# legal_provisions

document_id: pa-1994
provision_ref: s83
chapter: PART 15 - AMENDMENTS OF PATENTS AND APPLICATIONS
section: 83
title: Amendment of patent in infringement or revocation proceedings, etc.
content:
83. —(1) In any proceedings before the court or the Registrar in which the validity of a patent is put in issue, the court or, as the case may be, the Registrar may, subject to section 84, allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to the publication and advertisement of the proposed amendment and as to costs, expenses or otherwise, as the court or Registrar thinks fit. [23/2019] (2) A person may give notice to the court or the Registrar of the person’s opposition to an amendment proposed by the proprietor of the patent under this section, and if the person does so the court or the Registrar must notify the proprietor and consider the opposition in deciding whether the amendment or any amendment should be allowed. (3) An amendment of a specification of a patent under this section has effect and is deemed always to have had effect from the grant of the patent. (4) Where an application for an order under this section is made to the court, the applicant must notify the Registrar, who is entitled to appear and be heard and must appear if so directed by the court.


document_id: pa-1994
provision_ref: s84
chapter: PART 15 - AMENDMENTS OF PATENTS AND APPLICATIONS
section: 84
title: Amendments of applications and patents not to include added matter
content:
84. —(1) An application for a patent which — ( a ) is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and ( b ) discloses additional matter, that is, matter extending beyond that disclosed in the earlier application made under this Act or in the application made under the United Kingdom Patents Act 1977 or the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office from which the filing date and right of priority is sought to be derived, as filed, or the application for the patent, as filed, may be filed under section 20(3) or 47(4) or section 116(6) of the Patents Act (Cap. 221, 1995 Revised Edition), or as mentioned in section 26(11), but is not allowed to proceed unless it is amended so as to exclude the additional matter. [2/2007] (2) Where, in relation to an application for a patent — ( a ) the documents filed at the Registry to initiate the application contain — (i) a reference to an earlier relevant application specified in a declaration under section 17(2) made in or in connection with the application; and (ii) a statement mentioned in section 26(1)( c )(ii)(C); and ( b ) the description filed under section 26(7)( b ) discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application, the application is not allowed to proceed unless it is amended to exclude the additional matter. [2/2007] (3) No amendment of an application for a patent is allowed under section 31 if it results in the application disclosing any matter extending beyond that disclosed in the application as filed. (4) No amendment of the specification of a patent is allowed under section 38(1), 81 or 83 if it — ( a ) results in the specification disclosing any additional matter; or ( b ) extends the protection conferred by the patent. (5) In subsection (2), “relevant application” has the meaning given by section 17(9). [2/2007]


document_id: pa-1994
provision_ref: s85
chapter: PART 16 - INTERNATIONAL APPLICATIONS FOR PATENTS
section: 85
title: Effect of filing international application for patent
content:
85. —(1) An international application for a patent (Singapore) for which a date of filing has been accorded under the Patent Co‑operation Treaty, subject to sections 86 and 87, is treated for the purposes of this Act as an application for a patent under this Act. (2) If the application, or the designation of Singapore in it, is withdrawn or (except as mentioned in subsection (3)) deemed to be withdrawn under the Patent Co‑operation Treaty, it is treated as withdrawn under this Act. (3) An application is not treated as withdrawn under this Act if it, or the designation of Singapore in it, is deemed to be withdrawn under the Patent Co‑operation Treaty — ( a ) because of an error or omission in an institution having functions under the Treaty; or ( b ) because, owing to circumstances outside the applicant’s control, a copy of the application was not received by the International Bureau before the end of the time limited for that purpose under the Treaty; or ( c ) in such other circumstances as may be prescribed. (4) If an international application for a patent which designates Singapore is refused a filing date under the Patent Co‑operation Treaty and the Registrar determines that the refusal was caused by an error or omission in an institution having functions under that Treaty, the Registrar may direct that the application is treated as an application under this Act, having such date of filing as the Registrar may direct. (5) The Registry must act as a receiving Office under Article 2 of the Patent Co‑operation Treaty in respect of international applications filed by citizens of Singapore or persons resident in Singapore. (6) The prescribed transmittal fee, in addition to the fees prescribed by the Patent Co‑operation Treaty, must be paid to the Registry by any person filing an international application under that Treaty.


document_id: pa-1994
provision_ref: s86
chapter: PART 16 - INTERNATIONAL APPLICATIONS FOR PATENTS
section: 86
title: International and national phases of application
content:
86. —(1) The provisions of the Patent Co‑operation Treaty relating to publication, search, examination and amendment, and not those of this Act, apply to an international application for a patent (Singapore) during the international phase of the application. (2) The international phase of the application means the period from the filing of the application in accordance with the Patent Co‑operation Treaty until the national phase of the application begins. (3) The national phase of the application begins — ( a ) when the prescribed period expires, provided — (i) where the application has been published in accordance with the Patent Co‑operation Treaty in a language other than English, and the application is not in English, an English translation of the application has been filed at the Registry; and (ii) the prescribed fee has been paid, by the applicant; or ( b ) when the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, pays the prescribed fee and complies with any of the following sub-paragraphs which is applicable: (i) where, at the time of the request, the application has not been published in accordance with the Patent Co‑operation Treaty, file at the Registry — (A) a copy of the application; and (B) if the copy is not in English, an English translation of the application; (ii) where, at the time of the request, the application has been published in accordance with the Patent Co‑operation Treaty in a language other than English, and the application is not in English, file at the Registry an English translation of the application. [2/2007] (4) If the prescribed period expires without the conditions mentioned in subsection (3)( a ) being satisfied, the application is taken to be withdrawn. (5) Where, during the international phase, the application is amended in accordance with the Patent Co‑operation Treaty, the amendment is treated as made under this Act if, and is disregarded unless — ( a ) when the prescribed period expires, where — (i) the amendment is not in English; and (ii) if any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than English, an English translation of the amendment has been filed at the Registry; or ( b ) where the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, there is then filed at the Registry — (i) a copy of the amendment, if none has been communicated to the Registry in accordance with the Treaty; and (ii) an English translation of the amendment, if — (A) the amendment is not in English; and (B) where any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than English. [2/2007] (6) The Registrar must publish any translation filed at the Registry under subsection (3) or (5). [Act 7 of 2022 wef 26/05/2022]


document_id: pa-1994
provision_ref: s87
chapter: PART 16 - INTERNATIONAL APPLICATIONS FOR PATENTS
section: 87
title: Adaptation of provisions in relation to international application
content:
87. —(1) Where an international application for a patent (Singapore) is accorded a filing date under the Patent Co‑operation Treaty — ( a ) that date or, if the application is re-dated under the Treaty to a later date, that later date is treated as the date of filing the application under this Act; ( b ) any declaration of priority made under the Treaty is treated as made under section 17(2), and where in accordance with the Treaty any extra days are allowed, the period of 12 months mentioned in section 17(3)( a ) is treated as altered accordingly; and ( c ) any statement of the name of the inventor under the Treaty is treated as a statement filed under section 24(2). [2/2007] (2) If the application, not having been published under this Act, is published in accordance with the Patent Co‑operation Treaty, it is treated, for purposes other than those mentioned in subsection (3), as published under section 27 when the national phase of the application begins or, if later, when published in accordance with the Treaty. [2/2007] (3) For the purposes of sections 56 and 76, the application, not having been published under this Act, is treated as published under section 27 — ( a ) if it is published in accordance with the Patent Co‑operation Treaty in English, on its being so published; and ( b ) if it is so published in a language other than English — (i) on the publication of an English translation of the application in accordance with section 86(6); or (ii) on the service by the applicant of an English translation of the specification of the application on the Government department concerned or, as the case may be, on the person committing the infringing act. [2/2007] (4) The reference in subsection (3)( b )(ii) to the service of an English translation on a Government department or other person is to its being sent by post or delivered to that department or person. [2/2007] (5) During the international phase of the application, section 20 does not apply (determination of questions of entitlement in relation to application under this Act); but after the end of the international phase section 20 applies.


document_id: pa-1994
provision_ref: s88
chapter: PART 16 - INTERNATIONAL APPLICATIONS FOR PATENTS
section: 88
title: Evidence of Patent Co-operation Treaty and its instruments
content:
88. —(1) Judicial notice is to be taken of the Patent Co‑operation Treaty and any Gazette , bulletin or journal published under the Treaty. (2) Any such document mentioned in subsection (1) is admissible as evidence of any instrument or other act thereby communicated of any institution having functions under the Treaty. (3) Evidence of any instrument issued under the Patent Co‑operation Treaty by any institution or of any document in the custody of any institution or reproducing in legible form any information in such custody otherwise than in legible form, or any entry or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by an official of that institution. (4) Any document purporting to be such a copy as is specified by subsection (3) shall be received in evidence without proof of the official position or handwriting of the person signing the certificate. (5) Evidence of any instrument mentioned in subsection (3) may also be given in any legal proceedings — ( a ) by production of a copy purporting to be printed or published by the Government Printer; or [Act 5 of 2025 wef 09/03/2025] ( b ) where the instrument is in the custody of a Government department, by production of a copy certified on behalf of the department to be a true copy by an officer of the department generally or specially authorised to do so. (6) Any document purporting to be such a copy as is mentioned in subsection (5)( b ) of an instrument in the custody of a Government department shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of the person’s authority to do so, or of the document being in the custody of the department. (7) In this section, “legal proceedings” includes proceedings before the Registrar.


document_id: pa-1994
provision_ref: s89
chapter: PART 17 - LEGAL PROCEEDINGS
section: 89
title: Proceedings before court or Registrar
content:
89. —(1) Any proceedings before the court relating to patents and other matters under this Act are to be dealt with by a judge sitting alone or, if the judge thinks fit, with one or more scientific advisers selected by the judge from the panel appointed under subsection (2). (2) Rules under this Act may make provision for the appointment of a panel of scientific advisers to assist the court and the Registrar in proceedings under this Act, for regulating the functions of such advisers and for remunerating such advisers.


document_id: pa-1994
provision_ref: s90
chapter: PART 17 - LEGAL PROCEEDINGS
section: 90
title: Appeals from Registrar
content:
90. —(1) An appeal shall lie to the court from any decision of the Registrar under this Act or the rules except any of the following decisions: ( a ) a decision falling within section 25(7); ( b ) a decision under section 27(3) to omit any matter from a specification; ( c ) a decision to give directions under section 33(1) or (2); ( ca ) a decision under section 38A(4) not to grant a request for re‑examination; ( cb ) a decision under section 38A not to revoke a patent; ( d ) a decision under the rules which is excepted by the rules from the right of appeal conferred by this section. [23/2019] (2) For the purpose of hearing appeals under this section, the court may consist of one or more judges of the court in accordance with directions given by or on behalf of the Chief Justice. (3) An appeal shall not lie to the appellate court from a decision of the court on appeal from a decision of the Registrar under this Act or the rules — ( a ) except where the decision of the Registrar was given under section 20, 38, 47, 80, 81 or 83, or was a decision to revoke a patent given under section 38A; or [Act 23 of 2019 wef 01/04/2022] ( b ) except where the ground of appeal is that the decision of the court is wrong in law, but an appeal shall only lie to the appellate court under this section if permission to appeal is given by the appellate court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (4) In this section, “appellate court” means the appellate court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969. [40/2019]


document_id: pa-1994
provision_ref: s91
chapter: PART 17 - LEGAL PROCEEDINGS
section: 91
title: General powers of court
content:
91. —(1) The court may, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Act, make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question. (2) In all proceedings before the court under this Act, the costs of the Registrar are in the discretion of the court, but the Registrar is not to be ordered to pay the costs of any other of the parties.


document_id: pa-1994
provision_ref: s92
chapter: PART 17 - LEGAL PROCEEDINGS
section: 92
title: Exercise of Registrar’s discretionary powers
content:
92. Without prejudice to any rule of law, the Registrar must give any party to a proceeding before the Registrar an opportunity of being heard before exercising adversely to that party any discretion vested in the Registrar by this Act or the rules.


document_id: pa-1994
provision_ref: s93
chapter: PART 17 - LEGAL PROCEEDINGS
section: 93
title: Right of audience in patent proceedings
content:
93. —(1) Any party to any proceedings before the Registrar under this Act or any treaty to which Singapore is a party may appear before the Registrar in person or be represented by an advocate and solicitor or a registered patent agent. (2) The Government may be represented by a Judicial Service Officer or Legal Service Officer in any proceedings before the Registrar under this Act or any treaty to which Singapore is a party. [20/2009] [Act 33 of 2021 wef 14/01/2022] (3) Without affecting the right of counsel to appear before the court, an advocate and solicitor who is not in actual practice has, despite anything in the Legal Profession Act 1966, the right to appear and be heard on behalf of any party to an appeal under this Act from the Registrar to the court.


document_id: pa-1994
provision_ref: s94
chapter: PART 17 - LEGAL PROCEEDINGS
section: 94
title: Extension of privilege for communications with solicitors relating to patent proceedings
content:
94. —(1) The rule of law which confers privilege from disclosure in legal proceedings in respect of communications made with an advocate and solicitor or a person acting on the advocate and solicitor’s behalf, or in relation to information obtained or supplied for submission to an advocate and solicitor or a person acting on the advocate and solicitor’s behalf, for the purpose of any pending or contemplated proceedings before a court in Singapore extends to such communications so made for the purpose of any pending or contemplated proceedings before the Registrar under this Act. (2) In this section, “legal proceedings” includes proceedings before the Registrar; and references to “legal proceedings” and “pending or contemplated proceedings” include references to applications for a patent and to international applications for a patent.


document_id: pa-1994
provision_ref: s95
chapter: PART 17 - LEGAL PROCEEDINGS
section: 95
title: Privilege for communications with patent agents, etc.
content:
95. —(1) A communication with respect to any matter relating to patents — ( a ) between a person and any of the following: (i) a registered patent agent or a registered foreign patent agent; (ii) a partnership entitled under Part 19 to describe itself as a firm of patent agents or as a firm of foreign patent agents; or (iii) a body corporate entitled under Part 19 to describe itself as a patent agent or as a foreign patent agent; or ( b ) for the purpose of obtaining, or in response to a request for, information which a person is seeking for the purpose of instructing the person’s patent agent or a registered foreign patent agent, is privileged from disclosure in legal proceedings in Singapore in the same way as a communication between a person and the person’s solicitor or, as the case may be, a communication for the purpose of obtaining, or in response to a request for, information which a person seeks for the purpose of instructing the person’s solicitor. [15/2012] (2) In this section — “legal proceedings” includes proceedings before the Registrar; “patent” includes any patent or other protection for an invention granted in any country or jurisdiction other than Singapore. [15/2012]


document_id: pa-1994
provision_ref: s96
chapter: PART 17 - LEGAL PROCEEDINGS
section: 96
title: Costs and expenses in proceedings before Registrar
content:
96. —(1) The Registrar may, in proceedings before the Registrar under this Act, by order award to any party such costs as the Registrar may consider reasonable and direct how and by what parties they are to be paid. (2) Any costs awarded under this section are, if a District Court or a Magistrate’s Court so orders, recoverable by an enforcement order issued from that Court or otherwise as if they were payable under an order of that Court. [Act 25 of 2021 wef 01/04/2022] (3) If any person by whom — ( a ) a reference is made to the Registrar under section 20 or 47; ( b ) an application is made to the Registrar for the revocation of a patent; or ( c ) notice of opposition is given to the Registrar under section 38(4), 54(7) or 107(2), neither resides nor carries on business in Singapore, the Registrar may require the person to give security for the costs or expenses of the proceedings and in default of such security being given may treat the reference, application or notice as abandoned. [15/2012]


document_id: pa-1994
provision_ref: s97
chapter: PART 17 - LEGAL PROCEEDINGS
section: 97
title: Licences granted by order of Registrar
content:
97. Any order by the Registrar for the grant of a licence under this Act has, without prejudice to any other method of enforcement, effect as if it were a deed, executed by the proprietor of the patent and all other necessary parties, granting a licence in accordance with the order.


document_id: pa-1994
provision_ref: s98
chapter: PART 18 - OFFENCES
section: 98
title: Falsification of register, etc.
content:
98. If a person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy or reproduction of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pa-1994
provision_ref: s99
chapter: PART 18 - OFFENCES
section: 99
title: Unauthorised claim of patent rights
content:
99. —(1) If a person falsely represents that anything disposed of by the person for value is a patented product, the person shall, subject to this section, 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. (2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or anything expressing or implying that the article is a patented product, is taken to represent that the article is a patented product. (3) Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been revoked and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not continue to be made. (4) In proceedings for an offence under this section, it is a defence for the accused to prove that the accused used due diligence to prevent the commission of the offence.


document_id: pa-1994
provision_ref: s100
chapter: PART 18 - OFFENCES
section: 100
title: Unauthorised claim that patent has been applied for
content:
100. —(1) If a person represents that a patent has been applied for in respect of any article disposed of for value by the person and — ( a ) no such application has been made; or ( b ) any such application has been refused, withdrawn or treated as having been abandoned, the person shall, subject to this section, 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. (2) Subsection (1)( b ) does not apply where the representation is made or continues to be made before the expiry of a period which commences with the refusal, withdrawal or abandonment and which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made or does not continue to be made. (3) For the purpose of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the words “patent applied for” or “patent pending”, or anything expressing or implying that a patent has been applied for in respect of the article, is taken to represent that a patent has been applied for in respect of it. (4) In any proceedings for an offence under this section, it is a defence for the accused to prove that the accused used due diligence to prevent the commission of the offence.


document_id: pa-1994
provision_ref: s101
chapter: PART 18 - OFFENCES
section: 101
title: Misuse of title “Registry of Patents”
content:
101. If any person uses on the person’s place of business, or on any document issued by the person, or otherwise, the words “Registry of Patents” or any other words suggesting that the person’s place of business is, or is officially connected with, the Registry of Patents, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pa-1994
provision_ref: s102
chapter: PART 18 - OFFENCES
section: 102
title: Offences by bodies corporate and partnerships
content:
102. —(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or any similar officer of the body corporate, or any person who was purporting to act in any such capacity, he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Proceedings for an offence under this Act alleged to have been committed by a partnership must be brought in the name of the partnership and not in that of the partners; but without prejudice to any liability of the partners under subsection (5). (4) A fine imposed on a partnership on its conviction in such proceedings must be paid out of the partnership assets. (5) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly. [Act 7 of 2022 wef 26/05/2022]


document_id: pa-1994
provision_ref: s103
chapter: PART 18 - OFFENCES
section: 103
title: Composition of offences
content:
103. —(1) The Registrar or any person authorised in writing by the Registrar may compound any offence under this Act that is prescribed 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; ( b ) $5,000. [Act 23 of 2019 wef 10/06/2022] (2) The Office may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (3) On payment of the sum of money, no further proceedings may be taken against such person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund. [Act 23 of 2019 wef 10/06/2022]


document_id: pa-1994
provision_ref: s104
chapter: PART 19 - PATENT AGENTS AND FOREIGN PATENT AGENTS
section: 104
title: Registration of patent agents and foreign patent agents
content:
104. —(1) The Minister may make rules for the registration of individuals as patent agents or as foreign patent agents. [15/2012] (2) Without limiting subsection (1), the rules may provide — ( a ) for the keeping, by such person as the Minister may determine, of a register of patent agents and a register of foreign patent agents; ( b ) for the form and manner of application for registration as a patent agent or as a foreign patent agent, the qualifications and other requirements for registration, the fees payable for registration, and the conditions of registration; ( c ) for the issue of practising certificates to registered patent agents; ( d ) for the correction of errors and updating of entries in the register of patent agents and the register of foreign patent agents; and ( e ) for transitional matters in relation to the registration of individuals as patent agents or as foreign patent agents, and exclude or vary the operation of this Act in relation to such transitional matters. [15/2012] (3) The rules may make provision to regulate the professional conduct of registered patent agents, registered foreign patent agents and the practices of registered patent agents and registered foreign patent agents and, for that purpose, may make provision for and in relation to all or any of the following: ( a ) making complaints against registered patent agents and registered foreign patent agents and hearing and deciding upon such complaints; ( b ) imposing penalties on registered patent agents and registered foreign patent agents, including issuing a reprimand, and suspending or cancelling registration; ( c ) summoning witnesses; ( d ) receiving evidence from persons on oath or affirmation; ( e ) administering oaths or affirmations to persons giving evidence; ( f ) requiring persons to produce documents or articles; ( g ) restoring any registration that has been cancelled and lifting the suspension imposed on any registration. [15/2012] (4) The rules may provide that a contravention of the rules shall be an offence and may provide penalties not exceeding a fine of $5,000 or imprisonment for a term not exceeding 12 months or to both.


document_id: pa-1994
provision_ref: s105
chapter: PART 19 - PATENT AGENTS AND FOREIGN PATENT AGENTS
section: 105
title: Persons entitled to act as patent agents, etc.
content:
105. —(1) An individual must not carry on a business, practise or act as a patent agent unless the individual is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate. (2) A partnership must not carry on a business, practise or act as patent agents unless at least one partner is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate. (3) A body corporate must not carry on a business, practise or act as a patent agent unless at least one director is a registered patent agent, or an advocate and solicitor, who has in force a practising certificate. (4) For the purposes of this section and section 105A, a person is taken to carry on a business, practise or act as a patent agent if, and only if, the person does, or undertakes to do, on behalf of someone else, any of the following in Singapore for gain: ( a ) applying for or obtaining patents at the Registry or any other place; ( b ) preparing specifications or other documents for the purposes of this Act or the patent law of another country; ( c ) giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents. [15/2012] (5) An individual must not — ( a ) carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or ( b ) in the course of a business otherwise describe himself or herself, hold himself or herself out or permit himself or herself to be described or held out as a “patent agent” or “patent attorney”, unless the individual is a registered patent agent who has in force a practising certificate. [15/2012] (6) A partnership must not — ( a ) carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or ( b ) in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a firm of “patent agents” or “patent attorneys”, unless at least one partner is a registered patent agent who has in force a practising certificate. [15/2012] (7) A body corporate must not — ( a ) carry on a business under any name or other description which contains the words “patent agent” or “patent attorney”; or ( b ) in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a “patent agent” or “patent attorney”, unless at least one director is a registered patent agent who has in force a practising certificate. [15/2012] (8) Any person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (9) Where subsection (5), (6) or (7) would be contravened by the use of the words “patent agent” or “patent attorney” in reference to an individual, a partnership or a body corporate, it is equally contravened by the use of any other expression in reference to that person, or that person’s business or place of business, which is likely to be understood as indicating that that person is entitled to be described as a “patent agent” or “patent attorney”. [15/2012] (10) Where an individual’s employer does not carry on a business, practise or act as a patent agent or as a foreign patent agent, the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for his or her employer in his or her capacity as employee of his or her employer. [2/2007; 15/2012] (10A) Where — ( a ) an individual’s employer is a member of a related company group; ( b ) the individual’s employer does not carry on a business, practise or act as a patent agent or as a foreign patent agent; and ( c ) every other member of the related company group does not carry on a business, practise or act as a patent agent or as a foreign patent agent, the individual does not contravene subsection (1) in respect of anything done, or undertaken to be done, by the individual for that other member of the related company group in his or her capacity as employee of his or her employer. [2/2007; 15/2012] (11) A person (being a Judicial Service Officer or Legal Service Officer) does not commit an offence against subsection (1) in respect of anything done, or undertaken to be done, by the person on behalf of the Government. [Act 33 of 2021 wef 14/01/2022] (12) A body corporate that is a member of a related company group does not contravene subsection (3) in respect of anything done, or undertaken to be done, by the body corporate for another member of the group. (13) This section is not to be construed as prohibiting an advocate and solicitor from taking part in proceedings relating to patents and applications for patents and, in particular, does not derogate from section 93 as it applies to advocates and solicitors. (14) No offence is committed under section 33 of the Legal Profession Act 1966 by any person by reason only of the preparation by the person of a document (other than a deed) for use in proceedings before the Registrar in relation to any patent or application for a patent. (15) In this section — “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate; “patent” includes any patent or other protection for an invention granted in any country or jurisdiction other than Singapore; “practising certificate” means — ( a ) in relation to a registered patent agent, a practising certificate issued to him or her under rules made under section 104; or ( b ) in relation to an advocate and solicitor, a practising certificate issued to him or her under section 25 of the Legal Profession Act 1966; and “related company group” means a group of 2 or more corporations within the meaning of the Companies Act 1967 which are related to each other in accordance with section 6 of that Act. [15/2012]


document_id: pa-1994
provision_ref: s105A
chapter: PART 19 - PATENT AGENTS AND FOREIGN PATENT AGENTS
section: 105A
title: Foreign patent agents
content:
105A. —(1) Despite anything in section 105, an individual may carry on a business, practise or act as a foreign patent agent if, and only if, the individual is a registered foreign patent agent. [15/2012] (2) Despite anything in section 105, a partnership may carry on a business, practise or act as foreign patent agents if, and only if, at least one partner of the partnership is a registered foreign patent agent. [15/2012] (3) Despite anything in section 105, a body corporate may carry on a business, practise or act as a foreign patent agent if, and only if, at least one director thereof is a registered foreign patent agent. [15/2012] (4) For the purposes of section 105 and this section, a person is taken to carry on a business, practise or act as a foreign patent agent if, and only if, the person does, or undertakes to do, on behalf of someone else, any of the following in Singapore for gain: ( a ) applying for or obtaining patents at any place other than the Registry; ( b ) preparing specifications or other documents for the purposes of — (i) the patent law of any country other than Singapore; or (ii) an international application for a patent which, on its date of filing, designates any country other than Singapore (whether or not it also designates Singapore); ( c ) giving advice (other than advice of a scientific or technical nature) about the validity, or infringement, of patents under the patent law of any country other than Singapore. [15/2012] (5) Except as permitted under subsections (1) to (4), a registered foreign patent agent — ( a ) must not carry on a business, practise or act as a patent agent; and ( b ) must not purport to carry on a business, practise or act as a patent agent. [15/2012] (6) Despite anything in section 105, if an individual is a registered foreign patent agent, the individual — ( a ) may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and ( b ) may in the course of a business otherwise describe himself or herself, hold himself or herself out or permit himself or herself to be described or held out as a “foreign patent agent” or “foreign patent attorney”. [15/2012] (7) Despite anything in section 105, if at least one partner of a partnership is a registered foreign patent agent, the partnership — ( a ) may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and ( b ) may in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a firm of “foreign patent agents” or “foreign patent attorneys”. [15/2012] (8) Despite anything in section 105, if at least one director of a body corporate is a registered foreign patent agent, the body corporate — ( a ) may carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; and ( b ) may in the course of a business otherwise describe itself, hold itself out or permit itself to be described or held out as a “foreign patent agent” or “foreign patent attorney”. [15/2012] (9) No person (other than an individual, a partnership and a body corporate referred to in subsections (6), (7) and (8), respectively) may — ( a ) carry on a business under any name or other description which contains the words “foreign patent agent” or “foreign patent attorney”; or ( b ) describe the person, hold the person out or permit the person to be described or held out as a “foreign patent agent” or “foreign patent attorney”. [15/2012] (10) Any person who contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [15/2012] (11) Where subsection (9) would be contravened by the use of the words “foreign patent agent” or “foreign patent attorney” in reference to an individual, a partnership or a body corporate, it is equally contravened by the use of any other expression in reference to that person, or that person’s business or place of business, which is likely to be understood as indicating that that person is entitled to be described as a “foreign patent agent” or “foreign patent attorney”. [15/2012] (12) In this section — “director”, in relation to a body corporate whose affairs are managed by its members, means any member of the body corporate; “patent” includes any patent or other protection for an invention granted in any country or jurisdiction other than Singapore. [15/2012]


document_id: pa-1994
provision_ref: s106
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 106
title: Immunity of Office, its officers and Examiners
content:
106. The Office, any officer of the Registry and any Examiner shall not — ( a ) be taken to warrant the validity of any patent granted under this Act or any treaty to which Singapore is a party; ( b ) incur any liability by reason of or in connection with any examination or investigation required or authorised by this Act or any such treaty or any report or other proceedings consequent on any such examination or investigation; or ( c ) incur any liability by reason of an incorrect entry in the register of patent agents or the register of foreign patent agents maintained under Part 19. [15/2012]


document_id: pa-1994
provision_ref: s107
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 107
title: Correction of errors in patents and applications
content:
107. —(1) The Registrar may, subject to any provision of the rules, correct any error of translation or transcription, clerical error or mistake in any specification of a patent or application for a patent or any document filed in connection with a patent or such an application. (2) Where the Registrar is requested to correct such an error or mistake, any person may in accordance with the rules give the Registrar notice of opposition to the request and the Registrar must determine the matter.


document_id: pa-1994
provision_ref: s108
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 108
title: Information about patent applications and patents, and inspection of documents
content:
108. —(1) After publication of an application for a patent in accordance with section 27, the Registrar must, on request being made to the Registrar in the prescribed manner and on payment of the prescribed fee (if any), give the person making the request such information, and permit the person to inspect such documents, relating to the application or to any patent granted pursuant to the application as may be specified in the request, subject, however, to any prescribed restriction. (1A) Without affecting subsection (1), the Registrar may, on his or her own initiative, publish or communicate any information or documents relating to an application for a patent published in accordance with section 27 or relating to any patent granted pursuant to such application, subject to any prescribed restriction. [Act 7 of 2022 wef 26/05/2022] (2) Subject to this section, until an application for a patent is so published, documents or information constituting or relating to the application must not, without the consent of the applicant, be published or communicated to any person by the Registrar. (3) Subsection (2) does not prevent — ( a ) the Registrar from publishing or communicating to others any bibliographic information about an unpublished application for a patent; or ( b ) the Minister from inspecting or authorising the inspection of an application for a patent or any connected document under section 33(5). (4) Where a person is notified that an application for a patent has been made, but not published in accordance with section 27, and that the applicant will, if the patent is granted, bring proceedings against that person in the event of that person doing an act specified in the notification after the application is so published, that person may make a request under subsection (1), even though the application has not been published, and that subsection applies accordingly. (5) Where an application for a patent is filed, but not published, and a new application is filed in respect of any part of the subject matter of the earlier application (either in accordance with the rules or in pursuance of an order under section 20) and is published, any person may make a request under subsection (1) relating to the earlier application and on payment of the prescribed fee the Registrar must give the person such information and permit the person to inspect such documents as could have been given or inspected if the earlier application had been published. (6) The publication of the whole or part of a specification of a patent or an application for a patent does not constitute an infringement of any copyright subsisting under the Copyright Act 2021 in any literary or artistic work. [22/2021] 109. [ Repealed by Act 16 of 2016 ]


document_id: pa-1994
provision_ref: s110
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 110
title: Extension of time
content:
110. —(1) The Minister may, after consulting with the Office, make rules to provide for the extension of any period of time specified for the doing of any act in relation to — ( a ) any application for or grant of a patent; ( b ) any proceedings before the Registrar under this Act or the rules; or ( c ) any other matter under this Act or the rules. (2) The rules may contain such provision as the Minister thinks fit regulating the circumstances in which such an extension may be granted and may also provide for the protection and compensation of persons affected by the grant of extension of time and may authorise the Registrar to grant an extension of time even though the period has already expired.


document_id: pa-1994
provision_ref: s111
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 111
title: Hours of business and excluded days
content:
111. —(1) The Registrar may issue practice directions to specify — ( a ) the hours of business of the Registry; and ( b ) the days which are to be treated as excluded days. (2) The Minister may prescribe the effect of doing any business under this Act — ( a ) on any day after the hours of business of the Registry; or ( b ) on any day which is an excluded day. (3) For the purposes of subsections (1) and (2) — ( a ) different hours of business may be specified for different classes of business; ( b ) different excluded days may be specified for different classes of business; and ( c ) different effects of doing business — (i) outside the hours of business of the Registry; or (ii) on an excluded day, may be prescribed for different classes of business.


