that resembles or is designed to resemble a tobacco product is an example of a food product that resembles or is designed to resemble a tobacco product.

(2) A person must not —10 distribute within Singapore, anything mentioned in subsection (1)(a) or (b);

(c) possess in Singapore anything mentioned in15 subsection (1)(a) or (b) for the purpose of doing

(a) possess in Singapore, for a purpose other than that mentioned in subsection (2)(c);20

anything mentioned in subsection (1)(a) or (b). (4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —25 (a) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both, unless paragraph (b) applies; or (b) if the person has a prior qualifying conviction, to a fine not exceeding $200,000 or to imprisonment for a30 term not exceeding 6 years or to both.

(5) A person who contravenes subsection (3) shall be guilty of

(6) For the purposes of this section, it is not necessary for anything mentioned in subsection (1)(a) or (b) to contain 5 tobacco or a tobacco product or tobacco substitute. (7) In subsection (4), “qualifying conviction” means — (a) a conviction for an offence under subsection (4); (b) a conviction for an offence under section 16(4) or (5); (c) a conviction for an offence under section 16(4) or (6) 10 as in force immediately before the date of commencement of section 7 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other Matters Act 2026; or (d) a conviction for an offence under section 16(2) as in 15 force immediately before 1 August 2016. Presumption relating to possession and knowledge of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products 16B.—(1) This section applies to and in relation to an offence 20 under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4). (2) A person who is proved to have had in the person’s possession or custody or under the person’s control — (a) anything containing an applicable product or any component of an applicable product; 25 (b) the keys of anything containing an applicable product or any component of an applicable product; (c) the keys of any premises (other than a conveyance or part of a conveyance) in Singapore in which an applicable product or any component of an applicable 30 product is found; or

(d) a document of title relating to an applicable product or any component of an applicable product, or any other document intended for the delivery of an applicable product or any component of an applicable product, is presumed, until the contrary is proved, to have had that5 applicable product or component in the person’s possession. (3) Where one of 2 or more persons with the knowledge and consent of the rest has in the person’s possession an applicable product or any component of an applicable product, the applicable product or component is deemed to be in the10 possession of each and all of those persons. (4) A person who is proved or presumed to have had an applicable product or any component of an applicable product in the person’s possession is presumed, until the contrary is proved, to have known the nature of that applicable product or15 component. (5) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product. (6) In this section and section 16C, “applicable product”20 means a section 14 tobacco product, a section 15 tobacco product, a vaporiser or an imitation tobacco product. Presumption relating to vehicles and trailers 16C.—(1) This section applies to and in relation to an offence under section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4).25 (2) If an applicable product or any component of an applicable product is found in any vehicle or trailer, that applicable product or component is presumed, until the contrary is proved, to be in the possession of the person in charge of the vehicle or trailer for the time being.30 (3) The presumption provided for in subsection (2) is not to be rebutted by proof that the accused never had physical possession of the applicable product or component of an applicable product.”.

Amendment of section 17

1. In the TCASA, in section 17 —
   (a) replace subsection (1) with — “(1) A person must not — (a) import into Singapore a tobacco product 5 which, or the packaging or labelling of which, does not comply with subsection (3); (b) sell or give in Singapore, or transport, send, deliver or distribute within Singapore a 10 tobacco product mentioned in paragraph (a); (c) offer to do any act mentioned in paragraph (b); or (d) possess in Singapore a tobacco product 15 mentioned in paragraph (a) for the purpose of doing any act mentioned in paragraph (b).”; and (b) in subsection (2), after “import of tobacco products into Singapore”, insert “by a person (other than an individual)”. 20 Amendment of section 18

2. In the TCASA, in section 18(11), replace “section 15” with
   “section 14 or 15”. New section 18A

3. In the TCASA, after section 18, insert — 25
   “Offence of permitting or allowing storage or keeping of section 14 tobacco products, section 15 tobacco products, vaporisers and imitation tobacco products 18A.—(1) Subject to subsection (2), an owner or occupier (X) of any land, building or place in Singapore, or any part of any 30 land, building or place in Singapore, shall be guilty of an offence if X permits or allows any other person to store or keep anything

that is an applicable product or any component of an applicable product in or on the land, building or place, unless X has exercised due care to ascertain that the thing is not an applicable product or a component of an applicable product. (2) Subsection (1) does not apply to the keeping in —5 (a) any area in Singapore which has been declared to be a free trade zone under section 3(1) of the Free Trade Zones Act 1966; or (b) any licensed warehouse within the meaning given by section 3(1) of the Customs Act 1960,10 of any applicable product or component of an applicable product that is imported into Singapore solely for the purpose of taking that applicable product or component out of Singapore, for the duration that the applicable product or component is kept pending its being taken out of Singapore.15 (3) A person who is guilty of an offence under subsection (1) shall be liable on conviction — (a) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in the case of a second or subsequent conviction, to a20 fine not exceeding $200,000 or to imprisonment for a term not exceeding 6 years or to both. (4) In this section, “applicable product” has the meaning given by section 16B(6).”. New Part 3A25

1. In the TCASA, after Part 3, insert — “PART 3A CONTROL OF PART 3A PRODUCTS CONTAINING SPECIFIED PSYCHOACTIVE SUBSTANCES, AND TREATMENT AND REHABILITATION Division 1 — Preliminary 5 Interpretation of this Part 19A.—(1) In this Part — “Part 3A product” means any of the following products: (a) any tobacco product; (b) any imitation tobacco product; 10 (c) any vaporiser; (d) any component of a product mentioned in paragraph (a), (b) or (c); “supervising officer” means an officer of the Authority appointed by the Chief Executive under subsection (2). 15 (2) The Chief Executive may appoint any officer of the Authority as a supervising officer for the purposes of this Part. Division 2 — Offences involving Part 3A products and specified psychoactive substances Import of Part 3A product containing specified 20 19B.—(1) Except as authorised by this Act, a person commits an offence if the person imports into Singapore any Part 3A product that contains a specified psychoactive substance.

(a) imprisonment for a term of not less than 3 years and not more than 20 years; and (b) not less than 5 strokes and not more than 15 strokes of the cane. 30

Sale, etc., of Part 3A product containing specified

19C.—(1) Except as authorised by this Act, a person commits an offence if the person — (a) sells or gives in Singapore, or transports, sends,5 delivers or distributes within Singapore, any Part 3A product that contains a specified psychoactive

(b) offers to do any act mentioned in paragraph (a); or (c) possesses in Singapore any Part 3A product that10 contains a specified psychoactive substance for the purpose of doing any act mentioned in paragraph (a).

(a) imprisonment for a term of not less than 2 years and15 not more than 10 years; and (b) not less than 2 strokes and not more than 5 strokes of the cane. Possession and purchase of Part 3A product containing specified psychoactive substance20 19D.—(1) Except as authorised by this Act, a person commits an offence if the person — (a) possesses in Singapore, for a purpose other than that mentioned in section 19C(1)(c); or (b) purchases in Singapore,25 any Part 3A product that contains a specified psychoactive

Consumption of specified psychoactive substance 19E.—(1) Except as authorised by this Act, a person commits an offence if the person smokes, inhales or otherwise consumes a specified psychoactive substance.

(3) To avoid doubt, it is not necessary for the specified psychoactive substance mentioned in subsection (1) to be smoked, inhaled or otherwise consumed using a Part 3A 10 product. Offence under section 19E(1) committed outside Singapore by citizen or permanent resident of Singapore 19F.—(1) Section 19E(1) has effect in relation to a person who is a citizen of Singapore or a permanent resident of 15 Singapore outside as well as in Singapore where the person is found as a result of urine tests conducted under section 19J to have smoked, inhaled or otherwise consumed a specified psychoactive substance. (2) Where an offence under section 19E(1) is committed by a 20 person mentioned in subsection (1) in any place outside Singapore, he or she may be dealt with as if that offence had been committed in Singapore. (3) In this section, “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959. 25 Offences involving child or young person and Part 3A product containing specified psychoactive substance 19G.—(1) Subject to subsection (4), a person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A product that contains a specified 30 psychoactive substance (called in this section a Part 3A‑SPS product) —

(a) knowingly or recklessly leaves the Part 3A‑SPS product — (i) exposed in any place; or (ii) in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and5 (b) knows that any child has, or is likely to have, access to — (i) the place where the Part 3A‑SPS product is left exposed; or (ii) the refrigerator, cupboard, cabinet, box, chest or10 other article in which the Part 3A‑SPS product is located. (2) A person of or above 21 years of age commits an offence if the person, being in possession of any Part 3A‑SPS product — (a) permits a young person to use the Part 3A‑SPS15 product to smoke, inhale or otherwise consume a specified psychoactive substance; or (b) does not take all reasonable steps to prevent a young person from using the Part 3A‑SPS product to smoke, inhale or otherwise consume a specified psychoactive20 (3) A person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with — (a) imprisonment for a term not exceeding 10 years; or (b) in the case of a second or subsequent conviction,25 imprisonment for a term of not less than 2 years and not more than 10 years. (4) Subsection (1) does not apply in relation to a person who is in possession of any Part 3A‑SPS product if the possession of the Part 3A‑SPS product is authorised under this Act.30

Causing or procuring young person or vulnerable person to commit certain offences 19H.—(1) A person of or above 21 years of age commits an offence if the person causes or procures any young person or vulnerable person to commit any offence under section 19B(1) 5 or 19C(1).

(a) imprisonment for a term of not less than 4 years and not more than 20 years; and 10 (b) not less than 4 strokes and not more than 15 strokes of the cane. Arranging or planning gatherings where Part 3A products containing specified psychoactive substances are to be used, etc. 15 19I.—(1) Except as authorised by this Act, where there is a gathering of 2 or more persons in any place, a person commits an offence if the person arranges or plans the gathering with the knowledge that any Part 3A product that contains a specified psychoactive substance is, or is to be, used, sold, given or 20 distributed at that gathering. (2) A person who is guilty of an offence under subsection (1) —

for a term of not less than 2 years and not more than 25 10 years; and (b) in addition, shall be liable on conviction to not more than 5 strokes of the cane. (3) A person may be guilty of an offence under subsection (1) even though he or she does not supply any product mentioned in 30 that subsection to be used, sold, given or distributed (as the case may be) at that gathering.

