Electric Vehicles Charging Act 2022

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

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NO. 4]

Friday, January 27

[2023

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The following Act was passed by Parliament on 30 November 2022 and assented to by the President on 27 December 2022:—

Electric Vehicles Charging Act 2022

(No. 43 of 2022)

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I assent.

HALIMAH YACOB,

President.

27 December 2022.

Date of Commencement: 8 December 2023 Sections 2, 3, 4(1)(a), (2), (3) and (4) (except the definitions of “outwork arrangement” and “outworker”) and 5, Parts 2 to 13 and the Schedule

An Act to regulate devices intended for charging electric vehicles and operators of charging stations and providers of charging services for electric vehicles, to expand the network of accessible electric vehicle charging points, 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:

PART 1

PRELIMINARY

Short title and commencement

1.  This Act is the Electric Vehicles Charging Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.

General interpretation

2.  In this Act —

“acquire”, in relation to any thing, means —

(a) to buy (by wholesale or retail) the thing;

(b) to accept or receive a supply of the thing; or

(c) to accept or receive a transfer of ownership or possession (by gift, lending or supply) of the thing;

“advertisement” means any information or material that gives publicity or any announcement or notice that is —

(a) any writing;

(b) any still or moving picture, sign, symbol or other visual image;

(c) any audible message; or

(d) any combination of 2 or more of those things in paragraphs (a), (b) and (c);

“approved person”, in relation to a homologated model, means a person given approval by the LTA under section 7(3) for that homologated model;

“arrangement” includes a contract, an agreement, an understanding or other arrangement of any kind, whether written or unwritten;

“authorised officer”, for any provision of this Act, means an individual who is appointed under section 89 as an authorised officer for the purposes of that provision;

“battery”, in relation to an electric vehicle, means a rechargeable energy storage system which can be recharged with electricity externally so as to derive power to propel an electric vehicle equipped with that rechargeable energy storage system;

“battery charge and swap station” or “BCSS” has the meaning given by section 4(4);

“business” includes any business, whether or not carried on for profit and whether or not its primary function is connected with an EV charging service;

“charge” means the transfer of electricity from a charging point or an EV charger to the battery of an electric vehicle;

“charging point” means —

(a) each electrical socket outlet that is part of a fixed EV charger from which electricity may be supplied during charging of a single electric vehicle;

(b) each vehicle connector that is part of a fixed EV charger and is insertable into an electric vehicle inlet of a single electric vehicle so as to supply electricity during charging of that single electric vehicle; or

(c) for a fixed EV charger which has both features in paragraphs (a) and (b), each combination of those features from which electricity may be supplied during charging of a single electric vehicle;

“charging station” means a place in Singapore with an electrical installation —

(a) to which a fixed EV charger is affixed; and

(b) which provides one or more charging points,

and includes a battery charge and swap station;

“charging station operator” has the meaning given by section 4(1);

“electric vehicle” or “EV” means a motor vehicle that is —

(a) propelled wholly or partly by electricity, whether or not designed or adapted to be capable, in at least some circumstances or situations, of safely driving itself; and

(b) equipped with a battery;

“electric vehicle charger” or “EV charger” means any device that is used to supply electricity to the battery of an electric vehicle for the purpose of charging the battery, including any wiring, fitting or apparatus (but not the isolator) connected to the device for that same purpose;

“electric vehicle charging service” or “EV charging service” has the meaning given by section 4(2);

“electrical installation” has the meaning given by section 2(1) of the Electricity Act 2001;

“fixed EV charger” means an EV charger that is, or is designed to be capable of being, affixed to any electrical installation, and includes the following:

(a) a high‑powered fixed EV charger;

(b) a pantograph fixed EV charger;

“general public” means the general public in Singapore and includes a section of the general public in Singapore;

“homologated model”, for an EV charger, means a model of EV charger in respect of which the LTA grants a section 7(3) approval;

“licence” means a licence granted under Part 6 to undertake a regulated activity specified in the licence;

“licensee” means a person to whom a licence is granted;

“LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act 1995;

“LTA’s website” means the Internet website of the address prescribed;

“motor vehicle” means a vehicle that —

(a) is propelled wholly or partly by a motor or by any means other than human or animal power; and

(b) is used or intended to be used on any road;

“non‑fixed EV charger” means an EV charger that is not a fixed EV charger;

“offence under this Act” includes an offence under any Regulations;

“officer”, in relation to an applicant for a licence or a licensee, means —

(a) where the applicant or licensee is a body corporate (including a limited liability partnership) —

