Duty to check register

(1) No person shall, on or after the prescribed date, send a specified message addressed to a Singapore telephone number unless the person had within the prescribed duration (which may include a duration before the prescribed date) before sending the specified message —
(a) applied to the Commission under section 40(2) to confirm whether that Singapore telephone number is listed in the relevant register; and
(b) received confirmation from the Commission that that Singapore telephone number is not listed in the relevant register.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.
(3) In any proceedings for an offence under subsection (1), it shall be a defence for the person charged to prove that the subscriber or user of the telephone number —
(a) gave clear and unambiguous consent to the sending of the specified message to that Singapore telephone number; and
(b) the consent is evidenced in written or other form so as to be accessible for subsequent reference.
(4) For the purpose of this section —
(a) where there is only one register kept or maintained under section 39, the relevant register shall refer to that one register; and
(b) where there are 2 or more registers kept or maintained under section 39 for different types of specified messages, the relevant register shall refer to the register relevant for the particular type of specified message.