document_id: pa-1994
provision_ref: s112
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 112
title: Government’s right to sell forfeited articles
content:
112. Nothing in this Act affects the right of the Government or any person deriving title, directly or indirectly, from the Government to dispose of or use articles forfeited under the laws relating to customs or excise.


document_id: pa-1994
provision_ref: s113
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 113
title: Extent of invention
content:
113. —(1) For the purposes of this Act, an invention for a patent for which an application has been made or for which a patent has been granted is, unless the context otherwise requires, taken to be that specified in a claim of the specification of the application or patent (as the case may be) as interpreted by the description and any drawings contained in that specification, and the extent of the protection conferred by a patent or application for a patent is to be determined accordingly. (2) To avoid doubt, where more than one invention is specified in any such claim, each invention may have a different priority date under section 17.


document_id: pa-1994
provision_ref: s114
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 114
title: Availability of samples of micro-organisms
content:
114. —(1) Provision may be made by rules prescribing the circumstances in which the specification of an application for a patent, or of a patent, for an invention which requires for its performance the use of a micro-organism is to be treated as disclosing the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art. (2) The rules may in particular require the applicant or patentee — ( a ) to take such steps as may be prescribed for the purposes of making available to the public samples of the micro‑organism; and ( b ) not to impose or maintain restrictions on the uses to which such samples may be put, except as may be prescribed. (3) The rules may provide that, in such cases as may be prescribed, samples need only be made available to such persons or descriptions of persons as may be prescribed. (4) The rules may identify a description of persons by reference to whether the Registrar has given his or her certificate as to any matter. (5) An application for revocation of the patent under section 80(1)( c ) may be made if any of the requirements of the rules ceases to be complied with.


document_id: pa-1994
provision_ref: s115
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 115
title: Rules
content:
115. —(1) The Minister may, after consulting with the Office, make such rules as the Minister thinks expedient for regulating the business of the Registry in relation to patents and applications for patents (including international applications for patents) and for regulating all matters placed by this Act under the direction or control of the Registrar. (2) Without limiting subsection (1), the rules may make provision — ( a ) prescribing the contents of applications for patents and other documents which may be filed at the Registry and requiring copies to be furnished of any such documents; ( b ) regulating the procedure to be followed in connection with any proceeding or other matter before the Registrar or the Registry and authorising the rectification of irregularities of the procedure; ( c ) requiring fees to be paid in connection with any such proceeding or matter or in connection with the provision of any service by the Registry and providing for the remission of fees in the prescribed circumstances; ( d ) regulating the mode of giving evidence in any such proceeding and empowering the Registrar to compel the attendance of witnesses and the discovery of and production of documents; ( e ) requiring the Registrar to publish any proposed amendment of patents and any other prescribed matters including any prescribed steps in any such proceeding; ( f ) providing for the appointment of scientific advisers to assist the court and the Registrar in any proceeding before the court or the Registrar and for the remuneration of such advisers; ( g ) prescribing time limits for doing anything required to be done in connection with any such proceeding by this Act or the rules; ( h ) giving effect to the right of an inventor of an invention to be mentioned in an application for a patent for the invention; ( i ) providing for the publication and sale of documents in the Registry and of information about such documents; ( j ) prescribing, in relation to international applications, matters necessary or convenient to be prescribed for carrying out or giving effect to the Patent Co-operation Treaty; ( k ) excluding or varying the operation of the provisions of this Act in relation to international applications and applications for patents made under section 117; ( l ) requiring and regulating the translation of documents in connection with any application for a patent and the filing and authentication of any such translations; ( m ) prescribing the scale of costs for proceedings before the Registrar; and ( n ) prescribing anything that is required or permitted to be prescribed under this Act. (3) The rules may make different provisions for different cases. (4) The rules must provide for the publication by the Registrar of a journal (called in this Act the journal) containing particulars of applications for and grants of patents, particulars of application for and the registration of patent agents and foreign patent agents, and of other proceedings under this Act. [15/2012] (5) The rules may require or authorise the Registrar to make arrangements for the publication of reports of cases relating to patents decided by the Registrar or by any court or body whether in Singapore or elsewhere.


document_id: pa-1994
provision_ref: s115A
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 115A
title: Forms and directions of Registrar
content:
115A. The Minister may make rules for the publication by the Registrar of — ( a ) the forms to be used for any purpose relating to — (i) any application for or grant of a patent; (ii) any proceedings before the Registrar under this Act or the rules; or (iii) any other matter under this Act or the rules; and ( b ) the practice directions issued by the Registrar.


document_id: pa-1994
provision_ref: s116
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 116
title: Fees
content:
116. —(1) There must be paid in respect of applications, grants, registrations and other matters under this Act such fees as may be prescribed. [15/2012] (2) All fees collected must be paid into the funds of the Office. [15/2012] (3) Subsection (2) does not apply to fees paid under section 85 which are to be forwarded to the International Bureau. [15/2012]


document_id: pa-1994
provision_ref: s116A
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 116A
title: Amendment of Schedule
content:
116A. —(1) The Minister may, by order in the Gazette , amend the Schedule. [4/2014] (2) The Minister may prescribe in an order amending the Schedule such transitional provisions as may be necessary or expedient. [4/2014]


document_id: pa-1994
provision_ref: s117
chapter: PART 20 - MISCELLANEOUS AND GENERAL
section: 117
title: Transitional provisions
content:
117. —(1) Where an application has been made under section 3 of the repealed Registration of United Kingdom Patents Act (Cap. 271, 1985 Revised Edition) before 23 February 1995, the Registrar may issue a certificate of registration under section 5 of that Act after that date as if that Act had not been repealed. (2) Where a patent has been granted under the United Kingdom Patents Act 1977 not earlier than 36 months before, or not later than 12 months after, 23 February 1995, the proprietor of the patent may, within a period of 24 months from that date, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Registration of United Kingdom Patents Act had not been repealed. (3) Any certificate of registration issued under section 5 of the repealed Registration of United Kingdom Patents Act and is in force immediately before 23 February 1995, or issued after that date by virtue of subsection (1) or (2) continues in force and the patent to which the certificate relates is treated for the purposes of this Act as if it were a patent under this Act granted pursuant to an application made under this Act and the proprietor of the patent accordingly has the same rights, remedies, privileges and obligations and subject to the same conditions (including the payment of any fee prescribed under section 36), as the proprietor of a patent under this Act subject to the following modifications: ( a ) the term of the patent dates from the date of the patent in the United Kingdom and the patent remains, subject to this Act, in force for 20 years from that date and only so long as the patent has not been revoked in the United Kingdom before 17 October 2001; ( b ) such other modifications as may be prescribed. (4) A patent to which subsection (3) applies is treated for the purposes of sections 14(3) and 17(2) as being granted on an application with a date of filing under this Act and published under this Act. (5) The date of filing an application for a patent as mentioned in subsection (4), and the priority date of an invention or other matter contained in that application, is to be determined in accordance with the provisions of the United Kingdom Patents Act 1949 or 1977, as the case may be. (6) Where an act is commenced before 23 February 1995 and continues to be done on or after that date, then, if it would not, under the law in force immediately before that date, amount to an infringement of a patent or the privileges or rights arising under a specification, its continuance on or after that date does not amount to the infringement of that patent or those privileges or rights.


document_id: pa-1998
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “amendment”, in relation to the Master Plan, includes any alteration or addition to or any repeal or replacement of the Master Plan in whole or in part; “architect” means a person who is registered as an architect under the Architects Act 1991 and who has in force a practising certificate issued under that Act; “breach of planning control” means — ( a ) the carrying out of any development of land without the requisite planning permission; ( b ) the carrying out of works in a conservation area without the requisite conservation permission; or ( c ) any failure to comply with any condition imposed under section 14(4) for a written permission or any condition of an authorisation under section 21(6); “building” includes any house, hut, shed or roofed enclosure (whether used for the purpose of human habitation or otherwise) and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure or foundation connected to the foregoing; “certificate of statutory completion” has the meaning given by the Building Control Act 1989; “Certified Interpretation Plan” means a Certified Interpretation Plan prepared and certified by the competent authority under section 7; “Collector” has the meaning given by the Land Revenue Collection Act 1940; “competent authority”, in relation to this Act or any Part or provision of this Act, means any competent authority appointed under section 5 to be responsible for the operation of this Act or that Part or provision, as the case may be; “conservation” means the preservation, enhancement or restoration of the character or appearance of, and the interior and exterior of any building in, a conservation area; “conservation area” means an area designated by the Minister in accordance with sections 8 and 9; “conservation guidelines” means the conservation guidelines issued under section 11; “conservation permission” means permission mentioned in section 12(2); “developer” means the person for whom or on whose behalf development of land or works within a conservation area are carried out; [ Deleted by Act 11 of 2021 wef 01/08/2022 ] “dormitory accommodation” includes accommodation occupied, or available for occupation, by 7 (or such other number as the Minister may, by notification in the Gazette , prescribe in substitution) or more individuals, where rent or other form of consideration is paid or given for the accommodation, whether by an occupant or another person, and whether or not the relationship of landlord and tenant is thereby created, except where the occupants consist only of the following: ( a ) an individual who is related by blood, marriage or adoption (by virtue of an order of court in Singapore or elsewhere) to all other occupants except an occupant mentioned in paragraph ( b ) or ( c ); ( b ) a domestic worker whose work permit states the premises occupied as the domestic worker’s residential address; ( c ) an individual engaged to provide care or medical assistance to another occupant; “enforcement notice” means a notice served under section 28; “engineer” means a person who is registered as a professional engineer under the Professional Engineers Act 1991 and who has in force a practising certificate issued under that Act; “functions” includes powers and duties; “holding” means any piece or parcel of land held or possessed under an instrument of title, capable of being registered under the Registration of Deeds Act 1988 or, where applicable, under the Land Titles Act 1993, relating exclusively thereto; “information notice” has the meaning given by section 25; “land” includes buildings and any estate or interest in or right over land; “land surveyor” means a person who is a registered surveyor under the Land Surveyors Act 1991 and who has in force a practising certificate issued under that Act; [Act 25 of 2024 wef 01/10/2025] “Master Plan” has the meaning given by section 6; “occupier” includes any person in actual occupation of land or premises or any person having the charge, management or control of the land or premises either on the person’s own account or as an agent of another person, but does not include a lodger; “owner”, in relation to land or premises, means the person for the time being receiving the rent of the land or premises whether on the person’s own account or as trustee for any other person or as receiver (not being appointed by or on behalf of a mortgagee) or the person who would receive the rent if the land or premises were let to a tenant and includes — ( a ) a mortgagee in possession; and ( b ) the purchaser of any newly constructed premises or part thereof in respect of which a temporary occupation permit or a certificate of statutory completion has been granted; “planning permission” means permission mentioned in section 12(1); “prescribe” means prescribe by rules made under this Act; “provisional permission” means provisional permission granted under section 17(1) or 17A(2); [Act 23 of 2023 wef 18/12/2023] “purchase notice” means a notice served under section 24; “qualified person” means a person specified in the First Schedule; “repealed Act” means the repealed Planning Act (Cap. 232, 1990 Revised Edition); “street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and includes also any road, footway or passage, open court or open alley, used or intended to be used as a means of access to 2 or more holdings, whether the public has a right of way thereover or not; and all channels, drains and ditches at the side of any street are deemed to be part of that street; “subdivision permission” means permission mentioned in section 12(3); “temporary occupation permit” has the meaning given by the Building Control Act 1989; “use”, in relation to land, does not include the use of land by the carrying out of any building or other operations on the land; “works within a conservation area” means — ( a ) any development of land within a conservation area; or ( b ) any decorative, painting, renovation or other works (whether external or internal) to any building within a conservation area which may affect its character or appearance; “written permission” means a planning permission, conservation permission or subdivision permission (as the case may be) granted by a competent authority and includes any such permission granted or issued by electronic transmission or in a medium other than paper and authenticated in such manner as the competent authority may determine; “written statement”, in relation to the Master Plan, means that part of the Master Plan which includes a summary of the main proposals of the Master Plan with such descriptive matter as the competent authority considers necessary to illustrate the proposals of the Master Plan or as the Minister may, from time to time, direct for that purpose. [17/2001; 30/2003; 7/2017]


document_id: pa-1998
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “development”
content:
3. —(1) Subject to subsections (2) and (3), in this Act, except where the context otherwise requires, “development” means the carrying out of any building, engineering, mining, earthworks or other operations in, on, over or under land, or the making of any material change in the use of any building or land, and “develop” and “developing” are to be construed accordingly. (2) The following operations or uses of land are not to be deemed for the purposes of this Act to involve development of land: ( a ) the carrying out of works for the maintenance, improvement or other alteration of a building which do not materially affect the external appearance or the floor area of the building; ( b ) the carrying out of such minor or preliminary works and such temporary use of land as the competent authority may declare for the purpose of this subsection; ( c ) the carrying out by any statutory authority of any works on land within the boundaries of a street, being works which are necessary for the maintenance or improvement of the street; ( d ) the carrying out by any statutory authority of any works for the purpose of laying, inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; ( e ) the carrying out of any act authorised or required by the Control of Vectors and Pesticides Act 1998; ( f ) the use of any existing building or land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such; ( g ) the use of any land for the purposes of forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used; ( h ) in the case of any building or land which is used for a purpose of any class specified in any rules made under section 61, the use of the building or land or any part thereof for any other purpose within the same class. [11/2019] (3) To avoid doubt, it is declared that for the purposes of this section — ( a ) the use as 2 or more separate houses of any building previously used as a single house involves a material change in the use of the building and of each part thereof which is so used; ( b ) the use as a dwelling house of any building not originally constructed for human habitation involves a material change in the use of the building; ( c ) the use for other purposes of a building or part of a building originally constructed as a dwelling house involves a material change in the use of the building; ( d ) the use for a purpose specified in the Fourth Schedule of a building or part of a building originally constructed as a dwelling house constitutes development, whether such use commenced before, on or after 15 May 2017; ( e ) the demolition or reconstruction of or addition to a building constitutes development; ( f ) the use for the display of advertisements of any external part of a building which is not normally used for that purpose involves a material change in the use of the building; ( g ) the deposit of refuse or waste materials on land involves a material change in the use of the land even though the land is comprised in a site already used for that purpose, if — (i) the superficial area of the deposit is extended; or (ii) the height of the deposit is extended and exceeds the level of the land adjoining the site; ( h ) subject to subsection (2)( h ), the use of any building or part thereof for any purpose other than that for which the building was originally constructed involves a material change in the use of the building; ( i ) any decorative, painting, renovation or building works, whether external or internal, to or on a monument in respect of which there is in force a preservation order under the Preservation of Monuments Act 2009 constitutes building operations; ( j ) the use and operation as 2 or more separate entities of any building or buildings or part of a building which is or are approved or authorised to be used and operated as one single entity for any of the uses specified in the Second Schedule involves a material change in the use of the building or buildings or part of the building; and ( k ) where a planning permission or conservation permission is cancelled under section 15(4), a planning permission or conservation permission granted for a specified period has lapsed, or a condition of an authorisation under section 21(6) is breached, the continued use of any building or land for any purpose constitutes development from the date of the cancellation, lapsing or breach, as the case may be. [30/2003; 16/2009; 7/2017]


document_id: pa-1998
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “subdivide”
content:
4. —(1) Subject to this section, a person is, for the purposes of this Act, said to subdivide land if, by any deed or instrument, the person conveys, assigns, demises or otherwise disposes of any part of the land in such a manner that the part so disposed of becomes capable of being registered under the Registration of Deeds Act 1988 or, in the case of registered land, being included in a separate folio of the land‑register under the Land Titles Act 1993, and “subdivide” and “subdivision” are to be construed accordingly. (2) Despite subsection (1), the following leases granted on or after 1 April 1998 are not to be regarded as a disposal of the land or part thereof: ( a ) in the case of any development described in Part 1 of the Third Schedule — the grant of any lease for any unit in the development for a term not exceeding an aggregate of 14 years; ( b ) in the case of any development described in Part 2 of the Third Schedule — the grant of any lease for a building or any part of a building comprised in the development for a term not exceeding an aggregate of 14 years; ( c ) in the case of any other land — the grant of any lease of the whole or part of the land for a term not exceeding an aggregate of 7 years. [30/2003] (3) The Minister may, at any time, by order in the Gazette amend, delete or add to the list of leases in subsection (2) which are not to be regarded as a disposal of land or part thereof. [30/2003] (4) For the purposes of this section — ( a ) the fact that the term of a lease may be extended pursuant to an option is to be taken into consideration in determining whether the term of the lease exceeds any of the periods specified in subsection (2); and ( b ) the fact that a lease for a specified period of time is determinable on the happening of an event within that time is not to be taken into consideration in determining the term of the lease. [30/2003]


document_id: pa-1998
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Competent authority
content:
5. —(1) The Minister may appoint any person or persons as the Minister thinks fit to be the competent authority or authorities responsible for the operation of this Act, either generally or for any particular Part or provision of this Act or for any particular rules made under this Act, and may in the notification specify the extent of and manner in which that responsibility is to be exercised. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The functions conferred on the competent authority by this Act may be performed by any officer mentioned in subsection (3) who has been generally or specially authorised by name or office by the competent authority, and subject to the competent authority’s direction and control. (3) The competent authority may authorise any of the following persons to perform all or any of the competent authority’s functions conferred by this Act: ( a ) any public officer; ( b ) any officer in the employment of a statutory authority which has been approved by the Minister for the purpose. (4) Without affecting subsections (2) and (3), the competent authority may, with the approval of the Minister, authorise generally or specially any person to perform any or all of the functions conferred on the competent authority by sections 27 and 31, subject to the direction and control of the competent authority. [17/2005] (5) Any officer or person who is authorised (whether generally or specially) under subsection (2) or (4) to perform the functions of the competent authority under this Act is deemed to be — ( a ) a public officer for the purposes of this Act; and ( b ) a public servant within the meaning of the Penal Code 1871. [17/2005]


document_id: pa-1998
provision_ref: s6
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 6
title: Master Plan
content:
6. The Master Plan means the Master Plan that was originally submitted to and approved by the Governor in Council on 5 August 1958 under the provisions of Part IV of the Singapore Improvement Ordinance (Cap. 259, 1955 Revised Edition) as subsequently amended under the repealed Act or this Act, and includes the approved maps and written statement.


document_id: pa-1998
provision_ref: s7
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 7
title: Certified Interpretation Plans
content:
7. —(1) For the purpose of providing more detailed interpretation of the Master Plan, the competent authority may, from time to time, prepare and certify further maps on a scale larger than that of the maps contained in the Master Plan. (2) Upon the certification the plan is to be known as a “Certified Interpretation Plan”.


document_id: pa-1998
provision_ref: s8
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 8
title: Amendments to Master Plan
content:
8. —(1) At least once in every 5 years after 1 April 1998, the competent authority must review the Master Plan and submit to the Minister a report of the competent authority’s review together with proposals for amendment to the Master Plan which the competent authority may consider expedient. (2) Without affecting subsection (1), the competent authority may at any time also submit to the Minister proposals for amendment to the Master Plan. (3) Proposals for amendment to the Master Plan may provide for any of the following in relation to the whole of the area which is the subject of the Master Plan or any part thereof: ( a ) rezoning; ( b ) change of plot ratios; ( c ) change of the written statement in any respect; ( d ) designation of conservation areas; ( e ) any other purpose therein stated. (4) A proposal for any amendment to the Master Plan may include any maps, written statements and other matter as may be prescribed and any other information that the competent authority considers necessary. (5) A proposal for any amendment to the Master Plan must be submitted to the Minister for approval and must be accompanied by a planning report. (6) The Minister may approve the proposal with or without modifications or reject it. (7) When the Minister approves of a proposed amendment to the Master Plan, the Master Plan has effect as amended as from the date of the approval of the Minister. (8) In the event of any conflict between provisions of the Master Plan, the most recently approved provision prevails.


document_id: pa-1998
provision_ref: s9
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 9
title: Conservation areas
content:
9. —(1) Where in the opinion of the Minister any area is of special architectural, historic, traditional or aesthetic interest, the Minister may approve under section 8 a proposal to amend the Master Plan to designate the area as a conservation area. (2) A conservation area may comprise — ( a ) an area; ( b ) a single building; or ( c ) a group of buildings.


document_id: pa-1998
provision_ref: s10
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 10
title: Rules relating to amendments to Master Plan
content:
10. —(1) The Minister may make rules to provide for the form, content and procedure to be followed in connection with the preparation, submission and approval of an amendment to the Master Plan. (2) Without limiting subsection (1), the rules may, in particular, require — ( a ) the competent authority to publish in prescribed circumstances a notice of the submission of any proposal to amend the Master Plan, and of the place or places where copies of the Master Plan and of the proposal may be inspected; ( b ) objections and representations made in accordance with the rules to be considered, and public inquiries or other hearings in such cases as may be prescribed to be held before the Master Plan is amended by the Minister; and ( c ) copies of the Master Plan or parts thereof to be made available for free inspection by and for sale at a reasonable cost to the public.


document_id: pa-1998
provision_ref: s11
chapter: PART 2 - MASTER PLAN AND CONSERVATION AREAS
section: 11
title: Conservation guidelines
content:
11. —(1) The competent authority may issue guidelines for the conservation of buildings or land within a conservation area and for the protection of their setting. (2) The competent authority must publish and make available copies of the guidelines for free inspection and for sale at a reasonable cost to the public.


document_id: pa-1998
provision_ref: s12
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 12
title: Unauthorised subdivision, development and other works
content:
12. —(1) A person must not, without planning permission, carry out or permit the carrying out of any development of any land outside a conservation area. [7/2017] (2) A person must not, without conservation permission, carry out or permit the carrying out of any works within a conservation area. [7/2017] (3) A person must not, without subdivision permission, subdivide or permit the subdivision of any land. [7/2017] (4) Subject to subsections (5) and (6), any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or ( b ) if the person is a repeat offender, to a fine not exceeding $200,000 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 $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (5) Where a contravention of subsection (2) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable — ( a ) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (6) Where a contravention of subsection (1) or (2) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (4) for the contravention shall, in lieu of the punishment prescribed in subsection (4), be liable — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (7) In this section, a person is a repeat offender if the person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (4) has (whether before, on or after 15 May 2017) been convicted or found guilty on at least one other earlier occasion of — ( a ) an offence under subsection (4) for contravening subsection (1), (2) or (3); or ( b ) an offence under subsection (4) as in force immediately before that date for contravening subsection (1), (2) or (3) as in force immediately before that same date. [7/2017] (8) Where a person is convicted of an offence under subsection (4) in respect of any works on or any development or subdivision of land without having been served previously with an enforcement notice in respect of the works, development or subdivision, the competent authority may serve an order on the person directing the person to remove from the land, within 14 days of the date of service of the order, all such property or materials used in connection with the offence as may be specified in the order.


document_id: pa-1998
provision_ref: s12A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 12A
title: Presumption of permitting unauthorised development or works
content:
12A. —(1) If a tenant or contractor of the owner of any land — ( a ) carries out any development of the land in contravention of section 12(1); or ( b ) carries out any works within a conservation area on the land in contravention of section 12(2), the owner of the land is taken to have permitted the carrying out of the development, or permitted the carrying out of those works, as the case may be, in contravention of the same provision. [7/2017] (2) However, it is a defence in proceedings against an owner of any land for an offence under section 12(4) for such a contravention if it is proved by the defendant, on a balance of probabilities, that the defendant — ( a ) took all reasonable precautions to prevent the contravention by the tenant or contractor; or ( b ) could not, by the exercise of due diligence, have prevented the contravention by the tenant or contractor. [7/2017] (3) Without limiting the ways in which a defendant may satisfy the requirements of subsection (2)( b ), a defendant satisfies those requirements if it is proved, on a balance of probabilities, that the commission of the offence occurred when the defendant was not the owner of the land in question and that the commission of the offence was due to the act or default of another person. [7/2017] (4) An owner of any land may be proceeded against and convicted under a provision pursuant to this section whether or not the tenant or contractor (as the case may be) of the owner has been proceeded against or been convicted under that provision. [7/2017] (5) In this section — “contractor”, in relation to an owner of any land, means any person whom the owner employs, engages or hires directly to carry out any type of building works on the land; “tenancy agreement” means an agreement, whether or not in writing and whether express or implied, under which a person lets, or licences for occupation, any land or building as a residence or place of business; “tenant”, in relation to an owner of any land, means a person to whom the land is let, or licensed for occupation, by the owner of the land, under a tenancy agreement between the owner and that person. [7/2017]


document_id: pa-1998
provision_ref: s12B
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 12B
title: Application for preliminary advice
content:
12B. —(1) A person intending to apply for written permission may, in such form and manner as the competent authority may require, apply to the competent authority for preliminary advice on any matter (as may be declared by the competent authority) relating to the development of land, works within a conservation area or subdivision of land, which is to be the subject of the person’s application for written permission. [7/2017] (2) Any preliminary advice given by the competent authority under this section — ( a ) does not constitute approval in principle for the proposed development, works or subdivision; and ( b ) does not authorise the carrying out of the development, works or subdivision or any other development, works or subdivision. [7/2017]


document_id: pa-1998
provision_ref: s13
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 13
title: Application for permission
content:
13. —(1) An application for planning permission, conservation permission or subdivision permission must be made to the competent authority in the prescribed form and manner. (2) Unless otherwise prescribed, a person applying for — ( a ) planning permission for any development of any land must, before the person makes the application, appoint an architect or engineer to carry out the duties specified in section 24A; or ( b ) conservation permission for any works within a conservation area must, before the person makes the application, appoint an architect to carry out the duties specified in section 24A. [7/2017] (3) Where the qualified person appointed under subsection (2) ceases to be appointed for any reason, the developer must — ( a ) without delay appoint another qualified person in accordance with subsection (2); and ( b ) within 7 days after the appointment under paragraph ( a ), notify the competent authority of that appointment. [7/2017] (4) A developer who, without reasonable excuse, fails to comply with subsection (3)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [7/2017] (5) The competent authority must seek to determine such an application within 3 months of receiving it but may, where unavoidable circumstances so require, defer the competent authority’s determination for such further period as the competent authority thinks fit.


document_id: pa-1998
provision_ref: s14
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 14
title: Applications determined with reference to Master Plan, etc.
content:
14. —(1) Subject to subsection (2), in determining an application for written permission, the competent authority must act in conformity with the provisions of the Master Plan and any Certified Interpretation Plan insofar as they may be relevant. (2) Where the Minister approves, either in relation to a particular application or a class of applications (as the case may be), the competent authority need not act in accordance with subsection (1) in any of the following circumstances: ( a ) the land to which the application relates (called in this subsection the relevant land) is or will be required for any public purpose or for the provision of any utility services or infrastructural, social or transportation facility; ( b ) the relevant land, or its locality, is the subject of a planning, transportation, conservation or preservation study being carried out by the competent authority or any other public authority; ( c ) the provisions of the Master Plan insofar as it relates to the relevant land, or its locality, is being reviewed by the competent authority; ( d ) a proposal to amend the provisions of the Master Plan insofar as it relates to the relevant land, or its locality, has been submitted to the Minister for approval under section 8; ( e ) the competent authority is of the view that the development proposed in the application is incongruent with the developments on land adjoining the relevant land or other land in the locality; ( f ) the planning permission or conservation permission to be granted for the development proposed in the application is for a specified period not exceeding 10 years. [30/2003] (3) Where subsection (2) applies, the competent authority may determine the application in the manner as the Minister may approve. (4) Subject to any rules, the competent authority may — ( a ) grant written permission, either unconditionally or subject to any conditions the competent authority considers fit, including those mentioned in section 15; or ( b ) refuse written permission. (5) Where written permission is granted subject to conditions or is refused, the competent authority must provide reasons in writing for imposing the conditions or refusing the application, as the case may be. (6) When an application for planning permission or conservation permission is made to the competent authority in relation to any land, the application supersedes any previous application for planning permission or conservation permission relating to the same land which remains undetermined. (7) Unless otherwise approved by the Minister in writing, the planning permission or conservation permission of the competent authority is a condition precedent to the consideration by a licensing authority of any application for the issue of a licence for any purpose involving the development of land.


document_id: pa-1998
provision_ref: s14A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 14A
title: Applications determined in reliance of declaration of qualified person
content:
14A. —(1) Where an application for written permission is required under this Act to be accompanied by any declaration by an appropriate qualified person that to the best of his or her knowledge and belief — ( a ) the information contained in any specified document, form and plan submitted for the application is true and correct in all material particulars; and ( b ) every such document, form and plan submitted for the application has been completed or prepared in accordance with the provisions of this Act and all requirements that the competent authority may specify in respect of the application, the competent authority may, without checking the information, documents, forms or plans, determine the application on the basis of the declaration of the qualified person. [30/2003; 7/2017] (2) Despite subsection (1), the competent authority may, in the competent authority’s discretion, carry out random checks on any information, document, form or plan relating to any application for written permission before or after determining the application. [30/2003] (3) The competent authority may at any time revoke any written permission granted under subsection (1) if the competent authority is satisfied that — ( a ) any information contained in any document, form or plan submitted for the application is false or misleading in any material particular; or ( b ) any document, form or plan submitted for the application is not in compliance in any material particular with the provisions of this Act and the requirements that the competent authority may specify in respect of the application. [30/2003] (4) Where the competent authority revokes a written permission under subsection (3), any development of land, works within a conservation area or subdivision of land (as the case may be) carried out pursuant to that written permission is or are deemed to have been carried out without the requisite written permission. [30/2003]


document_id: pa-1998
provision_ref: s15
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 15
title: Conditions for planning permission or conservation permission
content:
15. —(1) All or any of the following conditions may be imposed on the grant under section 14(4) of any planning permission or conservation permission in respect of any land: ( a ) that the permission is granted for a specified period; ( b ) that where the permission is granted for a specified period, any building or works authorised by the permission must be removed, or the use of the land so authorised must be discontinued, at the end of the specified period, and that any works for the reinstatement of the land at the end of that period must be carried out; ( c ) that any work must be commenced by a specified time; ( d ) restrictions or requirements specified by the competent authority as to the height, design, appearance and siting of any building, including the use of lighting in the design and appearance of the building; ( e ) that subdivision of the land is prohibited; ( f ) that a banker’s guarantee must be issued to, or deposits must be placed with, the competent authority or such statutory authority as the competent authority may specify to secure compliance with the requirements of the competent authority or that statutory authority; ( g ) that the title of any part of the land must be transferred free from encumbrances to the State or any public authority; ( h ) that such areas within the land as the competent authority considers necessary are to be provided, maintained and kept open and accessible for use by the public as paths or open spaces, without any compensation; ( i ) that such connecting structures (whether or not within the land) as the competent authority considers necessary are to be provided, maintained and kept open and accessible for use by the public or any occupier or other user of the land and any other land adjoining or in the locality, without any compensation; ( j ) that a knock-out panel must be provided at any part of the land, and must be removed when the competent authority requires the owner or occupier of the land to do so, so as to allow the land to be connected to any adjoining land or building; ( k ) that the permission supersedes any previous permission given by the competent authority to the applicant despite anything in section 20. [30/2003; 7/2017] (2) To avoid doubt, the common law on dedication of land does not apply in relation to any area or connecting structure mentioned in subsection (1)( h ) or ( i ) to create any interest in land. [7/2017] (3) The following conditions may also be imposed on the grant of any conservation permission under section 14(4): ( a ) requirements for compliance with any conservation guidelines or any other requirements relating to conservation; ( b ) requirements for making good any damage caused to the building by any works after the works are completed; ( c ) where the approval of the Commissioner of Building Control under the Building Control Act 1989 is required to be obtained for the plans of the building works with regard to any works within a conservation area, requirements for the submission to the competent authority, within 7 days of the application for approval made to the Commissioner of Building Control, of a declaration by the qualified person who submitted the plans of the building works for the application to the Commissioner of Building Control that those plans are in accordance with the plans approved by the competent authority in the grant of the conservation permission. [30/2003; 7/2017] (4) Where a condition is imposed under section 14(4) on the grant of planning permission or conservation permission in respect of any land — ( a ) every person carrying out any development of the land; ( b ) every person carrying out any works within a conservation area on the land; and ( c ) every owner or occupier of the land, must each comply with the condition, whether or not the person, owner or occupier applied for the permission or owned or occupied the land at the time the permission was granted. [7/2017] (5) A person shall be guilty of an offence if the person — ( a ) is required by subsection (4) to comply with a condition imposed on a planning permission or conservation permission; ( b ) carries out or permits the carrying out of any development of land, any works within a conservation area or any other activity in contravention of that condition; and ( c ) knew or ought reasonably to have known, when carrying out, or permitting the carrying out, of the development, works or activity, that the development, works or activity is in contravention of the condition. [7/2017] (6) Subject to subsections (7) and (8), any person found guilty of an offence under subsection (5) shall be liable on conviction — ( a ) to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction; or ( b ) if the person is a repeat offender, to a fine not exceeding $200,000 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 $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (7) Where a contravention of subsection (4) by a person includes the demolition of a building (or part of a building) in a conservation area, the person convicted of an offence under subsection (5) for the contravention shall, in lieu of the punishment prescribed in subsection (6), be liable — ( a ) to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (8) Where a contravention of subsection (4) by a person involves the use of any land or building to provide dormitory accommodation, the person convicted of an offence under subsection (5) for the contravention shall, in lieu of the punishment prescribed in subsection (6), be liable — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. [7/2017] (9) Where any person fails to comply with any condition imposed on any planning permission or conservation permission, the competent authority may cancel the relevant permission. (10) In this section — “connecting structure” means any underpass, subway, bridge or other structure, whether under or above ground or at grade and whether for pedestrians or vehicles, linking or connecting — ( a ) a building with another building; ( b ) a building with any public facility, space or street; or ( c ) a public facility, space or street with another public facility, space or street, and includes escalators, travellators and other facilities but does not include a railway tunnel or any part of it; “repeat offender” means a person who is convicted, or found guilty, of an offence (other than a continuing offence) under subsection (5) and has (whether before, on or after 15 May 2017) been convicted or found guilty on at least one other earlier occasion of — ( a ) an offence under subsection (5); or ( b ) an offence under section 15(3) of this Act as in force immediately before that date. [7/2017]


document_id: pa-1998
provision_ref: s16
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 16
title: Subdivision permission: supplementary provisions
content:
16. —(1) A planning permission or conservation permission may also, where it expressly so provides, contain subdivision permission. (2) A copy of every document containing subdivision permission must be forwarded by the competent authority to the Collector together with a plan of the subdivision so authorised on which the dimensions of all lots, widths of streets and backlanes and such other particulars as the competent authority may consider necessary are shown.