(i) an individual for the time being holding the office of chairperson, director, partner, chief executive officer, manager or company secretary (as the case may be) of the body corporate or any position analogous to any of those offices; or

(ii) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation;

(b) where the applicant or licensee is a partnership (including a limited partnership), a partner of the partnership; or

(c) where the applicant or licensee is an unincorporated association (other than a partnership), an individual for the time being holding the office of president, secretary or member (as the case may be) of a committee of the unincorporated association, or any position analogous to any of those offices,

and includes any person carrying out the duties of any such office referred to in paragraph (a), (b) or (c) if the office is vacant;

“outsourced enforcement officer”, in relation to any provision of this Act or the Regulations, means an individual who —

(a) is appointed under section 11 of the Land Transport Authority of Singapore Act 1995;

(b) is authorised by or under that Act to exercise any powers under any provision of this Act or the Regulations, as the case may be; and

(c) is acting within that authorisation;

“place” means any of the following in Singapore:

(a) a building or structure (whether permanent or temporary);

(b) an open space or open area (whether indoor or outdoor);

(c) a motor vehicle,

and includes any part of a place, such as a room;

“public authority” means a body that is established or constituted by or under a public Act to perform or discharge a public function, but does not include any Town Council;

“publish” means to make available to the general public, in whatever form and by whatever means;

“register of registered‑for‑charging EV chargers” is the register of that name required to be kept and maintained under section 22;

“registered‑for‑charging EV charger” means an EV charger that is registered under section 19;

“registered responsible person”, in relation to a registered‑for‑charging EV charger, means a person issued with the registration mark of that EV charger under section 20 or the last person to whom the registration is transferred under section 27;

“regulated activity” means either or both of the following:

(a) providing electric vehicle charging services in Singapore;

(b) engaging in conduct as a charging station operator;

“Regulations” means regulations made under section 94;

“repeat offender”, in relation to any offence under this Act, means a person who —

(a) is convicted, or found guilty, of such an offence (called the current offence); and

(b) has been convicted or found guilty of the same offence on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence;

“section 7(3) approval” means an approval given under section 7(3) in respect of a model of EV charger;

“specially authorised EV charger” means an EV charger that is the subject of rules made under Part 4;

“unregistered EV charger” means an EV charger that is not a registered‑for‑charging EV charger;

“vehicle” means any vehicle designed or adapted for use on a road but excludes any of the following within the meanings given by the Active Mobility Act 2017:

(a) a bicycle;

(b) a mobility scooter;

(c) a personal mobility device;

(d) a wheelchair;

(e) a wheeled toy.

Meaning of “supply”

3.—(1)  In this Act, “supply” includes carrying on any of the following activities, or a combination of those activities, in relation to any thing:

(a) selling or agreeing to sell the thing;

(b) bartering or exchanging the thing;

(c) giving away the thing, whether or not as a prize or reward, or as a free sample or for the purpose of advertising, or in furtherance of, any trade or business;

(d) selling, bartering, exchanging, hiring out or leasing out any product or object of which the thing forms a part;

(e) doing any of the above as an agent or a broker, or by an agent or a broker.

(2)  For the purposes of this Act, a person takes part in the supply of any thing if the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply.

(3)  Despite subsection (2), a person is not treated as taking part in the supply of any thing by reason only that the person provided financing for any step taken in the process of the supply of that thing.

(4)  In this section, “sale” includes —

(a) sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and

(b) resale.

Meanings of “charging station operator”, “electric vehicle charging service” and associated terms

4.—(1)  A reference in this Act to a charging station operator is a reference to a person who —

(a) operates in the course of any business, one or more charging stations for use primarily by the general public to charge any electric vehicle for its propulsion;

(b) operates in the course of any business, one or more charging stations for the exclusive use of all or any of the following persons for any of the following purposes:

(i) an employee of the person for the performance of employment duties —

(A) to charge an electric vehicle under that employee’s charge and control; or

(B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that employee’s charge and control for a recharged battery;

(ii) an outworker for the performance of duties under an outwork arrangement with the person —

(A) to charge an electric vehicle under that outworker’s charge and control; or

(B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that outworker’s charge and control for a recharged battery;

(iii) an individual engaged in any particular occupation under an arrangement with the person in order to carry on his or her occupation —

(A) to charge an electric vehicle under that individual’s charge and control; or

(B) to exchange a depleted (in whole or in part) battery of an electric vehicle under that individual’s charge and control for a recharged battery; or

(c) has charge and control of any charging point in any place in Singapore (whether or not in the course of any business) to charge any electric vehicle for its propulsion unless excluded by the Minister by order in the Gazette.