Division 3 — Evidence and enforcement in relation to Division 2 offences Urine tests 19J.—(1) An authorised officer may, if he or she reasonably

section 19E(1), require that person to provide a specimen of the person’s urine for urine tests to be conducted under this section. (2) The Chief Executive may, for the purpose of ensuring that a relevant person no longer has a desire or need to continue to10 smoke, inhale or otherwise consume a specified psychoactive substance or no longer has a psychological or physical dependence on the effect of a specified psychoactive substance, after the relevant time, order the relevant person — (a) to present himself or herself to any authorised officer;15 and (b) to provide a specimen of the relevant person’s urine for urine tests to be conducted under this section as required by such officer. (3) Any serviceman in the Singapore Armed Forces who is20 appointed by the Minister as an enforcement officer may, if the enforcement officer reasonably suspects a person subject to military law under section 3 of the Singapore Armed Forces Act 1972 to have committed an offence under section 19E(1), require that person to provide a specimen of that person’s urine25 for urine tests to be conducted under this section. (4) A person commits an offence if the person, without reasonable excuse, fails to provide a specimen of his or her urine within such time as may be required by any of the officers mentioned in subsection (1), (2) or (3).30 (5) A person who is guilty of an offence under subsection (4)

(6) A person commits an offence if the person, without reasonable excuse, fails to comply with an order under subsection (2). (7) A person who is guilty of an offence under subsection (6) shall be liable on conviction to a fine not exceeding $10,000 or 5 to imprisonment for a term not exceeding 4 years or to both. (8) A specimen of urine provided under this section must be divided into 3 parts and dealt with, in the manner and in accordance with the procedure prescribed, as follows: (a) a preliminary urine test must be conducted on one part 10 of the urine specimen; (b) each of the remaining 2 parts of the urine specimen must be marked and sealed and a urine test must be conducted on each part by a different person, being either an analyst employed by the Authority or any 15 person that the Minister may appoint for such purpose. (9) Despite subsection (8), where upon conducting any preliminary urine test under subsection (8)(a), a part of a urine specimen has tested negative for any specified 20 psychoactive substance, any of the officers mentioned in subsection (1), (2) or (3) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (8)(b). (10) A certificate stating the result of a urine test must be 25 signed by an analyst employed by the Authority or any other person that the Minister appoints for such purpose. (11) An appointment under subsection (8)(b) or (10) must be published in the Gazette. (12) The certificate stating the result of a urine test may be 30 signed by an analyst or a person appointed under subsection (10), even though he or she did not personally conduct the test to analyse the urine specimen, as long as the test was conducted by another person acting under his or her direction. 35

(13) In this section, a specimen of urine may be collected from a person on different occasions within the time mentioned in subsection (4). (14) The Chief Executive may, subject to any limitations that

power under subsection (2) to an officer of the Authority who

(15) A delegation under subsection (14) must be published in

(16) In this section and section 19K — “relevant person” means — (a) any person discharged from an approved institution or a community rehabilitation centre; or15 (b) any person convicted of an offence under — (i) section 19E(1); or (ii) section 26 or 34 of the Singapore Armed Forces Act 1972 involving the consumption of a specified psychoactive20 “relevant time” means — (a) in relation to a person mentioned in paragraph (a) of the definition of “relevant person”, the time the person is discharged from25 the approved institution or community rehabilitation centre; or (b) in relation to a person mentioned in paragraph (b) of the definition of “relevant person”, the time the person is convicted of the30 offence under section 19E(1), or section 26 or 34 of the Singapore Armed Forces Act 1972, as the case may be.

Hair tests 19K.—(1) An authorised officer may, if he or she reasonably section 19E(1), require that person to provide specimens of the person’s hair for a hair test to be conducted under this 5 section. (2) The Chief Executive may, for the purpose of ensuring that a relevant person no longer has a desire or need to continue to smoke, inhale or otherwise consume a specified psychoactive substance or no longer has a psychological or physical 10 dependence on the effect of a specified psychoactive substance, after the relevant time, order the relevant person — (a) to present himself or herself to any authorised officer; and (b) to provide specimens of the relevant person’s hair for 15 a hair test to be conducted under this section as required by such officer. (3) A person commits an offence if the person, without reasonable excuse, fails to provide specimens of his or her hair of such type and quantity as may be required by any of the 20 officers mentioned in subsection (1) or (2). (4) A person who is guilty of an offence under subsection (3)

(5) A person commits an offence if the person, without 25 reasonable excuse, fails to comply with an order under subsection (2). (6) A person who is guilty of an offence under subsection (5) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both. 30 (7) All specimens of hair provided under this section must be marked and sealed for hair testing in accordance with the prescribed procedure.

(8) A certificate stating the result of a hair test must be signed by an analyst employed by the Authority or any other person that the Minister appoints for such purpose. (9) An appointment under subsection (8) must be published in

(10) The certificate stating the result of a hair test may be signed by an analyst or a person appointed under subsection (8), even though he or she did not personally conduct the test to analyse the specimens of hair, as long as the test was conducted by another person acting under his or her direction.10 (11) The Chief Executive may, subject to any limitations that power under subsection (2) to an officer of the Authority who

(12) A delegation under subsection (11) must be published in

Oral fluid tests 19L.—(1) An authorised officer may, if he or she reasonably

section 19E(1), require that person to provide one or more specimens of the person’s oral fluid for the purpose of conducting any oral fluid test. (2) A person commits an offence if the person, without reasonable excuse, fails to provide any specimen of the person’s25 oral fluid as required by the authorised officer under subsection (1). (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.30 (4) In this section — “oral fluid test” means a test carried out by an oral fluid testing device for the purpose of ascertaining whether

any specified psychoactive substance is present in a person’s oral fluid; “oral fluid testing device” means any device that is designed to indicate the presence of any specified psychoactive substance in a person’s oral fluid. 5 Presumption relating to consumption of specified

19M. If any specified psychoactive substance is found in the urine of a person as a result of both urine tests conducted under section 19J(8)(b), the person is presumed, until the contrary is 10 proved, to have consumed that specified psychoactive substance in contravention of section 19E(1). Presumption relating to possession and knowledge of Part 3A product containing specified psychoactive substance 15 19N.—(1) The provisions of this section apply as follows: (a) subsections (2), (3), (4) and (5) apply to and in relation to an offence under section 19B(1) or 19C(1); (b) subsections (4) and (5) apply to and in relation to an offence under section 19D(1). 20 (2) A person who is proved to have had in the person’s possession or custody or under the person’s control — (a) anything containing a Part 3A product that contains a specified psychoactive substance (called in this section a Part 3A‑SPS product); 25 (b) the keys of anything containing a Part 3A‑SPS product; (c) the keys of any premises (other than a conveyance or part of a conveyance) in Singapore in which a Part 3A‑SPS product is found; or 30

(d) a document of title relating to a Part 3A‑SPS product or any other document intended for the delivery of a Part 3A‑SPS product, is presumed, until the contrary is proved, to have had that Part 3A‑SPS product in the person’s possession.5 (3) Where one of 2 or more persons with the knowledge and consent of the rest has a Part 3A‑SPS product in the person’s possession, that Part 3A‑SPS product is deemed to be in the possession of each and all of those persons. (4) A person who is proved or presumed to have had a10 Part 3A‑SPS product in the person’s possession is presumed, until the contrary is proved, to have known that the Part 3A‑SPS product is a Part 3A product that contains a specified psychoactive substance, whether or not that person knows the name or chemical composition of the specified psychoactive15 (5) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the Part 3A‑SPS product. Presumption relating to vehicles and trailers20 19O.—(1) This section applies to and in relation to an offence under section 19B(1) or 19C(1). (2) If a Part 3A product that contains a specified psychoactive substance (called in this section a Part 3A‑SPS product) is found in any vehicle or trailer, that Part 3A‑SPS product is presumed,25 until the contrary is proved, to be in the possession of the person in charge of the vehicle or trailer for the time being. (3) The presumption provided for in subsection (2) is not to be rebutted by proof that the accused never had physical possession of the Part 3A‑SPS product.30

Proof of psychoactive effect of specified psychoactive substance 19P.—(1) Any substance or product that is specified in the Schedule is presumed, until the contrary is proved, to have the capacity to have a psychoactive effect on an individual if the 5 individual smokes, inhales or otherwise consumes, the substance or product. (2) Where knowledge that a substance or product is a specified psychoactive substance is a fault element of an offence in this Act, that fault element is established if the person alleged to have 10 committed the offence knows that the specified psychoactive substance has the capacity, or is presumed to have the capacity, to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product, whether or not that person knows the name or 15 chemical composition of the specified psychoactive substance. Protection of informers 19Q.—(1) Except as provided in subsection (3), no witness in any civil or criminal proceedings commenced on or after the date of commencement of section 11 of the Tobacco (Control of 20 Advertisements and Sale) (Amendment) and Other Matters Act 2026 is obliged or permitted — (a) to disclose the identity of an informer who has given any information (whether the information is given before, on or after that date) with respect to an offence 25 under this Part; or (b) to answer any question if the answer to the question would lead, or would tend to lead, to the discovery of the identity of the informer. (2) If any document which is in evidence or liable to 30 inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so

far only as may be necessary to protect the informer from discovery. (3) If — (a) in any proceedings for an offence under any written law, the court, after full enquiry into the case, believes5 that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or (b) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to10 the proceedings without the discovery of the informer, the court may permit enquiry and require full disclosure concerning the informer. Division 4 — Treatment and rehabilitation Community‑based rehabilitation15 19R.—(1) If the Chief Executive — (a) has reasonable grounds to believe that a person — (i) has smoked, inhaled or otherwise consumed a specified psychoactive substance without being authorised to do so; or20 (ii) has smoked, inhaled or otherwise consumed any other substance using a section 15 tobacco product or vaporiser; and (b) is of the opinion that it is necessary for the person to undergo rehabilitation,25 the Chief Executive may make an order requiring that person to undergo community‑based rehabilitation under the supervision of a supervising officer for a period not exceeding 2 years. (2) For the purposes of subsection (1), the reasonable grounds to believe that the fact in paragraph (a)(i) or (ii) of that30 subsection (as the case may be) exists include any of the following:

(a) in relation to the fact in paragraph (a)(i) of that subsection — (i) a positive urine or hair test result of the person under section 19J or 19K, respectively, for a specified psychoactive substance; or 5 (ii) observation of any erratic or disoriented conduct of the person, where the person is also found in possession of a Part 3A product that contains a specified psychoactive

(b) in relation to the fact in paragraph (a)(ii) of that subsection — observation of the person using a section 15 tobacco product or vaporiser; (c) an admission by the person — (i) that he or she has smoked, inhaled or otherwise 15 consumed a specified psychoactive substance; or (ii) that he or she has smoked, inhaled or otherwise consumed any other substance using a section 15 tobacco product or vaporiser. 20 (3) The Chief Executive may make an order directing a person — (a) who has been discharged from an approved institution or a community rehabilitation centre mentioned in section 19T; 25 (b) who has been convicted of an offence under — (i) section 15(8) in respect of a contravention of section 15(3)(c); (ii) section 16(6) in respect of a contravention of section 16(3)(c); 30 (iii) section 16A(5) in respect of a contravention of section 16A(3)(c); or (iv) section 19E(1);

(c) who has accepted an offer of composition under section 34 in relation to a suspected offence under — (i) section 15(8) in respect of a contravention of section 15(3)(c); (ii) section 16(6) in respect of a contravention of5 section 16(3)(c); (iii) section 16A(5) in respect of a contravention of section 16A(3)(c); or (iv) section 19E(1); or (d) who has been discharged from a military detention10 barrack to which the person was committed, while being subject to military law, for an offence under — (i) section 19E(1); or (ii) section 26 or 34 of the Singapore Armed Forces Act 1972 involving the consumption of a15 specified psychoactive substance, to undergo community‑based rehabilitation under the supervision of a supervising officer for such period, not exceeding 2 years, as the Chief Executive considers necessary and to report to a supervising officer for that purpose.20 (4) A person in respect of whom an order is made under subsection (1) or (3) is to undergo community‑based rehabilitation for the period of time specified in the order, unless the Chief Executive revokes the order under subsection (9) or amends that period under subsection (7) or (8).25 (5) An order made under subsection (1) or (3) may require the person subject to the order to comply during the whole or any part of the period of community‑based rehabilitation with any of the following requirements that the Chief Executive, having regard to the circumstances of the case, considers necessary for30 the rehabilitation of that person: (a) present himself or herself for counselling or educational instruction to such persons as may be directed by the supervising officer, and at such times

and places as may be specified by the supervising officer or those persons; (b) present himself or herself at such times and places to provide a specimen of his or her urine for urine tests, or specimens of his or her hair for a hair test, or both, 5 as may be required by the supervising officer; (c) present himself or herself for any treatment at such times and places and to such persons as may be directed by the supervising officer; (d) remain within his or her place of residence or at such 10 other place designated by the supervising officer between such hours as may be specified by the supervising officer; (e) report to the supervising officer at such times and places as may be directed by the supervising officer; 15 (f) allow the supervising officer to visit his or her place of residence; (g) immediately notify the supervising officer of any change to the following: (i) his or her place of residence; 20 (ii) his or her place of employment; (h) obtain the approval of the supervising officer before leaving Singapore; (i) not to be found in any place as may be specified by the supervising officer or in the company of any person 25 who is subject to — (i) community‑based rehabilitation under this section; or (ii) supervision under the Misuse of Drugs Act 1973 or any regulations made under that 30 Act;

(j) not to have in his or her possession — (i) any Part 3A product that contains a specified psychoactive substance; or (ii) any section 15 tobacco product or vaporiser that contains any other substance;5 (k) not to smoke, inhale or otherwise consume — (i) a specified psychoactive substance using a Part 3A product; or (ii) any other substance using a section 15 tobacco product or vaporiser;10 (l) provide to the supervising officer a digital photograph of himself or herself in accordance with any direction given by the supervising officer; (m) comply with any reasonable condition imposed by the supervising officer that relates to the15 community‑based rehabilitation that the person is undergoing; (n) subject to subsection (12), any other prescribed requirement. (6) Without affecting the continuance of any order under20 subsection (1) or (3) that is in force against him or her, any person who fails to comply with any requirement mentioned in subsection (5) shall be guilty of an offence and shall be liable on conviction — (a) in the case of a failure to comply with a requirement25 under subsection (5)(a), (b) or (c), to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 4 years or to both; and (b) in any other case, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to30 both. (7) Where a person against whom an order under subsection (1) or (3) is in force has failed to comply with any

requirement mentioned in subsection (5), the Chief Executive may, if having regard to the circumstances of the case the Chief Executive considers it desirable to do so, by order extend the period of community‑based rehabilitation of that person for a further period not exceeding one year. 5 (8) Where the Chief Executive considers that a person against whom an order under subsection (1) or (3) is in force has been sufficiently rehabilitated, the Chief Executive may, if having regard to the circumstances of the case the Chief Executive considers it desirable to do so, by order shorten the period of 10 community‑based rehabilitation of that person. (9) The Chief Executive may revoke or vary an order made under subsection (1) or (3). (10) The Chief Executive may, subject to any limitations that

powers under subsection (1), (3), (7), (8) or (9) to an authorised officer. (11) A delegation under subsection (10) must be published in

(12) Any prescribed requirement mentioned in 20 subsection (5)(n) must not involve the detention of the person in any place. (13) To avoid doubt, the powers conferred under this section do not extend to the making of an order for a person to undergo treatment and rehabilitation at an approved institution. 25 Parents or guardians to attend counselling with young person subject to community‑based rehabilitation order 19S.—(1) Where a community‑based rehabilitation order is made under section 19R(1) against a young person, the Chief Executive may require the parent or guardian of the young 30 person to attend any counselling or educational instruction (whether or not together with the young person) at such place and time as the Chief Executive determines.

(2) Any parent or guardian of a young person mentioned in subsection (1) who, without reasonable excuse, fails to comply with the requirement under that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.5 (3) A court may, in lieu of imposing a fine, order the parent or guardian mentioned in subsection (2) to attend any counselling or educational instruction at such place and time as the Chief Executive determines. (4) The Chief Executive may delegate his or her power under10 subsection (1) or (3) to an authorised officer, subject to any conditions specified by the Chief Executive. Institutional treatment and rehabilitation 19T.—(1) The Chief Executive may make an order in writing requiring a person to be admitted to an approved institution for15 treatment and rehabilitation and to be detained there for a period not exceeding 12 months where — (a) the person — (i) is currently, or was, subject to an order for community‑based rehabilitation under20 section 19R or was subject to an order made under this section; or (ii) is or was subject to an order made on or before the relevant date, in relation to the suspected consumption of a relevant controlled drug,25 under section 34(2)(a) or (b) of the Misuse of Drugs Act 1973 or under any regulations made under that Act; (b) the person is reasonably suspected to have committed an offence under section 19E(1);30 (c) the results mentioned in subsection (2) of the person are positive for a specified psychoactive substance; and

(d) it appears to the Chief Executive that it is necessary for the person to undergo treatment and rehabilitation at an approved institution. (2) The results mentioned in subsection (1)(c) are any, or any combination, of the following: 5 (a) the results of both urine tests conducted under section 19J(8)(b); (b) the result of a hair test conducted under section 19K. (3) Every person who is admitted to an approved institution under this section is to be detained in the institution for the 10 period specified in the order unless he or she is discharged earlier by the Chief Executive or the Review Committee of the institution. (4) Where a person who is admitted to an approved institution, pursuant to an order made under subsection (1), is transferred 15 from that approved institution to one or more other approved institutions or to one or more community rehabilitation centres, the combined period of his or her detention in all the approved institutions and community rehabilitation centres must not be less than the period specified in the order, unless he or she is 20 discharged earlier by the Chief Executive or the Review Committee of the approved institution or community rehabilitation centre. (5) If the Review Committee of an approved institution or a community rehabilitation centre is of the opinion that an inmate 25 of the institution or centre whose period of detention therein is about to expire requires further treatment or rehabilitation or both, the Review Committee may, by order in writing, direct that the inmate be detained in the institution or centre for a further period or periods not exceeding 6 months at any one time. 30 (6) A person in respect of whom an order has been made under subsection (1) must not be detained in an approved institution or institutions or a community rehabilitation centre or centres for a period of more than 2 years after his or her first admission to the approved institution pursuant to that order. 35

(7) The Chief Executive may, subject to any limitations that power under subsection (1) to an officer of the Authority who

(8) A delegation under subsection (7) must be published in the Gazette. (9) In this section — “relevant controlled drug” means a specified psychoactive substance that was a controlled drug specified in Part 310 of the First Schedule to the Misuse of Drugs Act 1973 as at the relevant date; “relevant date” means the date immediately before the date of commencement of section 11 of the Tobacco (Control of Advertisements and Sale) (Amendment) and Other15 Matters Act 2026. Application of Misuse of Drugs Act 1973 to inmates of approved institutions or community rehabilitation centres 19U. The Misuse of Drugs Act 1973 applies, with such exceptions or modifications as may be prescribed, to an inmate20 or to a person detained in an approved institution or a community rehabilitation centre pursuant to section 19T as if the inmate or person were — (a) an inmate as defined in section 2 of that Act; or (b) a person detained in an approved institution or a25 community rehabilitation centre pursuant to section 34 of that Act.”. New Part 3B

1. In the TCASA, after Part 3A (as inserted by section 11), insert —30

“PART 3B DUTIES OF RESPONSIBLE PERSONS IN RELATION TO SPECIFIED PREMISES Interpretation of this Part 19V. In this Part — 5 “common property” and “limited common property” have the meanings given by section 2(1) of the Building (Strata Management) Act 2004; “occupier” — (a) in relation to any specified premises (other than 10 a conveyance), means the person in occupation, or having the charge, management or control, of the specified premises; or (b) in relation to any part of specified premises (other than a conveyance), different parts of 15 which are occupied by different persons, means the person in occupation, or having the charge, management or control, of that part, but does not include a lodger; “owner” — 20 (a) in relation to any premises (other than a conveyance), means the person for the time being receiving the rent of the premises, whether on the person’s own account or as agent or trustee or as receiver, or who would 25 receive the rent if the premises were let to a tenant, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; (b) in relation to any premises (other than a 30 conveyance) where building works are carried out, includes the developer;