document_id: pa-1998
provision_ref: s17
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 17
title: Provisional permission
content:
17. —(1) Where the competent authority so determines, the competent authority may grant any written permission as a provisional permission in the first instance. (2) The competent authority may authorise (generally or specially) the carrying out of specified preliminary works following the grant of provisional permission. (3) Any grant of provisional permission lapses 6 months following the date of its granting unless a longer period is specified in the provisional permission or the competent authority otherwise directs in writing. (4) Where the competent authority is satisfied that all the conditions contained in a provisional permission have been complied with during the validity period of the provisional permission, the competent authority must grant a written permission subject to such further conditions as the competent authority thinks fit. [Act 23 of 2023 wef 18/12/2023] (5) A written permission granted under subsection (4) is deemed to be a written permission granted under section 14. [Act 23 of 2023 wef 18/12/2023]


document_id: pa-1998
provision_ref: s17A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 17A
title: Application for provisional permission
content:
17A. —(1) An applicant for planning permission or conservation permission who desires to commence preliminary works before the grant of the permission, may apply in the first instance for that permission as a provisional permission. (2) Subject to any rules, the competent authority may — ( a ) grant the provisional permission, either unconditionally or subject to any conditions the competent authority considers fit; or ( b ) refuse to grant the provisional permission. (3) Where, subsequent to the grant of provisional permission, an application for planning permission or conservation permission is made during the validity period of the provisional permission, the application is to be determined on the basis of the further details supplied on that subsequent application. (4) For the purposes of this section — ( a ) section 13 applies with the necessary modifications to an application for provisional permission as it applies to an application for written permission, except that a different form and manner may be prescribed for the making of an application for provisional permission; ( b ) sections 14, 14A, 21 and 22 apply with the necessary modifications to an application for provisional permission as they apply to an application for written permission; ( c ) sections 14(5), 14A, 19, 21 and 22 apply with the necessary modifications to a grant of provisional permission under this section, as they apply to a grant of written permission; ( d ) section 17(2) and (3) applies to a grant of provisional permission under this section as it applies to a grant of provisional permission under section 17(1); and ( e ) to avoid doubt, section 17(4) does not apply to a grant of provisional permission under this section. [Act 23 of 2023 wef 18/12/2023]


document_id: pa-1998
provision_ref: s18
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 18
title: Outline permission
content:
18. —(1) An applicant for planning permission or conservation permission may if the applicant so desires apply in the first instance for outline permission in the manner prescribed. (2) An application for outline permission must be determined on the same basis as an application for planning permission or conservation permission except that the competent authority is to have regard only to matters relating to land use, intensity, type, form and height of the proposed development or works. (3) Outline permission constitutes approval in principle for the proposed development or works, but does not authorise the carrying out of that development or works or any other development or works. (4) Any grant of outline permission lapses 6 months following the date of its granting unless a longer period is specified in the outline permission or the competent authority otherwise directs in writing. (5) Where subsequent to the grant of outline permission an application for planning permission or conservation permission is made during the validity period of the outline permission, the application is to be determined on the basis of the further details supplied on that subsequent application. (6) Section 22 applies, with the necessary modifications, to applications made under this section as it applies to applications made under section 13.


document_id: pa-1998
provision_ref: s19
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 19
title: Rectification of errors and omissions
content:
19. —(1) The validity of any written permission granted under this Part is not affected by any error in or omission of any particulars relating to the description of any land or boundary if the location and identity of the land are not in question. (2) The competent authority may at any time rectify any such error or omission by — ( a ) notification in the Gazette ; or ( b ) amending or adding to the written permission to correct any matter erroneously entered or omitted.


document_id: pa-1998
provision_ref: s19A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 19A
title: Developer must appoint qualified person to supervise development or works
content:
19A. —(1) Unless otherwise prescribed, a developer carrying out — ( a ) any development of any land must, before the development starts, appoint an architect or engineer to carry out the duties under section 24B; or ( b ) any works within a conservation area must, before the works start, appoint an architect to carry out the duties under section 24B. [7/2017] (2) Where any qualified person appointed under subsection (1) becomes unwilling to act or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the developer must — ( a ) without delay appoint another qualified person in accordance with subsection (1); and ( b ) within 7 days after the appointment under paragraph ( a ), notify the competent authority of that appointment. [7/2017] (3) Any developer who, without reasonable excuse, fails to comply with any requirement in subsection (1)( a ) or ( b ) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day the developer fails to comply with the requirement, and if the failure continues after the conviction, the developer shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [7/2017]


document_id: pa-1998
provision_ref: s20
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 20
title: Expiry of permissions
content:
20. —(1) Except where the competent authority imposes a condition to the contrary, every planning permission and every conservation permission lapses if the development or works authorised by it are not completed or effected within 2 years of — ( a ) the date of the grant of the planning permission or conservation permission, as the case may be; or [Act 23 of 2023 wef 18/12/2023] ( b ) [ Deleted by Act 23 of 2023 wef 18/12/2023 ] ( c ) if an appeal is made under section 22, the date the appeal is determined or withdrawn. (2) The competent authority may, in the competent authority’s discretion, extend any planning permission or conservation permission on such terms and for such further period as the competent authority thinks fit.


document_id: pa-1998
provision_ref: s20A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 20A
title: Power to require as-built plans
content:
20A. —(1) Subject to subsection (2), the competent authority may, in respect of any development of any land or any works within a conservation area authorised in a planning permission or conservation permission, require a developer to submit, in such form as the competent authority may require — ( a ) as-built plans of the development or works prepared by a land surveyor in accordance with the requirements specified by the competent authority; ( b ) a declaration by the land surveyor who prepared the as‑built plans that the as‑built plans have been prepared by the land surveyor in accordance with the requirements mentioned in paragraph ( a ); and ( c ) such other documents as the Minister may prescribe. [7/2017] (2) Subsection (1) applies at any time after the commencement of the development or works but before — ( a ) the Commissioner of Building Control grants a temporary occupation permit or a certificate of statutory completion under the Building Control Act 1989, whichever is earlier, for every building authorised in the relevant permission; or ( b ) where a temporary occupation permit or a certificate of statutory completion is not required under the Building Control Act 1989, the development or works is complete. [7/2017]


document_id: pa-1998
provision_ref: s21
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 21
title: Applications referred to Minister
content:
21. —(1) The Minister may give directions to the competent authority requiring that all or any applications under section 13 or any class of applications specified in the direction must be referred to the Minister for determination instead of the competent authority, and every such application must then be so referred to the Minister. (2) The decision of the Minister on such an application must be communicated to the competent authority, who must grant or refuse written permission in accordance with the decision, and, if written permission is granted, impose such conditions as the Minister may direct and such other conditions as the competent authority thinks fit. (3) The Minister, in determining any such application, has all the functions of the competent authority under this Act, and references to the competent authority are to be accordingly construed as references to the Minister. (4) Any decision by the Minister under this section is final, and is not subject to appeal under section 22 or to be challenged or questioned in any court; but any decision by the competent authority to impose conditions other than as directed by the Minister is subject to appeal under section 22 as if the conditions had been imposed by the competent authority under section 14(4). (5) Where the competent authority intends to develop or to carry out works within a conservation area on any land belonging to the competent authority, the competent authority may be directed by the Minister to provide to the Minister particulars relating to the development or works and the Minister may give such further directions as the Minister considers fit in relation thereto. (6) Despite section 12, the Minister may authorise, by notification in the Gazette , either generally or in relation to any specified area — ( a ) any development of land; ( b ) any works within a conservation area; or ( c ) any subdivision of land, subject to such conditions as may be specified in the notification. [30/2003; 7/2017]


document_id: pa-1998
provision_ref: s21A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 21A
title: Full payment of land betterment charge may be condition precedent to written permission, etc.
content:
21A. Despite any other provision in this Act, it is lawful for — ( a ) the competent authority or Minister to refuse to grant written permission under section 14 for a development or subdivision of any land; or ( b ) the competent authority to refuse to accept a lodgment of any plans for a development or subdivision of any land authorised by notification in the Gazette made under section 21(6), if any land betterment charge that is payable under the Land Betterment Charge Act 2021 with respect to the development or subdivision is not paid in full and where no deferment determination relating to the land betterment charge is in force. [Act 11 of 2021 wef 01/08/2022]


document_id: pa-1998
provision_ref: s22
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 22
title: Appeals to Minister
content:
22. —(1) Where an application for written permission under section 13 is — ( a ) refused by the competent authority; ( b ) granted by the competent authority subject to conditions; or ( c ) granted provisional permission under section 17 by the competent authority subject to conditions, the applicant who is aggrieved by that decision may appeal to the Minister against that decision. (2) Where the competent authority cancels a planning permission or conservation permission under section 15(9), any person aggrieved by that decision may appeal to the Minister against that decision. [7/2017] (3) An appeal must be made in the form and manner prescribed and within 60 days of the date of the notification of the decision. (4) An appeal does not affect the enforceability of any condition imposed or prevent the taking of any action in respect of any unauthorised development of any land or any unauthorised works within a conservation area unless otherwise directed by the Minister in any particular case. [7/2017] (5) Where an appeal is brought under this section against a decision of the competent authority, the Minister may dismiss or allow the appeal unconditionally or subject to such conditions as the Minister considers fit. (6) The decision of the Minister on an appeal must be communicated to the competent authority and the applicant. (7) Where the competent authority grants written permission in accordance with the decision of the Minister on appeal, the competent authority may, whether the Minister dismisses or allows the appeal unconditionally or subject to conditions, impose such additional conditions as the competent authority thinks fit which must not be inconsistent with the decision of the Minister on appeal. [7/2017] (8) Any decision by the competent authority to impose additional conditions under subsection (7) may be appealed against under subsection (1) as if the conditions were imposed under section 14(4). (9) The decision of the Minister is final and is not to be challenged or questioned in any court.


document_id: pa-1998
provision_ref: s22A
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 22A
title: Designation of persons to hear appeals
content:
22A. The Minister may designate to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 22 or 29 — ( a ) any Minister of State or Senior Minister of State, or Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry; or ( b ) any public officer in his or her Ministry not subordinate to the competent authority whose decision is appealed against, and any reference in that section to the Minister includes a reference to the Minister of State or Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary or public officer so designated for that appeal. [7/2017] [Act 11 of 2021 wef 01/08/2022]


document_id: pa-1998
provision_ref: s23
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 23
title: Registers and records
content:
23. —(1) The competent authority must keep a record of — ( a ) all written permissions granted or refused by the competent authority and by the Minister under this Part; and ( b ) all decisions made by the Minister on appeal under section 22. (2) The record must include all relevant plans. (3) The record must be made available for inspection to any member of the public on payment of such fees as may be prescribed. (4) The record may be kept in electronic form.


document_id: pa-1998
provision_ref: s24
chapter: PART 3 - DEVELOPMENT AND SUBDIVISION OF LAND
section: 24
title: Obligation to purchase land in certain cases
content:
24. —(1) Without prejudice to the operation of any other written law relating to the acquisition of land for a public purpose, any owner of land which is allocated in the Master Plan for development for a public purpose may serve on the competent authority a purchase notice requiring the owner’s interest in the land so required for that public purpose to be purchased in accordance with this section, if the owner — ( a ) is refused permission under section 14 to develop that land; or ( b ) has completed the development of any contiguous land belonging to the owner in accordance with any permission granted by the competent authority under section 14. (2) The person serving the notice must certify that the person has the consent of every person known to the person to have an interest in the land. (3) The competent authority must investigate every purchase notice so served and, when the competent authority is satisfied with the correctness thereof, the competent authority must transmit the purchase notice to the Minister together with the following information: ( a ) the specific public purpose for which the land is allocated; ( b ) any written permission granted to the owner of the land to develop it despite the allocation of the land for a public purpose. (4) The Minister may reject a purchase notice in whole or in part where, in his or her opinion, the land or part thereof — ( a ) is capable of reasonably beneficial use in its existing state; or ( b ) will not be required for development for a public purpose within 5 years from the date of service of the purchase notice. (5) Where, and to the extent that, he or she does not reject a purchase notice, the Minister must declare that the land referred to in the purchase notice or any part thereof is needed for a public purpose and may order proceedings to be taken for — ( a ) obtaining possession of the land or part thereof for the State, the competent authority or any public authority; and ( b ) determining compensation to be paid to any person or persons interested therein. (6) Such compensation is to be assessed in the manner and according to the principles laid down in any written law for the time being in force relating to the acquisition of land for a public purpose, but account must be taken of any such written permission for development granted as mentioned in subsection (3)( b ). (7) For the purposes of this section, the allocation of land in the Master Plan as being within — ( a ) a green belt; or ( b ) a conservation area, does not constitute an allocation for development for a public purpose.


document_id: pa-1998
provision_ref: s24A
chapter: PART 3A - QUALIFIED PERSONS
section: 24A
title: Duties of qualified person appointed under section 13
content:
24A. —(1) Every qualified person who is appointed under section 13 in respect of an application for planning permission or conservation permission must — ( a ) prepare the plans of the development or works within a conservation area required, by rules made under section 61, to be submitted with the application for planning permission or conservation permission and take all reasonable steps and exercise due diligence to ensure that the plans are prepared in accordance with — (i) the provisions of this Act; (ii) where applicable, any conditions and requirements imposed by the competent authority in any outline permission or provisional permission for the development or works, or existing written permission, granted in respect of the land; and (iii) all relevant guidelines of the competent authority; ( b ) notify the competent authority of any contravention of this Act or non-compliance with any condition or requirement mentioned in paragraph ( a )(ii) or (iii) that the qualified person knows or ought reasonably to know about; ( c ) submit to the competent authority a declaration that the qualified person has prepared the plans and that the plans are prepared in accordance with paragraph ( a ); and ( d ) supply a copy of every plan of the development or works approved by the competent authority to the qualified person appointed under section 19A to supervise the development or works. [7/2017] (2) If any qualified person who is appointed under section 13 becomes unwilling or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the qualified person must, within 14 days after ceasing to carry out his or her duties, notify the competent authority of that fact. [7/2017] (3) A qualified person — ( a ) who fails to comply with the requirement mentioned in subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) who fails to comply with the requirement mentioned in subsection (1)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both, and to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement and, if the failure to comply continues after conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [7/2017] (4) In any prosecution for an offence under subsection (3) for failing to comply with the requirement to notify a contravention or non‑compliance mentioned in subsection (1)( b ), it is a defence for the qualified person charged to prove to the satisfaction of the court that the qualified person did not know and could not reasonably have discovered the contravention or non-compliance. [7/2017] (5) A qualified person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [7/2017]


document_id: pa-1998
provision_ref: s24B
chapter: PART 3A - QUALIFIED PERSONS
section: 24B
title: Duties of qualified persons appointed to supervise development or works
content:
24B. —(1) Every qualified person who is appointed under section 19A to supervise the carrying out of any development or works must — ( a ) take all reasonable steps and exercise due diligence in supervising and inspecting the development or works (as the case may be) to ensure that the development or works are carried out in accordance with — (i) the provisions of this Act; (ii) the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and (iii) the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be; ( b ) notify the competent authority of any contravention of or non‑compliance with any provision, condition, requirement or plans mentioned in paragraph ( a )(i), (ii) or (iii); ( c ) take all reasonable steps to immediately stop or cease the contravention or non‑compliance mentioned in paragraph ( b ); and ( d ) submit to the competent authority such reports and declarations as the competent authority may require (other than a declaration required under this section). [7/2017] (2) A qualified person — ( a ) who fails to comply with the requirement mentioned in subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both; or ( b ) who fails to comply with the requirement mentioned in subsection (1)( b ), ( c ) or ( d ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2017] (3) In any prosecution for an offence under subsection (2)( b ) for failing to notify or stop the contravention or non‑compliance mentioned in subsection (1)( b ) or ( c ), it is a defence for the qualified person charged to prove to the satisfaction of the court that the qualified person did not know and could not reasonably have discovered the contravention or non‑compliance. [7/2017] (4) A qualified person appointed under section 19A must, within such period as the competent authority may specify in the planning permission or conservation permission or within such extended time as the competent authority may give in writing, submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works are carried out in accordance with — ( a ) the provisions of this Act; ( b ) the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and ( c ) the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be. [7/2017] (5) Where any qualified person appointed under section 19A becomes unwilling to act or unable, whether by reason of the termination of the qualified person’s appointment or for any other reason, to carry out the qualified person’s duties under this Act, the qualified person must, within 14 days after ceasing to carry out the qualified person’s duties — ( a ) notify the competent authority of that fact; and ( b ) submit the qualified person’s declaration to the competent authority that, to the best of the qualified person’s knowledge and belief, the development or works carried out during the period of the qualified person’s appointment are in accordance with — (i) the provisions of this Act; (ii) the conditions and requirements imposed by the competent authority in the planning permission or conservation permission, as the case may be; and (iii) the relevant plans approved by the competent authority in the grant of planning permission for the development or conservation permission for the works, as the case may be. [7/2017] (6) A qualified person — ( a ) who fails to comply with the requirement mentioned in subsection (4) or (5)( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; or ( b ) who fails to comply with the requirement mentioned in subsection (5)( a ) 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 6 months or to both. [7/2017] (7) In relation to a continuing failure to comply with the requirement mentioned in subsection (1), (4) or (5) — ( a ) the qualified person convicted of an offence under subsection (2) or (6) (as the case may be) for that failure shall be liable to an additional fine not exceeding $1,000 for each day or part of a day the qualified person fails to comply with the requirement mentioned in subsection (1), (4) or (5), as the case may be; and ( b ) if the failure to comply continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the failure to comply continues after conviction. [7/2017]


document_id: pa-1998
provision_ref: s24C
chapter: PART 3A - QUALIFIED PERSONS
section: 24C
title: False declarations
content:
24C. —(1) A qualified person who makes any declaration required under this Act that is false or misleading in any material particular knowing that, or with reckless disregard as to whether, the declaration is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both; or ( b ) if the qualified person is a repeat offender, to a fine not exceeding $60,000 or to imprisonment for a term not exceeding 12 months or to both. [7/2017] (2) A qualified person who negligently makes any declaration required under this Act that is false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 3 months or to both; or ( b ) if the qualified person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 6 months or to both. [7/2017] (3) In this section, a qualified person is a repeat offender if the qualified person who is convicted, or found guilty, of an offence under subsection (1) or (2) has (whether before, on or after 15 May 2017) been convicted or found guilty on at least one other earlier occasion of — ( a ) an offence under subsection (1) or (2); ( b ) an offence under section 14A(5) as in force immediately before 15 May 2017; or ( c ) an offence under section 15(3A) as in force immediately before 15 May 2017. [7/2017]


document_id: pa-1998
provision_ref: s25
chapter: PART 4 - ENFORCEMENT
section: 25
title: Power to require information about activities on land
content:
25. —(1) Where it appears to the competent authority that there may have been a breach of planning control in respect of any land, the competent authority may serve an information notice on any person who — ( a ) is an owner or occupier of the land or has any other interest in the land; or ( b ) is carrying out operations on the land or is using the land for any purpose. (2) An information notice may require the person on whom it is served to give such information as may be specified in the notice relating to — ( a ) any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and ( b ) any matter relating to the conditions subject to which any planning permission or conservation permission in respect of the land has been granted. (3) In particular, an information notice may require the person on whom it is served — ( a ) to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land; ( b ) to state when any use, operations or activities began; ( c ) to give the name and address of any person known to the person to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land; ( d ) to give any information the person holds as to any planning permission or conservation permission for any use or operations or any reason for planning permission or conservation permission not being required for any use or operations; ( e ) to state the nature of the person’s interest (if any) in the land and the name and address of any other person known to the person to have an interest in the land. (4) An information notice must be complied with by giving the required information in writing to the competent authority. (5) The service of an information notice does not affect any other power exercisable in respect of any breach of planning control. (6) In this section, any reference to operations or activities on land includes a reference to operations or activities in, under or over the land, and includes works in a conservation area.


document_id: pa-1998
provision_ref: s26
chapter: PART 4 - ENFORCEMENT
section: 26
title: Penalties for non-compliance with information notice
content:
26. —(1) If the person on whom an information notice is served does not comply with the notice at the end of 21 days from the day the notice was served on the person, the person shall be guilty of an offence. (2) It is a defence for a person charged with an offence under subsection (1) to prove that the person did not know, and could not with reasonable diligence have ascertained, the information required in the information notice. (3) If any person — ( a ) makes any statement purporting to comply with a requirement of an information notice which the person knows to be false or misleading in a material particular; or ( b ) recklessly makes such a statement which is false or misleading in a material particular, the person shall be guilty of an offence. (4) Any person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pa-1998
provision_ref: s26A
chapter: PART 4 - ENFORCEMENT
section: 26A
title: Power to examine and secure attendance, etc.
content:
26A. —(1) Where it appears to the competent authority that there may have been a breach of planning control in respect of any land, the competent authority may do all or any of the following: ( a ) examine orally any person who appears to be acquainted with matters related to the offence; ( b ) require by notice in writing the attendance before the competent authority of any person within Singapore who, from information given or otherwise, appears to be acquainted with matters related to the offence; ( c ) require any person to provide any information or produce any book or document, or any copy thereof, in the possession of that person and, without payment, inspect, keep, copy or take extracts from that book, document or copy. [7/2017] (2) A person is not excused from making an oral statement under subsection (1)( a ) on the ground that the statement might tend to incriminate the person but, where the person claims before making the statement that the statement might tend to incriminate the person, that statement is not admissible in evidence against that person in criminal proceedings other than proceedings for an offence under subsection (4)( c ) or ( d ). [7/2017] (3) A statement made by any person examined under this section must — ( a ) be in writing; ( b ) be read over to the person; ( c ) if the person does not understand English, be interpreted in a language that the person understands; and ( d ) after correction (if necessary) be signed by the person. [7/2017] (4) Any person who — ( a ) neglects or refuses to provide any information or produce any book or document, or any copy thereof, required under this section; ( b ) neglects or refuses to attend before the competent authority as required under this section; ( c ) provides any information or produces any book or document, or any copy thereof, required under this section that is false in a material particular and that the person knows to be false or does not believe to be true; or ( d ) by the intentional suppression of any material fact, provides information required under this section that is misleading, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. [7/2017]


document_id: pa-1998
provision_ref: s27
chapter: PART 4 - ENFORCEMENT
section: 27
title: Authority to enter upon land
content:
27. —(1) The competent authority may, with such assistants and workmen as are necessary, at any reasonable time, enter any land for the purpose of — ( a ) ascertaining whether there is, or has been, a contravention of this Act; ( b ) ascertaining whether any of the functions conferred by this Act on the competent authority or the Minister should or may be exercised; or ( c ) taking any action or carrying out any work authorised or required by or under this Act. [17/2005] (2) If entry to any land for the purposes of subsection (1)( a ) cannot be obtained, the competent authority may — ( a ) where the competent authority has reasonable cause to believe that evidence of a contravention of this Act can be found on the land; ( b ) after declaring his or her office and producing his or her identification card where a demand is made for him or her to do so; ( c ) with such force as is necessary to obtain entry; and ( d ) with such assistants and workmen as are necessary, break open any outer or inner door or window on the land, forcibly enter the land and every part of the land, or remove by force any obstruction to such entry. [7/2017] (3) The competent authority may take photographs, or audio or video recordings of the land and any property or material found thereon and such other steps as the competent authority may consider necessary without involving any search or seizure of any premises, thing or person. [7/2017] (4) The occupier of any premises must, if required by the competent authority — ( a ) give his or her name and address; ( b ) provide proof of his or her identity; and ( c ) give the name and address of the owner of the premises, if known. (5) Any person who wilfully obstructs the competent authority in the performance of any matter or thing which the competent authority is authorised to do by this section or fails to comply with the requirement under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both. (6) A police officer may arrest without warrant any person who has committed or whom the police officer reasonably suspects to have committed an offence under subsection (5) if — ( a ) the person declines to give his or her name and address; or ( b ) there is reason to doubt the accuracy of the name and address, if given. (7) A person arrested under this section may be detained until his or her name and address are correctly ascertained except that no person so arrested may be detained longer than is permitted by written law and is necessary for bringing the person before a court unless the order of a court for the person’s detention is obtained.


document_id: pa-1998
provision_ref: s28
chapter: PART 4 - ENFORCEMENT
section: 28
title: Enforcement notices
content:
28. —(1) The competent authority may issue an enforcement notice where it appears to the competent authority that there has been a breach of planning control. (2) An enforcement notice must specify the steps the competent authority requires to be taken, or the activities on or the use of the land the competent authority requires to cease, in order to remedy (wholly or partly) the breach of planning control or to remedy any injury to any amenities caused by the breach. (3) An enforcement notice may, in particular, require — ( a ) the alteration, demolition or removal of any building or works; ( b ) the carrying out of any building or other operations; ( c ) the cessation, either wholly or to the extent specified in the notice, of any activity on or use of the land; or ( d ) the removal from the land of all property and materials used in connection with the breach of planning control. (4) Where the enforcement notice relates to unauthorised works in a conservation area, the notice may also include — ( a ) a requirement to restore any building on the land to its former state; ( b ) if the competent authority considers that such restoration is not reasonably practicable or undesirable, a requirement to execute such works as the competent authority may specify in the notice to alleviate the effect of the unauthorised works; or ( c ) a requirement to bring any building to the state in which it would have been if the terms and conditions of any conservation permission granted in respect of the building had been complied with. (5) An enforcement notice must specify — ( a ) the date on which it is to take effect, which must not be less than 14 days from the date of service of the notice; and ( b ) the period (which runs from the date the enforcement notice takes effect) within which any step required by the notice must be taken or any activity on or the use of the land required by the notice to cease must cease. (6) A copy of an enforcement notice may be served on any one or more of the following: ( a ) any owner of the land to which it relates; ( b ) any occupier of that land; ( c ) any other person who appears to the competent authority to have been responsible for or participated in the breach of planning control. (7) An enforcement notice continues to have effect until and to the extent that the notice is — ( a ) superseded by a grant of planning permission or conservation permission under section 14; ( b ) superseded by a notification under section 21(6); or ( c ) withdrawn by the competent authority. (8) Compliance with the requirements of an enforcement notice, whether in respect of — ( a ) the completion, demolition, removal or alteration of any building or works; or ( b ) the discontinuance of any activity on or use of the land, or in any other manner, does not discharge the notice. (9) Except by way of an appeal to the Minister under section 29, the validity of an enforcement notice is not to be questioned in any court or proceedings whatsoever.


document_id: pa-1998
provision_ref: s29
chapter: PART 4 - ENFORCEMENT
section: 29
title: Appeal to Minister against enforcement notice
content:
29. —(1) Any person aggrieved by any requirement of an enforcement notice may, at any time before the notice takes effect, appeal to the Minister in the form and manner prescribed. (2) Where an appeal is made under this section, the Minister may — ( a ) correct any defect, error or misdescription in the enforcement notice or vary its requirements; ( b ) extend, subject to such conditions as the Minister considers fit, the period specified in the enforcement notice within which any requirement therein is to be complied; ( c ) dismiss the appeal; ( d ) allow the appeal unconditionally; or ( e ) allow the appeal in whole or in part, and subject to such conditions as the Minister considers fit, and the Minister may give such directions as the Minister thinks necessary to give effect to his or her decision on the appeal. (3) Without prejudice to the general power of the Minister to impose conditions or give directions under subsection (2), the Minister may require that such security as he or she may think necessary be provided to the competent authority and specify the circumstances in which the security may be forfeited by the competent authority. (4) The decision of the Minister under subsections (2) and (3) is final. (5) When an appeal is made to the Minister under this section, the enforcement notice is, unless the Minister at any time otherwise directs, of no effect pending the determination or withdrawal of the appeal. (6) Except where the Minister decides to allow an appeal unconditionally, the enforcement notice takes effect from the date the appellant is given notice of the decision of the Minister. (7) Any forfeiture by the competent authority of any security provided under this section does not prejudice the institution of proceedings against any person for any offence under this Act.


document_id: pa-1998
provision_ref: s30
chapter: PART 4 - ENFORCEMENT
section: 30
title: Offences of non-compliance with enforcement notice
content:
30. —(1) Where there has been a failure to comply with any requirement of an enforcement notice in relation to any land, the person who is served with the enforcement notice shall be guilty of an offence. (2) Any person who — ( a ) uses land in contravention of the enforcement notice after the requirements in the notice have been complied with; or ( b ) carries out any works by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements in an enforcement notice, shall, despite the earlier compliance with the notice, be guilty of an offence. (3) A person guilty of an offence under this section shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: pa-1998
provision_ref: s31
chapter: PART 4 - ENFORCEMENT
section: 31
title: Execution and costs of works required by enforcement notice, etc.
content:
31. —(1) Where — ( a ) any requirement of an enforcement notice or an order under section 12(8) is not complied with within the period allowed by the notice or order, as the case may be; ( b ) any land is used in contravention of an enforcement notice after the requirements in the notice have been complied with; or ( c ) any works have been carried out by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the requirements of an enforcement notice, the competent authority may, with such assistants and workmen as are necessary, at any time enter the land and take any steps which are in the competent authority’s opinion necessary to secure compliance with the notice or order (as the case may be), including removing, detaining and disposing of any property or materials on the land. [17/2005] (2) The costs or expenses incurred, directly or indirectly, by the competent authority in exercise of the powers conferred by subsection (1) are recoverable as a civil debt from any person served with the enforcement notice or order under section 12(8) (as the case may be) less such sums which are recoverable under section 32. (3) The certificate of the competent authority stating the amounts of costs and expenses recoverable under subsection (2) is conclusive evidence of such amounts. (4) The sums stated in the certificate of the competent authority under subsection (3) are to be secured as a first charge against the land and, subject and without prejudice to any other rights of the Government, prevail over all other estates and interests whenever created despite the provisions of any other written law relating to the registration of any interest or encumbrance over land.