(2)  A reference in this Act to an “electric vehicle charging service” or “EV charging service” is a reference to a service —

(a) that is provided using any charging point (except at a BCSS) under which any person may, on‑demand or otherwise, and for consideration, hire that charging point to charge an electric vehicle for its propulsion;

(b) that is provided using a BCSS under which any person can, on‑demand or otherwise, and for consideration, exchange a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle;

(c) that is provided using a non‑fixed EV charger under which any person may enter into a lease arrangement to rent the non‑fixed EV charger to charge an electric vehicle for its propulsion; or

(d) under which any person may, by any other arrangement and for consideration, charge an electric vehicle for its propulsion,

regardless if the service is provided on a single occasion or on one or more occasions within a fixed period of time, but excludes any service of a kind that is prescribed by the Minister by order in the Gazette as not an EV charging service.

(3)  In addition, in this Act, an “electric vehicle charging service” or “EV charging service” extends to any service described in subsection (2) provided —

(a) as a free gift, or with the supply of any other goods or services or the provision of any parking place or parking lot as a free gift;

(b) as a prize or reward in any lottery, raffle, draw, game or competition held in Singapore; or

(c) as a free demonstration of an EV charging service or otherwise for the purpose of advertising, or in furtherance of, an EV charging service or any other trade or business.

(4)  In this Act —

“battery charge and swap station” or “BCSS” means a place in Singapore installed with a fixed EV charger that is designed or adapted to be capable of exchanging a depleted (in whole or in part) battery of an electric vehicle for a recharged battery for the propulsion of the electric vehicle;

“outwork arrangement” means a contract, an agreement, an understanding or other arrangement of any kind (whether written or unwritten) with a contractor —

(a) under which an individual (whether or not in the course of business or providing other services) performs work contracted to be performed under that contract, agreement, understanding or other arrangement for the contractor; and

(b) that is not a contract of employment;

“outworker” means an individual who performs work under an outwork arrangement;

“providing an electric vehicle charging service” means providing an EV charging service in the course of business, whether or not the primary function of the business involves an EV charger.

Purpose of Act

5.  The purpose of this Act is to reduce the carbon emissions of road transport in Singapore through the use of electricity sources which serve as a whole or partial substitute for fossil fuels sources in road transport in Singapore, by —

(a) promoting the safe use of EV chargers through regulation of the supply of EV chargers;

(b) expanding the network of accessible charging points through infrastructure development measures; and

(c) ensuring the safe undertaking of regulated activities, and the reliability of the network of charging points and provision of EV charging services.

PART 2

SUPPLY OF EV CHARGERS

Division 1 — Approval needed to supply

Only homologated model of EV charger can be supplied

6.—(1)  Subject to subsection (2), a person commits an offence if the person supplies in Singapore to another (whether in or outside Singapore) for any purpose an EV charger —

(a) that is not of a homologated model; and

(b) that the person knows or ought reasonably to know is not of a homologated model.

(2)  Subsection (1) does not apply to the supply of an EV charger in Singapore —

(a) for the sole purpose of its destruction or export;

(b) that is a specially authorised EV charger; or

(c) that is of a former homologated model but covered by grandfathering arrangements because of a prospective revocation under section 9(3)(b) of the section 7(3) approval of that model.

(3)  A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a) where the person is an individual —

(i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but

(ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

(b) where the person is not an individual —

(i) to a fine not exceeding $40,000; but

(ii) where the person is a repeat offender — to a fine not exceeding $80,000.

Application for homologation of EV charger model

7.—(1)  An application for approval under subsection (3) in respect of a model of EV charger must be made to the LTA.

(2)  An application under subsection (1) must —

(a) be made to the LTA in the form and manner prescribed or, if not so prescribed, as required by the LTA;

(b) provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA unless the LTA waives this requirement; and

(c) be accompanied by —

(i) the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and

(ii) the prescribed fee, if any.

(3)  Subject to subsections (4) and (5), the LTA may approve a model of EV charger if it is satisfied that the model of EV charger satisfies the safety and performance standards prescribed to be a homologated model.