(c) in relation to the common property of any subdivided building, includes the management corporation established under the Building (Strata Management) Act 2004 having control of the building, or the person receiving any rent5 or charge for the maintenance of that common property; or (d) in relation to the limited common property of any subdivided building, includes the subsidiary management corporation established under the10 Building (Strata Management) Act 2004 having control of the limited common property, or the person receiving any rent or charge for the maintenance of that limited common property; “relevant personnel” of a responsible person means an15 individual who — (a) is under the charge or supervision of the responsible person; and (b) is employed in or on the specified premises; “responsible person” of any specified premises means —20 (a) in the case of a conveyance, the owner of the conveyance or any ticket or tour conductor, driver, ticket inspector or person who has charge or control of the conveyance; or (b) in any other case —25 (i) the occupier of the specified premises; or (ii) where there is no occupier, the owner of the specified premises; “specified premises” means any premises that are prescribed for the purposes of this Part.30 Duties of responsible persons of specified premises 19W.—(1) If any individual is found in possession of any section 15 tobacco product, vaporiser or imitation tobacco

product in contravention of this Act in or on any specified premises, the responsible person of the specified premises must — (a) inform that individual to dispose of that thing immediately and that the possession of that thing is 5 an offence under this Act; and (b) if that individual refuses, neglects or fails to dispose of that thing, request the individual to leave the specified premises immediately. (2) If any individual uses any section 15 tobacco product, 10 vaporiser or imitation tobacco product in contravention of this Act in or on any specified premises, the responsible person of the specified premises must — (a) inform that individual to stop using and dispose of that thing immediately and that the possession or use 15 of that thing is an offence under this Act; and (b) if that individual refuses, neglects or fails to stop using and dispose of that thing, request the individual to leave the specified premises immediately. (3) If an individual mentioned in subsection (1) or (2) refuses 20 to leave the specified premises, the responsible person of the specified premises must — (a) seek the assistance of any authorised officer; and (b) provide reasonable assistance to the authorised officer to deal with that individual in accordance with 25 section 23(1)(a) and (d). (4) Where an individual (X) is aware that another individual (Y) is in possession of or is using any section 15 tobacco product, vaporiser or imitation tobacco product in contravention of this Act in or on any specified premises — 30 (a) X may lodge a complaint with the responsible person of the specified premises; and

(b) it is the duty of the responsible person — (i) to take all reasonable steps to investigate into the complaint; and (ii) if the complaint is found to be true, to take action in accordance with subsection (1), (2)5 or (3) against Y. (5) If the responsible person of any specified premises fails or neglects to comply with — (a) subsection (1) or (3) in relation to any individual whom the responsible person knows or ought10 reasonably to know is in possession of a section 15 tobacco product, a vaporiser or an imitation tobacco product; (b) subsection (2) or (3) in relation to any individual whom the responsible person knows or ought15 reasonably to know is using a section 15 tobacco product, a vaporiser or an imitation tobacco product; or (c) subsection (4)(b) in relation to any complaint mentioned in subsection (4)(a),20 the responsible person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $2,000. (6) For the purposes of subsection (5)(a), a responsible person25 of any specified premises is presumed, until the contrary is proved, to have the knowledge mentioned in that provision where a relevant personnel of the responsible person knows that an individual is in possession of a section 15 tobacco product, a vaporiser or an imitation tobacco product in or on the specified30 premises. (7) For the purposes of subsection (5)(b), a responsible person of any specified premises is presumed, until the contrary is proved, to have the knowledge mentioned in that provision

where a relevant personnel of the responsible person knows that an individual is using a section 15 tobacco product, a vaporiser or an imitation tobacco product in or on the specified premises. (8) A person who hinders, obstructs, threatens, abuses, molests or assaults any responsible person in the performance 5 of the responsible person’s duties under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (9) A responsible person of any specified premises is not liable 10 to repay or refund any fee or other consideration paid by an individual — (a) where the specified premises is a conveyance, for the purpose of transportation; or (b) in any other case, for the purpose of gaining 15 admission into the specified premises, where that individual has been informed to leave the specified premises in accordance with subsection (1)(b) or (2)(b). (10) Nothing in this section requires a responsible person of any specified premises or any relevant personnel of the 20 responsible person — (a) to search any individual (X) in or on the specified premises; (b) to search any bag or thing belonging to or in the possession of X; or 25 (c) to require X to reveal the contents of X’s pockets, if any. (11) Nothing in this section affects the liability of any individual for an offence under section 15, 16 or 16A. (12) Nothing in this section affects any obligation of a 30 responsible person under the Smoking (Prohibition in Certain Places) Act 1992, where the responsible person is the manager of a specified place or the operator of a specified vehicle within the meaning given by that Act.”.

Amendment of section 23

1. In the TCASA, in section 23(1)(b), after “search”, insert
   “the person, or”. New sections 23A and 23B

2. In the TCASA, after section 23, insert —5
   “Bail and bond 23A.—(1) A person who has been arrested by a police officer or an authorised officer under section 23(1)(d) may be released on bail or on personal bond granted by any officer of the Authority.10 (2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications:15 (a) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Authority; (b) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 201020 is to be read to include the Chief Executive. Authorised officer to be equipped to execute duties 23B. Every authorised officer may carry or have in his or her possession or under his or her control any truncheon, handcuffs or other similar means of restraint for the purposes of executing25 his or her duties under this Act.”.

Amendment of section 26

1. In the TCASA, in section 26 — (a) replace the section heading with — “Powers of entry, inspection, seizure, etc.”; (b) in subsection (1)(a) and (e), replace “or imitation tobacco 5 product,” with “, vaporiser, imitation tobacco product or component of a tobacco product, vaporiser or imitation tobacco product,”; (c) in subsection (1)(b), replace “are being used” with “are being, have been or are intended to be used”; 10 (d) in subsection (1)(c), replace “is being used” with “is being, has been or is intended to be used”; (e) in subsection (1)(f), replace the full‑stop at the end with a semi‑colon; (f) in subsection (1), after paragraph (f), insert — 15 “(g) seize and detain any vehicle or trailer that the Chief Executive or authorised officer reasonably suspects is being, has been or is intended to be used for or in connection with the commission of an offence under 20 this Act; (h) for the purposes of paragraph (g), with any assistance that the Chief Executive or authorised officer considers necessary, break open any door, window or lock or 25 any other thing.”; (g) after subsection (1), insert — “(1A) In addition, if the Chief Executive or an authorised officer has reasonable cause to suspect that any cash found in or on any premises or on any person 30 may afford evidence as to the commission of any offence under this Act —

(a) the Chief Executive or authorised officer may seize the cash; and (b) where the cash is seized by an authorised officer, the authorised officer must deliver the seized cash, as soon as practicable, into5 the care of — (i) the Chief Executive; or (ii) an officer of the Authority who is an authorised officer and whose duty it is to receive the seized cash.”;10 (h) in subsection (4), replace paragraphs (a) and (b) with — “(a) except in a case where paragraph (b) applies, on seizing anything mentioned in subsection (1)(e) or any cash, inform the person from whom it was seized of the15 seizure; (b) in the case of tobacco products, vaporisers or imitation tobacco products seized from a vending machine, inform the person whose name and address are stated on the machine20 as being the proprietor or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed; and (c) subject to subsection (4A), on seizing any25 vehicle or trailer, inform the owner of the vehicle or trailer of the seizure.”; and (i) after subsection (4), insert — “(4A) Subsection (4)(c) does not apply if the seizure of the vehicle or trailer is made in the presence of —30 (a) the person reasonably suspected to have used the vehicle or trailer to commit an offence under this Act; or

(b) the owner of the vehicle or trailer or his or her agent.”. Amendment of section 28

1. In the TCASA, in section 28 —
   (a) in paragraph (a), replace “section 26(4)” with 5 “section 26(4)(a)”; and (b) in paragraph (b), replace “section 26(4)” with “section 26(4)(b)”. New section 28A

2. In the TCASA, after section 28, insert — 10
   “Certificate relating to product or substance 28A. A certificate purporting — (a) to be signed by — (i) an analyst employed by the Authority; or (ii) a person appointed by the Minister, including a 15 person appointed under section 19J(10) or 19K(8); and (b) to relate to a product or substance that is the subject of an offence under this Act, is to be admitted in evidence, in any proceedings for an offence 20 under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained in the certificate.”. Amendment of section 29

3. In the TCASA, in section 29 — 25
   (a) in subsection (1), replace “Any thing” with “Subject to subsection (1A), any thing”; (b) after subsection (1), insert —

“(1A) This section does not apply to or in relation to any cash seized in exercise of any power conferred by this Act.”; and (c) after subsection (3), insert — “(3A) Despite subsections (2) and (3), the court5 must not order the forfeiture of a vehicle or trailer seized in exercise of any power conferred by this Act if its owner satisfies the court that the vehicle or trailer was unlawfully in the possession of another person without the owner’s consent.”.10 Amendment of section 30

1. In the TCASA, in section 30 —
   (a) renumber the section as subsection (1) of that section; and (b) after subsection (1), insert — “(2) Subsection (1) does not apply to or in relation15 to any cash seized in exercise of any power conferred by this Act.”. New sections 30A and 30B

2. In the TCASA, after section 30, insert —
   “Procedure governing seizure of cash20 30A. Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when the Chief Executive or an authorised officer seizes any cash under any provision of this Act. No costs or damages or other relief arising from seizure to25 be recoverable unless seizure without reasonable or probable cause 30B. No person is, in any proceedings before any court in respect of anything (excluding any cash) seized in the exercise or purported exercise of any power conferred under this Act,30 entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the thing or the

payment of its value, unless the seizure was made without reasonable or probable cause.”. Amendment of section 37

1. In the TCASA, in section 37(2) —
   (a) in paragraph (e)(iii), replace the full‑stop at the end with a 5 semi‑colon; and (b) after paragraph (e), insert — “(f) authorising the importation, sale or possession of tobacco products, imitation tobacco products or vaporisers or their 10 components, that contain a specified psychoactive substance, and prescribing the circumstances and conditions under which the persons authorised may import, sell or possess the tobacco products, 15 imitation tobacco products, vaporisers or their components, as the case may be; (g) authorising the consumption of specified psychoactive substances and prescribing the circumstances and conditions under 20 which the specified psychoactive substances may be consumed; (h) prescribing any matter that is required or permitted to be prescribed under or for the purposes of this Act.”. 25 New section 40

2. In the TCASA, after section 39, insert —
   “Amendment of Schedule 40.—(1) The Minister may, by order in the Gazette, amend the Schedule. 30 (2) The Minister may, in an order under subsection (1), make provisions of a saving or transitional nature consequent on the

enactment of the order as the Minister considers necessary or expedient.”. New Schedule

1. In the TCASA, after section 40 (as inserted by section 22), insert —5 “THE SCHEDULE

Sections 2(1), 19P(1) and 40

SPECIFIED PSYCHOACTIVE SUBSTANCES

1. Butyl 1‑(1‑phenylethyl)‑1H‑imidazole‑5‑carboxylate (also known as
   butomidate) and its butyl structural isomers (namely isobutomidate,10 sec‑butomidate and tert‑butomidate).