document_id: pa-1998
provision_ref: s32
chapter: PART 4 - ENFORCEMENT
section: 32
title: Removal and sale of property and materials
content:
32. —(1) Any property or materials removed and detained by the competent authority in the exercise of the competent authority’s powers under section 31 may be sold or otherwise disposed of unless a claim is made by the person to whom the property or materials belong within 2 weeks of the removal, in which case the property or materials may, subject to subsection (2), be returned to the person to whom they belong on such terms and conditions as the competent authority may impose. (2) Any property or materials which have been removed and detained by the competent authority under section 31 must not be returned to the person to whom they belong except upon the person having paid all the expenses incurred, directly or indirectly, by the competent authority in removing and detaining the property or materials or such part of those expenses as the competent authority determines. (3) Where the competent authority sells any property or materials under subsection (1), the competent authority is entitled to deduct from the proceeds of the sale all or any of the costs and expenses incurred, directly or indirectly, by the competent authority in respect of the removal, detention and sale of the property or materials and the balance (if any) must be paid on demand to the person to whom the property or materials belong. (4) Any proceeds of sale of property or materials under this section not claimed within 2 years of the sale must be paid into the Consolidated Fund.


document_id: pa-1998
provision_ref: s33
chapter: PART 4 - ENFORCEMENT
section: 33
title: Injunctions
content:
33. —(1) Where the competent authority considers it necessary or expedient for any actual or apprehended breach of this Act to be restrained by injunction, the competent authority may apply to the General Division of the High Court for an injunction, whether or not the competent authority has exercised or is proposing to exercise any of the competent authority’s other powers under this Part. [40/2019] (2) On an application under subsection (1), the General Division of the High Court need not require from the competent authority any undertaking in damages. [40/2019] (3) On an application under subsection (1), the General Division of the High Court may grant such an injunction as the General Division of the High Court thinks appropriate for the purpose of restraining the breach. [40/2019]


document_id: pa-1998
provision_ref: s34
chapter: PART 4 - ENFORCEMENT
section: 34
title: Civil penalties
content:
34. —(1) The competent authority may require a person to pay a penalty for the grant of any written permission for — ( a ) any development of land; ( b ) any works within a conservation area; or ( c ) any subdivision of land, in respect of which there appears to the competent authority that an offence has been committed, whether or not proceedings have been instituted against any person for an offence under section 12. (2) Such a penalty must not exceed the lower of the following: ( a ) 50 times the fee prescribed for an application for planning permission, conservation permission or subdivision permission, as the case may be; ( b ) $150,000. (3) The certificate of the competent authority as to the penalty to be imposed under this section is conclusive of the amount. (4) No further proceedings are to be instituted or taken against any person for an offence under section 12 once the penalty has been paid.


document_id: pa-1998
provision_ref: s41
chapter: PART 6 - RECOVERY OF MONEYS
section: 41
title: Recovery of money
content:
41. —(1) Any sum payable to the competent authority under this Act may be recoverable by the competent authority by action as a civil debt. (2) No proceedings for the recovery of any money payable under this Act are to be quashed or set aside in any court for want of form or procedure.


document_id: pa-1998
provision_ref: s42
chapter: PART 6 - RECOVERY OF MONEYS
section: 42
title: Proceedings for recovery of money due
content:
42. —(1) Unless otherwise expressly provided in this Act, the competent authority has and may exercise the following additional powers for the purpose of recovering any money due under this Act: ( a ) the competent authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay any sum due, and may, after service of the prescribed notice, sell the same by public auction or in such manner as may be prescribed; ( b ) the competent authority may, by notice of sale to be served or published in the prescribed manner, declare the competent authority’s intention of selling, at the expiry of 3 months from the date of the notice of sale, any land belonging to the person from whom any sum is due and, if at the expiry of that period, that sum has not been paid or satisfied, the competent authority may sell, by public auction or otherwise, the whole of that land or such portion thereof or such interest therein as the competent authority considers sufficient for the recovery of that sum and costs. (2) Despite subsection (1), the competent authority must not proceed under subsection (1)( b ) and sell the land of any person from whom any sum is due, or any portion thereof or interest therein, where there is upon the land and liable to be seized and sold under subsection (1)( a ) movable property or crops belonging to that person of a value estimated by the competent authority to be sufficient to realise the sum required to satisfy the money due and costs. (3) Any tenant, subtenant or occupier (called in this subsection the relevant person) who, in order to avoid the seizure or sale of the land for non‑payment of any sum due from the owner of the land, pays that sum and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by the relevant person from the rent due or to become due by the relevant person to the relevant person’s immediate landlord on account of the land or such part thereof as is held or occupied by the relevant person, and may retain possession thereof until that amount has been fully reimbursed to the relevant person whether by deduction from the rent or otherwise. (4) Any tenant or subtenant ( A ) who has reimbursed, whether by allowing a deduction from the rent or otherwise, any subtenant or occupier ( B ) holding or occupying under A the amount so paid by B has a similar right to retain possession until similarly reimbursed. (5) The receipt of the competent authority or of any duly authorised officer for any amount so paid by any such tenant, subtenant or occupier is deemed to be an acquittance in full for the like amount of the rent. (6) If any land belonging to a person from whom any sum is due, or any movable property or crops that are mentioned in subsection (1)( a ) or the proceeds of sale of that movable property or crops, is or are already in the custody of the law under any enforcement order whereby the competent authority is unable to exercise the powers vested in the competent authority by this section, the competent authority may notify the sheriff or the bailiff of the court concerned of the amount due, and the competent authority is entitled, without obtaining judgment, to be paid that amount out of the proceeds of sale of the land, movable property or crops in priority to the judgment debtor and to the judgment creditor and to any other creditor, except the Government. [Act 25 of 2021 wef 01/04/2022] (7) A certificate from the competent authority is conclusive evidence of the amount of any sum that may be due.


document_id: pa-1998
provision_ref: s43
chapter: PART 6 - RECOVERY OF MONEYS
section: 43
title: Attachment
content:
43. —(1) The attachment mentioned in section 42(1)( a ) may be made by a person appointed for the purpose by the competent authority and that person must publicly notify the attachment in the prescribed manner and must take an inventory of the property attached. (2) For the purpose of effecting the attachment, the person appointed under subsection (1) may break into any house or building in the day time. (3) The person appointed under subsection (1) is deemed to be a public servant within the meaning of the Penal Code 1871.


document_id: pa-1998
provision_ref: s44
chapter: PART 6 - RECOVERY OF MONEYS
section: 44
title: Application of proceeds
content:
44. —(1) The proceeds of a sale under section 42(1) must be applied first in satisfaction of the sum due together with interest thereon at the rate of 9% per annum and costs. (2) In the event of there being any surplus remaining, the competent authority must — ( a ) if satisfied as to the right of any person claiming the surplus, pay the surplus to that person; or ( b ) if not so satisfied, hold the surplus in trust for the person who ultimately succeeds in due course of law in establishing the person’s title thereto. (3) If no title is established to that surplus at the end of 5 years after the date of the sale under section 42(1), the surplus must be paid into the Consolidated Fund.


document_id: pa-1998
provision_ref: s45
chapter: PART 6 - RECOVERY OF MONEYS
section: 45
title: Title conferred upon purchaser at a sale under section 42
content:
45. —(1) The purchaser at a sale under section 42(1)( b ) is deemed to have acquired the right or property offered for sale free from all encumbrances created over it and from all subordinate interests derived from it, except such as are expressly reserved by the competent authority at the time of the sale. (2) The competent authority must, by notification in the Gazette , notify the result of the sale and the conveyance or transfer to the purchaser of the right or property offered for sale.


document_id: pa-1998
provision_ref: s46
chapter: PART 6 - RECOVERY OF MONEYS
section: 46
title: Costs of proceedings for recovery of sum due
content:
46. All costs and expenses incurred in the recovery of any sum due under this Act may be recovered as if they formed part of the sum due.


document_id: pa-1998
provision_ref: s47
chapter: PART 6 - RECOVERY OF MONEYS
section: 47
title: Power to stop sale
content:
47. If any person, having any interest in any land liable to be sold at any time before the sale, tenders to the competent authority the sum due with interest and costs, the competent authority must then desist from all further proceedings in respect thereof.


document_id: pa-1998
provision_ref: s48
chapter: PART 6 - RECOVERY OF MONEYS
section: 48
title: Application to court
content:
48. —(1) If any person whose movable property, crops or land has been attached or offered for sale under section 42 or 43 disputes the attachment or sale, the person may apply to the General Division of the High Court or, when the sum due does not exceed $1,000, to a District Court for an order to stay the proceedings. [40/2019] (2) After hearing the competent authority and after making such further inquiry as is necessary, the court is to make such order as it thinks fit.


document_id: pa-1998
provision_ref: s49
chapter: PART 6 - RECOVERY OF MONEYS
section: 49
title: Security to be given
content:
49. No application is to be entertained by the court under section 48 unless the applicant has deposited in court the amount of the sum due and costs or has given security for that sum to the satisfaction of the court.


document_id: pa-1998
provision_ref: s51
chapter: PART 7 - MISCELLANEOUS
section: 51
title: Authentication of documents
content:
51. —(1) Any document which — ( a ) purports to bear the signature or facsimile signature of the competent authority or any officer or person authorised under section 5(2) or (4); or ( b ) is or purports to be authenticated in such other manner as may be prescribed, is deemed, until the contrary is proved, to have been duly prepared, issued or served by the competent authority. [17/2005] (2) In any proceedings under this Act, the contents of any such document are presumed to be correct until the contrary is proved.


document_id: pa-1998
provision_ref: s52
chapter: PART 7 - MISCELLANEOUS
section: 52
title: Service of documents
content:
52. —(1) Without affecting subsection (2), any notice or other document required or authorised to be served or given under this Act, and every summons issued by a court in connection with any offence under this Act, may be served or given — ( a ) by delivering it to the person on whom it is to be served or to whom it is to be given; ( b ) by leaving it at the usual or last known place of residence of that person or, in a case where an address for service has been given by that person, at that address; ( c ) by sending it by registered post addressed to that person at that person’s usual or last known place of residence or, in the case where an address for service has been given by that person, at that address; ( d ) in the case of an incorporated company or body, by delivering it to the registered or principal office of the company or body, or by sending it by registered post addressed to the company or body at that office; or ( e ) in the case of an unincorporated body, by delivering it to the registered address of the unincorporated body or by sending it by registered post to the unincorporated body at that address. (2) Where the notice or document is required to be served on or given to a person who is the occupier of any premises comprised in any land, the notice or document is taken to be duly served on that person if it is addressed to that person and is affixed conspicuously to some object on the land. (3) Any notice, document or summons sent by registered post to a person, company or body in accordance with subsection (1) is deemed to be duly served on or given to that person, company or body at the time when it would, in the ordinary course of post, be delivered and in proving service of the same it is sufficient to prove that the envelope containing the notice, document or summons was properly addressed to that person, company or body, stamped and posted by registered post.


document_id: pa-1998
provision_ref: s52A
chapter: PART 7 - MISCELLANEOUS
section: 52A
title: Use of electronic service for making applications, etc.
content:
52A. —(1) The competent authority may permit an application, lodgment or submission to or with the competent authority under this Act to be made through the electronic service described in section 42AA of the Building Control Act 1989. (2) Where a person uses the electronic service mentioned in subsection (1) to make an application, lodgment or submission to or with the competent authority, the competent authority may serve on the person any acknowledgment, approval, certificate, direction, notice, permit or other document in connection with the application, lodgment or submission, by sending it to the person’s account with the electronic service. (3) Service of a document on a person under subsection (2) takes effect at the time when an electronic record of the document reaches the person’s account with the electronic service. (4) This section applies despite anything to the contrary in this Act. (5) In this section, “electronic record” has the meaning given by section 2(1) of the Electronic Transactions Act 2010. [Act 23 of 2023 wef 18/12/2023]


document_id: pa-1998
provision_ref: s53
chapter: PART 7 - MISCELLANEOUS
section: 53
title: Exemption
content:
53. The Minister may, from time to time, by notification in the Gazette , exempt any land or lands either generally or for a specified period from the operation of all or any of the provisions of this Act.


document_id: pa-1998
provision_ref: s54
chapter: PART 7 - MISCELLANEOUS
section: 54
title: Exclusion of liability
content:
54. Where the competent authority provides information of any provision or content of the Master Plan or any entry in the records kept by the competent authority under section 23 to any person in any manner or form whatsoever, the competent authority and any officer authorised under section 5(2) shall not be liable for any loss or damage suffered by that person or any other person by reasons of errors or omissions of whatever nature or however caused if such information was provided in good faith and in the ordinary course of the discharge of the duties of the competent authority or the officer concerned as a delegate of the competent authority.


document_id: pa-1998
provision_ref: s55
chapter: PART 7 - MISCELLANEOUS
section: 55
title: Protection from liability
content:
55. No matter or thing done or omitted to be done by the competent authority or by any officer or person authorised under section 5(2) or (4) subjects the competent authority or the officer or person personally to any action, liability, claim or demand whatsoever if it were done or omitted to be done bona fide for the purpose of carrying out the provisions of this Act. [17/2005]


document_id: pa-1998
provision_ref: s56
chapter: PART 7 - MISCELLANEOUS
section: 56
title: Power of Magistrate’s Court and District Court
content:
56. Despite the provisions of the Criminal Procedure Code 2010, a Magistrate’s Court or a District Court has powers to impose the maximum penalties provided for an offence under this Act.


document_id: pa-1998
provision_ref: s57
chapter: PART 7 - MISCELLANEOUS
section: 57
title: Composition of offences
content:
57. —(1) The competent authority may compound any offence under this Act that is prescribed 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; ( b ) $5,000. [7/2017] (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. [7/2017] (3) All sums collected under this section are to be paid into the Consolidated Fund. [7/2017]


document_id: pa-1998
provision_ref: s58
chapter: PART 7 - MISCELLANEOUS
section: 58
title: Offences by officers, etc., of bodies corporate
content:
58. Where an offence under this Act has been committed by a body corporate, a partnership or unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity, shall also be guilty of that offence unless the person proves that — ( a ) the offence was committed without the person’s consent or connivance; and ( b ) the person exercised all such diligence to prevent the commission of the offence as the person ought to have exercised having regard to the nature of the person’s functions in that capacity and to all the circumstances.


document_id: pa-1998
provision_ref: s59
chapter: PART 7 - MISCELLANEOUS
section: 59
title: Correction of errors in register
content:
59. —(1) The competent authority may at any time — ( a ) correct any erroneous entry in any record, register, plan or document required to be kept or maintained under this Act; or ( b ) add to the record, register, plan or document any matter which has been erroneously omitted. (2) Any correction must be made in such manner as to leave the erroneous matter cancelled and the correct entry clearly legible. (3) The competent authority must indicate the date on which any correction or addition is made to the record, register, plan or document.


document_id: pa-1998
provision_ref: s60
chapter: PART 7 - MISCELLANEOUS
section: 60
title: Charges, fees and penalties to be paid into Consolidated Fund
content:
60. —(1) There must be paid into the Consolidated Fund — ( a ) [ Deleted by Act 11 of 2021 wef 01/08/2022 ] ( b ) subject to any agreement made between the Minister and any statutory authority mentioned in section 5(3) and to any direction of the Minister, all fines, fees, charges and other moneys collected under this Act. (2) No agreement or direction under subsection (1) applies to any fees, charges or other moneys which are expressly required by any provision of this Act to be paid into the Consolidated Fund.


document_id: pa-1998
provision_ref: s60A
chapter: PART 7 - MISCELLANEOUS
section: 60A
title: Amendment of Schedules
content:
60A. —(1) The Minister may at any time, by order in the Gazette , amend the Schedules. [30/2003] (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient. [30/2003] (3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [30/2003]


document_id: pa-1998
provision_ref: s61
chapter: PART 7 - MISCELLANEOUS
section: 61
title: Rules
content:
61. —(1) The Minister may make rules generally to give effect to the provisions of this Act and for prescribing anything that is to be prescribed. (2) Without limiting subsection (1), the Minister may by such rules provide for — ( a ) the development of land; ( b ) the control of density of buildings on land; ( c ) the regulation of the height, design, appearance and siting of buildings; ( d ) the control of means of access to land or buildings; ( e ) the protection of ancient monuments and land and buildings of historic or architectural interest; ( f ) the conservation of buildings, premises or land; ( g ) the form and manner in which applications for planning permission, conservation permission or subdivision permission must be made; ( h ) the manner in which the competent authority must deal with applications for planning permission, conservation permission and subdivision permission; ( i ) the types of applications for planning permission or conservation permission that are not subject to the requirement under section 13(2) to appoint a qualified person or for which a different type of qualified person may be appointed; ( j ) the types of development or works within a conservation area that are not subject to the requirement under section 19A(1) to appoint a qualified person or for which a different type of qualified person may be appointed; ( k ) the fees or charges to be paid for any matter or thing done by the competent authority or the Minister under this Act; ( l ) the payment of a deposit by any person applying for planning permission, conservation permission or subdivision permission and the circumstances under which such deposit may be forfeited by the competent authority; ( m ) the manner in which appeals may be made and determined under this Act and the information to be supplied by the competent authority in connection therewith; ( n ) the requirements to be complied with for an application for planning permission, conservation permission or subdivision permission; ( o ) the types of applications for planning permission, conservation permission or subdivision permission which must be accompanied by such declarations of an appropriate qualified person on such matters as the competent authority may specify in relation to the application; ( p ) the circumstances under which the competent authority may not accept a qualified person’s declaration required under this Act; ( q ) the circumstances under which an individual is deemed not to be a qualified person for the purposes of section 13 or 19A; ( r ) the duties, responsibilities and liabilities of a qualified person in relation to the declaration mentioned in paragraph ( o ); ( s ) the circumstances under which a qualified person’s declaration may not be lodged with or submitted to the competent authority as being in satisfaction of any requirement or condition specified in any notification made under section 21(6); and ( t ) the duties, responsibilities and liabilities of a qualified person in relation to the declaration made by the qualified person and lodged with or submitted to the competent authority in satisfaction of any requirement or condition specified in any notification made under section 21(6). [30/2003; 7/2017] (3) Rules relating to the making of applications and appeals, to the notification of decisions thereon and to the granting of written permissions may allow or require the application, appeal, notification or other information to be made and transmitted by such electronic means and in such manner as may be prescribed, and may provide for the manner in which they are to be authenticated or certified. (4) The Minister may, in making any rules under this Act, provide that any contravention of any rule shall be an offence and may prescribe punishment by a fine not exceeding $20,000 or imprisonment for a term not exceeding 6 months or both. [30/2003] (5) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette . [30/2003]


document_id: pa-1998
provision_ref: s62
chapter: PART 8 - TRANSITIONAL AND SAVING PROVISIONS
section: 62
title: Transitional and saving provisions
content:
62. —(1) Any permission, approval, decision, notice, warrant, order or other document prepared, made, granted, issued, and any act or thing done or given, under or pursuant to the repealed Act and valid immediately prior to 1 April 1998 is deemed to have been prepared, made, granted, issued, done or given under or pursuant to the corresponding provision of this Act and continues to have effect accordingly. (2) Any map, plan, record or register prepared, made or kept under or pursuant to the repealed Act is deemed to have been prepared, made or kept under or pursuant to the corresponding provision of this Act and continues to have effect accordingly. (3) All conservation guidelines made or deemed to have been made by the conservation authority under the repealed Act are deemed to have been made by the competent authority under section 11. (4) [ Deleted by Act 11 of 2021 wef 01/08/2022 ] (5) Subject to the Constitution, any breach, contravention or non‑compliance of the repealed Act is deemed to be a breach, contravention or non‑compliance of the corresponding provision of this Act and the powers conferred on the competent authority by this Act may be exercised in respect of such breach, contravention or non‑compliance. (6) Any enforcement process or proceedings commenced or pending immediately prior to 1 April 1998 in connection with any breach, contravention or non‑compliance of or under the repealed Act may be continued and disposed of under the repealed Act as if this Act has not been passed. (7) Any application for permission made to the competent authority under section 10 or 13 of the repealed Act and any appeal made to the Minister under section 16 or 17 of the repealed Act which is pending immediately before 1 April 1998 is deemed to have been made and must be dealt with under the corresponding provisions of this Act. (8) Any reference in any written law to the repealed Act or any provision thereof is, as from 1 April 1998, a reference to this Act or the corresponding provision of this Act. (9) Any reference in any written law or document to the planning functions of the Singapore Improvement Trust is to be construed as a reference to the planning functions of the competent authority.


document_id: pa-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “applicant”, in relation to an application for a Singapore passport or a Singapore travel document, means the person who will be the holder of the Singapore passport or Singapore travel document if the application is granted; “approved form” means any form approved by the Controller for the purposes of any of the provisions of this Act; “authorised officer”, in relation to any provision in this Act or the regulations, means — ( a ) the Controller; ( b ) any immigration officer authorised by the Minister for the purposes of that provision; ( c ) any diplomatic or consular officer of the Government in any foreign country, or any Trade Commissioner of Singapore in any foreign country, authorised by the Minister for the purposes of that provision; or ( d ) any other public officer authorised by the Minister for the purposes of that provision; “biometric passport” means a passport which contains unique biological data specific to the holder; “child” means a person who is below 16 years of age; “conduct” means an act, an omission to perform an act or a state of affairs; “Controller” means the Controller of Immigration appointed under section 3 of the Immigration Act 1959; “customs officer” has the same meaning as “officer of customs” in the Customs Act 1960; “document” includes — ( a ) any paper or other material where there is writing; ( b ) any paper or other material on which there are marks, figures, symbols or perforations that are — (i) capable of being given a meaning by persons qualified to interpret them; or (ii) capable of being responded to by a computer, a machine or an electronic device; or ( c ) any article or material from which information is capable of being reproduced with or without the aid of any other article or device; “engage in conduct” means to do an act or omit to perform an act; “fingerprint”, in relation to an individual, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of any of the individual’s thumbs or fingers; “foreign travel document” means — ( a ) a passport; or ( b ) a document issued for travel purposes (whether or not also issued for another purpose), that is issued by or on behalf of the government of a foreign country or an international organisation approved by the Minister; “holder”, in relation to a Singapore passport or a Singapore travel document, means the person in whose name the Singapore passport or Singapore travel document has been issued; “immigration officer” means an immigration officer appointed under section 3 of the Immigration Act 1959; “public authority” means any board or authority established by or under any written law to perform or discharge any public function; “regulations” means the regulations made under this Act; “repealed Act” means the Passports Act (Cap. 220, 1985 Revised Edition) repealed by this Act; “Singapore document of identity” means a document issued under section 16 to any person who is a citizen of Singapore for the purposes of urgently facilitating the person’s entry into or exit from any country, and purporting to establish the identity and nationality of that person; “Singapore passport” means — ( a ) a Singapore ordinary passport; ( b ) a Singapore diplomatic passport; or ( c ) a Singapore official passport, issued by or on behalf of the Government under this Act; “Singapore temporary travel document” means a Singapore temporary travel document issued under section 13 to any person who is a citizen of Singapore for the purposes of facilitating the person’s entry into or exit from any country, and purporting to establish the identity and nationality of that person; “Singapore travel document” means — ( a ) a Singapore temporary travel document; ( b ) a Singapore document of identity or other emergency travel document issued under section 16; or ( c ) a Singapore travel document of the kind prescribed under section 18. (2) A reference in this Act to a false Singapore passport or a false Singapore travel document is a reference to — ( a ) a document — (i) that is not a Singapore passport but purports to be a Singapore passport; or (ii) that is not a Singapore travel document but purports to be a Singapore travel document; or ( b ) a document that is a Singapore passport or a Singapore travel document — (i) that has been altered by a person who is not authorised to alter that document; or (ii) that purports to have been altered on a date on which, or at a place at which, or otherwise in circumstances in which, it was not in fact made or altered. (3) A reference in this Act to a false foreign travel document is a reference to — ( a ) a document that purports to be a passport, or a document for travel purposes, issued by or on behalf of — (i) the government of a foreign country; or (ii) an international organisation approved by the Minister for the purposes of the definition of “foreign travel document” under subsection (1), but that was not issued by or on behalf of that government or international organisation; or ( b ) a document that is a foreign travel document that has been altered by a person who is not authorised to alter that document. (4) For the purposes of this Act, a person has parental responsibility for a child if, and only if — ( a ) the person is the child’s parent; ( b ) under any order of court, the child is to live with the person; or ( c ) the person is entitled to guardianship or custody of the child under any written law.


document_id: pa-2007
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “personal identifier”
content:
3. —(1) In this Act, “personal identifier” means any of the identifiers specified in the Schedule (including any in digital form). (2) The Minister may, by order in the Gazette , amend the Schedule, except that any other personal identifier so prescribed in the order must — ( a ) be an image of, or a measurement or recording of, an external part of the human body or a person’s voice; and ( b ) not be an identifier the obtaining of which would involve the taking of an invasive sample within the meaning given by section 8 of the Registration of Criminals Act 1949. [Act 26 of 2022 wef 12/06/2023]


document_id: pa-2007
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Extraterritorial operation of Act
content:
4. Except as otherwise expressly provided in this Act, this Act extends — ( a ) to acts, omissions, matters and things outside Singapore; and ( b ) to all persons, regardless of their nationality or citizenship.


document_id: pa-2007
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Controller and authorised officers
content:
5. —(1) The Controller is, subject to any general or special directions of the Minister, responsible for the administration of this Act and may perform the duties imposed and may exercise the powers conferred upon the Controller by this Act. (2) The Minister may from time to time give the Controller — ( a ) directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Controller by this Act; and ( b ) the duties required to be discharged by the Controller under this Act, and the Controller must give effect to all such directions given. (3) The Controller may delegate the exercise of all or any of the powers conferred or duties imposed upon the Controller by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to the conditions or limitations set out in this Act or that the Controller may specify by directions; and any reference in this Act to the Controller includes a reference to that authorised officer. (4) In exercising any powers or functions under a delegation under subsection (3), an authorised officer must comply with the directions of the Controller.


document_id: pa-2007
provision_ref: s6
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 6
title: Application for Singapore passport
content:
6. An application for a Singapore passport must — ( a ) be made to the Controller in the approved form; ( b ) be accompanied by the applicant’s prescribed particulars (which may include personal identifiers), and such other particulars, information and documents as may be specified by the Controller in any particular case; and ( c ) be accompanied by the fee prescribed (if any).


document_id: pa-2007
provision_ref: s7
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 7
title: Issue of Singapore passport
content:
7. —(1) Before issuing a Singapore passport to an applicant, the Controller must be satisfied — ( a ) that the applicant is a citizen of Singapore in the case of a Singapore ordinary passport; ( b ) that the applicant is a citizen of Singapore who is travelling for diplomatic or official purposes, or is a dependent of a person who is travelling for diplomatic or official purposes, in the case of a Singapore diplomatic passport or a Singapore official passport; and ( c ) of the identity of the applicant in all cases. (2) Every Singapore passport is issued by the Controller for and on behalf of the Government. (3) A Singapore passport may be issued under this section subject to — ( a ) such conditions as may be prescribed for that class of Singapore passport; and ( b ) any other conditions that the Controller may specify in any particular case. (4) The Controller may, before issuing a Singapore passport, require the applicant to furnish to the Controller a monetary deposit or any other security (by bond or otherwise) that the Controller may think sufficient to secure the performance or due observance by the applicant of any conditions imposed under subsection (3).


document_id: pa-2007
provision_ref: s8
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 8
title: Validity of Singapore passport
content:
8. —(1) Subject to subsection (2) or unless earlier cancelled, every Singapore ordinary passport is valid for a period not exceeding 6 years for Singapore ordinary passports issued on or after 1 April 2005. (2) Unless earlier cancelled, every Singapore diplomatic passport or Singapore official passport is valid for the period specified in the passport. (3) Despite subsection (1), the Minister may, in any particular case, if satisfied that good reasons exist and that it would be in the interests of the proper administration of this Act to do so, direct that any Singapore ordinary passport be issued for a period shorter than that stated in that subsection. (4) The Minister may, by notification in the Gazette , increase the validity period specified in subsection (1) for all Singapore ordinary passports issued on or after such date as is specified in the notification. [S 759/2022]


document_id: pa-2007
provision_ref: s10
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 10
title: Endorsement of Singapore passport
content:
10. —(1) The Controller may at any time endorse on any Singapore passport — ( a ) such alterations or additions as may be necessary to render accurate the particulars recorded in the Singapore passport regarding the identity or status of the holder of that Singapore passport; and ( b ) such conditions as may be prescribed for that class of Singapore passport or such other conditions as the Controller may specify in that particular case. (2) The Controller may at any time delete any endorsement made under subsection (1). Division 2 &#x2014; Singapore temporary travel document


document_id: pa-2007
provision_ref: s11
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 11
title: Purpose of Singapore temporary travel document
content:
11. Subject to section 13 and Part 3, the Controller may issue a Singapore temporary travel document for and on behalf of the Government to a citizen of Singapore where — ( a ) for reasons of passport security and integrity, the Controller considers that it is not desirable to issue that citizen with a Singapore passport; or ( b ) the Controller is satisfied that there are other exceptional circumstances where that citizen is already the holder of a Singapore passport.


document_id: pa-2007
provision_ref: s12
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 12
title: Application for Singapore temporary travel document
content:
12. An application for a Singapore temporary travel document must — ( a ) be made to the Controller in the approved form; ( b ) be accompanied by the applicant’s prescribed particulars (which may include personal identifiers), and such other particulars, information and documents as may be specified by the Controller in any particular case; and ( c ) be accompanied by the fee prescribed, if any.


document_id: pa-2007
provision_ref: s13
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 13
title: Issue of Singapore temporary travel document
content:
13. —(1) Before issuing a Singapore temporary travel document to any person, the Controller must be satisfied — ( a ) that the applicant is a citizen of Singapore; and ( b ) of the identity of the person. (2) Every Singapore temporary travel document is issued by the Controller for and on behalf of the Government. (3) A Singapore temporary travel document may be issued under this section subject to — ( a ) such conditions as may be prescribed for temporary travel documents; and ( b ) such other conditions as the Controller may specify in any particular case. (4) The Controller may, before issuing a Singapore temporary travel document, require the applicant to furnish to the Controller a monetary deposit or any other security (by bond or otherwise) that the Controller may think sufficient to secure the performance or due observance by the applicant of any conditions imposed under subsection (3).


document_id: pa-2007
provision_ref: s14
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 14
title: Validity of Singapore temporary travel document
content:
14. —(1) A Singapore temporary travel document is valid for one year. (2) Despite subsection (1), the Minister may, in any particular case, if satisfied that good reasons exist and that it would be in the interests of the proper administration of this Act to do so, direct that any Singapore temporary travel document be issued for a period shorter than that stated in that subsection. (3) The Minister may, by notification in the Gazette , increase the validity period stated in subsection (1) for all Singapore temporary travel documents issued on or after such date as is specified in the notification.


document_id: pa-2007
provision_ref: s15
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 15
title: No extension of Singapore temporary travel document
content:
15. Singapore temporary travel documents must not be extended. Division 3 &#x2014; Emergency and other travel documents


document_id: pa-2007
provision_ref: s16
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 16
title: Issue of Singapore document of identity, etc.
content:
16. —(1) Except as otherwise provided in Part 3, the Controller may issue a Singapore document of identity or other emergency travel document to any person where — ( a ) the Controller has reasonable cause to believe that the person is a citizen of Singapore; ( b ) the Controller has reasonable cause to believe that — (i) the person’s Singapore passport has been lost or stolen or destroyed or is temporarily unavailable; or (ii) an emergency has affected the availability of the information necessary to ascertain whether or not that person is already the holder of a Singapore passport; and ( c ) the person wishes to travel immediately, but, for reasons of passport security and integrity, the Controller considers that it is not desirable to issue that person with a Singapore passport. (2) An application for any Singapore document of identity or other emergency travel document must — ( a ) be made to the Controller in the approved form; ( b ) be accompanied by the applicant’s prescribed particulars (which may include personal identifiers), and such other particulars, information and documents as may be specified by the Controller in any particular case; and ( c ) be accompanied by the fee prescribed, if any.