(4)  The LTA may refuse to approve any model of EV charger under subsection (3) if —

(a) the application for the approval contains any false or misleading information; or

(b) the applicant fails —

(i) to provide or make available an EV charger of the model which is the subject of the application, for inspection or demonstration before the LTA where this requirement is not waived; or

(ii) to provide the information and documents required under subsection (2)(c).

(5)  The LTA may retain an EV charger that is provided or made available in connection with an application under this section without charge for so long as the LTA requires to decide the application.

Approval labels

8.—(1)  Upon granting a person a section 7(3) approval for a model of EV charger (called an approved person), the LTA must —

(a) issue the approved person with an approval code for the approved person and that homologated model; and

(b) make available to the approved person, on payment by the approved person of a fee (if prescribed), approval labels to be affixed to each EV charger of that same model which the approved person intends to supply, install, certify or charge with in Singapore.

(2)  An approved person for a homologated model must take all reasonably practicable steps to ensure that an approval label made available by the LTA under subsection (1)(b) —

(a) is affixed to each EV charger of that homologated model that the approved person intends to supply, install or certify before the EV charger is first supplied, installed or certified by the person in Singapore;

(b) is not affixed to an EV charger which is of a different model from that to which the label relates; and

(c) is affixed to the relevant EV charger in accordance with the manner prescribed.

(3)  An approved person for a homologated model who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction —

(a) where the person is an individual —

(i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but

(ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b) where the person is not an individual —

(i) to a fine not exceeding $2,500; but

(ii) where the person is a repeat offender — to a fine not exceeding $5,000.

Revocation of section 7(3) approval

9.—(1)  The LTA may revoke the approval given to a person in respect of an EV charger under section 7(3) if the LTA is of the opinion that —

(a) the model of that EV charger has ceased to satisfy the safety and performance standards prescribed to be a homologated model;

(b) the section 7(3) approval was procured by fraud or misrepresentation;

(c) the LTA becomes aware of a circumstance that would have permitted the LTA to refuse to give the section 7(3) approval, had the LTA been aware of the circumstance immediately before giving that approval; or

(d) revocation is appropriate and necessary so as —

(i) to alleviate or minimise a serious and imminent threat or risk to the security of the supply of electricity to consumers in Singapore; or

(ii) to avoid any actual or imminent occurrence that may cause the death of, or a serious injury to, any individual or serious damage to any property from the use of any EV charger of that model.

(2)  Unless not practicable in the circumstances, the LTA must, before revoking any section 7(3) approval under subsection (1), give written notice to the person to whom the approval was given —

(a) stating that the LTA intends to revoke the approval;

(b) specifying the grounds for the proposed revocation; and

(c) specifying the time (being at least 7 days after the date of service of notice on the person to whom the approval was given) within which written representations may be made to the LTA with respect to the proposed revocation.

(3)  The LTA may, after considering any written representation under subsection (2)(c), decide to revoke, with effect from the effective date in subsection (5), any section 7(3) approval granted with respect to a model of EV charger either —

(a) absolutely for all EV chargers of that model; or

(b) prospectively without affecting EV chargers of that model to which approval labels have been affixed before that specified date.

(4)  Where the LTA decides to revoke a section 7(3) approval in respect of a model of EV charger, the LTA must serve a notice of its decision on the person to whom the approval was given.

(5)  A decision to revoke a section 7(3) approval takes effect from the date on which the notice under subsection (4) is given, or on such other date as may be specified in the notice.

(6)  In the case of a prospective revocation under subsection (3)(b) of a model of EV charger without affecting EV chargers of that model to which approval labels have been affixed before a specified date, every EV charger not affected is to be treated, for the purposes of this Act, as subject to a grandfathering arrangement because of that prospective revocation.

Follow-up after revocation of section 7(3) approval

10.—(1)  In addition to section 9, where the LTA revokes a section 7(3) approval for a model of EV charger, the LTA must publish —

(a) a notice of the revocation; and

(b) in the case of an absolute revocation under section 9(3)(a), a notice that EV chargers of that model must no longer bear an approval label from a time specified in that notice,

in a manner that the LTA thinks will secure adequate publicity for the fact of revocation.

(2)  Upon publication of a notice under subsection (1) about the revocation of any section 7(3) approval with respect to a model of EV charger —

(a) a person in possession of any approval label made available under section 8 for that same model must not intentionally affix, or intentionally or negligently allow to be affixed, any such approval label to any EV charger at any time on or after the effective date of revocation in section 9(5); and

(b) in the case of an absolute revocation under section 9(3)(a), a person in possession of an EV charger of that same model which, on the date the notice is published, has such an approval label affixed —

(i) must not intentionally transfer possession of the EV charger, or intentionally or negligently allow possession of the EV charger to be transferred, with the approval label still affixed unless the transfer is for the purpose of destroying or exporting the EV charger; and

(ii) must take all reasonably practicable steps to remove the approval label from the EV charger within the period specified in the notice.