2. Etomidate.

3. Isopropyl 1‑(1‑phenylethyl)‑1H‑imidazole‑5‑carboxylate (also known
   as isopropoxate).

4. Metomidate.15

5. Propyl 1‑(1‑phenylethyl)‑1H‑imidazole‑5‑carboxylate (also known as
   propoxate).

6. 2,2,2‑Trifluoroethyl 1‑(1‑phenylethyl)‑1H‑imidazole‑5‑carboxylate
   (also known as trifluoro‑etomidate or TF‑etomidate).

7. Any preparation (being a mixture whether solid or liquid) or other20
   product containing a substance specified in items 1 to 6.”.

Miscellaneous amendments

1. In the TCASA — (a) in Part 2, in the Part heading, replace “AND IMITATION TOBACCO PRODUCTS” with “, VAPORISERS AND25 IMITATION TOBACCO PRODUCTS”; (b) in section 3, in the section heading, replace “and imitation tobacco products” with “, vaporisers and imitation tobacco products”; (c) in section 25, in the section heading, after “tobacco30 products”, insert “, vaporisers and imitation tobacco products”; and

(d) in the following provisions, replace “or imitation tobacco product” wherever it appears with “, vaporiser or imitation tobacco product”: (d) Section 3(1), (6) and (7) (d) Section 6 5 (d) Section 8 (d) Section 21 (d) Section 25(1) (d) Section 28.

PART 2 10 AMENDMENT OF POISONS ACT 1938 Amendment of section 2

1. In the Poisons Act 1938 (called in this Part the Poisons Act), in
   section 2, replace the definition of “Chief Executive of the Authority” with — 15 “ “Chief Executive of the Authority” means the Chief Executive within the meaning given by section 2 of the Health Sciences Authority Act 2001;”. Amendment of section 16

2. In the Poisons Act, in section 16(1), replace “a fine not 20
   exceeding $10,000 or to imprisonment for a term not exceeding 2 years” with “a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years”. Amendment of section 19

3. In the Poisons Act, in section 19(2), replace “a fine not 25
   exceeding $1,000 or to imprisonment for a term not exceeding 6 months” with “a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years”. Replacement of section 19A

4. In the Poisons Act, replace section 19A with — 30
   “Composition of offences 19A.—(1) The Chief Executive of the Authority or any employee of the Authority authorised in writing by the Chief Executive of the Authority may compound any offence under this Act or any rules made under this Act that is prescribed5 as a compoundable offence by collecting from a person reasonably suspected of having committed the offence 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;10 (b) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.”. Replacement of section 19B and new section 19C

5. In the Poisons Act, replace section 19B with —15
   “Fees, charges, etc., collected under this Act 19B.—(1) All fees, charges and other moneys recovered or collected by the Chief Executive of the Authority or any other licensing officer under this Act or any rules made under this Act, other than composition sums, must be paid to the Authority.20 (2) All composition sums collected by the Chief Executive of the Authority or an authorised employee under section 19A must be paid into the Consolidated Fund. (3) In subsection (2) and section 19C, “authorised employee” means an employee of the Authority who is authorised by the25 Chief Executive of the Authority under section 19A(1). Deemed public officers 19C.—(1) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, an authorised employee is, in relation to the authorised employee’s administration, collection30 and enforcement of payment of composition sums under

section 19A, taken to be a public officer for the purposes of the Financial Procedure Act 1966. (2) Section 20 of the Financial Procedure Act 1966 applies to an authorised employee even though the authorised employee is not or was not in the employment of the Government.”. 5 Amendment of section 20

1. In the Poisons Act, in section 20(1), replace paragraph (n) with — “(n) prescribing the offences under this Act or any rules made under this Act that may be compounded; 10 (o) prescribing that any act or omission in contravention of any rule shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 2 years or with both.”.

PART 3 15 RELATED AND CONSEQUENTIAL AMENDMENTS Amendment of Civil Defence Act 1986

1. In the Civil Defence Act 1986, in section 2, replace the and Vaporisers Control Act 1993;”.

Amendment of Merchant Shipping Act 1995

1. In the Merchant Shipping Act 1995, in section 2(1), replace the
   and Vaporisers Control Act 1993;”.10 Amendment of Misuse of Drugs Act 1973

2. In the Misuse of Drugs Act 1973 —
   (a) in section 2, replace the definition of “inmate” with — “ “inmate” means a person who is detained in an approved institution or a community15 rehabilitation centre pursuant to an order made under section 34;”; (b) replace section 35 with — “Approved institutions and community rehabilitation centres20 35.—(1) The Minister may, from time to time, by notification in the Gazette, declare any institution or place to be an approved institution or a community rehabilitation centre for the purpose of the treatment and rehabilitation of —25 (a) drug addicts and other persons under this Act; and (b) persons who smoke, inhale or otherwise consume specified psychoactive substances within the meaning given by30 section 2(1) of the Tobacco and Vaporisers Control Act 1993.

(2) The Minister may at any time, by notification in the Gazette, revoke or amend any notification mentioned in subsection (1).”; (c) in the Fifth Schedule, in Part 1, after item 13, insert — “13A. Any specified psychoactive substance within the meaning 5

given by section 2(1) of the Tobacco and Vaporisers Control Act 1993.”; and

(d) in the Fifth Schedule, in Part 2, in paragraph 1, in the definition of “tobacco substitute”, replace “Tobacco (Control of Advertisements and Sale) Act 1993” with 10 “Tobacco and Vaporisers Control Act 1993”. Amendment of Prisons Act 1933

1. In the Prisons Act 1933 — (a) in section 2, after the definition of “medical officer”, insert — 15 “ “Part 3A product” has the meaning given by section 19A of the Tobacco and Vaporisers Control Act 1993;”; (b) in section 2, after the definition of “remission order”, insert — 20 “ “specified psychoactive substance” has the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993;”; (c) in section 50ZI(3)(e) (as inserted by section 47(n) of the Criminal Procedure (Miscellaneous Amendments) 25 Act 2024), replace “or psychoactive substance” with “, psychoactive substance or specified psychoactive substance”; (d) in section 50ZI(3) (as inserted by section 47(n) of the Criminal Procedure (Miscellaneous Amendments) 30 Act 2024), after paragraph (f), insert — “(fa) the prisoner must not have in the prisoner’s possession any Part 3A product that

contains a specified psychoactive substance;”; (e) in section 54(1)(da), after “psychoactive substance”, insert “, specified psychoactive substance”; (f) in section 54(1), after paragraph (db), insert —5 “(dc) not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;”; (g) in section 59D(1)(ba), after “psychoactive substance”, insert “, specified psychoactive substance”;10 (h) in section 59D(1), after paragraph (bb), insert — “(bc) must not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;”; (i) in section 59M(1)(e) and (2)(c), after “psychoactive15 substance”, insert “, specified psychoactive substance”; (j) in section 59M(1), after paragraph (f), insert — “(fa) not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;”;20 (k) in section 59M(2), after paragraph (d), insert — “(da) not have in the prisoner’s possession any Part 3A product that contains a specified psychoactive substance;”; and (l) in section 66(4), after paragraph (c), insert —25 “(ca) any Part 3A product;”. Amendment of Road Traffic Act 1961

1. In the Road Traffic Act 1961, in section 72(1), replace the
   and Vaporisers Control Act 1993.”. Amendment of Singapore Armed Forces Act 1972

2. In the Singapore Armed Forces Act 1972 —
   (a) in section 34(1), replace “any dangerous, prohibited or 10 controlled drug or any psychoactive substance as defined in any written law relating to the misuse or control of drugs or harmful substances” with “any controlled drug, psychoactive substance or specified psychoactive substance”; 15 (b) in section 34, replace subsection (4) with — “(4) In this section — “controlled drug”, “excluded substance”, “psychoactive effect” and “psychoactive substance” have the meanings given by 20 section 2 of the Misuse of Drugs Act 1973; “specified psychoactive substance” has the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993.”; (c) in section 99(1)(a), after sub‑paragraph (ii), insert — 25 “(iia) a person appointed under section 28A(a)(ii) of the Tobacco and Vaporisers Control Act 1993;”; (d) in section 99(1)(b), replace “or psychoactive substance” with “, psychoactive substance or specified psychoactive 30 substance”;

(e) in section 99(1), after “the Misuse of Drugs Act 1973”, insert “or the Tobacco and Vaporisers Control Act 1993”; (f) in section 99(2), in the definition of “Home Team Science and Technology Agency”, replace the full‑stop at the end with a semi‑colon; and5 (g) in section 99(2), after the definition of “Home Team Science and Technology Agency”, insert — “ “specified psychoactive substance” has the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993.”.10 Amendment of Smoking (Prohibition in Certain Places) Act 1992

1. In the Smoking (Prohibition in Certain Places) Act 1992, in section 2, replace the definition of “smoking” with — “ “smoking” —15 (a) means inhaling and expelling the smoke of tobacco or any other substance, and includes the holding of any cigar, cigarette or pipe or any other form of tobacco product that is alight or emitting smoke; but20 (b) does not include inhaling and expelling the smoke emitted by a vaporiser (within the and Vaporisers Control Act 1993) or the holding of any vaporiser that is emitting smoke;”.25 Amendment of other Acts 38.—(1) In the Food Safety and Security Act 2025, in section 4(3)(f), replace “Tobacco (Control of Advertisements and Sale) Act 1993” with “Tobacco and Vaporisers Control Act 1993”. (2) In the Sale of Food Act 1973, in section 2A(3)(f), replace30 “Tobacco (Control of Advertisements and Sale) Act 1993” with “Tobacco and Vaporisers Control Act 1993”.

