Manufacture of Optical Discs Act 2004

Manufacture of Optical Discs
Act 2004

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to provide for the regulation and control of the manufacture of optical discs, and for matters connected therewith.

[30 July 2004]

PART 1

PRELIMINARY

Short title

1. This Act is the Manufacture of Optical Discs Act 2004.

Interpretation

2. In this Act, unless the context otherwise requires —

“article” includes any device, contrivance, machine or equipment;

“authorised officer” means any officer appointed by the Minister under section 3(1);

“licence” means a licence granted under section 7(1), and “licensee” is to be construed accordingly;

“licensed premises”, in relation to a licence, means any premises specified in the licence in which optical discs are authorised to be manufactured in accordance with this Act;

“manufacture” means the processes and activities involved in the making of optical discs, including (where applicable) mastering or replicating or both;

“manufacturer’s code” means the manufacturer’s code assigned to a licensee under section 7(3)(a);

“optical disc” means any medium or article specified in the Schedule;

“place” means any area on land or water and includes any building, structure or enclosure, whether moveable or not;

“register” means the register established and maintained by the Registrar under section 12;

“Registrar” means the Registrar of Optical Discs appointed under section 3(1).

Appointment of Registrar and other officers

3.—(1) The Minister may appoint a Registrar of Optical Discs, and such Deputy Registrars of Optical Discs and Assistant Registrars of Optical Discs and other officers as the Minister considers necessary for the purposes of this Act.

(2) The Registrar is responsible for the administration of this Act, subject to the general or special directions of the Minister.

(3) The Deputy Registrars of Optical Discs and the Assistant Registrars of Optical Discs have and may exercise, subject to the general direction and supervision of the Registrar, all the powers conferred on the Registrar by this Act.

(4) All officers appointed under subsection (1) are deemed to be public servants for the purposes of the Penal Code 1871.

PART 2

LICENSING, ETC.

Need for licence to manufacture optical discs

4.—(1) Subject to the provisions of this Act, a person must not engage in the manufacture for sale or other commercial purpose of any optical disc in any place except under the authority, and in accordance with the terms and conditions, of a licence.

(2) Any person who contravenes subsection (1) shall be guilty of an offence.

(3) For the purpose of subsection (1), any person who owns, directs, manages or otherwise has control of a business which undertakes the manufacture of optical discs is deemed to engage in the manufacture of optical discs for a commercial purpose.

Unlicensed premises

5. Any licensee who manufactures for sale or other commercial purpose any optical disc in a place other than the licensed premises shall be guilty of an offence.

Application for licence

6.—(1) An application for the grant or renewal of a licence must be made to the Registrar in such form and manner as the Registrar may determine.

(2) The Registrar may, at any time after receiving the application under subsection (1), by written notice require the applicant to provide such additional documents or information as the Registrar considers necessary.

(3) Where any additional document or information required under subsection (2) is not provided by the applicant within the time specified in the notice or any longer period granted by the Registrar, the application is deemed to be withdrawn.

Grant or renewal of licence

7.—(1) The Registrar may, upon receipt of an application together with the documents and information required under section 6, grant or renew a licence (as the case may be) or refuse to do so.

(2) Without limiting subsection (1), the Registrar may refuse to grant or renew a licence if he or she is satisfied that —

(a)	the applicant, or any individual who is or is to be a director, manager, secretary or other similar officer of the applicant, has been convicted of an offence under this Act;
(b)	the applicant, or any individual who is or is to be a director, manager, secretary or other similar officer of the applicant, has provided to the Registrar any false or misleading information; or
(c)	the applicant is, for any other reason, not a fit and proper person to hold a licence.

(3) If the Registrar grants a licence under subsection (1) —

(a)

the Registrar must assign to the licensee a manufacturer’s code which must consist of —

(i)	one or more letters or numbers;
(ii)	a mark, sign, symbol or device; or
(iii)	any combination of letters, numbers, marks, signs, symbols or devices,

as may be prescribed or determined by the Registrar; and

(b)

the Registrar may impose any terms or conditions that he or she thinks fit.

Form and duration of licence

8. Every licence is to be in such form as may be determined by the Registrar and, unless sooner cancelled, is valid for such period as may be specified in the licence.

Power to vary terms and conditions

9.—(1) The Registrar may, at any time after a licence is granted or renewed, by written notice add to, vary or revoke any term or condition of the licence.