document_id: pa-2007
provision_ref: s17
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 17
title: Validity of Singapore document of identity, etc.
content:
17. A Singapore document of identity or other emergency travel document in section 16 is valid for such a time as, in the opinion of the Controller, will be sufficient to enable the person — ( a ) to leave and return to Singapore; ( b ) to return to Singapore; or ( c ) to complete his or her specified journey, as the case may require.


document_id: pa-2007
provision_ref: s18
chapter: PART 2 - ISSUE OF SINGAPORE PASSPORTS
section: 18
title: Issue of other Singapore travel documents
content:
18. —(1) Subject to subsection (2) and Part 3, the Controller may, on application to the Controller in circumstances prescribed, issue the applicant with a Singapore travel document of a kind prescribed, being a document issued for the purposes of travel. (2) Before issuing a Singapore travel document under subsection (1) to any person, the Controller must be satisfied of the identity of the person. (3) A Singapore travel document may be issued under this section subject to — ( a ) such conditions as may be prescribed for Singapore travel documents of that kind; and ( b ) such other conditions as the Controller may specify in any particular case. (4) The Controller may, before issuing a Singapore travel document, require the applicant to furnish to the Controller a monetary deposit or any other security (by bond or otherwise) that the Controller may think sufficient to secure the performance or due observance by the applicant of any conditions imposed under subsection (3). (5) An application for any Singapore travel document in subsection (1) must — ( a ) be made to the Controller in the approved form; ( b ) be accompanied by the applicant’s prescribed particulars (which may include personal identifiers), and such other particulars, information and documents as may be specified by the Controller in any particular case; and ( c ) be accompanied by the fee prescribed, if any.


document_id: pa-2007
provision_ref: s19
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 19
title: When Singapore passport may be refused
content:
19. —(1) The Controller may, by written notice, refuse a Singapore passport to any citizen of Singapore. (2) Without affecting subsection (1), the Controller may, by written notice, refuse a Singapore passport to any citizen of Singapore if — ( a ) the citizen of Singapore is the holder of another Singapore passport or a Singapore travel document that is still valid at the time when the Singapore passport applied for is to be issued; ( b ) a competent authority makes a request under section 24(1) to the Controller to refuse the Singapore passport, and section 24(4) does not apply; ( c ) the Controller believes on reasonable grounds that the citizen — (i) is a person mentioned in section 23(1) or 24(5); or (ii) has, in the 10 years before the application for the Singapore passport is made, been convicted of an offence under this Act or the repealed Act, or of an arrestable offence against any written law that is prescribed; or ( d ) the Controller is aware of a circumstance in section 25, 26 or 27 whereby it would be lawful for the Controller to refuse to issue the Singapore passport to the citizen.


document_id: pa-2007
provision_ref: s20
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 20
title: When Singapore travel document may be refused
content:
20. —(1) The Controller may refuse a Singapore travel document to any person. (2) Without affecting subsection (1), the Controller may, by written notice, refuse a Singapore travel document to any person if — ( a ) the person is the holder of another Singapore travel document of the same kind and that Singapore travel document is still valid at the time when the Singapore travel document applied for is to be issued; ( b ) a competent authority makes a request under section 24(1) to the Controller to refuse the Singapore travel document, and section 24(4) does not apply; ( c ) the Controller believes on reasonable grounds that the person — (i) is a person mentioned in section 23(1) or 24(5); or (ii) has, in the 3 years before the application for the Singapore travel document is made, been convicted of an offence under this Act or the repealed Act, or of an arrestable offence against any written law that is prescribed; or ( d ) the Controller is aware of a circumstance in section 27 whereby it would be lawful for the Controller to refuse to issue the Singapore travel document to the person.


document_id: pa-2007
provision_ref: s21
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 21
title: When Singapore passport, etc., may be cancelled
content:
21. —(1) The Controller may, by written notice, cancel a Singapore passport or a Singapore travel document that has been issued to any person. (2) Without affecting subsection (1), the Controller may, by written notice, cancel a Singapore passport or a Singapore travel document that has been issued to any person if — ( a ) the Singapore passport or Singapore travel document — (i) has been reported lost or stolen; or (ii) is so damaged or defaced as to render it, in the opinion of the Controller, unsuitable for use; ( b ) the Singapore passport or Singapore travel document is still valid at the time when the person applies for, or is issued with, another Singapore passport or Singapore travel document; ( c ) there is reasonable cause to believe that the particulars recorded in the Singapore passport or Singapore travel document are incorrect; ( d ) the holder of the Singapore passport or Singapore travel document is convicted of — (i) in the case of the holder of a Singapore passport — an arrestable offence against any written law which is prescribed for the purposes of section 19(2)( c ); (ii) in the case of the holder of a Singapore travel document — an arrestable offence against any written law which is prescribed for the purposes of section 20(2)( c ); or (iii) in any case — an offence under this Act or the repealed Act; ( e ) a competent authority makes a request under section 24(1) to the Controller to cancel the Singapore passport or Singapore travel document, and section 24(4) does not apply; ( f ) the Controller believes on reasonable grounds that the holder is a person mentioned in section 23(1) or 24(5); ( g ) the Controller becomes aware of a circumstance that would have required or permitted the Controller to refuse to issue a Singapore passport or a Singapore travel document to the person because of section 7(1) or 13(1) or of any provision in this Part, had the Controller been aware of the circumstance immediately before issuing the Singapore passport or Singapore travel document, as the case may be; or ( h ) in the case of a Singapore passport or a Singapore temporary travel document — the holder has ceased to be a citizen of Singapore. (3) The Controller may, without notice, cancel a Singapore passport or a Singapore travel document that has been issued to any person if the person dies, or the Singapore passport or Singapore travel document has expired. (4) Every Singapore passport or Singapore travel document that is cancelled under subsection (1), (2) or (3) is accordingly invalid.


document_id: pa-2007
provision_ref: s22
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 22
title: Cancellation of Singapore document of identity, etc.
content:
22. —(1) Without affecting section 21, the Controller may, by written notice, recall any Singapore document of identity and cancel it or retain possession of it where — ( a ) a Singapore passport is issued to the holder of the Singapore document of identity; ( b ) another Singapore document of identity is issued under section 16 to the holder thereof in substitution for the first one; ( c ) there is reasonable cause to believe that the particulars recorded in the Singapore document of identity are incorrect; ( d ) there is reasonable cause to believe that the Singapore document of identity has been obtained by means of any false statement or any statement that is false in a material particular; ( e ) the Singapore document of identity has expired; ( f ) the Singapore document of identity is so damaged or defaced as to render it, in the opinion of the Controller, unsuitable for use; or ( g ) the Singapore document of identity has been reported lost or stolen. (2) Every Singapore document of identity that is cancelled under subsection (1) is accordingly invalid. (3) A reference to a Singapore document of identity in this section includes a reference to any other emergency travel document issued under section 16. Division 2 &#x2014; Law enforcement reasons for refusing or cancelling


document_id: pa-2007
provision_ref: s23
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 23
title: Reasons relating to law enforcement
content:
23. —(1) The Controller may cancel any Singapore passport or Singapore travel document that has been issued to a person, or refuse to issue any Singapore passport or Singapore travel document to a person, if the Controller believes on reasonable grounds that — ( a ) the person is the subject of a warrant of arrest issued in Singapore in respect of an arrestable offence against any written law which is prescribed; or ( b ) the person (including a person who is in prison) is prevented from travelling internationally by force of — (i) a condition of parole, or of an undertaking or a surety, bail bond or licence for early release from prison, granted under any written law; or (ii) any written law, or an order or other direction (however described) under any written law. (2) In this section, “prevented from travelling internationally” includes being — ( a ) required to remain in Singapore; ( b ) required to surrender a Singapore passport or a Singapore travel document; ( c ) not permitted to apply for a Singapore passport or a Singapore travel document; or ( d ) not permitted to obtain a Singapore passport or a Singapore travel document.


document_id: pa-2007
provision_ref: s24
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 24
title: Reasons relating to potential for harmful conduct
content:
24. —(1) If a competent authority believes on reasonable grounds that — ( a ) if a Singapore passport or a Singapore travel document were issued to a person, the person would be likely to engage in conduct that — (i) might prejudice the security of Singapore or any other country; (ii) might endanger the health or physical safety of other persons (whether in Singapore or another country); (iii) might constitute an offence under this Act; or (iv) might constitute an arrestable offence against any written law which is prescribed; and ( b ) the person should be refused a Singapore passport or a Singapore travel document in order to prevent the person from engaging in the conduct, the competent authority may make a written request to the Controller — ( c ) to cancel any Singapore passport or Singapore travel document that has been issued to the person; or ( d ) to refuse to issue any Singapore passport or Singapore travel document to the person. (2) A competent authority may make a written request to the Controller under subsection (1) — ( a ) whether or not the person has applied for a Singapore passport or a Singapore travel document; ( b ) whether or not a Singapore passport or a Singapore travel document has been issued to the person; and ( c ) whether or not that person is a citizen of Singapore. (3) If a competent authority makes a written request to the Controller under subsection (1) in relation to any person, the Controller may, as the case may be — ( a ) cancel the Singapore passport or Singapore travel document of the person; or ( b ) refuse to issue a Singapore passport or a Singapore travel document to the person. (4) Despite subsection (3), where a competent authority makes a written request to the Controller under subsection (1) in relation to any person, the Controller must not — ( a ) cancel the Singapore passport or Singapore travel document of the person; or ( b ) refuse to issue a Singapore passport or a Singapore travel document to the person, if that request relating to the person has been withdrawn by the competent authority or is no longer considered by the Controller to be current. (5) Without affecting subsection (1), the Controller may cancel any Singapore passport or Singapore travel document issued to a person, or refuse to issue any Singapore passport or Singapore travel document to a person, if the Controller believes on reasonable grounds that — ( a ) if a Singapore passport or a Singapore travel document were issued to the person, the person would be likely to engage in conduct that — (i) might prejudice the security of Singapore or any other country; (ii) might endanger the health or physical safety of other persons (whether in Singapore or another country); (iii) might constitute an offence under this Act; or (iv) might constitute an arrestable offence mentioned in subsection (1)( a )(iv); and ( b ) the person should be refused a Singapore passport or a Singapore travel document in order to prevent the person from engaging in the conduct. (6) In this section, “competent authority”, in relation to a circumstance mentioned in subsection (1) or (5) that relates to Singapore, means any public authority or public officer prescribed by the regulations to be a competent authority in relation to that circumstance. Division 3 &#x2014; Other reasons for refusing or cancelling


document_id: pa-2007
provision_ref: s25
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 25
title: Repeated loss or thefts of Singapore passports
content:
25. The Controller may refuse to issue a Singapore passport to a person if — ( a ) before the passport application under consideration is made, 2 or more Singapore passports issued to the person have been lost or stolen; and ( b ) for reasons of passport security and integrity, the Controller considers that it is not desirable to issue that person with another Singapore passport.


document_id: pa-2007
provision_ref: s26
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 26
title: Concurrently valid Singapore passports, etc.
content:
26. —(1) The Controller must not issue a Singapore passport to a person if the person has already been issued with a Singapore passport or a Singapore travel document and that document is still valid. (2) Subsection (1) does not prevent the Controller from issuing a Singapore passport to the person in any circumstances specified in the Minister’s directions under section 5(2).


document_id: pa-2007
provision_ref: s27
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 27
title: Children
content:
27. —(1) The Controller must not issue a Singapore passport or a Singapore travel document to a child unless — ( a ) the following person (whichever is applicable) consents to the child travelling internationally: (i) a person who has parental responsibility for the child; (ii) where the child is the subject of — (A) a voluntary care agreement under which the Director‑General of Social Welfare, a protector or the care‑giver of the child may consent to the child travelling internationally; (B) an order under section 54(1)( b ) of the Children and Young Persons Act 1993 under which the Director‑General of Social Welfare, a protector or the care‑giver of the child may consent to the child travelling internationally; or (C) an order under section 56(2) or section 57 (read with section 56) of the Children and Young Persons Act 1993 under which the Director‑General of Social Welfare, a protector or the care‑giver of the child may consent to the child travelling internationally, the Director‑General of Social Welfare, protector or care‑giver, as the case may be; or ( b ) an order of a court permits the child to travel internationally. [30/2019] (2) In this section, “care-giver”, “protector” and “voluntary care agreement” have the meanings given by section 2(1) of the Children and Young Persons Act 1993. [30/2019] Division 4 &#x2014; Appeals against refusals and cancellations


document_id: pa-2007
provision_ref: s28
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 28
title: Appeal to Minister
content:
28. —(1) If a person is aggrieved by the Controller’s decision under this Act — ( a ) to refuse to issue a Singapore passport or a Singapore travel document; ( b ) to refuse to extend a Singapore passport or a Singapore travel document; or ( c ) to cancel a Singapore passport or a Singapore travel document, other than a decision made because of a warrant of arrest issued in Singapore against the person, the person may, within 14 days after being notified of the decision (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister, whose decision is final. (2) An appeal must be in writing, and specify the grounds on which it is made. (3) After receiving an appeal under subsection (1), the Minister must consider the appeal and — ( a ) reject the appeal and confirm the Controller’s decision; ( b ) allow the appeal in whole or in part and vary the Controller’s decision; or ( c ) set aside the Controller’s decision, and the appellant must be notified in writing of the Minister’s decision in respect of his or her appeal accordingly.


document_id: pa-2007
provision_ref: s28A
chapter: PART 3 - REFUSING OR CANCELLING SINGAPORE PASSPORTS
section: 28A
title: Minister may designate others to hear appeals
content:
28A. —(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal or a specific appeal under section 28: ( a ) the Second Minister (if any) for his or her Ministry; ( b ) any Minister of State for his or her Ministry; ( c ) any Parliamentary Secretary to his or her Ministry. [16/2016] (2) Any reference to the Minister in section 28 includes a reference to a person designated under subsection (1). [16/2016] (3) To avoid doubt, in this section — “Minister of State” includes a Senior Minister of State; “Parliamentary Secretary” includes a Senior Parliamentary Secretary. [16/2016]


document_id: pa-2007
provision_ref: s29
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 29
title: Demand for surrender of suspicious Singapore passports, etc.
content:
29. —(1) An authorised officer or a police officer may demand that a person surrender a document to the officer if — ( a ) the document is a Singapore passport or a Singapore travel document that has been obtained, or that the authorised officer or police officer suspects on reasonable grounds has been obtained, by means of a false or misleading statement, any false or misleading information or a false or misleading document; ( b ) the document is a Singapore passport or a Singapore travel document, or other document that has been used or that the authorised officer or police officer suspects on reasonable grounds has been used, in the commission of any offence under this Act; or ( c ) the document is — (i) a false Singapore passport or a false Singapore travel document; or (ii) a false foreign travel document. (2) Any person having possession or control of any document that an authorised officer or a police officer demands to be surrendered to the officer under subsection (1), and who fails to immediately comply with the demand, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pa-2007
provision_ref: s30
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 30
title: Demand for surrender of cancelled Singapore passports, etc.
content:
30. —(1) An authorised officer may demand that a person surrender a Singapore passport or a Singapore travel document to the authorised officer if — ( a ) the document has been cancelled under section 21 or 22; or ( b ) the document has otherwise ceased to be valid. (2) Any person having possession or control of any document that an authorised officer demands to be surrendered to the officer under subsection (1), and who fails to immediately comply with the demand, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: pa-2007
provision_ref: s31
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 31
title: Search and seizure of cancelled Singapore passports, etc.
content:
31. —(1) Any authorised officer, police officer or customs officer may seize a document if — ( a ) the document is not in the possession or control of any person; and ( b ) the officer suspects on reasonable grounds that the document is a false Singapore passport, a false Singapore travel document or a false foreign travel document, or a document that has been used in the commission of an offence under this Act. (2) If — ( a ) any authorised officer, police officer or customs officer suspects on reasonable grounds that a false Singapore passport, a false Singapore travel document or a false foreign travel document, or a document that has been used in the commission of an offence under this Act, is in a container (whether on board any train, vehicle, vessel or aircraft, or in any premises); and ( b ) the container is not in the possession or control of any person, the officer may search the container for the purposes of determining whether the document is inside the container. (3) If any authorised officer, police officer or customs officer suspects on reasonable grounds that a false Singapore passport, a false Singapore travel document or a false foreign travel document, or a document that has been used in the commission of an offence under this Act, is in any premises, or in any train, vehicle, vessel or aircraft, the officer may, for the purposes of determining whether the document is inside the premises, train, vehicle, vessel or aircraft — ( a ) without warrant, enter and search the premises, or stop, board and search the train, vehicle, vessel or aircraft in or on which he or she reasonably suspects that such a document is to be found; ( b ) search any person found in such premises, train, vehicle, vessel or aircraft; ( c ) remove by force any obstruction to such entry or search; and ( d ) seize, remove and detain any document mentioned in this subsection found in the premises, train, vehicle, vessel or aircraft. (4) For the purpose of exercising his or her power under subsection (2) or (3), an authorised officer, a police officer or a customs officer may, with such assistance as he or she thinks necessary, break open any door, window, lock, fastener, compartment, box, container or any other thing. (5) Any search of a person under this section must be conducted by an officer of the same sex as the person. (6) Nothing in this section prevents any authorised officer, police officer or customs officer conducting a search of a person from requiring a person to remove any of the person’s clothing. (7) In this section — “container” includes baggage, a mail receptacle, and any other thing that could be used for the carriage of goods (whether or not designed for that purpose); “train” means — ( a ) a railway locomotive, wagon or carriage; or ( b ) a track vehicle or railway maintenance machine, such as a trolley or crane, and includes a part of any of the above; “vehicle” means a conveyance that is designed to be propelled or drawn by any means (whether or not capable of being so propelled or drawn), and includes any trailer, bicycle or other pedal‑powered vehicle, but does not include any train; “vessel” means any kind of craft used in navigation by sea or water, however propelled or moved, and includes — ( a ) a barge, lighter or other floating vessel; ( b ) an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; ( c ) a vessel engaged in a towing operation or in any dredging, surveying or underwater operations; and ( d ) an installation capable of being attached to the seabed and that is bound for, or is at, a port, and includes a part of any of the above.


document_id: pa-2007
provision_ref: s32
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 32
title: Powers of arrest, detention and prosecution
content:
32. —(1) The Controller, an immigration officer or a police officer may arrest without warrant — ( a ) any person committing or attempting to commit any offence under this Act; or ( b ) any person whom the Controller, immigration officer or police officer reasonably suspects of being engaged in committing or attempting to commit any offence under this Act. (2) Where any person is arrested under subsection (1), the Controller, immigration officer or police officer making the arrest must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer. [15/2010] (2A) Any person arrested under subsection (1) may be detained at — ( a ) a lock-up appointed as a place of confinement under section 4(1) of the Prisons Act 1933; or ( b ) an immigration depot designated under the Immigration Act 1959. [Act 16 of 2024 wef 17/06/2024] (3) In any case relating to the commission of an offence under this Act, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence. (4) For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police. [15/2010] (5) The Controller and an immigration officer who is an authorised officer have the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act. [15/2010] [Act 16 of 2024 wef 17/06/2024]


document_id: pa-2007
provision_ref: s32A
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 32A
title: Bail and bond
content:
32A. —(1) A person who has been arrested by the Controller, an immigration officer or a police officer under section 32(1) may be released on bail or on personal bond granted by the Controller or any immigration officer. (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: ( a ) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include the Controller or an immigration officer; ( b ) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Controller. [Act 16 of 2024 wef 17/06/2024]


document_id: pa-2007
provision_ref: s33
chapter: PART 4 - POWERS OF ENFORCEMENT
section: 33
title: Identification to be produced during enforcement
content:
33. —(1) When exercising any powers under this Act, every immigration officer, police officer and customs officer must — ( a ) if not in uniform, declare his or her office; and ( b ) on demand, produce to any person affected by the exercise of those powers any identification card that the Controller, the Commissioner of Police or the Director-General of Customs (respectively) may direct to be carried by immigration officers, police officers or customs officers. (2) Despite any provision in this Act, it shall not be an offence for any person to refuse to comply with any request, demand or order made or given by any immigration officer, police officer or customs officer, not in uniform who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.


document_id: pa-2007
provision_ref: s34
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 34
title: Geographical application of this Part
content:
34. This Part (except section 47) applies — ( a ) whether or not the conduct constituting the alleged offence occurred within Singapore; and ( b ) whether or not a result of the conduct constituting the alleged offence occurred in Singapore.


document_id: pa-2007
provision_ref: s35
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 35
title: Interpretation of this Part
content:
35. —(1) In this Part, unless the context otherwise requires — “gain” means — ( a ) a gain in property or a supply of services (whether temporary or permanent); or ( b ) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration; “loss” means — ( a ) a loss of property or a supply of services (whether temporary or permanent); or ( b ) any deprivation of an opportunity to earn remuneration or greater remuneration or an opportunity to gain a financial advantage otherwise than by way of remuneration; “public duty” means a function that is given to — ( a ) a public officer; ( b ) an employee or a member of a public authority, board or tribunal established by or under written law for the purposes of a public function; or ( c ) a contractor who exercises a function or performs work for the Government or public authority mentioned in paragraph ( b ), as such, and includes every person who is in actual possession of the situation of a person mentioned in paragraph ( a ), ( b ) or ( c ), whatever legal defect there may be in the firstmentioned person’s right to hold that situation. (2) A person is treated for the purposes of this Part as making a false Singapore passport, a false Singapore travel document or a false foreign travel document if the person alters a document so as to make it false in any respect (whether or not it was already a false document before the alteration or is false in some other respect apart from that alteration). (3) In this Part, any reference to inducing a person to accept a false document as genuine, or a copy of a false document as a copy of a genuine one, includes a reference to inducing a machine to respond to the document or copy as if it were a genuine document or copy of a genuine one. Division 2 &#x2014; Offences


document_id: pa-2007
provision_ref: s36
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 36
title: Falsifying Singapore passports, etc.
content:
36. —(1) If a person — ( a ) makes a false Singapore passport or a false Singapore travel document; or ( b ) makes a copy of a document which he or she knows, or ought reasonably to know, to be a false Singapore passport or a false Singapore travel document, with the intention of dishonestly inducing another person to accept it as genuine, and by reason of the other person so accepting it as genuine, dishonestly — ( c ) obtains a gain (whether for himself or herself or someone else); ( d ) causes a loss to the other person or someone else; or ( e ) influences the exercise of a public duty, 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 10 years or to both. (2) If a person — ( a ) uses a false Singapore passport or a false Singapore travel document which he or she knows, or ought reasonably to have known, to be a false Singapore passport or a false Singapore travel document; or ( b ) uses a copy of a document which he or she knows, or ought reasonably to have known, to be a copy of a false Singapore passport or a false Singapore travel document, with the intention of dishonestly inducing another person to accept it as genuine, and by reason of the other person so accepting it as genuine, dishonestly — ( c ) obtains a gain (whether for himself or herself or someone else); ( d ) causes a loss to the other person or someone else; or ( e ) influences the exercise of a public duty, 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 10 years or to both. (3) If a person — ( a ) makes or adapts; or ( b ) has in his or her possession or under his or her control, a device, machine, paper, material or other thing — ( c ) knowing that the device, machine, paper, material or other thing is or has been specially designed or adapted for the making of a false Singapore passport or a false Singapore travel document; and ( d ) with the intention that the person or someone else will use the device, machine, paper, material or other thing, to make a false Singapore passport or a false Singapore travel document, or a copy of a Singapore passport or a Singapore travel document, 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 10 years or to both. (4) If a person — ( a ) makes or adapts; or ( b ) has in his or her possession or under his or her control, a device, machine, paper, material or other thing knowing that the device, machine, paper, material or other thing is or has been specially designed or adapted for the making of a false Singapore passport or a false Singapore travel document, or a copy of a Singapore passport or a Singapore travel document, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (5) Subsections (3)( b ) and (4)( b ) do not apply if the person has a reasonable excuse. (6) In this section, any reference to a machine includes a reference to any disk, tape, drive or other device on or in which a program is recorded or stored by mechanical, electronic or other means, being a program designed or adapted to enable a document to be made or to assist in its making.


document_id: pa-2007
provision_ref: s37
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 37
title: Possessing false Singapore passports, etc.
content:
37. —(1) If — ( a ) a person has possession or control of a false Singapore passport or a false Singapore travel document; and ( b ) the person knows or ought reasonably to have known that the document is a false Singapore passport or a false Singapore travel document, 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 10 years or to both. (2) Subsection (1) does not apply if the person has a reasonable excuse.


document_id: pa-2007
provision_ref: s38
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 38
title: Bringing, taking or sending false Singapore passports, etc., across international borders
content:
38. —(1) If — ( a ) a person — (i) brings a document into a country; (ii) takes a document out of a country; or (iii) sends a document to or from a country; and ( b ) the person knows or ought reasonably to have known that — (i) the document is a false Singapore passport or a false Singapore travel document; or (ii) the document is a Singapore passport or a Singapore travel document that is not issued to that person, 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 10 years or to both. (2) Subsection (1) does not apply if the person has a reasonable excuse.


document_id: pa-2007
provision_ref: s39
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 39
title: Making or giving false or misleading statements or information
content:
39. —(1) If — ( a ) a person makes a statement (whether orally, in writing or any other way) or gives information to another person; ( b ) the statement or information — (i) is false or misleading; or (ii) omits any matter or thing without which the statement or information is misleading; ( c ) the person knows that the statement or information is as described in paragraph ( b ); and ( d ) the statement is made or the information is given in, or in connection with — (i) an application for a Singapore passport or a Singapore travel document (whether for that person or for another); (ii) an application for an endorsement or extension of a Singapore passport or a Singapore travel document (whether for that person or for another); or (iii) a report of the loss, theft or destruction of a Singapore passport or a Singapore travel document (whether or not belonging to that person), 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 10 years or to both. (2) Subsection (1) does not apply — ( a ) if the statement or information is not false or misleading in a material particular; or ( b ) if the statement or information did not omit any matter or thing without which the statement or information is misleading in a material particular. (3) In this section, “information” includes any personal identifier.


document_id: pa-2007
provision_ref: s40
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 40
title: Providing false or misleading documents
content:
40. —(1) If — ( a ) a person provides a document to another person; ( b ) the document is false or misleading; ( c ) the person knows that the document is false or misleading; and ( d ) the document is provided in, or in connection with, an application for a Singapore passport or a Singapore travel document (whether for that person or for another), 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 10 years or to both. (2) Subsection (1) does not apply if the document is not false or misleading in a material particular.


document_id: pa-2007
provision_ref: s41
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 41
title: Improper use or possession of Singapore passports, etc.
content:
41. —(1) If — ( a ) a person uses a Singapore passport or a Singapore travel document in connection with travel or identification; ( b ) the Singapore passport or Singapore travel document has been cancelled; and ( c ) the person knows or ought reasonably to have known that the Singapore passport or Singapore travel document has been cancelled, 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 10 years or to both. (2) If — ( a ) a person uses a Singapore passport or a Singapore travel document in connection with travel or identification; ( b ) the Singapore passport or Singapore travel document was not issued to that person; and ( c ) the person knows or ought reasonably to have known that the Singapore passport or Singapore travel document was not issued to him or her, 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 10 years or to both. (3) If — ( a ) a person ( A ) provides another person ( B ) with a Singapore passport or a Singapore travel document that was issued to A ; and ( b ) A is reckless as to whether the document is or will be used by B in connection with travel or identification, A shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (4) If — ( a ) a person has or retains possession or control of a Singapore passport or a Singapore travel document; and ( b ) the person knows that the Singapore passport or Singapore travel document was not issued to him or her, 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 10 years or to both. (5) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.


document_id: pa-2007
provision_ref: s42
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 42
title: Selling Singapore passport, etc.
content:
42. —(1) A person who sells a Singapore passport or a Singapore travel document 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 10 years or to both. (2) A person who engages in the business or trade of selling Singapore passports or Singapore travel documents shall be guilty of an offence and shall be punished with imprisonment for a presumptive minimum term of not less than 2 years but not more than 15 years and shall also be punished with a fine not exceeding $20,000. [15/2019] (3) In this section, “sell” includes barter and exchange, offering or attempting to sell, exposing for sale, or receiving or sending or delivering for sale.


document_id: pa-2007
provision_ref: s43
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 43
title: Damaging Singapore passport, etc.
content:
43. If a person, without reasonable excuse, damages or destroys a Singapore passport or a Singapore travel document, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: pa-2007
provision_ref: s44
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 44
title: Dishonestly obtaining Singapore passport, etc.
content:
44. —(1) If a person — ( a ) buys or offers to buy a Singapore passport or a Singapore travel document; or ( b ) obtains a Singapore passport or a Singapore travel document dishonestly, or by threats, 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 10 years or to both. (2) In this section — “obtain” includes — ( a ) obtain for another person; and ( b ) induce a third person to do something that results in another person obtaining; “threat” includes a threat that is express or implied, conditional or unconditional.


document_id: pa-2007
provision_ref: s45
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 45
title: Failure to notify loss of Singapore passport, etc.
content:
45. —(1) A person to whom a Singapore passport or a Singapore travel document is issued shall be guilty of an offence if — ( a ) the Singapore passport or Singapore travel document issued to the person is lost, stolen or destroyed; ( b ) the person knows that the Singapore passport or Singapore travel document has been either lost, stolen or destroyed; and ( c ) the person fails to report the loss, theft or destruction to an authorised officer within 14 days after the first time the person knows that the Singapore passport or Singapore travel document has been either lost, stolen or destroyed. (2) In the case where the person to whom a Singapore passport or a Singapore travel document is issued is a child, any person who has parental responsibility for the child shall be guilty of an offence if — ( a ) the Singapore passport or Singapore travel document issued to the child is lost, stolen or destroyed; ( b ) the person who has parental responsibility for the child knows that the Singapore passport or Singapore travel document has been either lost, stolen or destroyed; and ( c ) the person who has parental responsibility for the child fails to report the loss, theft or destruction to an authorised officer within 14 days after the first time the person knows that the Singapore passport or Singapore travel document has been either lost, stolen or destroyed. (3) Any person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years or to both. (4) Subsections (1) and (2) do not apply if the person, or the person who has parental responsibility for the child (as the case may be) has a reasonable excuse.


document_id: pa-2007
provision_ref: s46
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 46
title: Failure to surrender cancelled or invalid Singapore passport, etc.
content:
46. —(1) If — ( a ) the person to whom a Singapore passport or a Singapore temporary travel document ceases to be a citizen of Singapore; ( b ) the person knows that he or she has ceased to be a citizen of Singapore; and ( c ) the person fails to surrender his or her Singapore passport or Singapore temporary travel document to an authorised officer within 24 hours after the first time the person knows that he or she ceased to be a citizen of Singapore, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In the case where the person to whom a Singapore passport or a Singapore temporary travel document is issued is a child, any person who has parental responsibility for the child shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 2 years or to both if — ( a ) the child ceases to be a citizen of Singapore; ( b ) the person who has parental responsibility for the child knows that the child has ceased to be a citizen of Singapore; and ( c ) the person who has parental responsibility for the child fails to surrender the child’s Singapore passport or Singapore temporary travel document to an authorised officer within 24 hours after the first time the person knows that the child ceased to be a citizen of Singapore. (3) Subsections (1) and (2) do not apply if the person, or the person who has parental responsibility for the child (as the case may be) has a reasonable excuse.