PART 4 SAVING AND TRANSITIONAL PROVISIONS Saving and transitional provisions 39.—(1) Despite a relevant controlled drug ceasing to be a controlled drug under Part 3 of the First Schedule to the Misuse of 5 Drugs Act 1973 (called in this section the MDA) on or after the appointed date, the MDA as in force immediately before the appointed date continues to apply, as if the relevant controlled drug were a controlled drug, in relation to — (a) any person who is subject to an order made under 10 section 34 of the MDA during the transitional period in relation to the person’s suspected consumption of a relevant controlled drug; (b) any person who, during the transitional period, supplied a urine specimen for a urine test under section 31 of 15 the MDA or a hair specimen for a hair test under section 31A of the MDA, in relation to the person’s suspected consumption of a relevant controlled drug; (c) any person arrested or detained under the MDA during the transitional period for a suspected offence relating to a 20 relevant controlled drug; (d) any person released on bail or personal bond under the MDA during the transitional period for a suspected offence relating to a relevant controlled drug; (e) any relevant controlled drug, item or other thing seized 25 under the MDA in the course of any investigation into a suspected offence relating to a relevant controlled drug; and (f) any investigation or proceedings under the MDA on or after the appointed date for a suspected offence relating to a 30 relevant controlled drug. (2) In subsection (1) — “appointed date” means the date of commencement of section 11 of this Act;

“relevant controlled drug” means a specified psychoactive substance within the meaning given by section 2(1) of the Tobacco and Vaporisers Control Act 1993 that was a controlled drug specified in Part 3 of the First Schedule to the MDA as in force immediately before the appointed date;5 “transitional period” means the period between 1 September 2025 and the date immediately before the relevant controlled drug ceases to be a controlled drug under Part 3 of the First Schedule to the MDA (both dates inclusive). (3) Despite section 33(b) (which replaces section 35 of the MDA),10 every institution or place that is, immediately before the date of commencement of section 33(b), declared under section 35 of the MDA as in force immediately before that date to be an approved institution or a community rehabilitation centre, is deemed to have been declared under section 35 of the MDA on that date.15 (4) Section 28 (which replaces section 19A of the Poisons Act 1938) does not apply to any compoundable offence reasonably suspected of having been committed before the date of commencement of section 28, and section 19A of the Poisons Act 1938 as in force immediately before that date continues to apply20 to any such offence as if section 28 had not been enacted. (5) To avoid doubt, nothing in this section affects section 16 of the Interpretation Act 1965. (6) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe any25 additional provisions of a saving or transitional nature consequent on the enactment of that provision that the Minister may consider necessary or expedient.

EXPLANATORY STATEMENT

This Bill seeks — (a) to amend the Tobacco (Control of Advertisements and Sale) Act 1993 (the TCASA) — (i) to enhance the controls relating to tobacco products, vaporisers and imitation tobacco products; (ii) to control the consumption of certain psychoactive substances and prohibit tobacco products, vaporisers and imitation tobacco products containing these substances; and (iii) to provide for the treatment and rehabilitation of persons who smoke, inhale or otherwise consume certain psychoactive substances or use certain types of tobacco products or vaporisers; (b) to make saving and transitional provisions when certain psychoactive substances cease to be controlled drugs under the Misuse of Drugs Act 1973 (the MDA); and (c) to amend the Poisons Act 1938 and to make consequential and related amendments to certain other Acts. Clause 1 relates to the short title and commencement.

PART 1 AMENDMENT OF TOBACCO (CONTROL OF ADVERTISEMENTS AND SALE) ACT 1993 Part 1 amends the TCASA and consists of clauses 2 to 23. Clause 2 replaces the long title to the TCASA — (a) to make clear that the TCASA provides for the control of tobacco products, vaporisers and imitation tobacco products, which includes prohibiting the import, supply, possession, purchase and use of vaporisers; (b) to broaden the scope of the TCASA to include the control of the consumption of certain psychoactive substances; and (c) to provide for the treatment and rehabilitation of persons who smoke, inhale or otherwise consume such psychoactive substances or use certain tobacco products or vaporisers. Clause 3 amends the short title to rename the TCASA as the Tobacco and Vaporisers Control Act 1993.

Clause 4 amends section 2(1) to insert new definitions of various terms, including “psychoactive effect”, “specified psychoactive substance” and “vaporiser”. A vaporiser means any device or article that is used, intended to be used or described to be suitable for use for the purpose of vaporising any liquid or substance to produce any emission (including any aerosol) for oral inhalation by a user of the device or article. However, it does not include any tobacco product mentioned in the new section 15(1)(a) or a therapeutic product registered under the Health Products Act 2007. A specified psychoactive substance (SPS) means a substance or product that is specified in the new Schedule (as inserted by clause 23) or that falls within a class of substances or products specified in that Schedule, being a substance or product that has the capacity to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product, and is abused or is likely to be abused by using a Part 3A product. A psychoactive effect means the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the individual’s mental functioning or emotional state. Currently, only the substance etomidate and its analogues are specified in the new Schedule. Clause 4 also replaces or amends various definitions in section 2(1), such as the definitions of “imitation tobacco product” and “tobacco product”. The amended definition of “tobacco product” includes a heated tobacco product, which has a heater component which is used to heat up a tobacco component. Clause 5 replaces the Part heading of Part 3 to better reflect the intent and effect of the provisions of that Part. Clause 6 introduces the new section 14. The new section 14 re‑enacts the prohibitions under the deleted section 15(2) on the import into Singapore, and the distribution, sale, offer for sale and possession for the purpose of sale in Singapore, of any prescribed tobacco product or class of tobacco product that contains, or the emissions of which contain, any substance in excess of the maximum amount prescribed for that substance. Further, the prohibitions under the new section 14 are extended to prescribed tobacco products and classes of tobacco products that contain, or the emissions of which contain, any substance that is prescribed. Also, the prohibitions under the new section 14 cover —

distribution within Singapore, of any tobacco product described in the previous paragraph (section 14 tobacco product);

(c) the possession of section 14 tobacco products for the purpose of doing

Contravention of any prohibition under the new section 14 is an offence. Previous convictions under the deleted section 15(6) in respect of a contravention of the deleted section 15(2) will count as antecedents for the purpose of sentencing an offender for an offence under the new section 14(7). The new section 14(3) re‑enacts the exception in the deleted section 15(4) in relation to section 14 tobacco products, and applies to the following acts by a person: (a) the import of section 14 tobacco products into Singapore solely for the purpose of taking such tobacco products out of Singapore; (b) the transport of section 14 tobacco products within Singapore pending those tobacco products being taken out of Singapore; (c) the possession of section 14 tobacco products in Singapore pending those tobacco products being taken out of Singapore. However, the new section 14(4) provides that the prohibitions in the new section 14(1) and (2) still apply to — (a) an individual who does any act mentioned in the new section 14(3) for or on behalf of another individual; or (b) an individual in relation to any section 14 tobacco product that the individual imports into Singapore for his or her personal use. Clause 7 replaces sections 15 and 16 and introduces the new sections 16A, 16B and 16C. Section 15 is replaced — (a) to extend the prohibitions under the deleted section 15(1) and (3) on the import into Singapore, and the distribution, sale, offer for sale, possession (whether for the purpose of sale or some other purpose), purchase and use in Singapore, of chewing tobacco and other prescribed tobacco products or classes of tobacco products (section 15 tobacco products) to apply to any component of a section 15 tobacco product. For example, these prohibitions will apply to fully‑assembled heated tobacco products, as well as the heater component and tobacco component of such tobacco products on their own; (b) to extend the prohibitions to the giving in Singapore, and the transport, sending, delivery or distribution within Singapore, of section 15 tobacco products and their components, the offering to do any such act

and the possession of section 15 tobacco products and their components for the purpose of doing any such act; and (c) to increase the penalties for an offence involving any section 15 tobacco product as compared to the penalties for similar offences under the deleted section 15. A mandatory term of imprisonment will be imposed on any person convicted of an offence under the new section 15(6) or (7). The new section 15(4) re‑enacts the exception in the deleted section 15(4) in relation to section 15 tobacco products, and applies to the following acts by a person: (a) the import of section 15 tobacco products or their components into Singapore solely for the purpose of taking them out of Singapore; (b) the transport of section 15 tobacco products or their components within Singapore pending their being taken out of Singapore; (c) the possession of section 15 tobacco products or their components in Singapore pending their being taken out of Singapore. However, the new section 15(5) provides that the prohibitions in the new section 15(1), (2) and (3)(a) still apply to — (a) an individual who does any act mentioned in the new section 15(4) for or on behalf of another individual; or (b) an individual in relation to any section 15 tobacco product or component of a section 15 tobacco product that the individual imports into Singapore for his or her personal use. Section 16 is replaced to make clear that the prohibitions under the deleted section 16 on the import into Singapore, and the distribution, sale, offer for sale, possession (whether for the purpose of sale or some other purpose), purchase and use in Singapore, of vaporisers and their components (previously treated as imitation tobacco products and their components) continue to apply. Further, the prohibitions are extended to —

distribution within Singapore, of vaporisers and their components;

(c) the possession of vaporisers and their components for the purpose of doing any act mentioned in paragraph (a). The penalties for offences involving vaporisers and their components are increased as compared to the penalties for similar offences under the deleted section 16. A mandatory term of imprisonment will be imposed on any person convicted of an offence under the new section 16(4) or (5).