(2) The Registrar must, before taking any action under subsection (1) —

(a)	give the licensee written notice of the Registrar’s intention to do so; and
(b)	give the licensee an opportunity to make written representations, within the time specified in the notice or any longer period granted by the Registrar, as to why the term or condition should not be added to, varied or revoked, as the case may be.

Suspension or cancellation of licence

10.—(1) The Registrar may, by written notice, suspend or cancel a licence if he or she is satisfied that —

(a)	there exists a ground on which he or she may refuse to grant or renew a licence under section 7;
(b)	the licensee has contravened any term or condition of the licence or any provision of this Act;
(c)	the licensee has ceased to carry on the business of manufacturing optical discs in the licensed premises; or
(d)	there exists such other circumstances as may be prescribed.

(2) The Registrar must, before suspending or cancelling a licence under subsection (1) —

(a)	give the licensee written notice of the Registrar’s intention to do so; and
(b)	give the licensee an opportunity to make written representations, within the time specified in the notice or any longer period granted by the Registrar, as to why the licence should not be suspended or cancelled, as the case may be.

(3) Any suspension or cancellation of a licence under subsection (1) takes effect —

(a)	where there is no appeal against the suspension or cancellation under section 14, on the expiry of 14 days from the date on which the notice of suspension or cancellation (as the case may be) is served on the licensee; or
(b)	where there is an appeal against the suspension or cancellation under section 14, when the suspension or cancellation (as the case may be) is confirmed by the Minister.

Surrender of licence

11.—(1) A licensee may surrender the licensee’s licence by forwarding it to the Registrar with a written notice of its surrender.

(2) The surrender takes effect on the date the Registrar receives the licence and the notice under subsection (1) or, where a later date is specified in the notice, on that later date.

12.—(1) The Registrar must establish and maintain a register of the licences granted under this Act in the form and manner that he or she thinks fit.

(2) The Registrar must make the register available for public inspection subject to any terms or conditions that he or she considers appropriate.

Maintenance of records

13.—(1) A licensee must keep and maintain complete and accurate records in such form and manner, and containing such information, as may be prescribed.

(2) The records mentioned in subsection (1) must be —

(a)	kept up-to-date and in good order and condition; and
(b)	available at all times for examination by any authorised officer or police officer.

(3) A licensee must submit any records, or provide any other documents or information, required by the Registrar within the time specified by the Registrar.

(4) Any licensee who contravenes subsection (1), (2) or (3) shall be guilty of an offence.

Appeal to Minister

14.—(1) Any person who is aggrieved by a decision of the Registrar under this Part may appeal to the Minister within 14 days after the date on which the person is notified of the decision or any longer period allowed by the Minister.

(2) The Minister may confirm, vary or reverse the Registrar’s decision appealed against, or give any directions in the matter that the Minister thinks fit.

(3) The Minister’s decision under subsection (2) is final.

PART 3

MANUFACTURER’S CODE

Optical discs to be marked with manufacturer’s code

15.—(1) Subject to subsection (2), every licensee must mark, or cause to be marked, each optical disc manufactured by the licensee with the manufacturer’s code assigned to the licensee under section 7(3)(a) and in accordance with the standards prescribed under section 16.

(2) A licensee need not comply with subsection (1) in relation to any optical disc if, and only if, a person who owns or is a licensee of the right to reproduce the content in the optical disc, which the licensee has verified, has requested the licensee not to mark the optical disc with the manufacturer’s code.

(3) Any licensee who contravenes subsection (1) shall be guilty of an offence.

Marking standards

16.—(1) The Minister may prescribe standards for the marking of manufacturer’s codes on optical discs.

(2) Without limiting subsection (1), the Minister may —

(a)	prescribe different standards in relation to different classes or descriptions of optical discs;
(b)	prescribe standards relating to the manner in which, and the means by which, manufacturer’s codes are to be marked on optical discs generally or on optical discs of any class or description; or
(c)	adopt or incorporate by reference standards that have been published by any body or authority in Singapore or elsewhere, with or without modification, and either as in effect on a particular date specified or as amended from time to time.

Applying false manufacturer’s code

17.—(1) Any person who falsely applies, or causes to be falsely applied, to an optical disc a manufacturer’s code or any mark so resembling a manufacturer’s code as to be calculated to deceive shall be guilty of an offence.

(2) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that the person acted without intent to deceive or defraud.