(3)  A person who, without reasonable excuse, contravenes subsection (2)(a) or (b) shall be guilty of an offence and shall be liable on conviction —

(a) where the person is an individual —

(i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but

(ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b) where the person is not an individual —

(i) to a fine not exceeding $2,500; but

(ii) where the person is a repeat offender — to a fine not exceeding $5,000.

Division 2 — Alteration post-section 7(3) approval

No alteration, etc., of EV charger of homologated model

11.—(1)  A person must not alter or modify, or allow to be altered or modified an EV charger that —

(a) is of a homologated model; or

(b) is of a former homologated model but covered by grandfathering arrangements because of a prospective revocation under section 9(3)(b),

except with the prior approval of the LTA under section 12 for the alteration or modification.

(2)  A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

(a) where the person is an individual —

(i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; but

(ii) where the individual is a repeat offender — to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 48 months or to both; or

(b) where the person is not an individual —

(i) to a fine not exceeding $40,000; but

(ii) where the person is a repeat offender — to a fine not exceeding $80,000.

(3)  An EV charger that is altered or modified in contravention of subsection (1) is treated as having ceased to belong to that homologated model or former homologated model, as the case may be.

(4)  For the purposes of subsections (1) and (3), it is immaterial whether the altering or modifying of the EV charger is to rectify any damage to it or to return the EV charger to its original operable condition.

(5)  However, subsections (1) and (3) do not apply to altering or modifying an EV charger that consists of or results in any minor change in features, functionalities or performance of the EV charger that is prescribed.

Approval of alteration, etc.

12.—(1)  An application for approval to alter or modify an EV charger must be made to the LTA —

(a) in the form and manner prescribed or, if not so prescribed, as required by the LTA; and

(b) accompanied by —

(i) the prescribed information and documents and any additional information or documents that the LTA may require to decide the application; and

(ii) the prescribed fee, if any.

(2)  The LTA may refuse to give to an applicant any approval under subsection (1) to alter or modify an EV charger if —

(a) the proposed alteration or modification will, in the LTA’s opinion, cause the EV charger —

(i) to cease to satisfy the safety and performance standards prescribed to be a homologated model, or the safety and performance standards that were prescribed for a former homologated model if the EV charger concerned is covered by grandfathering arrangements because of a prospective revocation under section 9(3)(b); or

(ii) to become another model of EV charger;

(b) the application for the approval contains any false or misleading information; or

(c) the applicant fails to provide the information and documents required under subsection (1)(b).

(3)  An EV charger of a homologated model does not cease to belong to that homologated model even if the EV charger is altered or modified, so long as the alteration or modification is with the prior approval of the LTA under this section for the alteration or modification.

(4)  An EV charger covered by grandfathering arrangements because of a prospective revocation under section 9(3)(b) does not cease to be covered by the grandfathering arrangements even if the EV charger is altered or modified, so long as the alteration or modification is with the prior approval of the LTA under this section for the alteration or modification.

Alteration-approved labels

13.—(1)  Upon granting to any person an approval under section 12 to alter or modify an EV charger, the LTA must make available to the person, on payment by the person of a fee (if prescribed), an alteration‑approved label —

(a) which signifies the grant of that approval; and

(b) which is to be affixed to the EV charger altered or modified which the person intends to supply, install, certify or charge with in Singapore.

(2)  The person granted approval under section 12 to alter or modify an EV charger must take all reasonably practicable steps to ensure that an alteration‑approved label made available by the LTA under subsection (1) —

(a) is affixed only to each altered or modified EV charger that the person intends to supply, install, certify or charge with before the EV charger is first supplied, installed, certified or charged with by the person in Singapore;

(b) is not affixed to an EV charger which is not altered or modified, or is not altered or modified according to the terms of the approval under section 12; and

(c) is affixed to the relevant EV charger in accordance with the manner prescribed.

(3)  A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction —

(a) where the person is an individual —

(i) to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but

(ii) where the individual is a repeat offender — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b) where the person is not an individual —

(i) to a fine not exceeding $2,500; but

(ii) where the person is a repeat offender — to a fine not exceeding $5,000.