The new section 16A re‑enacts the prohibitions under the deleted section 16 on the import into Singapore, and the distribution, sale, offer for sale, possession (whether for the purpose of sale or some other purpose), purchase and use in Singapore, of imitation tobacco products and their components. Further, the prohibitions are extended to —

distribution within Singapore, of imitation tobacco products and their components;

(c) the possession of imitation tobacco products and their components for the purpose of doing any act mentioned in paragraph (a). The penalties for offences involving imitation tobacco products and their components are increased as compared to the penalties for similar offences under the deleted section 16. The new section 16B introduces various rebuttable presumptions relating to possession and knowledge that apply to and in relation to offences under the new section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4). The new section 16C introduces a rebuttable presumption that applies to and in relation to offences under the new section 14(7), 15(6) or (7), 16(4) or (5) or 16A(4) where a prohibited item is found in any vehicle or trailer. Clause 8 amends section 17 as follows: (a) section 17(1) is re‑enacted and the prohibitions are extended to — (i) the giving in Singapore, and the transport, sending, delivery or distribution within Singapore, of any tobacco product which, or the packaging or labelling of which, does not comply with section 17(3); (ii) the offering to do any act mentioned in sub‑paragraph (i); and (iii) the possession of any such tobacco product for the purpose of doing any act mentioned in sub‑paragraph (i); (b) section 17(2) is amended to disapply the exception to the prohibition under section 17(1)(a) to the import of tobacco products into Singapore by an individual. Clause 9 makes a consequential amendment to section 18(11). Clause 10 inserts the new section 18A, which applies to the owner or occupier (X) of any land, building or place in Singapore, or any part of any such land, building or place. X commits an offence if X permits or allows any other person to store or keep any section 14 tobacco product, section 15 tobacco

product, vaporiser or imitation tobacco product (applicable product), or any component of an applicable product, in or on the land, building or place. This is unless X exercised due care to ascertain that the thing that is kept in or on X’s land, building or place is not an applicable product or a component of an applicable product. There is an exception that applies to the keeping of any applicable product or component of an applicable product in a free trade zone declared under section 3(1) of the Free Trade Zones Act 1966 or a licensed warehouse within the meaning given by section 3(1) of the Customs Act 1960, where the applicable product or component is imported into Singapore solely for the purpose of taking it out of Singapore. The exception applies for the duration that the applicable product or component is kept pending its being taken out of Singapore. Clause 11 inserts a new Part 3A which relates to the control of certain products and SPS and to provide for treatment and rehabilitation. The new Part 3A is divided into Divisions 1 to 4. Division 1 of the new Part 3A deals with preliminary matters. The new section 19A defines certain terms used in the new Part 3A. A “Part 3A product” means any of the following products: (a) any tobacco product; (b) any imitation tobacco product; (c) any vaporiser; (d) any component of a product mentioned in paragraph (a), (b) or (c). The new section 19A(2) also empowers the Chief Executive of the Health Sciences Authority (the Chief Executive) to appoint officers of the Authority as supervising officers for the purposes of the new Part 3A. Division 2 of the new Part 3A creates offences involving Part 3A products containing SPS and consumption of SPS. The offences are similar to certain offences in Part 2 of the MDA. The new section 19B makes it an offence to import any Part 3A product that contains an SPS. The new section 19C makes it an offence to sell or give in Singapore or transport, send, deliver or distribute within Singapore any Part 3A product that contains an SPS. An offer to do any such act or possession of any such Part 3A product in Singapore for the purpose of any such act is also an offence. The new section 19D makes it an offence to possess or purchase any Part 3A product that contains an SPS. This offence excludes possession for the purpose of sale or gift in Singapore, or transport, sending, delivery or distribution within Singapore because that would be a more serious offence under the new section 19C(1)(c). For example, a person who possesses a vaporiser containing

an SPS for the purpose of his or her own consumption exclusively commits an offence under the new section 19D. The new section 19E makes it an offence for a person to smoke, inhale or otherwise consume an SPS. For example, where a person inhales etomidate by using a vaporiser, the person has committed an offence under the new section 19E(1). However, the prosecution need not prove that the SPS was smoked, inhaled or otherwise consumed using a vaporiser. The new section 19F provides that the offence under the new section 19E(1) (consuming an SPS) applies to a citizen or permanent resident of Singapore outside Singapore as well as in Singapore. The person must be found as a result of urine tests to have consumed an SPS. The new section 19G makes it an offence for an adult of or above 21 years of age to knowingly or recklessly expose a child to any Part 3A product containing an SPS or to permit a young person to smoke, inhale or otherwise consume an SPS using a Part 3A product in the adult’s possession. The new section 19H makes it an offence for an adult of or above 21 years of age to cause or procure any young person or vulnerable person to commit any offence under the new section 19B(1) or 19C(1). The new section 19I makes it an offence to arrange or plan gatherings where any Part 3A product that contains an SPS is, or is to be, used, sold, given or distributed at that gathering. Division 3 of the new Part 3A deals with evidence and enforcement in relation to Division 2 offences. These provisions are similar to certain provisions in Part 3 of the MDA. The new section 19J empowers an authorised officer to require a person suspected of having committed an offence under the new section 19E(1) to provide a specimen of the person’s urine for urine tests to be conducted in accordance with this section. The Chief Executive may also require persons with certain antecedents to provide a specimen of urine for urine tests to ascertain whether they are still smoking, inhaling or otherwise consuming, or are dependent on the effect of, an SPS. The new section 19K empowers an authorised officer to require a person suspected of having committed an offence under the new section 19E(1) to provide a specimen of the person’s hair for hair tests to be conducted in accordance with this section. The Chief Executive may also require persons with certain antecedents to provide a hair specimen for a hair test to ascertain whether they are still smoking, inhaling or otherwise consuming, or are dependent on the effect of, an SPS. The new section 19L empowers an authorised officer to require a person suspected of having committed an offence under the new section 19E(1) to

provide a specimen of the person’s oral fluid for oral fluid tests to be conducted in accordance with this section. The new section 19M introduces a rebuttable presumption that a person consumed an SPS where the person’s urine tests positive for an SPS. The new section 19N introduces rebuttable presumptions relating to the possession and knowledge of a Part 3A product containing any SPS (Part 3A‑SPS product) found in a container or premises (other than a conveyance or part of a conveyance). A person who is proved to have had in his or her possession or custody or under his or her control anything containing a Part 3A‑SPS product, the keys of anything containing a Part 3A‑SPS product, the keys of any premises in which a Part 3A‑SPS product is found or a document of title relating to a Part 3A‑SPS product or any other document intended for the delivery of a Part 3A‑SPS product, is presumed, until the contrary is proved, to have had that Part 3A‑SPS product in his or her possession. A person who is proved or presumed to have a Part 3A‑SPS product in his or her possession is presumed, until the contrary is proved, to know that the Part 3A‑SPS product is a Part 3A product that contains an SPS. The presumption of possession applies in relation to offences of importation or sale of Part 3A‑SPS products. The presumption of knowledge applies to these offences as well as to an offence of mere possession of Part 3A‑SPS products. The new section 19O introduces a rebuttable presumption relating to vehicles and trailers in which a Part 3A‑SPS product is found. This presumption applies in relation to offences of importation or sale of Part 3A‑SPS products. The new section 19P(1) introduces a rebuttable presumption that a substance or product that is specified in the new Schedule is presumed to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product. The new section 19P(2) provides that where knowledge that a substance is an SPS is a fault element of an offence in the Act, that fault element is established if the person alleged to have committed the offence knows that the SPS has the capacity, or is presumed to have the capacity, to have a psychoactive effect on an individual if the individual smokes, inhales or otherwise consumes, the substance or product. It does not matter whether or not the person knows the name or chemical composition of the SPS. The new section 19Q deals with the protection of the identity of informers who have given information with respect to an offence under the new Part 3A. Division 4 of the new Part 3A deals with treatment and rehabilitation. The new section 19R(1) empowers the Chief Executive to make an order requiring a person to undergo community‑based rehabilitation under the supervision of a supervising officer for a period not exceeding 2 years. Before doing so, the Chief Executive must have reasonable grounds to believe that the person has either smoked, inhaled or otherwise consumed an SPS or has consumed

any other substance by using a section 15 tobacco product or vaporiser. The Chief Executive must also be of the opinion that it is necessary for the person to undergo rehabilitation. The new section 19R(2) sets out non‑exhaustive grounds on which the Chief Executive may form his or her belief in the new section 19R(1). The new section 19R(3) empowers the Chief Executive to direct persons with certain categories of antecedents to undergo such community‑based rehabilitation. The new section 19R(5) sets out the requirements that may be specified in the community‑based rehabilitation order. These requirements cannot involve the detention of the person in any place. The new section 19S applies where a community‑based rehabilitation order is made under the new section 19R(1) against a young person. The Chief Executive may require the parent or guardian of the young person to attend any counselling session or educational instruction session, whether or not together with the young person. The new section 19T(1) empowers the Chief Executive to make an order requiring a person who is suspected of having smoked, inhaled or otherwise consumed an SPS to be admitted to an approved institution for treatment and rehabilitation and to be detained there for a period not exceeding 12 months. The grounds on which the order may be made are set out in the new section 19T(1). For example, a person who was previously ordered to undergo supervision or to be detained in an approved institution under section 34(2)(a) or (b) (respectively) of the MDA in relation to etomidate or any of its analogues, may be ordered to be admitted to an approved institution under the new section 19T. The Review Committee of an approved institution or a community rehabilitation centre (to which an inmate may be transferred) may extend an inmate’s detention if it is of the opinion that the inmate requires further treatment or rehabilitation or both. A person cannot be detained for a period of more than 2 years after his or her admission to the approved institution. An approved institution and a community rehabilitation centre are the entities declared under section 35(1) of the MDA. The new section 19U provides that the MDA applies to an inmate or a person detained under the new section 19T, as if the inmate or person were an inmate as defined in section 2 of the MDA or a person detained under section 34 of the MDA. This is subject to any exceptions or modifications that may be prescribed in regulations. Clause 33(b) makes a related amendment to section 35 of the MDA to provide that an approved institution or a community rehabilitation centre may be declared for the purpose of treatment and rehabilitation of persons who smoke, inhale or otherwise consume SPS. Clause 12 inserts a new Part 3B, which comprises the new sections 19V and 19W.