document_id: pa-2007
provision_ref: s47
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 47
title: Offences relating to false foreign travel documents
content:
47. —(1) If — ( a ) a person makes a false foreign travel document in Singapore, or provides a false foreign travel document to another person in Singapore; ( b ) the person does so with the intention of dishonestly inducing another person to use or accept the false foreign travel document as if it were a genuine foreign travel document; and ( c ) by reason of the other person so using or accepting the false foreign travel document as genuine, the person dishonestly — (i) obtains a gain (whether for himself or herself or someone else); (ii) causes a loss to the other person or someone else; or (iii) influences the exercise of a public duty, 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 10 years or to both. (2) If — ( a ) a person uses in Singapore a foreign travel document in connection with travel or identification; ( b ) the foreign travel document has been cancelled; and ( c ) the person knows or ought reasonably to have known that the foreign travel document has been cancelled, 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 10 years or to both. (3) If — ( a ) a person uses in Singapore a foreign travel document in connection with travel or identification; ( b ) the foreign travel document was not issued to that person; and ( c ) the person knows or ought reasonably to have known that the foreign travel document was not issued to that person, 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 10 years or to both. (4) If — ( a ) a person ( A ) provides another person ( B ) in Singapore with a foreign travel document that was issued to A ; and ( b ) A is reckless as to whether the document is or will be used by B in connection with travel or identification, A 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 10 years or to both. (5) If — ( a ) a person has or retains possession or control in Singapore of a foreign travel document; and ( b ) the person knows that the foreign travel document was not issued to him or her, 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 10 years or to both. (6) If — ( a ) a person has possession or control of a document; and ( b ) the person knows or ought reasonably to have known that the document is a false foreign travel document, 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 10 years or to both. (7) Subsections (2) to (6) do not apply if the person has a reasonable excuse.


document_id: pa-2007
provision_ref: s48
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 48
title: Unauthorised issue of Singapore passports, etc.
content:
48. If — ( a ) the Controller; or ( b ) an authorised officer to whom the Controller has delegated the function of issuing Singapore passports or Singapore travel documents, does any of the following acts, the Controller or authorised officer (as the case may be) 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 10 years or to both: ( c ) issue a Singapore passport or a Singapore travel document or part thereof knowing that the issue of the Singapore passport or Singapore travel document or that part thereof is contrary to a provision of this Act; ( d ) endorse a Singapore passport or a Singapore travel document knowing that the endorsement of the Singapore passport or Singapore travel document is contrary to a provision of this Act.


document_id: pa-2007
provision_ref: s49
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 49
title: Obstructing authorised officer, etc.
content:
49. Any person who refuses to give access to, or obstructs, hinders or delays any authorised officer, police officer or customs officer in the performance and execution of the officer’s duty or of anything the officer is required to do by virtue or in consequence of or under this Act, shall be guilty of an offence and 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. Division 3 &#x2014; General provisions


document_id: pa-2007
provision_ref: s50
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 50
title: Offences by bodies corporate, etc.
content:
50. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any act or default on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. [2/2012] (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any act or default on the part of such an officer or a member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of the committee of the unincorporated association, or any person holding a position analogous to that of the president, secretary or member of the committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (7) The regulations may provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: pa-2007
provision_ref: s51
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 51
title: Jurisdiction of court
content:
51. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: pa-2007
provision_ref: s52
chapter: PART 5 - OFFENCES RELATING TO SINGAPORE PASSPORTS
section: 52
title: Composition of offences
content:
52. —(1) The Controller may compound any offence under this Act that may be prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $500. (2) On payment of the sum of money under subsection (1), no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: pa-2007
provision_ref: s53
chapter: PART 6 - OBLIGATIONS RELATING TO IDENTIFYING INFORMATION
section: 53
title: Interpretation of this Part
content:
53. In this Part, unless the context otherwise requires — “disclose”, in relation to identifying information that is a personal identifier, includes providing access to the identifying information; “identifying information” means — ( a ) any personal identifier; ( b ) any meaningful identifier derived from any personal identifier; ( c ) any record of a result of analysing any personal identifier or meaningful identifier derived from any personal identifier; or ( d ) any other information, derived from any personal identifier or meaningful identifier derived from any personal identifier, or from any record of a kind mentioned in paragraph ( c ), that could be used to discover a particular person’s identity or to get information about a particular person.


document_id: pa-2007
provision_ref: s54
chapter: PART 6 - OBLIGATIONS RELATING TO IDENTIFYING INFORMATION
section: 54
title: Methods and technologies for travel documents
content:
54. —(1) The Minister may approve the methods and technologies (including biometric technologies) to be used by the Controller — ( a ) for the purposes of confirming the validity of evidence of the identity of an applicant for a Singapore passport or a Singapore travel document or to whom a Singapore passport or a Singapore travel document has been issued; ( b ) for the purposes of issuing biometric passports and travel documents under this Act; or ( c ) for performing other functions in connection with this Act. (2) Subsection (1) does not imply that methods or technologies not approved cannot be used for performing functions in connection with this Act.


document_id: pa-2007
provision_ref: s55
chapter: PART 6 - OBLIGATIONS RELATING TO IDENTIFYING INFORMATION
section: 55
title: Authorising disclosure of or access to identifying information
content:
55. —(1) The Minister may, in writing, authorise a specified person, or any person included in a specified class of persons — ( a ) to access identifying information of the kind specified in the Minister’s authorisation; or ( b ) to disclose, on written request, identifying information of the kind specified in the Minister’s authorisation, to another specified person, or another person included in a specified class of persons, in the Minister’s authorisation, for the purpose or purposes specified in the Minister’s authorisation. (2) The Minister must specify in an authorisation under this section, as the purpose or purposes for which access or disclosure is authorised, one or more of the following purposes, and no other: ( a ) assisting in the identification of, and authenticating the identity of, any applicant for or holder of a Singapore passport or a Singapore travel document; ( b ) facilitating or otherwise assisting the international travel of a person to whom a Singapore travel document has been issued; ( c ) enforcement of the criminal law, including investigating or prosecuting a person for an offence against any written law; ( d ) combating document and identity fraud in immigration matters; ( e ) administering or managing the storage of identifying information; ( f ) modifying identifying information to enable it to be matched with other identifying information, or in order to correct errors or ensure compliance with appropriate standards; ( g ) identifying persons who are of national security concern, or who are associated with activities of a criminal nature and whose detention or supervision may be necessary in the interests of public safety, peace and good order; ( h ) any other purpose the disclosure of which is required or authorised by or under written law; ( i ) making decisions under this Act or the Immigration Act 1959 or under the regulations made under either Act. (3) For the purposes of subsection (1)( b ), the specified person or specified class of persons to whom identifying information may be disclosed may include a police force, a law enforcement body or a border control body of a foreign country.


document_id: pa-2007
provision_ref: s56
chapter: PART 6 - OBLIGATIONS RELATING TO IDENTIFYING INFORMATION
section: 56
title: Accessing or disclosing identifying information
content:
56. —(1) If a person accesses identifying information, and the person — ( a ) is not authorised under section 55 to access any identifying information; or ( b ) is not authorised under section 55 to access the identifying information for the purpose for which the person accessed it, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. (2) If a person’s conduct causes disclosure of identifying information, and the disclosure is not a disclosure that is for any of the purposes specified in section 55(2), the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: pa-2007
provision_ref: s57
chapter: PART 7 - MISCELLANEOUS
section: 57
title: Singapore passports, etc., are property of Government
content:
57. —(1) Every Singapore passport and every Singapore travel document, whether issued before, on or after 1 December 2007, is the property of the Government. (2) The right in a Singapore passport or a Singapore travel document conferred on the Government by subsection (1) is not defeated or affected by any sale of, or any security, pledge, deposit or encumbrance given, made or accepted in respect of, the Singapore passport or Singapore travel document, by the holder thereof or by any other person. (3) A person must not give, make or accept as a security, pledge, deposit or encumbrance, a Singapore passport or a Singapore travel document, and any term of an agreement which would otherwise have that effect is void.


document_id: pa-2007
provision_ref: s58
chapter: PART 7 - MISCELLANEOUS
section: 58
title: Power to exempt
content:
58. The Minister may, by order in the Gazette , with or without conditions, exempt any person or class or description of persons from the operation of any or all of the provisions of this Act.


document_id: pa-2007
provision_ref: s59
chapter: PART 7 - MISCELLANEOUS
section: 59
title: Service of documents, etc.
content:
59. —(1) Subject to subsection (3), any document required or authorised to be served under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) by affixing a copy of the notice in a conspicuous place at the usual or last known address of the individual’s place of residence or business; (v) by sending it by fax to — (A) the fax number operated at the usual or last known address of the place of residence or business of the individual; or (B) the last fax number given to the Controller or an authorised officer by the individual as the fax number for the service of documents on the individual; or (vi) by sending an electronic communication of the document to the last email address given to the Controller or an authorised officer by the individual as the email address for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; or (iv) by sending an electronic communication of the document to the last email address given to the Controller or an authorised officer by the partnership as the email address for the service of documents on the partnership; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager of the limited liability partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; (iii) by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iv) by sending an electronic communication of the document to the last email address given to the Controller or an authorised officer by the limited liability partnership or body corporate as the email address for the service of documents on the limited liability partnership or body corporate. (2) Where any notice or other document to be served by the Controller or the Minister is — ( a ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office; ( b ) sent by electronic communication to an email address in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and ( c ) sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered. (3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address. (4) This section does not apply to notices and documents to be served in proceedings in court.


document_id: pa-2007
provision_ref: s60
chapter: PART 7 - MISCELLANEOUS
section: 60
title: Regulations
content:
60. —(1) The Minister may make regulations necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the form or particulars of application for the issue or extension of, or for an endorsement on, a Singapore passport or a Singapore travel document; ( b ) the conditions subject to which a Singapore passport or a Singapore travel document may be issued or extended; ( c ) the powers of inspection and examination of authorised officers in relation to Singapore passports or Singapore travel documents; ( d ) the procedure as regards the lodging of an appeal under section 28 and the practice and procedure upon the hearing of such an appeal; ( e ) the fees to be paid in respect of any matter or anything done, or any services rendered, by the Controller under or by virtue of this Act, including — (i) fees in respect of applications for Singapore passports and Singapore travel documents; and (ii) fees in respect of endorsements on Singapore passports and Singapore travel documents; ( f ) the waiver or refund, in whole or in part, by authorised officers of any fee mentioned in paragraph ( e ) in the circumstances of any particular case; and ( g ) the prescribing of anything that is required or permitted to be prescribed under this Act. (3) The regulations may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 3 years or with both; ( b ) prescribe different fees for different classes of applicants for Singapore passports or Singapore travel documents, and for different classes of Singapore travel documents, and any application fee so prescribed need not bear any relationship to the cost of issuing a Singapore passport or a Singapore travel document or endorsing on a Singapore passport or a Singapore travel document; and ( c ) provide for such transitional, saving and other consequential, incidental and supplemental provisions as the Minister considers necessary or expedient. (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pa-2007
provision_ref: s61
chapter: PART 7 - MISCELLANEOUS
section: 61
title: Saving and transitional provisions
content:
61. —(1) Every person who, immediately before 1 December 2007, is an authorised officer under the repealed Act continues in such appointments as if he or she is an authorised officer under this Act, and his or her appointment expires on the day his or her appointment would have expired if this Act had not been enacted. (2) Any subsidiary legislation made under the repealed Act and in force immediately before 1 December 2007, so far as it is not inconsistent with the provisions of this Act, continues in force as if made under this Act until it is revoked or repealed. (3) Any written law or document referring to the repealed Act or any provision of the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be.


document_id: pa-2015
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “company” means a company limited by shares under the Companies Act 1967; “identification information” means — ( a ) in relation to an individual — (i) the individual’s full name (including any alias); (ii) the individual’s address in Singapore for the service of any notice or document for the purposes of this Act; (iii) the individual’s country of citizenship; (iv) if the individual is a citizen or permanent resident of Singapore, the individual’s Singapore identity card number; (v) if the individual is not a citizen or permanent resident of Singapore, the individual’s foreign identification number or foreign passport number; and [Act 32 of 2024 wef 25/11/2024] (vi) where provided by the individual, the individual’s telephone number or email address (or any other means by which the individual can be contacted); or ( b ) in relation to an entity — (i) its full name; (ii) the address of its registered office or place of business in Singapore; (iii) its legal form; (iv) its place of incorporation or registration; (v) if it is incorporated or registered in Singapore, its unique entity number; (vi) if it is not incorporated or registered in Singapore, its foreign incorporation or registration number; and (vii) where provided by the entity, its telephone number or email address (or any other means by which it can be contacted); “licence” means a licence for pawnbroking granted or renewed under this Act; “licensed place of business” means a place specified in a licence as a place at which a licensee can carry on the business of pawnbroking; “licensee” means a person holding a licence, and includes a person whose licence is suspended; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “loan agreement” means an agreement for the loan of money on the security of a pledge; “manager”, in relation to a pawnbroker, means a person (including a director of the pawnbroker) responsible for managing the whole or any part of the pawnbroker’s business of pawnbroking; “Monetary Authority of Singapore” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act 1970; “profit”, in relation to a loan secured by a pledge, includes interest on the loan; “redemption period”, in relation to a pledge, is to be reckoned in accordance with section 54(2) and (3); “Registrar” means the Registrar of Pawnbrokers appointed under section 5, and includes any Deputy Registrar of Pawnbrokers or Assistant Registrar of Pawnbrokers exercising the functions of the Registrar; “repealed Act” means the repealed Pawnbrokers Act (Cap. 222, 1994 Revised Edition) in force immediately before 1 April 2015; “sell” includes agree to sell; “substantial shareholder”, in relation to a company, has the meaning given by section 81 of the Companies Act 1967. (2) For the purposes of this Act — ( a ) an entity is a disqualified person if — (i) it has been convicted of an offence under this Act or the repealed Act; (ii) it has contravened a provision of this Act or the repealed Act; (iii) it has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulations made under the United Nations Act 2001; (iv) it has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or a finding of fraud or dishonesty; (iv a ) it has been convicted of an offence under any provision of any other written law relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (iv b ) it has been convicted of an offence under the law of any foreign country or territory relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (v) it is a company and has been ordered to be wound up or liquidated under the Insolvency, Restructuring and Dissolution Act 2018 or any previous written law; or (vi) it has been ordered to be dissolved under any written law; and ( b ) an individual is a disqualified person if — (i) the individual has been convicted of an offence under this Act or the repealed Act; (ii) the individual has contravened a provision of this Act or the repealed Act; (iii) the individual has been convicted of any offence under sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Terrorism (Suppression of Financing) Act 2002 or any regulations made under the United Nations Act 2001; (iv) the individual has been convicted in Singapore or elsewhere of an offence involving fraud or dishonesty, or a finding of fraud or dishonesty; (iv a ) the individual has been convicted of an offence under any provision of any other written law relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (iv b ) the individual has been convicted of an offence under the law of any foreign country or territory relating to — (A) the prevention of money laundering; (B) the prevention of terrorism financing; or (C) the prevention of the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] (v) the individual is or was a director or substantial shareholder of an entity and, in that capacity, consented to or connived in the commission by the entity of an offence under this Act or the repealed Act; or (vi) the individual is an undischarged bankrupt. [40/2018]


document_id: pa-2015
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meanings of “pawn”, “pawnbroker”, “pawner” and “pledge”, etc.
content:
3. —(1) In this Act, unless the context otherwise requires — “business of pawnbroking” means the business of lending money on the security of pledges; “pawn” means to give possession of goods to a lender of money as security for the repayment of a loan; “pawnbroker” means a person who carries on a business of lending money on the security of pledges; “pawnbroking” means lending money on the security of a pledge; “pawner” means a person who pawns goods to a pawnbroker, whether or not the person has any title to, or is authorised to deal in, those goods; “pledge” means goods that are taken into possession by a lender of money as security for the repayment of a loan. (2) In this Act, unless the context otherwise requires, goods are taken in pawn if the goods are taken into possession by a lender of money as security for the repayment of a loan. (3) For the purposes of this Act, in determining whether a person is lending money on the security of a pledge, and whether goods have been pawned — ( a ) regard must be had — (i) to the substance of the transaction and not to its form or legal technicalities; and (ii) in particular, to the ordinary understanding of the person giving possession of the goods as to — (A) the nature of the transaction; and (B) the reason or basis on which possession of goods is given to the lender; ( b ) it does not matter that the terms of the loan transaction provide that the lender has taken possession of the goods at the request of or on behalf of the person giving possession of the goods or otherwise, so as to give the appearance that the lender does not rely on possession of the goods as security for the repayment of the loan; and ( c ) goods can be considered pawned, and money can be considered lent, on the security of a pledge even if the loan also gives rise to a mortgage of the goods. (4) For the purposes of this Act, the First Schedule may specify — ( a ) any transaction where goods are deemed or deemed not to be pawned; and ( b ) in respect of any transaction where goods are deemed to be pawned — (i) the person deemed to be the pawner; (ii) the sum deemed to be loaned; and (iii) the profit deemed to be taken for the loan.


document_id: pa-2015
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Application of Act
content:
4. This Act does not apply to any entity regulated or exempted by the Monetary Authority of Singapore under any written law, to the extent that the entity is permitted or authorised to carry on the business of pawnbroking or is not prohibited from carrying on the business of pawnbroking under that written law.


document_id: pa-2015
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Appointment of Registrar, Deputy Registrars and Assistant Registrars
content:
5. —(1) The Minister must appoint a Registrar of Pawnbrokers. (2) The Minister may in addition appoint Deputy Registrars of Pawnbrokers and Assistant Registrars of Pawnbrokers. (3) Subject to any direction that the Registrar of Pawnbrokers may give, a Deputy Registrar of Pawnbrokers or an Assistant Registrar of Pawnbrokers may exercise and perform all or any of the powers, duties and functions of the Registrar of Pawnbrokers under this Act.


document_id: pa-2015
provision_ref: s6
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 6
title: No pawnbroking without licence, etc.
content:
6. —(1) Subject to subsection (2), it shall be an offence for a person to carry on the business of pawnbroking in Singapore or to hold out that the person is carrying on that business. (2) A person may carry on the business of pawnbroking, and hold out that the person is carrying on that business, only in accordance with — ( a ) a licence granted under this Act; ( b ) the Registrar’s directions under section 41; ( c ) a waiver certificate under section 43; or ( d ) a class waiver under section 46. (3) A person guilty of an offence under subsection (1) shall be liable on conviction — ( a ) if the person has no previous qualifying conviction, to a fine not exceeding $50,000; and ( b ) if the person has any previous qualifying conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (4) In subsection (3), “qualifying conviction” means a conviction for an offence under subsection (1) or under section 8(5) of the repealed Act.


document_id: pa-2015
provision_ref: s7
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 7
title: Grant of licence
content:
7. —(1) The Registrar may grant a licence in accordance with this Act. (2) An application for the grant of a licence must be — ( a ) made in the form and manner specified by the Registrar; and ( b ) accompanied by the payment of a non-refundable application fee of a prescribed amount. [Act 32 of 2024 wef 25/11/2024] (3) The Registrar may grant more than one licence to a person.


document_id: pa-2015
provision_ref: s8
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 8
title: Duration of licence
content:
8. —(1) A licence takes effect on the date it is granted. (2) Unless a licence earlier lapses or is revoked, the licence has effect until — ( a ) 31 December of the year in which it is granted; or ( b ) any other date that the Registrar may specify.


document_id: pa-2015
provision_ref: s9
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 9
title: Renewal of licence
content:
9. —(1) A licensee must inform the Registrar, no later than one month before the date of expiry of its licence, whether it intends to apply to renew the licence. (2) The Registrar may, on the application of a licensee, renew its licence in accordance with this Act. (3) An application for the renewal of a licence must be — ( a ) made in the form and manner specified by the Registrar; and ( b ) accompanied by the payment of a non-refundable application fee of a prescribed amount. [Act 32 of 2024 wef 25/11/2024] (4) The renewal of a licence takes effect from — ( a ) the date on which the licence would have expired but for the renewal; or ( b ) any other date that the Registrar may specify. (5) Unless a renewed licence earlier lapses or is revoked, the renewed licence has effect until — ( a ) 31 December of the year in which it is renewed; or ( b ) any other date that the Registrar may specify.


document_id: pa-2015
provision_ref: s9A
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 9A
title: Licence fees
content:
9A. —(1) An applicant for the grant or renewal of a licence must pay the prescribed licence fee to the Registrar before the licence is granted or renewed. (2) Different licence fees may be prescribed in respect of different classes of licences. (3) The licence fee is not refundable if — ( a ) the licence is revoked or suspended; or ( b ) the licensee ceases to carry on the business of pawnbroking before the licence expires. (4) Despite subsection (3), the Registrar may, in any particular case that the Registrar considers appropriate, refund or remit the whole or any part of the licence fee paid or payable under this Act. [Act 32 of 2024 wef 25/11/2024]


document_id: pa-2015
provision_ref: s10
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 10
title: Grounds for refusing to grant or renew licence
content:
10. —(1) A licence cannot be granted to a person who is not a company incorporated in Singapore. (2) A licence may be granted or renewed only in the prescribed circumstances. (3) The Registrar may, in particular, refuse to grant or renew a licence on the following grounds: ( a ) the prescribed licence fee is not paid; [Act 32 of 2024 wef 25/11/2024] ( b ) the application for the grant or renewal (as the case may be) — (i) contains materially false or misleading information; or (ii) is materially incomplete; ( c ) the applicant for the grant or renewal (as the case may be) — (i) does not have a paid-up share capital that is equal to or greater than the prescribed amount; or (ii) has carried on the business of pawnbroking in Singapore or elsewhere in a way that, in the Registrar’s opinion, makes the applicant unfit to hold a licence; ( d ) in the Registrar’s opinion, the proposed place of business — (i) is unsuitable for carrying on the business of pawnbroking; or (ii) is situated at a location that is unsuitable for carrying on the business of pawnbroking; ( e ) a substantial shareholder of the applicant — (i) is a disqualified person; (ii) is, in the Registrar’s opinion, not of good character; (iii) is, in the Registrar’s opinion, not a fit and proper person to have a substantial shareholding in the applicant’s business of pawnbroking; or (iv) has carried on the business of pawnbroking in Singapore or elsewhere in a way that, in the Registrar’s opinion, makes the applicant unfit to hold a licence; [Act 32 of 2024 wef 25/11/2024] ( f ) a person who is (or is proposed to be) a director or a manager of the applicant — (i) is below 21 years of age; (ii) is a disqualified person; (iii) is, in the Registrar’s opinion, not of good character; (iv) is, in the Registrar’s opinion, not a fit and proper person to carry on or manage the applicant’s business of pawnbroking; or (v) has carried on the business of pawnbroking in Singapore or elsewhere in a way that, in the Registrar’s opinion, makes the applicant unfit to hold a licence; or ( g ) a person who is (or is proposed to be) a manager of the applicant — (i) is not ordinarily resident in Singapore; (ii) will not be ordinarily resident in Singapore while the person holds that position; or (iii) does not, in the Registrar’s opinion, possess adequate qualifications or experience for that position.


document_id: pa-2015
provision_ref: s11
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 11
title: Appeal to Minister
content:
11. A person aggrieved by the Registrar’s refusal to grant or renew a licence may appeal to the Minister. Division 2 &#x2014; Approval of substantial shareholders,
directors and managers


document_id: pa-2015
provision_ref: s12
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 12
title: Substantial shareholding, etc., to be approved by Registrar
content:
12. —(1) It shall be an offence for a person to — ( a ) become a substantial shareholder of a licensee by increasing the person’s shareholding in the licensee without the Registrar’s approval; ( b ) increase the person’s substantial shareholding in a licensee without the Registrar’s approval; or ( c ) refuse to comply with the Registrar’s direction under subsection (2)( c ) to reduce the person’s shareholding in a licensee. (2) In relation to subsection (1), the Registrar may — ( a ) on application by a licensee, approve a person to become a substantial shareholder of the licensee by an increase of the person’s shareholding; ( b ) on application by a licensee, approve an increase of a person’s substantial shareholding in the licensee; or ( c ) subject to section 16, direct a substantial shareholder to reduce its shareholding in a licensee. [Act 32 of 2024 wef 25/11/2024] (3) A direction under subsection (2)( c ) may not require a person’s shareholding to be reduced beyond what is necessary for the person to cease to be a substantial shareholder in the licensee.


document_id: pa-2015
provision_ref: s13
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 13
title: Grounds for declining to approve substantial shareholding, etc.
content:
13. Approval under section 12(2)( a ) or ( b ) may be refused, and a direction under section 12(2)( c ) may be given, on the following grounds in particular: ( a ) the relevant person is a disqualified person; [Act 32 of 2024 wef 25/11/2024] ( b ) the relevant person is, in the Registrar’s opinion, not of good character; [Act 32 of 2024 wef 25/11/2024] ( c ) the relevant person is, in the Registrar’s opinion, not a fit and proper person to have a substantial shareholding in the applicant’s business of pawnbroking; [Act 32 of 2024 wef 25/11/2024] ( d ) the relevant person has carried on the business of pawnbroking in Singapore or elsewhere in a way that, in the Registrar’s opinion, makes the person unfit to hold a licence. [Act 32 of 2024 wef 25/11/2024]


document_id: pa-2015
provision_ref: s14
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 14
title: Directors and managers to be approved by Registrar
content:
14. —(1) A person cannot be appointed or act as a director or a manager of a licensee without the Registrar’s approval. (2) Where a person contravenes subsection (1), the person and the licensee shall each be guilty of an offence. (3) For the purposes of subsection (1), the Registrar may — ( a ) approve a person to be appointed or to act as a director or a manager of the licensee; or ( b ) subject to section 16, withdraw any such approval.


document_id: pa-2015
provision_ref: s15
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 15
title: Grounds for declining to approve director or manager, etc.
content:
15. Approval under section 14(3) may, in particular, be refused or withdrawn if the relevant person — ( a ) is below 21 years of age; ( b ) is or becomes a disqualified person; ( c ) is, in the Registrar’s opinion, not of good character; ( d ) is, in the Registrar’s opinion, not a fit and proper person to carry on or manage the licensee’s business of pawnbroking; ( e ) has carried on the business of pawnbroking in Singapore or elsewhere in a way that, in the Registrar’s opinion, makes the licensee unfit to hold a licence; or ( f ) in any case where the approval is for the person to be appointed or to act as a manager of the licensee — (i) is not ordinarily resident in Singapore; (ii) will not be ordinarily resident in Singapore while the person holds that position; or (iii) does not in the Registrar’s opinion, possess adequate qualifications or experience for that position.


document_id: pa-2015
provision_ref: s16
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 16
title:
Registrar to give opportunity to make representations before withdrawing approval under section 12 or 14

content:
16. —(1) The following provisions are to apply before the Registrar makes a decision to give a direction under section 12(2)( c ) or withdraw any approval under section 14(3)( b ). (2) The Registrar must give the affected person written notice of — ( a ) the Registrar’s intention to make the decision; and ( b ) the date on which the Registrar intends to make the decision. (3) The date in subsection (2)( b ) must not be earlier than 21 days after the date of the written notice in subsection (2). (4) The affected person may make representations to the Registrar at any time before the date in subsection (2)( b ). (5) The Registrar must consider any representation made by the affected person before the date in subsection (2)( b ). (6) The Registrar must, on or after the date in subsection (2)( b ), give the affected person written notice of the Registrar’s final decision. (7) The Registrar’s final decision takes effect 14 days (or any longer period that the Registrar may specify) after the date of the written notice in subsection (6). (8) In this section, “affected person”, in relation to a decision under section 14(3)( b ), includes the licensee whose director or manager is affected.


document_id: pa-2015
provision_ref: s17
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 17
title: Appeal to Minister
content:
17. A person aggrieved by any of the following decisions of the Registrar may appeal to the Minister: ( a ) the refusal of any approval under section 12(2)( a ) or ( b ); ( b ) a direction under section 12(2)( c ); ( c ) the refusal of any approval under section 14(3)( a ) or withdrawal of any approval under section 14(3)( b ). Division 3 &#x2014; Conditions of licence and
statutory duties of licensee


document_id: pa-2015
provision_ref: s18
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 18
title: Conditions of licence
content:
18. —(1) A licensee must comply with such conditions of its licence as the Registrar may specify. (2) For the purpose of subsection (1), the Registrar may specify — ( a ) conditions applicable to all licensees; ( b ) conditions applicable to a specified class of licensees; or ( c ) conditions applicable to a specified licensee only. (3) The Registrar may, by written notice to a licensee, add to, vary or cancel any condition of a licence.


document_id: pa-2015
provision_ref: s19
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 19
title: Licensee to comply with statutory duties
content:
19. —(1) A licensee must comply with its statutory duties in sections 20 to 29. (2) A licensee that fails to comply with any of its statutory duties in sections 20 to 29 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.


document_id: pa-2015
provision_ref: s21
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 21
title: Carrying on of pawnbroking business and other businesses, etc.
content:
21. —(1) A licensee must not carry on the business of pawnbroking at any place other than a licensed place of business, unless the Registrar gives written permission. (2) A licensee must not carry on any business other than the business of pawnbroking at a licensed place of business, unless the Registrar gives written permission. (3) A licensee must — ( a ) keep each licensed place of business in a suitable condition for carrying on the business of pawnbroking; and ( b ) comply with any requirements that the Registrar may specify for this purpose. (4) A licensee must comply with any security requirements for each licensed place of business that the Registrar may specify.


document_id: pa-2015
provision_ref: s22
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 22
title: Licensee to display sign and rates, etc.
content:
22. —(1) A licensee must display, at each of its licensed places of business, a conspicuous sign stating, in English, the licensee’s name and the words “Pawnbroker’s Shop”, “Pawnbroker” or “Pawnshop”. (2) A licensee must display, at each of its licensed places of business, a conspicuous notice stating, in English, the maximum profit and the fees it can charge under section 50.


document_id: pa-2015
provision_ref: s23
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 23
title: Licensee to keep records of pawnbroking business and transactions
content:
23. —(1) A licensee must keep the prescribed records in relation to — ( a ) its business of pawnbroking; and ( b ) its transactions. (2) The records under subsection (1) — ( a ) must be kept — (i) in English; (ii) in electronic form; (iii) from the prescribed time; (iv) for the prescribed period, or any longer period that the Registrar may, in writing, require; and (v) in accordance with any other prescribed requirement; and ( b ) must be kept or be available for inspection at the licensed place of business where the goods are pawned.


document_id: pa-2015
provision_ref: s24
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 24
title: Licensee to submit statement on pawnbroking business and transactions
content:
24. —(1) A licensee must submit to the Registrar, at such intervals and in such form and manner as the Registrar may require, statements containing such particulars as may be prescribed in relation to — ( a ) its business of pawnbroking; and ( b ) its transactions. (2) A licensee must explain any particular in a statement submitted under subsection (1) if the Registrar so requires.


document_id: pa-2015
provision_ref: s25
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 25
title: Licensee to conduct annual audit
content:
25. A licensee must at its own cost appoint an auditor to carry out annual audits of its business of pawnbroking, including an audit of any matters that the Registrar may specifically require.


document_id: pa-2015
provision_ref: s26
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 26
title: Licensee to maintain adequate insurance
content:
26. A licensee must maintain adequate and appropriate insurance, or any other forms of protection that the Registrar may approve in writing, against the damage, theft or loss of all pledges taken by it.


document_id: pa-2015
provision_ref: s27
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 27
title: Licensee to maintain security deposit
content:
27. —(1) A licensee must place with the Accountant-General a deposit of the prescribed amount. (2) The deposit must be in cash or any other form that the Registrar may, in writing, allow. (3) The deposit is to be security for the licensee’s compliance with the conditions of its licence and the provisions of this Act, including the payment of any financial penalty imposed under section 37(2)( a ). (4) If the deposit or part of the deposit is forfeited by the Registrar, the licensee must replace the forfeited amount within 14 days (or any longer period that the Registrar may allow) after the forfeiture.