Division 3 — Advertising supply of EV chargers

Interpretation of this Division

14.  In this Division —

“access”, in relation to any advertisement on the Internet, means to read, view, hear or otherwise experience the content of the advertisement, by means of a broadcasting service or an electronic service, and includes —

(a) access that is subject to a precondition, such as the use of a password;

(b) access by way of push technology;

(c) access by way of a standing request; and

(d) access for a limited period of time only;

“non‑approved EV charger” means an EV charger —

(a) that belongs to a model that is not a homologated model;

(b) that is not a specially authorised EV charger; and

(c) that is not covered by any grandfathering arrangement because of a prospective revocation under section 9(3)(b) of any section 7(3) approval.

Prohibited advertising of non-approved EV charger

15.—(1)  A person must not publish, or cause to be published, or take part in the publication, in Singapore, of any advertisement —

(a) containing any express or implied inducement, suggestion or request to acquire in Singapore a non‑approved EV charger;

(b) providing a facility for a person who has access to the advertisement on the Internet to acquire in Singapore a non‑approved EV charger; or

(c) relating to a non‑approved EV charger in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the acquisition in Singapore of the non‑approved EV charger.

(2)  In this section, an advertisement that is published electronically is treated as published in Singapore if —

(a) the advertisement originates in Singapore, even if none of the persons capable of having access to the advertisement is physically present in Singapore; or

(b) all of the following apply in respect of the advertisement:

(i) the advertisement did not originate in Singapore, or the advertisement’s origin cannot be determined;

(ii) the advertisement is published or caused to be published by a Singapore‑connected person or the Singapore‑connected person takes part in that publication;

(iii) the advertisement is accessible by persons physically present in Singapore.

(3)  A person who is, in the course of business, selling or offering or exposing for sale, any EV charger in any place, must not display or cause to be displayed any non‑approved EV charger in the place —

(a) when so selling, or offering or exposing for sale, any EV charger; and

(b) knowing that, or reckless as to whether, it is a non‑approved EV charger.

(4)  A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

(5)  In this section —

“sale” means sale by wholesale or retail and includes —

(a) sale under a conditional sale agreement or a hire‑purchase agreement as defined by the Hire‑Purchase Act 1969; and

(b) resale;

“Singapore‑connected person” means —

(a) a citizen or permanent resident of Singapore;

(b) an individual in Singapore;

(c) a company or other body corporate incorporated in, or having its central management and control in, Singapore; or

(d) an unincorporated body established in Singapore,

and includes any person or persons constituting or responsible for the management of a person in paragraph (c) or (d).

Defences

16.  In any proceedings for an offence under section 15(1), it is a defence for the person charged to prove that —

(a) the person —

(i) is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business; and

(ii) did not know and had no reason to suspect that the advertisement would contravene the provisions of section 15(1); or

(b) the advertisement is published for the sole purpose of destroying or exporting the non‑approved EV charger.

Corrective measures for unlawful advertisement

17.—(1)  Where an authorised officer, after receiving a complaint or on the authorised officer’s initiative, is satisfied that an advertisement has been published, or caused to be published, in contravention of section 15(1), the authorised officer may, after having regard to the matters mentioned in subsection (4), order the person whom the authorised officer reasonably suspects to have published, or caused to be published, the advertisement to do all or any of the following within the time specified in that order:

(a) to stop any further publication of the advertisement with immediate effect;

(b) to take such measures as may be reasonable and necessary in the circumstances to disable access by end‑users in Singapore to the advertisement if published on the Internet;

(c) to publish a corrective advertisement in such manner and containing such information as may be specified by the LTA.

(2)  The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order.

(3)  If a person to whom an order under subsection (1) is directed fails to comply with the order, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.

(4)  Before ordering a person under subsection (1) with respect to an advertisement on the Internet, an authorised officer must have regard, and give such weight as the authorised officer considers appropriate, to all of the following matters:

(a) whether, having regard to the content of the advertisement and the way the EV charger is advertised or promoted, the primary purpose of the advertisement advocates or encourages others, or is used by others, to commit an offence under this Act;

(b) whether the advertisement is accessible by end‑users in Singapore;

(c) the volume of viewers accessing the advertisement who are or are likely to be end‑users in Singapore;

(d) the technical feasibility of complying with the order.

(5)  To avoid doubt, an authorised officer is not confined to consideration of matters specified in subsection (4) and may take into account such other matters and evidence as may be relevant.