The new section 19V sets out definitions for the purposes of the new Part 3B. The new section 19W imposes obligations on the responsible person of any premises (specified premises) that are prescribed for the purposes of the new Part 3B if an individual is found in possession of or uses any section 15 tobacco product, vaporiser or imitation tobacco product in or on the specified premises. Specified premises may include a conveyance as defined in section 2(1). It is an offence for a responsible person to not comply with the obligations imposed under the new section 19W. The new section 19W does not affect any obligation of a responsible person under the Smoking (Prohibition in Certain Places) Act 1992, where the responsible person is the manager of a specified place or the operator of a specified vehicle as defined in that Act. Also, it is an offence for any person to hinder, obstruct, threaten, abuse, molest or assault a responsible person in the performance of the responsible person’s duties under the new section 19W. Clause 13 amends section 23(1)(b) to provide that a police officer or an authorised officer may search any person if the police officer or authorised officer reasonably suspects that the person has committed or is committing an offence under the TCASA. Clause 14 inserts the new section 23A to provide that a person who has been arrested under section 23(1)(d) may be released on bail or on personal bond granted by any officer of the Health Sciences Authority (the Authority). Clause 14 also inserts the new section 23B, which allows every authorised officer to carry or have in his or her possession or under his or her control any truncheon, handcuffs or other similar means of restraint. Clause 15 amends section 26, which concerns the enforcement powers of the Chief Executive or an authorised officer under the TCASA. In particular — (a) the Chief Executive or authorised officer may seize and detain any vehicle or trailer that he or she reasonably suspects is being, has been or is intended to be used for or in connection with the commission of an offence under the TCASA and, for that purpose, may break open any door, window or lock or any other thing. The Chief Executive or authorised officer must inform the owner of the vehicle or trailer of the seizure, unless the vehicle or trailer is seized in the presence of the person reasonably suspected to have used the vehicle or trailer to commit an offence under the TCASA, or the owner of the vehicle or trailer or his or her agent; and (b) the Chief Executive or authorised officer may seize any cash found in or on any premises or on any person where he or she has reasonable cause to suspect that the cash may afford evidence as to the commission of any offence under the TCASA. If the cash is seized

by an authorised officer, the authorised officer must deliver the seized cash, as soon as is practicable, into the care of the Chief Executive or an officer of the Authority who is an authorised officer and whose duty it is to receive the seized cash. Clause 16 makes consequential amendments to section 28 arising from amendments to section 26. Clause 17 inserts the new section 28A, which provides that a certificate signed by an analyst employed by the Authority or a person appointed by the Minister relating to a product or substance that is the subject of an offence under the TCASA, may be admitted in proceedings for an offence under the TCASA and, until the contrary is proved, is proof of the matters in that certificate. Clause 18 amends section 29 — (a) to disapply section 29 to and in relation to any cash seized in exercise of a power conferred by the TCASA; and (b) to provide that the court must not order the forfeiture of a vehicle or trailer seized in exercise of a power conferred by the TCASA if the owner of the vehicle or trailer satisfies the court that the vehicle or trailer was unlawfully in the possession of another person without the owner’s consent. Clause 19 amends section 30 to provide that the Minister’s power to order anything seized in exercise of a power conferred by the TCASA to be delivered to the owner or other person entitled to the thing does not apply to or in relation to any cash seized. Clause 20 inserts the new sections 30A and 30B. The new section 30A provides that sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, in relation to the disposal of any cash seized by the Chief Executive or an authorised officer. The new section 30B provides that, in relation to the seizure of anything (excluding any cash), a person is not entitled in any court proceedings to the costs of the proceedings or to damages or other relief arising from the seizure, unless the seizure was made without reasonable or probable cause. Clause 21 amends section 37(2) — (a) to provide that the Minister may make regulations authorising the import, sale or possession of tobacco products, vaporisers or imitation tobacco products or their components that contain an SPS and prescribing the circumstances and conditions under which such import or possession is permitted;

(b) to provide that the Minister may make regulations authorising the consumption of specified psychoactive substances and prescribing the circumstances and conditions under which such consumption is permitted; and (c) to make clear that the Minister may make regulations to prescribe any matter that is required or permitted to be prescribed under or for the purposes of the TCASA. Clause 22 inserts the new section 40. The new section 40 empowers the Minister, by order in the Gazette, to amend the new Schedule, with any necessary transitional provisions accompanying the amendment. Clause 23 inserts a new Schedule which contains the descriptions of SPS. Clause 24 makes miscellaneous amendments to various provisions to include references to vaporisers.

PART 2 AMENDMENT OF POISONS ACT 1938 Part 2 amends the Poisons Act 1938 (Poisons Act) and consists of clauses 25 to 30. Clause 25 updates the definition of “Chief Executive of the Authority”. Clause 26 amends section 16(1) to increase the penalties for an offence arising from a contravention of any provision of the Poisons Act, other than a contravention of section 19(1). Clause 27 amends section 19(2) to increase the penalties for an offence of contravening the prohibition under section 19(1) on the sale of any poison to a person below 18 years of age. Clause 28 replaces section 19A to increase the maximum composition sum for offences under the Poisons Act or any rules made under the Act which are prescribed as compoundable offences under the Act. Clause 29 replaces section 19B to provide that all composition sums collected under section 19A must be paid into the Consolidated Fund. Clause 29 also introduces the new section 19C. The new section 19C provides that an employee of the Authority (authorised employee) who is authorised by the Chief Executive of the Authority under section 19A(1) to compound offences is, in relation to his or her administration, collection and enforcement of payment of any composition sum collected under section 19A, treated as a public officer for the purposes of the Financial Procedure Act 1966. These moneys are public moneys that must be accounted for in the Consolidated Fund. Also, section 20 of the Financial Procedure Act 1966 (on surcharge for loss of public moneys, etc.)

applies to an authorised employee even though he or she is not or was not in the employment of the Government. Clause 30 amends section 20(1) — (a) to make clear that the Minister’s power to make rules to carry out the purposes of the Poisons Act includes the power to make rules prescribing the offences under the Act or any rules made under the Act that may be compounded; and (b) to increase the penalties for any offence arising from any act or omission in contravention of any rules made under the Act.

PART 3 RELATED AND CONSEQUENTIAL AMENDMENTS Part 3 makes related and consequential amendments to other Acts and consists of clauses 31 to 38. Clause 31 makes a related amendment to section 2 of the Civil Defence Act 1986 to include SPS within the scope of the definition of “psychoactive substance” for the purposes of that Act. Clause 32 makes a related amendment to section 2(1) of the Merchant Shipping Act 1995 to include SPS within the scope of the definition of “psychoactive substance” for the purposes of that Act. Clause 33 makes related amendments to the MDA. The definition of “inmate” in section 2 of the MDA is amended to refer to the order under section 34 of the MDA. Section 35 of the MDA is amended to provide that the declared approved institution or community rehabilitation centre may be for the purpose of treatment and rehabilitation of persons who smoke, inhale or otherwise consume an SPS as defined in section 2(1) of the Tobacco and Vaporisers Control Act 1993. To avoid overlap, the Fifth Schedule to the MDA is amended to exclude a specified psychoactive substance as defined in section 2(1) of the Tobacco and Vaporisers Control Act 1993 from the definition of a “psychoactive substance” in section 2 of the MDA. Clause 34 makes related amendments to the Prisons Act 1933. A prisoner who is subject to a release order, a home detention order, an external placement order or an employment preparation order must not consume SPS, or have in his or her possession a Part 3A product containing SPS. The definition of “unauthorised article” in section 66(4) of that Act is also amended to include a Part 3A product. Clause 35 makes a related amendment to section 72(1) of the Road Traffic Act 1961 to include SPS within the scope of the definition of “psychoactive substance” for the purposes of that Act.

Clause 36 makes related amendments to sections 34 and 99 of the Singapore Armed Forces Act 1972 to include possession and consumption of SPS as offences punishable under that Act, and to provide that a certificate pertaining to an analysis of SPS is admissible in such proceedings and, until the contrary is proved, is proof of the matters in that certificate. Clause 37 makes a related amendment to section 2 of the Smoking (Prohibition in Certain Places) Act 1992 to exclude from the definition of “smoking” the inhaling and expelling of smoke emitted by a vaporiser or the holding of any vaporiser that is emitting smoke. Clause 38 makes consequential amendments to other Acts arising from the change in the short title to the TCASA.

PART 4 SAVING AND TRANSITIONAL PROVISIONS Clause 39(1) and (2) provides for saving and transitional provisions arising from the fact that the MDA ceases to apply to certain Class C controlled drugs after the transitional period between 1 September 2025 and the date immediately before the date of such cessation, both dates inclusive. These drugs are etomidate and its analogues which are identical to the substances specified in the new Schedule to the TCASA as SPS. After the transitional period, etomidate and its analogues will cease to be classified as Class C controlled drugs under the MDA and will instead be classified as an SPS under the Bill. The MDA will continue to apply to orders, arrests, apprehensions and other acts done during the transitional period. For example, a person who was arrested on suspicion of having consumed etomidate during the transitional period may still be ordered to be admitted to an approved institution for rehabilitation after the transitional period. Clause 39(3) clarifies that an institution or a place declared to be an approved institution or a community rehabilitation centre under section 35 of the MDA before that section was replaced by clause 33(b) of the Bill will be deemed to have been declared under the new section 35 of the MDA. Clause 39(4) provides that the increased composition sum in the new section 19A of the Poisons Act does not apply to any compoundable offence that is reasonably suspected of having been committed before the amendments in clause 28 come into operation. Clause 39(5) clarifies to avoid doubt that nothing in clause 39 affects section 16 of the Interpretation Act 1965. Clause 39(6) contains a transitional provision and empowers the Minister to make further provisions of a saving or transitional nature for any provision of the Bill for a period of 2 years after the date of commencement of any provision of the Bill.

EXPENDITURE OF PUBLIC MONEY

This Bill will involve the Government in extra financial expenditure, the exact amount of which cannot at present be ascertained.