document_id: pa-2015
provision_ref: s28
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 28
title: Licensee to inform Registrar if substantial shareholder, etc., becomes disqualified person
content:
28. A licensee must, within 7 days after it becomes aware or has reason to believe that any of the following persons is or has become a disqualified person, inform the Registrar in writing of the fact: ( a ) a substantial shareholder of the licensee; ( b ) a director of the licensee; ( c ) a manager of the licensee.


document_id: pa-2015
provision_ref: s29
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 29
title: Licensee to inform Registrar of proceedings, etc.
content:
29. —(1) A licensee must notify the Registrar in writing of the occurrence of any of the following events, no later than 14 days after the licensee becomes aware that the event has occurred: ( a ) a receiver or a manager is or will be appointed in respect of the property of the licensee; ( b ) a meeting of the creditors or shareholders of the licensee has been summoned for the purpose of winding up the licensee; ( c ) an application has been made to the court for an order summoning all or any class of the creditors or shareholders of the licensee to meet for the purpose of a proposed compromise or arrangement between the licensee and those creditors or shareholders; ( d ) an application has been made to the court for an order under section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the licensee; ( e ) an application has been made to the court for a judicial management order under the Insolvency, Restructuring and Dissolution Act 2018 in respect of the licensee; ( f ) a written notice of the appointment of an interim judicial manager has been lodged under section 94(5)( a ) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the licensee; ( g ) an application has been made to the court for the licensee to be wound up or otherwise dissolved under the Insolvency, Restructuring and Dissolution Act 2018; ( h ) legal proceedings have been commenced against the licensee; ( i ) any event in paragraphs ( a ) to ( h ) occurs in relation to a company that is a substantial shareholder of the licensee (instead of the licensee); ( j ) an entity that is a substantial shareholder of the licensee is dissolved under the law applicable to the entity; ( k ) any other event that may be prescribed. [40/2018] (2) When a licensee notifies the Registrar of an event under subsection (1) — ( a ) the Registrar may require the licensee to notify the Registrar of any further event in relation to that event; and ( b ) the licensee must notify the Registrar of the further event no later than 14 days after the licensee becomes aware that the further event has occurred. Division 4 &#x2014; Investigative powers


document_id: pa-2015
provision_ref: s30
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 30
title: Power to order production of information, document or thing
content:
30. —(1) The Registrar may, in writing, order a person — ( a ) to produce any information, document or thing in the person’s possession or control that the Registrar considers relevant for deciding whether this Act has been contravened; or ( b ) to give the Registrar access to that information, document or thing. (2) Subsection (1) does not apply to customer information (as defined in section 40A of the Banking Act 1970) kept by a financial institution. (3) A person ordered to produce any information, document or thing may cause the information, document or thing to be produced instead of producing it in person. (4) It shall be an offence for a person to — ( a ) fail to comply with the Registrar’s order under subsection (1) without reasonable excuse; or ( b ) knowingly obstruct or prevent, or attempt to obstruct or prevent, a person from complying with the Registrar’s order under subsection (1).


document_id: pa-2015
provision_ref: s31
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 31
title: Power to seize property, etc., in certain circumstances
content:
31. —(1) The Registrar may seize any property — ( a ) in respect of which a contravention of this Act is suspected to have been committed; ( b ) that is suspected to have been used or intended to be used in a contravention of this Act; or ( c ) that is suspected to constitute evidence of a contravention of this Act. (2) Subsection (1) does not apply to property held or suspected to be held in an account or a safe deposit box in a financial institution. (3) The occupier or person-in-charge of a place from which property is to be seized under subsection (1), or a representative of the occupier or person‑in‑charge, may attend during the seizure. (4) The Registrar must prepare and sign a list of any property seized under subsection (1), recording the location from which each item of property is seized. (5) A signed copy of the list must be given to the occupier or person‑in‑charge of the place from which property was seized, or a representative of the occupier or person‑in‑charge. (6) Instead of seizing any property under subsection (1), the Registrar may, by written order — ( a ) prohibit any person from dealing with the property; and ( b ) require any person to affix the order or a copy of the order on or near the property. (7) It shall be an offence for a person to — ( a ) knowingly obstruct or prevent, or attempt to obstruct or prevent, the Registrar from exercising the powers under subsection (1) or (6); or ( b ) dispose of or deal in any property contrary to the Registrar’s order under subsection (6).


document_id: pa-2015
provision_ref: s32
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 32
title: Power of court over seized property, etc.
content:
32. —(1) Sections 370, 371 and 372 of the Criminal Procedure Code 2010 apply, with the necessary modifications, when the Registrar seizes property or prohibits any dealing in property under section 31. (2) Despite subsection (1), when the Registrar seizes a pledge or prohibits any dealing in a pledge under section 31, the court may, at any time and on the application of a person interested in the pledge, order that the pledge be released to the person or dealt with as the court sees fit.


document_id: pa-2015
provision_ref: s33
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 33
title: Registrar’s powers may be exercised by authorised persons
content:
33. —(1) Subject to subsection (2), the Registrar’s powers and duties under this Division may be exercised and performed by a person authorised by the Registrar. (2) The Minister may prescribe — ( a ) any class of persons who may, or cannot, be authorised to exercise the Registrar’s powers and perform the Registrar’s duties under this Division; and ( b ) the conditions to be complied with by any person authorised under subsection (1) to exercise the Registrar’s powers or perform the Registrar’s duties. Division 5 &#x2014; Regulatory action


document_id: pa-2015
provision_ref: s34
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 34
title: Power to give directions
content:
34. —(1) For the purpose of carrying out the provisions of this Act, the Registrar may give written directions, either of a general or specific nature, to a licensee. (2) The Registrar may, in particular, give directions setting out the manner in which a licensee is to conduct the business of pawnbroking. (3) A licensee that fails or refuses to comply with a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000. (4) A direction under subsection (1) need not be published in the Gazette .


document_id: pa-2015
provision_ref: s35
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 35
title: Composition of offences
content:
35. —(1) The Minister may prescribe any offence under this Act as a compoundable offence. (2) The Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting a sum not exceeding $5,000 from a person reasonably suspected of having committed the offence. (3) On payment of the sum of money under subsection (2), no further criminal proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the Consolidated Fund.


document_id: pa-2015
provision_ref: s36
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 36
title: Variation, suspension or revocation of licence
content:
36. —(1) This section applies where — ( a ) a licensee is convicted of an offence under this Act; ( b ) the Registrar compounds an offence under this Act committed by the licensee; ( c ) a licensee contravenes a provision of this Act, which contravention is not an offence; ( d ) the Registrar is satisfied that a licensee has conducted its business of pawnbroking in an improper or unsatisfactory manner; or ( e ) the Registrar is satisfied that a licensee is not able to carry on its business of pawnbroking in a proper and satisfactory manner. (2) On the occurrence of any event specified in subsection (1), the Registrar may — ( a ) do either or both of the following: (i) vary any condition of the licensee’s licence; (ii) suspend the licensee’s licence in respect of all or any of the licensee’s places of business; or ( b ) revoke the licensee’s licence with effect from a specified date.


document_id: pa-2015
provision_ref: s37
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 37
title: Financial penalty and forfeiture of security deposit
content:
37. —(1) This section applies where — ( a ) a licensee contravenes a provision of this Act, which contravention is not an offence; ( b ) the Registrar is satisfied that a licensee has conducted its business of pawnbroking in an improper or unsatisfactory manner; or ( c ) the Registrar is satisfied that a licensee is not able to carry on its business of pawnbroking in a proper and satisfactory manner. (2) On the occurrence of an event specified in subsection (1), the Registrar may, in addition to taking any action under section 36(2) — ( a ) order the licensee to pay a financial penalty of an amount not exceeding $20,000 for each occurrence of the event, up to a cumulative maximum of $100,000 at a time; and ( b ) if the licensee fails to pay any financial penalty ordered under paragraph ( a ), enforce the payment by forfeiting the whole or any part of the deposit placed by the licensee under section 27.


document_id: pa-2015
provision_ref: s38
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 38
title: Registrar to give opportunity to make representations before taking action under section 36 or 37
content:
38. —(1) The following provisions are to apply before the Registrar makes a decision to take any action against a licensee under section 36 or 37. (2) The Registrar must give the licensee written notice of — ( a ) the Registrar’s intention to make the decision; and ( b ) the date on which the decision takes effect unless the licensee makes representations under subsection (4). [Act 32 of 2024 wef 25/11/2024] (3) The date in subsection (2)( b ) must not be earlier than 21 days after the date of the written notice in subsection (2). (4) The licensee may make representations to the Registrar at any time before the date in subsection (2)( b ). (5) The Registrar must, before making a final decision, consider any representation made by the licensee under subsection (4). [Act 32 of 2024 wef 25/11/2024] (6) The Registrar must, if representations were made under subsection (4), give the licensee written notice of the Registrar’s final decision. [Act 32 of 2024 wef 25/11/2024] (7) The Registrar’s final decision takes effect 14 days (or any longer period that the Registrar may specify) after the date of the written notice in subsection (6). [Act 32 of 2024 wef 25/11/2024]


document_id: pa-2015
provision_ref: s40
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 40
title: Lapsing of licence
content:
40. A licence lapses on the earliest of the following dates (so far as they are applicable): ( a ) on the date the Registrar approves the licensee’s application to surrender the licence; ( b ) on the date the licensee goes into liquidation or is wound up or otherwise dissolved under the Insolvency, Restructuring and Dissolution Act 2018; ( c ) where the licensee has not commenced the business of pawnbroking for a continuous period of 6 months (or any longer period that the Registrar may allow) after the grant of or renewal of the licence, on the date immediately after the expiry of that period; ( d ) where the licensee has ceased to carry on its business of pawnbroking for a continuous period of 6 months (or any longer period that the Registrar may allow), on the date immediately after the expiry of that period; ( e ) on any other date that may be prescribed. [40/2018]


document_id: pa-2015
provision_ref: s41
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 41
title: Registrar’s powers when licence lapses, expires or is revoked
content:
41. —(1) This section applies — ( a ) where a licence has lapsed; ( b ) where a licence has expired; [Act 32 of 2024 wef 25/11/2024] ( c ) where a licensee — (i) has been given written notice under section 38(2) of the Registrar’s intention to revoke the licence under section 36(2)( b ); and (ii) has not made representations before the date specified in that written notice, even if the licensee has appealed against the Registrar’s decision; or [Act 32 of 2024 wef 25/11/2024] ( d ) where — (i) the licensee has made representations; and (ii) the Registrar has, under section 38(6), notified the licensee of the Registrar’s final decision to revoke the licence under section 36(2)( b ), even if the licensee has appealed against the Registrar’s decision. [Act 32 of 2024 wef 25/11/2024] (2) This section has effect for the purposes of securing the orderly cessation of the licensee’s business of pawnbroking, protecting the interests of pawners and securing the licensee’s compliance with the provisions of this Act. (3) The Registrar may, for the purposes of this section — ( a ) give directions to — (i) the licensee; (ii) any director or manager of the licensee; and (iii) if there is no such director or manager who is able to comply with the directions of the Registrar, any person who was a director of the licensee in the 6 months before the date of the relevant event in subsection (1); ( b ) in particular, give all or any of the following directions: (i) direct the licensee to continue complying with all or any of its statutory duties under Division 3; (ii) direct that any records kept by the licensee be delivered to the Registrar, a police officer, the liquidator of the licensee (if any) or any other person; (iii) direct that the licensee’s place or places of business be kept open for the redemption of pledges for such period and at such times as the Registrar may specify; (iv) direct the licensee to forfeit and sell any pledges taken by it that are unredeemed; ( c ) intervene in any proceedings involving the licensee; and ( d ) apply or forfeit the whole or any part of the deposit placed by the licensee under section 27(1). (4) The Registrar may not take any action under subsection (1) that is inconsistent with any order of court in any proceedings involving the licensee. (5) A person who complies with a direction of the Registrar under subsection (3)( a ) or ( b ) is not liable for any loss or damage suffered by any person as a result. (6) A person who, without reasonable excuse, fails to comply with a direction of the Registrar under subsection (3)( a ) or ( b ) shall be guilty of an offence. (7) In this section, “licensee” includes a pawnbroker whose licence has lapsed or expired or is revoked.


document_id: pa-2015
provision_ref: s42
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 42
title: Validity of transactions not affected
content:
42. The lapsing, expiry or revocation of a licence does not affect the validity of any transaction entered into by the licensee. Division 7 &#x2014; Waivers


document_id: pa-2015
provision_ref: s43
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 43
title: Waiver certificate
content:
43. —(1) The Minister may, on the application of a person — ( a ) grant a waiver certificate, with or without conditions, waiving the application of all or any of the requirements of this Act as they concern the person, for a period that the Minister may specify; ( b ) add to, vary or cancel any condition of the waiver; or ( c ) extend the period of the waiver. (2) The Minister may require a person granted a waiver certificate under subsection (1)( a ) to pay a fee for the purpose of recovering the costs of regulating the person’s compliance with the conditions of the waiver. (3) A waiver certificate granted under subsection (1)( a ) need not be published in the Gazette . (4) An application under this section — ( a ) must be made in the form that the Registrar may specify; ( b ) must include the information that the Registrar may require in any case; and ( c ) must be accompanied by the payment of a non-refundable application fee of a prescribed amount. [Act 32 of 2024 wef 25/11/2024]


document_id: pa-2015
provision_ref: s44
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 44
title: Revocation, etc., of waiver certificate
content:
44. Subject to section 45, the Minister may by written notice to a person granted a waiver certificate under section 43(1)( a ) — ( a ) add to, vary or cancel any condition of the waiver; ( b ) reduce the period of the waiver; or ( c ) revoke the waiver.


document_id: pa-2015
provision_ref: s45
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 45
title: Minister to give opportunity to make representations before revoking waiver certificate, etc.
content:
45. —(1) The following provisions are to apply before the Minister makes a decision under section 44 in relation to a person granted a waiver certificate under section 43(1)( a ). (2) The Minister must give the person written notice of — ( a ) the Minister’s intention to make the decision; and ( b ) the date on which the Minister intends to make the decision. (3) The date in subsection (2)( b ) must not be earlier than 21 days after the date of the written notice in subsection (2). (4) The person may make representations to the Minister at any time before the date in subsection (2)( b ). (5) The Minister must consider any representation made by the person before the date in subsection (2)( b ). (6) The Minister must, on or after the date in subsection (2)( b ), give the person written notice of the Minister’s final decision. (7) The Minister’s final decision takes effect 14 days (or any longer period that the Minister may specify) after the date of the written notice in subsection (6).


document_id: pa-2015
provision_ref: s46
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 46
title: Class waiver
content:
46. The Minister may make rules for the waiver of the application of any (but not all) of the requirements of this Act as they concern any class of persons, subject to any condition prescribed in those rules.


document_id: pa-2015
provision_ref: s47
chapter: PART 2 - REGULATION OF PAWNBROKERS, ETC.
section: 47
title: Validity of transactions not affected by variation or revocation of waiver
content:
47. The variation or revocation of a waiver certificate granted to a person under section 43(1)( a ), or a class waiver under section 46 that applied to a person, does not affect the validity of any transaction entered into by the person before the variation or revocation, as the case may be.


document_id: pa-2015
provision_ref: s48
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 48
title: Valuation to be given beforehand
content:
48. —(1) A pawnbroker must, before taking goods in pawn, give the person offering to pawn the goods a valuation of the goods offered to be pawned. (2) A loan agreement is voidable at the instance of the pawner unless subsection (1) is fully complied with. (3) A pawnbroker is not liable for any loss or damage suffered (whether by the pawner or by any third party) as a result of relying on a valuation given under subsection (1), unless the pawnbroker did not act in good faith, or did not take reasonable care, in giving the valuation.


document_id: pa-2015
provision_ref: s49
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 49
title: Pawn ticket to be issued
content:
49. —(1) A pawnbroker must not take goods in pawn unless the pawnbroker issues to the pawner a pawn ticket in accordance with this section. (2) A pawn ticket must be marked with a unique identification number, and must contain the prescribed particulars in the prescribed format. (3) The pawner must sign a copy of the pawn ticket. (4) The pawnbroker must keep a signed copy of the pawn ticket. (5) A loan agreement is voidable at the instance of the pawner unless subsections (1), (2), (3) and (4) are fully complied with.


document_id: pa-2015
provision_ref: s50
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 50
title: Permitted profit and fees
content:
50. —(1) When a pawnbroker lends money on the security of a pledge, the pawnbroker must not take any profit on the loan or charge any fee other than what is permitted under the Second Schedule. (2) A loan agreement is void to the extent that it purports to confer on a pawnbroker a right to take any profit on the loan or charge any fee other than what is permitted under the Second Schedule. (3) A pawnbroker that contravenes subsection (1) shall be guilty of an offence.


document_id: pa-2015
provision_ref: s51
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 51
title: Sections 48, 49 and 50 to apply, with modifications, to agreement to extend redemption period
content:
51. —(1) Where the redemption period for a pledge is extended by agreement, sections 48, 49 and 50 apply as if the pledge is offered to be pawned for the first time, subject to the modifications in subsections (2) to (5). (2) The pawnbroker must cancel the original pawn ticket. (3) The new pawn ticket issued by the pawnbroker must state the profit due at the date of the agreement to extend the redemption period, in addition to the particulars required under section 49(2). (4) The rights and obligations under the original agreement to pawn the goods are deemed to have merged in the agreement to extend the redemption period. (5) Where the pawnbroker fails to give a valuation in accordance with section 48(1), or purports to take any profit or charge any fee contrary to section 50(1) — ( a ) the validity of the agreement to extend the redemption period is not thereby affected; but ( b ) the pawnbroker is not entitled to take any profit on the loan in respect of the extended redemption period. Division 2 &#x2014; Redemption of pledges


document_id: pa-2015
provision_ref: s52
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 52
title: Persons entitled to redeem
content:
52. The following persons are entitled to redeem a pledge, unless they have assigned or otherwise transferred the right to do so: ( a ) the pawner; ( b ) a person stated on the pawn ticket as the person on whose behalf the goods are pawned; ( c ) a person to whom the right of redemption has been assigned or otherwise transferred.


document_id: pa-2015
provision_ref: s53
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 53
title: Right to redeem may be freely transferred, etc.
content:
53. —(1) A pawn ticket, and the right to redeem a pledge, may be assigned or otherwise transferred to any person (including to the pawnbroker who issued the pawn ticket and any other pawnbroker) at any time (including during the redemption period). (2) An agreement is void to the extent that it purports — ( a ) to provide that a pawn ticket, or the right to redeem a pledge, may not be assigned or otherwise transferred; or ( b ) to place any restriction or condition on that assignment or transfer. (3) In particular, the following terms of an agreement are void: ( a ) a term that requires a person to offer to assign or otherwise transfer a pawn ticket to the pawnbroker that issued the pawn ticket before the person can assign or transfer the pawn ticket to any other person; ( b ) a term that requires a person to offer to assign or otherwise transfer the right to redeem a pledge to the pawnbroker that issued the pawn ticket before the person can assign or transfer the right to any other person.


document_id: pa-2015
provision_ref: s54
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 54
title: Time for redeeming pledge
content:
54. —(1) A pledge can be redeemed — ( a ) at any time during the redemption period; and ( b ) at any time after the end of the redemption period but before the pledge is forfeited. (2) Subject to subsection (3), the redemption period is 6 months after the date on which the pledge was made, or any longer period that the parties may agree in the loan agreement or in a subsequent agreement. (3) Where the redemption period under subsection (2) ends on a day when the pawnbroker is closed for business — ( a ) the redemption period is extended to the next day the pawnbroker is open for business; and ( b ) the pawnbroker must not charge any further profit or fee if a pledge is redeemed on the day mentioned in paragraph ( a ).


document_id: pa-2015
provision_ref: s55
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 55
title: Extension of redemption period
content:
55. —(1) The redemption period may be extended for one or more times by agreement between the pawnbroker and a person entitled to redeem the pledge. (2) The redemption period may be extended even after it has expired. (3) Section 51 applies to every extension of the redemption period under this section.


document_id: pa-2015
provision_ref: s56
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 56
title: How pledge may be redeemed
content:
56. A person entitled to redeem a pledge may do so by complying with all of the following requirements at any time within the redemption period or before the pledge is forfeited: ( a ) presenting the pawn ticket (including a replacement pawn ticket but excluding any pawn ticket that has been cancelled); ( b ) repaying the loan and profit secured by the pledge; ( c ) providing the person’s identification information.


document_id: pa-2015
provision_ref: s57
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 57
title: Pawnbroker to allow redemption of pledge except in certain circumstances
content:
57. —(1) A pawnbroker must allow a person who has complied with section 56 to redeem a pledge, except in the circumstances in subsection (2). (2) A pawnbroker must not allow a person to redeem a pledge in any of the following circumstances: ( a ) the pawnbroker knows that the person presenting the pawn ticket is not a person entitled to redeem the pledge; ( b ) the pawnbroker has reason to believe that the person presenting the pawn ticket is not a person entitled to redeem the pledge, and continues to have reason to so believe even after taking reasonable steps to ascertain whether the person is entitled to redeem the pledge; ( c ) the pawn ticket is a replacement pawn ticket issued by the pawnbroker pursuant to an application under section 66, and the pawnbroker, after the application is made, becomes aware or has reason to believe that the matters stated in the application are materially false or incomplete.


document_id: pa-2015
provision_ref: s58
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 58
title: Protection from liability when pawnbroker acts according to section 57
content:
58. —(1) Subject to subsection (2), a pawnbroker is not liable to any person for any loss or damage suffered as a result of the pawnbroker allowing or refusing, in accordance with section 57, the redemption of a pledge. (2) Subsection (1) does not exclude a pawnbroker’s liability (if any) to the rightful owner of goods pawned without the owner’s authority, unless the pawnbroker has, before taking possession of the goods as a pledge, taken reasonable steps to satisfy itself that the pawner was the rightful owner of the goods or had the authority to pawn them.


document_id: pa-2015
provision_ref: s59
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 59
title: Pawnbroker’s obligations when goods redeemed
content:
59. —(1) When a pledge is redeemed, a pawnbroker must — ( a ) issue a receipt to the person redeeming the goods; and ( b ) cancel the pawn ticket. (2) The receipt must be in the form that the Registrar may specify.


document_id: pa-2015
provision_ref: s60
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 60
title: Pawnbroker’s liability if unable to produce goods, etc., upon redemption
content:
60. —(1) This section applies where — ( a ) a pawnbroker is required under section 57 to allow a person to redeem the pledge; but ( b ) the pawnbroker is unable for any reason to — (i) produce the pledge; or (ii) produce the pledge in the physical condition the pledge was in when the pawnbroker first took possession of the pledge. (2) Where the pawnbroker is unable to produce the pledge, the pawnbroker is liable to compensate the person for the value of the pledge. (3) Where the pawnbroker is unable to produce the pledge in the physical condition the pledge was in when the pawnbroker first took possession of the pledge, the person may choose either of the following remedies: ( a ) compensation by the pawnbroker for the value of the pledge; ( b ) the return of the pledge, and compensation by the pawnbroker for any decrease in the value of the pledge caused by the change in physical condition. (4) If the person chooses the remedy in subsection (3)( a ), the pledge becomes the absolute property of the pawnbroker. (5) For the purposes of this section, the value of the pledge is the value as determined by the valuation provided under section 48(1) when the pawnbroker first took possession of the pledge. Division 3 &#x2014; Forfeiture of unredeemed pledges


document_id: pa-2015
provision_ref: s61
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 61
title: Forfeiture and effect
content:
61. —(1) A pledge is forfeited one month after the pawnbroker serves a notice of forfeiture in accordance with sections 62 and 63, unless it is earlier redeemed. (2) When a pledge is forfeited — ( a ) the pledge becomes the pawnbroker’s absolute property; and ( b ) the loan and any profit secured on the pledge are deemed to be fully repaid.


document_id: pa-2015
provision_ref: s62
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 62
title: Notice of forfeiture
content:
62. —(1) A notice of forfeiture must contain the following information: ( a ) the name of the pawnbroker; ( b ) the pawn ticket number; ( c ) a statement that the pledge will be forfeited one month after the date on which the notice is served, and that the pledge may be redeemed at any time before it is forfeited; ( d ) the amount to be paid to redeem the pledge or extend the redemption period; ( e ) a valuation of the pledge at the time the notice is issued; ( f ) the address and business hours of the licensed place of business at which the pledge can be redeemed; ( g ) any other particulars that may be prescribed. (2) A pawnbroker is not liable for any loss or damage suffered (whether by the pawner or by any other person) as a result of relying on a valuation provided under subsection (1)( e ), unless the pawnbroker did not act in good faith or take reasonable care in providing the valuation.


document_id: pa-2015
provision_ref: s63
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 63
title: Time for, and manner of, serving notice of forfeiture
content:
63. —(1) A notice of forfeiture must be served — ( a ) within 2 months after the expiry of the redemption period; ( b ) in the prescribed manner; and ( c ) at the pawnbroker’s cost. (2) A notice of forfeiture is deemed to be served in any circumstances that may be prescribed.


document_id: pa-2015
provision_ref: s64
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 64
title: Forfeiture to be sole remedy of pawnbroker
content:
64. A pawnbroker — ( a ) cannot sue, in debt or otherwise, for the loan or profit secured by the pledge; and ( b ) cannot realise the pawnbroker’s security interest in the pledge other than by forfeiture under section 61.


document_id: pa-2015
provision_ref: s65
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 65
title: Consequences if pawnbroker purports to realise security interest other than by forfeiture
content:
65. —(1) Where a pawnbroker purports to realise the pawnbroker’s security interest in a pledge other than by forfeiture under section 61 — ( a ) if the value of the pledge exceeds the loan and profit secured by the pledge, the pawnbroker is liable to the person entitled to redeem the pledge for the surplus; ( b ) if the value of the pledge is equal to or less than the total amount of the loan and profit secured by the pledge, the loan and profit are extinguished; and ( c ) the pawnbroker does not thereby acquire any property in the pledge. (2) For the purposes of subsection (1), the value of the pledge is the value as determined by the valuation provided under section 48(1) when the pawnbroker first took possession of the pledge. Division 4 &#x2014; Related matters


document_id: pa-2015
provision_ref: s66
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 66
title: Protection of person entitled to redeem pledge but not having pawn ticket
content:
66. —(1) This section seeks to protect a person who is entitled to redeem a pledge but does not have a pawn ticket. (2) A person who claims to be entitled to redeem a pledge, but who does not have a pawn ticket, may make an application to a pawnbroker in accordance with this section. (3) An application under this section must state — ( a ) the identification information of the applicant; ( b ) the grounds on which the applicant claims to be entitled to redeem a pledge; ( c ) the matters that the applicant relies on in support of paragraph ( b ); ( d ) that the applicant has not assigned or otherwise transferred the applicant’s right to redeem the pledge; and ( e ) any other matters that may be prescribed. (4) Upon receiving an application under this section and the prescribed fee, the pawnbroker must make reasonable inquiries as to the truth of the matters stated in the application, including inquiries with the pawner. (5) After a pawnbroker has made reasonable inquiries under subsection (4), the pawnbroker must issue a replacement pawn ticket to the applicant and cancel the existing pawn ticket, unless the pawnbroker knows or has any reason to believe that the applicant is not entitled to redeem the pledge. (6) An applicant who has been issued a pawn ticket under subsection (5) has the rights and remedies against the pawnbroker that the pawner would have, and may freely assign or otherwise transfer the pawn ticket. (7) A pawnbroker that, in relation to a pledge, does or omits to do anything in accordance with this section is not liable to any person entitled to redeem the pledge for any loss or damage caused by the act or omission. (8) An application under this section is deemed to be a declaration for the purposes of sections 199 and 200 of the Penal Code 1871.


document_id: pa-2015
provision_ref: s67
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 67
title: Protection of rightful owner of goods wrongfully pawned
content:
67. —(1) This section seeks to protect the rightful owner of goods that are wrongfully pawned. (2) A person who claims to be the rightful owner of goods that are wrongfully pawned may serve a notice on a pawnbroker in accordance with this section. (3) A notice under this section must state — ( a ) the identification information of the person serving the notice; ( b ) that the person is the owner of goods which have been wrongfully pawned; ( c ) the matters that the person relies on in support of paragraph ( b ); and ( d ) any other information that may be prescribed. (4) Upon receiving a notice under this section and the prescribed fee — ( a ) if there is a court order for the pledge to be disposed or otherwise dealt with — the pawnbroker must deal with the pledge according to the court order; or ( b ) if there is no court order for the pledge to be disposed or otherwise dealt with — the pawnbroker may refuse to deal with the pledge, including by refusing to allow the pledge to be redeemed — (i) for a period of 3 months after the date on which the notice is served on the pawnbroker; or (ii) if an action is commenced in respect of that pledge within the period in sub‑paragraph (i), for so long as that action is pending. (5) A pawnbroker that, in relation to a pledge, does or omits to do anything in accordance with subsection (4) is not liable to any person for any loss or damage caused by the act or omission. (6) No profit is chargeable on the loan secured on the pledge during the period that the pawnbroker refuses to deal with the pledge under subsection (4)( b ). (7) A notice under this section is deemed to be a declaration for the purposes of sections 199 and 200 of the Penal Code 1871.


document_id: pa-2015
provision_ref: s68
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 68
title: Preservation of rights and remedies
content:
68. Unless the context otherwise requires, nothing in this Part limits, restricts or otherwise affects any right, title, interest, privilege, obligation or liability of a person.


document_id: pa-2015
provision_ref: s69
chapter: PART 3 - RIGHTS AND OBLIGATIONS
section: 69
title: No contracting out of this Part or any rule of law
content:
69. Any term of an agreement, and anything stated on a pawn ticket, is void to the extent that it purports to exclude or modify the operation of this Part or any rule of law relating to the pawning of goods.


document_id: pa-2015
provision_ref: s70
chapter: PART 4 - OFFENCES
section: 70
title: Providing false information to Registrar
content:
70. —(1) A person — ( a ) must not provide to the Registrar, for the purposes of this Act, any information that the person knows or has reason to believe is materially false or misleading; and ( b ) must not omit to provide any information to the Registrar for the purposes of this Act, if the person knows or has reason to believe that the omission will create a materially false or misleading impression. (2) A person who contravenes subsection (1)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pa-2015
provision_ref: s71
chapter: PART 4 - OFFENCES
section: 71
title: Offences relating to pawning of goods and redemption of pledges
content:
71. A person shall be guilty of an offence if — ( a ) the person pawns or attempts to pawn any goods, knowing or having reason to believe that the person is not authorised by the owner of the goods to pawn the goods; ( b ) the person pawns or attempts to pawn any goods that the person knows or has reason to believe were stolen or obtained through fraudulent or dishonest means; ( c ) the person redeems or attempts to redeem a pledge when the person knows or has reason to believe that the person has no title to the goods and is not entitled to redeem the goods; ( d ) the person redeems or attempts to redeem a pledge with a pawn ticket that the person knows or has reason to believe was forged or fraudulently obtained; or ( e ) the person knowingly gives any false information when pawning goods or redeeming a pledge.


document_id: pa-2015
provision_ref: s72
chapter: PART 4 - OFFENCES
section: 72
title: Offences by pawnbroker
content:
72. —(1) It shall be an offence for a pawnbroker to take goods in pawn — ( a ) from a person who appears to be intoxicated; ( b ) from a person below 18 years of age; or ( c ) without taking reasonable steps to satisfy itself that the goods were not stolen or obtained through fraudulent or dishonest means. (2) It shall be an offence for a pawnbroker to make an advance on a pledge in any manner other than in money that is legal tender in Singapore.


