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Public Order (Composition of Offences) Regulations

Public Order (Composition of Offences) Regulations 2011
Enacting Formula
1 Citation and commencement
2 Compoundable offences
3 Meaning of “repeat offender”
4 Revocation
No. S 136 PUBLIC ORDER ACT 2009 (
ACT 15 OF 2009 )
PUBLIC ORDER (COMPOSITION OF OFFENCES) REGULATIONS 2011
In exercise
of the powers conferred by sections 41 and 47 of t he Public Order Act
2009, the Minister for Home Affairs hereby makes th e following Regulations:
Citation and commencement 1. These Regulations may be cited as the
Public Order (Composition of Offences)
Regulations 2011 and shall come into operation on 1 4th March 2011.
Compoundable offences 2. The following offences may be compounded
by the Commissioner or any police
officer authorised in writing by the Commissioner in accordance with section 41 of
the Act :
(a) any offence under section 16(1)( c) of the Act (other than by a repeat
offender) for failing to comply with any condition of a permit for an
election meeting specified in regulation 6 of the P ublic Order (Election
Meetings) Regulations 2009 (G.N. No. S 486/2009) or any additional
condition of such a permit imposed under section 8( 2) of the
Act in
relation to an election meeting;
(b) any offence under regulation 9(4), (6) or (7) or 10(3) of the Public Order
(Election Meetings) Regulations 2009 ;
(c) any offence under section 16(1)( a) of the Act (other than by a repeat
offender) for organising any public assembly or pub lic procession as
follows, and in respect of which no permit has been granted under
section 7 of the
Act :
(i) a public assembly on the day of nomination at an el ection under
the
Parliamentary Elections Act (Cap. 218), or on nomination
day at an election under the
Presidential Elections Act (Cap.
240A) , around or within a place of nomination for any su ch
election which would otherwise be exempt from the requirements

Meaning of “repeat offender” 3.—(1) In these Regulations, “repeat offender”, in
relation to an offence referred
to in regulation 2( a), (c), (d) or (e), means a person who has been convicted, or found
guilty, on at least one other occasion within the relevant period —
of section 5(1)( a) of the Act but for non -compliance with any
requirement specified in item 12, 13, 14 or 15 in t he
First Schedule to the Public Order (Exempt
Assemblies and
Processions) Order 2009 (G.N. No. S 489/2009), as the case may
be; or
(ii) a public procession on the day of nomination at an election under
the Parliamentary Elections Act , or on nomination day at an
election under the
Presidential Elections Act , around a place of
nomination for any such election, which would other wise be
exempt from the requirements of section 5(1)( a) of the
Act but
for non-compliance with any requirement specified i n item 5 or 6
in the Second Schedule to the Public Order (Exempt
Assemblies
and Processions) Order 2009 , as the case may be;
(d) any offence under section 16(2)( a) of the Act (other than by a repeat
offender) for taking part in any public assembly or public procession as
follows, and in respect of which no permit has been granted under
section 7 of the
Act :
(i) a public assembly on the day of nomination at an election u nder
the Parliamentary Elections Act , or on nomination day at an
election under the
Presidential Elections Act , around or within a
place of nomination for any such election which would otherwise
be exempt from the requirements of section 5(1)( a) of the
Act but
for non-compliance with any requirement specified i n item 12,
13, 14 or 15 in the First Schedule to the Public Or der (Exempt
Assemblies and Processions) Order 2009 (G.N. No. S 489/2009),
as the case may be; or
(ii) a public procession on the day of nomination at an election under
the Parliamentary Elections Act , or on nomination day at an
election under the
Presidential Elections Act , around a place of
nomination for any such election, which would other wise be
exempt from the requirements of section 5(1)( a) of the
Act but
for non-compliance with any requirement specified i n item 5 or 6
in the Second Schedule to the Public Order (Exempt
Assemblies
and Processions) Order 2009 , as the case may be;
(e) any offence under section 16(1)( c) or (2)( c) of the Act (other than by a
repeat offender) for failing to comply with any con dition or additional
condition of a permit imposed under section 8(2) of the
Act in relation to a
public procession held during the election period ( as defined by the
Parliamentary Elections Act (Cap. 218) ).

(2) For the purposes of paragraph (1) , “relevant period” means a period of 5 years
immediately before the date on which the Commissioner, or any police officer
authorised in writing by the Commissioner, may, if not for these Regulations, offer
composition for any such offence.
Revocation
4. The Public Order (Election Meetings —
Composition of Offences) Regulations
2009 (G.N. No. S 488/2009) are revoked.
Made this 11th day of March 2011.
[MHA 44/5/004 TF1; AG/LLRD/SL/257A/2010/6 Vol. 1] (To be presented to Parliament under section 47(4) of the Public Order Act 2009).
(a) the same offence referred to in regulation 2( a), (c), (d) or (e), as the case
may be;
(b) an offence under section 5(4) of the Miscellaneous Offences (Public Order
and
Nuisance) Act (Cap. 184) as in force immediately before 9th October
2009; or
(c) an offence under any rules made under section 5(1) of the Miscellaneous
Offences (Public Order and Nuisance) Act as in force immediately before
9th October 2009, in relation to any assembly or pr ocession in any public
road, public place or place of public resort held w ithout a permit under
those rules or in contravention of any term or condition of such a permit.
BENNY LIM
Permanent
Secretary,
Ministry of Home Affairs,
Singapore.

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