document_id: pa-2015
provision_ref: s73
chapter: PART 4 - OFFENCES
section: 73
title: Offences, etc., when goods are reported to be lost, etc.
content:
73. —(1) A police officer may provide a pawnbroker with information concerning property that is lost, stolen or fraudulently or dishonestly disposed of. (2) If a pawnbroker discovers that any goods in the possession of the pawnbroker, or offered to be pawned to the pawnbroker, have been reported to the police as lost, stolen or fraudulently or dishonestly obtained, the pawnbroker — ( a ) must immediately detain the goods; ( b ) must, as soon as practicable, inform a police officer; and ( c ) may detain the person offering the goods until a police officer arrives. (3) A pawnbroker that fails to comply with subsection (2)( a ) or ( b ) shall be guilty of an offence.


document_id: pa-2015
provision_ref: s74
section: 74
chapter:
PART 5 - PREVENTION OF MONEY LAUNDERING, TERRORISM FINANCING AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

title:
Programmes and measures to prevent money laundering, terrorism financing and financing of proliferation of weapons of mass destruction

content:
74. —(1) A pawnbroker must implement adequate programmes and measures to prevent money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction. [Act 6 of 2024 wef 01/05/2024] (2) A pawnbroker must, in particular — ( a ) take appropriate steps to identify, assess and understand the risks of money laundering, terrorism financing and financing the proliferation of weapons of mass destruction, in relation to — (i) its pawners; (ii) the countries or jurisdictions that its pawners are from or in; (iii) the countries or jurisdictions in which it has operations; and (iv) its products, services, transactions and delivery channels; [Act 6 of 2024 wef 01/05/2024] ( b ) for the purpose of paragraph ( a ) — (i) document its risk assessments; (ii) consider all relevant risk factors before determining the overall level of risk and the appropriate type and extent of mitigation to be applied; (iii) keep its risk assessments up to date; and (iv) have appropriate mechanisms to provide its risk assessments to the Registrar; ( c ) develop and implement internal policies, procedures and controls, which must be approved by its senior management, to manage and effectively mitigate the risks of money laundering, terrorism financing and financing the proliferation of weapons of mass destruction, identified by it or notified to it by the Registrar, including — (i) making appropriate compliance management arrangements, including the appointment of a compliance officer at the management level; and (ii) applying adequate screening procedures when hiring employees; [Act 6 of 2024 wef 01/05/2024] ( d ) have an ongoing programme to train employees on the internal policies, procedures and controls in paragraph ( c ); ( e ) have an independent audit function to test the internal policies, procedures and controls in paragraph ( c ); and ( f ) monitor the implementation of the internal policies, procedures and controls in paragraph ( c ), and enhance them if necessary. (3) The type and extent of the measures to be taken under subsections (1) and (2) must be appropriate having regard to — ( a ) the risks of money laundering, terrorism financing and financing the proliferation of weapons of mass destruction; and ( b ) the size of the pawnbroker’s business. [Act 6 of 2024 wef 01/05/2024] (4) Where a pawnbroker is a company incorporated in Singapore and has a branch or subsidiary, whether in Singapore or elsewhere, the pawnbroker must develop and implement a group-level programme to prevent money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction, which programme — ( a ) must be applicable to the pawnbroker’s branches and subsidiaries, whether in Singapore or elsewhere; ( b ) must include the measures specified under subsection (2); ( c ) must be appropriate to the business of the pawnbroker’s branches and subsidiaries; ( d ) must be implemented effectively at the level of the pawnbroker’s branches and subsidiaries; ( e ) must include policies and procedures for providing and sharing information required for the purposes of customer due diligence measures under Part 2 of the Third Schedule and generally for the management of risks relating to money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction; and [Act 6 of 2024 wef 01/05/2024] ( f ) must include adequate safeguards on the confidentiality and use of information exchanged between the pawnbroker and its branches and subsidiaries. [Act 6 of 2024 wef 01/05/2024] (5) Where a pawnbroker mentioned in subsection (4) has a branch or subsidiary in a country or territory outside Singapore that has laws for the prevention of money laundering, prevention of terrorism financing or prevention of the financing of proliferation of weapons of mass destruction, that differ from those in Singapore — ( a ) the pawnbroker must require the management of that branch or subsidiary to apply the more stringent set of laws, to the extent that the law of the host country or territory permits; and ( b ) where that branch or subsidiary is unable to fully apply the more stringent set of laws, the pawnbroker must report this to the Registrar and must, in lieu of paragraph ( a ), comply with any directions that may be given by the Registrar. [Act 6 of 2024 wef 01/05/2024] (6) A pawnbroker that contravenes subsection (1), (2), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.


document_id: pa-2015
provision_ref: s74A
section: 74A
title: Cash transaction reports
chapter:
PART 5 - PREVENTION OF MONEY LAUNDERING, TERRORISM FINANCING AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

content:
74A. —(1) A pawnbroker that enters into any relevant transaction specified in Part 1 of the Third Schedule must submit to a Suspicious Transaction Reporting Officer a cash transaction report relating to the relevant transaction, within the time and in the form and manner specified in Part 2 of the Third Schedule. [7/2019] (2) A pawnbroker must keep a copy of each cash transaction report submitted under subsection (1) for the period specified in Part 2 of the Third Schedule. [7/2019] (3) A pawnbroker must, at the time of submitting a cash transaction report under subsection (1) or immediately thereafter, submit a copy of the cash transaction report to the Registrar. [7/2019] (4) A pawnbroker that fails to comply with subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [7/2019]


document_id: pa-2015
provision_ref: s75
section: 75
chapter:
PART 5 - PREVENTION OF MONEY LAUNDERING, TERRORISM FINANCING AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

title:
Customer due diligence measures, additional measures and measures relating to targeted financial sanctions

content:
75. —(1) A pawnbroker must perform the customer due diligence measures specified in Part 2 of the Third Schedule. (2) A pawnbroker must perform the additional measures specified in Part 3 of the Third Schedule. (3) A pawnbroker must perform the measures relating to targeted financial sanctions against terrorism in Part 4 of the Third Schedule. (4) A pawnbroker that contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.


document_id: pa-2015
provision_ref: s76
section: 76
title: Record-keeping
content:
76. —(1) A pawnbroker must keep all documents and information (including any analysis performed) relating to a person that the pawnbroker obtained as a result of performing the measures specified in the Third Schedule, for a period of 5 years after the latest of the following dates (so far as they are applicable): ( a ) the date on which the person offered to pawn goods to the pawnbroker; ( b ) the date on which the person redeemed a pledge from the pawnbroker; ( c ) the date on which the pawnbroker forfeited a pledge made by the person; ( d ) the date on which the pawnbroker ended any transaction or relationship with the person; ( e ) the date of occurrence of any other prescribed matter relating to this Part. (2) A pawnbroker must keep the documents and information required to be kept under subsection (1) in the prescribed form. (3) A pawnbroker must make the documents and information required to be kept under subsection (1) available upon request to the Registrar and any other prescribed authority. (4) A pawnbroker that contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (5) This section is in addition to the pawnbroker’s statutory duty under section 23.


document_id: pa-2015
provision_ref: s77
chapter: PART 6 - MISCELLANEOUS
section: 77
title: Power of court when goods wrongfully pawned
content:
77. When in any civil or criminal proceedings the court finds that goods have been wrongfully pawned, the court may — ( a ) order that the goods be delivered to their rightful owner, with or without a further order that the rightful owner pay a sum to another person; ( b ) order the sale of the goods, and the payment of the proceeds to the rightful owner of the goods or into court; ( c ) order that compensation be paid to the rightful owner of the goods; or ( d ) forfeit the goods.


document_id: pa-2015
provision_ref: s78
chapter: PART 6 - MISCELLANEOUS
section: 78
title: Provisions relating to appeals to Minister
content:
78. —(1) An appeal to the Minister against a decision of the Registrar must be made within 14 days after the date of the decision appealed against. (2) Subject to subsection (3), a decision appealed against is suspended until the appeal is determined, unless the Minister or Registrar otherwise orders. (3) Any part of a decision that is not appealed against continues to have effect. (4) The Minister may determine an appeal by confirming, varying or reversing the Registrar’s decision. (5) The Minister’s decision in an appeal is final.


document_id: pa-2015
provision_ref: s79
chapter: PART 6 - MISCELLANEOUS
section: 79
title: General penalty
content:
79. A person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: pa-2015
provision_ref: s80
chapter: PART 6 - MISCELLANEOUS
section: 80
title: Offences by bodies corporate, etc.
content:
80. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the part of an officer, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the part of a partner, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of the officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee, and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner.


document_id: pa-2015
provision_ref: s81
chapter: PART 6 - MISCELLANEOUS
section: 81
title: Jurisdiction of District and Magistrates’ Courts
content:
81. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court — ( a ) may try any offence under this Act; and ( b ) may impose the full punishment for the offence.


document_id: pa-2015
provision_ref: s82
chapter: PART 6 - MISCELLANEOUS
section: 82
title: Amendment of Schedules
content:
82. —(1) The Minister may, by order in the Gazette , amend the First, Second or Third Schedule. (2) The Minister may, in an order under subsection (1), make any incidental, consequential or supplementary provisions that may be necessary or expedient. (3) An order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: pa-2015
provision_ref: s83
chapter: PART 6 - MISCELLANEOUS
section: 83
title: Rules
content:
83. —(1) The Minister may make rules — ( a ) prescribing the circumstances in which a licence must not be granted or renewed; ( b ) prescribing different classes of licences, the persons eligible to hold each class of licence, and the conditions applicable to each class of licence; ( c ) prescribing the records to be kept by a pawnbroker and the manner in which the records are to be kept; ( d ) prescribing the form of a pawn ticket to be issued by a pawnbroker and the particulars to be entered therein; ( e ) prescribing generally the manner in which, and the conditions under which, the business of pawnbroking is to be conducted; ( f ) prescribing the fees to be paid for the purposes of this Act, including application fees and licence fees; [Act 32 of 2024 wef 25/11/2024] ( g ) prescribing the procedure to be followed by an applicant for a licence; ( h ) to provide for the prevention of money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( ha ) to provide for the reporting of transactions that may involve money laundering, terrorism financing or the financing of proliferation of weapons of mass destruction; [Act 6 of 2024 wef 01/05/2024] ( i ) prescribing the offences under this Act that may be compounded; ( j ) prescribing anything that is required or permitted to be prescribed under this Act; and ( k ) generally for carrying out the purposes of and giving effect to the provisions of this Act. (2) The rules made under this section may provide that any contravention of any provision of the rules shall be an offence punishable with a fine not exceeding $20,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: pa-2015
provision_ref: s84
chapter: PART 6 - MISCELLANEOUS
section: 84
title: Saving and transitional provisions
content:
84. —(1) The persons appointed as the Registrar of Pawnbrokers and Assistant Registrars of Pawnbrokers under the repealed Act are deemed to be appointed as the Registrar of Pawnbrokers and Assistant Registrars of Pawnbrokers, respectively, under this Act. (2) An offence under the repealed Act may be investigated under the Criminal Procedure Code 2010 and the provisions of this Act. (3) Where an article (called in this subsection the pledge) is pawned with a pawnbroker under the repealed Act — ( a ) subject to paragraph ( b ), the pledge may be redeemed in accordance with sections 17 and 19 of the repealed Act as if those sections had not been repealed; ( b ) the period under section 17 of the repealed Act within which the pledge is redeemable may be extended by agreement in accordance with section 55, and upon the extension of that period, this Act applies to the pledge and to the agreement to extend that period; and ( c ) if the pledge is not redeemed in accordance with sections 17 and 19 of the repealed Act and the period mentioned in paragraph ( b ) is not extended by agreement in accordance with section 55, the pledge must be disposed of as follows: (i) if the pledge is pawned for $50 or less, the pledge must be disposed of in accordance with section 18 of the repealed Act as if that section had not been repealed; or (ii) if the pledge is pawned for more than $50 — (A) the pledge must be disposed of — (AA) by sale by an auctioneer in accordance with section 20 of the repealed Act as if that section had not been repealed, if the disposal occurs within the period of 8 months after 1 April 2015; or (AB) by sale in the manner that the Registrar may specify, if the disposal occurs after the period mentioned in sub‑paragraph (AA); (B) where the pledge is sold at a price exceeding the loan and profit secured by the pledge, the surplus must be dealt with — (BA) in accordance with sections 23 and 24(1), (2), (3), (5) and (6) of the repealed Act as if those provisions had not been repealed; and (BB) in accordance with sub‑paragraph (C); and (C) where a claim is made to the Registrar for any surplus paid to the Accountant‑General under section 24(2) of the repealed Act read with sub‑paragraph (B), the Registrar may, if the Registrar considers the claimant to be entitled to the surplus, order the Accountant‑General to pay the surplus to the claimant. (4) Any subsidiary legislation made under the repealed Act and in force immediately before 1 April 2015 continues in force as if made under this Act, so far as the subsidiary legislation is not inconsistent with the provisions of this Act and until the subsidiary legislation is revoked or repealed. (5) Any written law or document referring to the repealed Act or any provision of that Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference to, this Act or the corresponding provision of this Act, as the case may be. [85


document_id: paa-1867
provision_ref: s1
section: 1
title: Assignees of life policies, empowered to sue
content:
1. Any person or corporation now being or hereafter becoming entitled, by assignment or other derivative title, to a policy of life assurance, and possessing at the time of action brought the right in equity to receive and the right to give an effectual discharge to the assurance company liable under such policy for moneys thereby assured or secured, shall be at liberty to sue at law in the name of such person or corporation to recover such moneys.


document_id: paa-1867
provision_ref: s2
section: 2
title: Defence or reply on equitable grounds
content:
2. In any action on a policy of life assurance, a defence on equitable grounds, or a reply to such defence on similar grounds, may be respectively pleaded and relied upon in the same manner and to the same extent as in any other personal action.


document_id: paa-1867
provision_ref: s3
section: 3
title: Notice of assignment
content:
3. No assignment made after the passing of this Act of a policy of life assurance shall confer on the assignee therein named, his executors, administrators, or assigns, any right to sue for the amount of such policy, or the moneys assured or secured thereby, until a written notice of the date and purport of such assignment has been given to the assurance company liable under such policy at its principal place of business for the time being; and the date on which such notice was received shall regulate the priority of all claims under any assignment; and a payment bona fide made in respect of any policy by any assurance company before the date on which such notice was received shall be as valid against the assignee giving such notice as if this Act had not been passed.


document_id: paa-1867
provision_ref: s4
section: 4
title: Principal place of business to be specified on policies
content:
4. Every assurance company shall, on every policy issued by the company, specify its principal place of business at which notices of assignment may be given in pursuance of this Act.


document_id: paa-1867
provision_ref: s5
section: 5
title: Mode of assignment
content:
5. Any such assignment may be made either by endorsement on the policy or by a separate instrument in the words or to the effect set out in the Schedule, such endorsement or separate instrument being duly stamped.


document_id: paa-1867
provision_ref: s6
section: 6
title: Receipt of notice of assignment
content:
6. Every assurance company to whom notice was duly given of the assignment of any policy under which the company is liable shall, upon the request in writing of any person by whom any such notice was given or signed, or of his executors or administrators, deliver an acknowledgment in writing under the hand of the manager, secretary, treasurer, or other principal officer of the assurance company, of its receipt of such notice; and every such written acknowledgment, if signed by a person being de jure or de facto the manager, secretary, treasurer, or other principal officer of the assurance company whose acknowledgment the same purports to be, shall be conclusive evidence as against such company of it having duly received the notice to which such acknowledgment relates.


document_id: paa-1867
provision_ref: s7
section: 7
title: Interpretation
content:
7. In the construction and for the purposes of this Act, “policy of life assurance” or “policy” means any instrument by which the payment of moneys by or out of the funds of an assurance company, on the happening of any contingency depending on the duration of human life, is assured or secured; and “assurance company” means and includes every corporation, association, society, or company now or hereafter carrying on the business of assuring lives, or survivorships, either alone or in conjunction with any other object or objects.


document_id: paa-1934
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless there is something repugnant in the subject or context — “court” means the General Division of the High Court or a Family Court; “letters of administration” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer an intestate’s estate in accordance with law; “letters of administration with the will annexed” means a grant under the seal of the court issuing the same, authorising the person or persons therein named to administer a testator’s estate in compliance with the directions contained in his will, and in accordance with law; “prescribed form” means the form prescribed by rules made under any law for the time being in force relating to the courts; “probate” means a grant under the seal of the court issuing the same, authorising the executor or executors expressly or impliedly appointed by a testator’s will, or one or more of them, to administer the testator’s estate in compliance with the directions contained in his will, and in accordance with law; “probate action” means a cause or matter in which a probate application is contested by any person, and includes any application to alter or revoke the grant of any probate or letters of administration; “probate application” means an application for a grant of probate or letters of administration, and “probate applicant” shall be construed accordingly; “Public Trustee” means the Public Trustee appointed under the Public Trustee Act 1915 and includes a Deputy Public Trustee and an Assistant Public Trustee appointed under that Act; “registrar” means the registrar of the Family Justice Courts; “will” includes any codicil or other testamentary document. [6/2004; 42/2005; 27/2014; 44/2014; 40/2019]


document_id: paa-1934
provision_ref: s3
chapter: PART 2 - RENUNCIATION
section: 3
title: Express renunciation
content:
3. —(1) Any person who is or may become entitled to any probate or letters of administration may expressly renounce his right to such grant. (2) Such renunciation may be made — ( a ) orally by the person renouncing or by his advocate and solicitor, on the hearing of any probate application or probate action; or ( b ) in writing signed by the person so renouncing and attested either by an advocate and solicitor or by any person before whom an affidavit may be sworn. [42/2005]


document_id: paa-1934
provision_ref: s4
chapter: PART 2 - RENUNCIATION
section: 4
title: Constructive renunciation
content:
4. —(1) Any person having or claiming any interest in the estate of a deceased person, or any creditor of a deceased person, may, without applying for probate or letters of administration, cause to be issued a citation directed to the executor or executors appointed by the deceased’s will, or to any person appearing to have a prior right to probate or letters of administration, calling upon the person cited to accept or renounce that right. (2) Any person so cited may file a notice of intention to contest or not to contest the citation, but if he fails to file the notice within the time permitted, he shall be deemed to have renounced his right. [Act 18 of 2023 wef 15/10/2024] (3) If, having filed a notice of intention to contest, the person so cited does not proceed to apply for probate or letters of administration, the person so citing may apply for an order that the person cited, unless he applies for and obtains a grant within a time limited by the order, shall be deemed to have renounced his right thereto, and an order may be made accordingly. [Act 18 of 2023 wef 15/10/2024]


document_id: paa-1934
provision_ref: s5
chapter: PART 2 - RENUNCIATION
section: 5
title: Effect of renunciation
content:
5. —(1) The renunciation, whether made expressly in the manner provided by section 3, or constructively in the manner provided by section 4, shall preclude the person so renouncing from applying thereafter for probate or letters of administration. (2) Notwithstanding subsection (1), the court may at any time allow the person so renouncing to withdraw his renunciation for the purpose of taking a grant, if it is shown that the withdrawal is for the benefit of the estate or of those interested under the will or intestacy.


document_id: paa-1934
provision_ref: s6
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 6
title: Provisions as to number of personal representatives
content:
6. —(1) Probate or letters of administration shall not be granted to more than 4 persons in respect of the same property. (2) Letters of administration shall, if there is a minority or if a life interest arises under the will, be granted either to a trust corporation, with or without an individual, or to not less than 2 individuals. (3) The court in granting letters of administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, as may be prescribed by rules made under any written law for the time being in force relating to the courts. (4) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the existing personal representative in accordance with rules made under any written law for the time being in force relating to the courts. (5) This section shall apply to grants made after 1 January 1935 whether the testator or intestate died before or after that date. (6) For the purposes of this section, “trust corporation” means the Public Trustee or a corporation licensed as a trust company under the Trust Companies Act 2005. [11/2005]


document_id: paa-1934
provision_ref: s7
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 7
title: Notation of domicile
content:
7. —(1) A probate applicant may at any time apply to the registrar by summons intituled in the estate of the deceased person for an order that a notation be endorsed on the grant that the deceased person died domiciled in Singapore. [42/2005] (2) The registrar, on being satisfied by affidavit and by such further evidence as he may require that the testator or intestate died domiciled in Singapore, may write and sign a note or memorandum upon such grant stating that the testator or intestate died domiciled in Singapore.


document_id: paa-1934
provision_ref: s8
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 8
title: Grant of probate
content:
8. —(1) Probate may be granted to any executor appointed by a will. (2) The appointment may be express or implied. (3) Subject to section 6, where more than one person is appointed an executor by a will, probate may be granted to one or more of the persons so appointed, without prejudice to a subsequent application by another or others of them for further grant or grants. Where will lost, etc.


document_id: paa-1934
provision_ref: s9
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 9
title: Probate of copy or draft, or of contents
content:
9. Where a will has been lost or mislaid after the death of the testator, or where a will cannot for any sufficient reason be produced — ( a ) if a copy or draft thereof is produced, and it appears that the copy or draft is identical in terms with the original, probate may be granted of that copy or draft, limited until the original is admitted to probate; or ( b ) if no such copy or draft is produced, probate may be granted of the contents of the will, if they can be sufficiently established, limited as above described. Where will destroyed, etc.


document_id: paa-1934
provision_ref: s10
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 10
title: Destroyed will
content:
10. Where a will has been destroyed, otherwise than by the act or with the consent of the testator, probate may be granted of a copy or draft thereof, or of the contents thereof, if they can be sufficiently established. Where will proved and deposited outside Singapore


document_id: paa-1934
provision_ref: s11
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 11
title: Administration with copy annexed of authenticated copy of will proved abroad
content:
11. When a will has been proved and deposited in a court of competent jurisdiction situated beyond the limits of Singapore, and a properly authenticated copy of the will is produced, probate may be granted of such copy or letters of administration may be granted with a copy of such copy annexed. Where codicil propounded after probate


document_id: paa-1934
provision_ref: s12
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 12
title: Codicil propounded after probate
content:
12. —(1) Where, after probate has been granted, a codicil of the will is propounded, separate probate may be granted of the codicil. (2) Where the codicil expressly or impliedly revokes the appointment of any executor to whom probate has been granted, the probate shall be revoked, and a new probate shall be granted of the will and codicil together. Letters of administration with will annexed


document_id: paa-1934
provision_ref: s13
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 13
title: On failure of executors
content:
13. —(1) Where — ( a ) no executor is appointed by a will; ( b ) the executor or all the executors appointed by will are legally incapable of acting as such, or have renounced the right to act as such; ( c ) no executor survives the testator; ( d ) all the executors die before obtaining probate or before having administered all the estate of the deceased; or ( e ) the executors appointed by any will do not appear and extract probate, letters of administration with the will annexed may be granted to such person or persons as the court considers the fittest to administer the estate. (2) A prior right to a grant under subsection (1) shall belong to the following persons in the following order: ( a ) a universal or residuary legatee; ( b ) a legal personal representative of a deceased universal or residuary legatee; ( c ) such person or persons, being beneficiaries under the will, as would have been entitled to a grant of letters of administration if the deceased had died intestate; ( d ) a legatee having a beneficial interest; ( e ) a creditor of the deceased.


document_id: paa-1934
provision_ref: s14
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 14
title: Letters of administration with will annexed may be granted to attorney of absent executor
content:
14. Where an executor appointed by a will is absent from Singapore, and there is no other executor within Singapore willing to act, letters of administration with the will annexed may be granted to a duly authorised attorney of the absent executor, limited until he obtains probate for himself, and in the meantime to any purpose to which the attorney’s authority is limited.


document_id: paa-1934
provision_ref: s15
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 15
title: Grant to attorney of absent person entitled to letters of administration
content:
15. Where any person to whom letters of administration with the will annexed might be granted under section 13 is absent from Singapore, letters of administration with the will annexed may be granted to his duly authorised attorney, limited as described in section 14.


document_id: paa-1934
provision_ref: s16
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 16
title: Codicil propounded after grant of letters of administration
content:
16. Section 12 shall apply in the case of a grant of letters of administration with the will annexed, in like manner as they apply in the case of a grant of probate. Letters of administration until will produced


document_id: paa-1934
provision_ref: s17
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 17
title: Letters of administration until will produced
content:
17. When no will of the deceased is forthcoming, but there is reason to believe that there is a will in existence, letters of administration may be granted, limited until the will or an authenticated copy thereof is produced. Letters of administration on intestacy


document_id: paa-1934
provision_ref: s18
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 18
title: Letters of administration on intestacy
content:
18. —(1) When a person has died intestate, the court may grant letters of administration of his estate. (2) In granting such letters of administration the court shall have regard to the rights of all persons interested in the estate of the deceased person or the proceeds of sale thereof, and in regard to land settled previously to the death of the deceased, letters of administration may be granted to the trustees of the settlement. (3) Any such grant of letters of administration may be limited in any way the court thinks fit. (4) Without prejudice to the generality of subsection (2) — ( a ) letters of administration may be granted to the husband or widow or next of kin or any of them; ( b ) when such persons apply for letters of administration, it shall be in the discretion of the court to grant them to any one or more of such persons; ( c ) when no such person applies, letters of administration may be granted to a creditor of the deceased; and ( d ) in any case where — (i) the next of kin of any person dying intestate, or the greater number of such next of kin, so desire; or (ii) no next of kin or creditor or other person appears and makes out a claim to letters of administration, letters of administration of the estate and effects of the intestate may be granted by the court to such person as the court thinks fit for the purpose. (5) Nothing in this section shall affect any law by which special provision is made regarding the estates of persons of a particular religion or race.


document_id: paa-1934
provision_ref: s19
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 19
title: Letters of administration to attorney of person entitled
content:
19. Where a person entitled to letters of administration in case of intestacy is absent from Singapore, and no person equally entitled is willing to act, letters of administration may be granted to an authorised attorney of the absent person, limited until he obtains a grant to himself. Letters of administration pending probate action


document_id: paa-1934
provision_ref: s20
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 20
title: Letters of administration pending probate action
content:
20. Pending any probate action, letters of administration may be granted to such person as the court may appoint, limited so that the administrator shall not be empowered to distribute the estate, and shall be subject to such control by, and direction of, the court as the court thinks fit. Letters of administration during infancy


document_id: paa-1934
provision_ref: s21
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 21
title: Infants
content:
21. —(1) No probate or letters of administration shall be granted to a person while he is an infant. (2) Where an infant would, but for his infancy, be entitled to probate or letters of administration, letters of administration with or without the will annexed may, subject to section 6(1), be granted to the guardian of the person and property of the infant, or to such person as the court thinks fit, limited until the infant obtains a grant to himself. (3) Where there are 2 or more infant executors or persons so entitled, any grant made under subsection (2) shall be limited until any of them obtains a grant. Letters of administration in relation to persons lacking mental capacity


document_id: paa-1934
provision_ref: s22
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 22
title: Persons who lack mental capacity
content:
22. —(1) No probate or letters of administration are to be granted to a person who lacks mental capacity (within the meaning of the Mental Capacity Act 2008) to make decisions with respect to the management and administration of the person’s property and affairs. (2) Where any such person, if he or she did not lack mental capacity, would be entitled to probate or letters of administration, letters of administration with or without the will annexed may be granted to — ( a ) the person to whom the care of the estate of the person who lacks mental capacity has been lawfully committed; or ( b ) any other person that the court thinks fit, for the use and benefit of the person who lacks mental capacity, until that person ceases to lack mental capacity and obtains a grant to himself or herself. [Act 18 of 2023 wef 15/10/2024] Letters of administration limited to trust property


document_id: paa-1934
provision_ref: s23
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 23
title: Letters of administration of trust property
content:
23. Where a person dies, leaving property in which he had no beneficial interest on his own account, and does not leave a representative who is able and willing to act, letters of administration, limited to such property, may be granted to the person beneficially interested in the property, or to some other person on his behalf. Letters of administration limited to collection and preservation of property


document_id: paa-1934
provision_ref: s24
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 24
title: Letters of administration to collect and preserve property
content:
24. In any case in which it appears necessary for preserving the property of a deceased person, the court may grant to any person whom the court thinks fit letters of administration limited to the collection and preservation of the property of the deceased, and giving discharges of debts due to his estate, subject to the directions of the court. Death of one of several executors, etc.


document_id: paa-1934
provision_ref: s25
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 25
title: Death of one of several executors, etc.
content:
25. —(1) Where probate or letters of administration have been granted to more than one executor or administrator, and one of them dies, the representation of the estate shall accrue to the surviving executor or executors or, except in cases to which section 6 applies, administrator or administrators. (2) On the death of an administrator, letters of administration may be granted in respect of any estate not fully administered and in granting such letters of administration the court shall be guided by the same rules as apply to original grants.


document_id: paa-1934
provision_ref: s26
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 26
title: Grants with exception
content:
26. —(1) A grant of probate or letters of administration may be made subject to such exception as the will or the circumstances of the case require. (2) A further grant may be made of the part of the estate excepted under subsection (1).


document_id: paa-1934
provision_ref: s27
chapter: PART 3 - GRANT OF PROBATE OR LETTERS OF ADMINISTRATION
section: 27
title: Administration when limited grant expired and some part of estate unadministered
content:
27. When a limited grant has expired by effluxion of time or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.


document_id: paa-1934
provision_ref: s28
chapter: PART 4 - OATH
section: 28
title: Oath
content:
28. —(1) Upon the grant of any probate or letters of administration, the grantee shall take an oath in the prescribed form, faithfully to administer the estate and to account for the same. (2) Subsection (1) shall not apply where the grantee is the Public Trustee or a trust company. [6/2004]


document_id: paa-1934
provision_ref: s29
chapter: PART 5 - SECURITY
section: 29
title: Administration bond
content:
29. —(1) Where security is required the registrar shall determine its sufficiency. (2) The security shall ordinarily be by bond in the prescribed form by the grantee and 2 sureties in the amount at which the estate within the jurisdiction is sworn, without deduction of any debts due by the deceased, other than debts secured by mortgage. (3) The court or the registrar may for any sufficient reason increase or decrease the number of the sureties, or dispense with them, or reduce the amount of the bond. [27/2014] (4) Where the Public Trustee has obtained a grant of letters of administration, he shall not be required to give security. [6/2004] (5) When the administrator is entitled to the whole of the estate after payment of the debts, sureties in the bond may ordinarily be dispensed with. (6) Sureties may be required by the registrar to justify. (7) Subject to subsection (8), in the case of administrations whether with or without the will annexed the person to whom the grant is made or on whose behalf it is sealed shall give security for the due administration of the estate. [27/2014] (8) A grantee of letters of administration from a Family Court shall not be required to give security for the due administration of the estate unless — ( a ) the person for whose use and benefit the grant is made is an infant; or ( b ) the Family Court thinks fit to require such security. [27/2014]


document_id: paa-1934
provision_ref: s30
chapter: PART 5 - SECURITY
section: 30
title: Bond by creditor administrator
content:
30. When letters of administration are granted to a creditor, he may be required to enter into a bond to pay the debts of the deceased rateably, without preferring his own debt.


document_id: paa-1934
provision_ref: s31
chapter: PART 5 - SECURITY
section: 31
title: Assignment of bond
content:
31. The court may, if it appears that the condition of an administration bond has been broken, order that it be assigned by the registrar to some named person, who shall thereupon be entitled to sue on the bond under his own name on behalf of all persons interested in the estate in respect of which the bond was executed, as though it had originally been made in his favour. [27/2014]


document_id: paa-1934
provision_ref: s33
chapter: PART 7 - CAVEATS
section: 33
title: Caveat
content:
33. —(1) Any person having or claiming to have interest may, at any time after the death of a deceased person and before probate or letters of administration have been granted to his estate, enter a general caveat, so that no probate or letters of administration shall be granted without notice to the caveator. (2) After entry of any such caveat no such grant shall be made until the caveator has been given opportunity to contest the right of any probate applicant to a grant. [42/2005]


document_id: paa-1934
provision_ref: s35
chapter: PART 8 - DISTRICT COURTS
section: 35
title: Grants in excess of jurisdiction not to be invalid
content:
35. —(1) No probate or letters of administration granted by a District Court before 1 January 2015 shall be invalid by reason of the assets and effects of the deceased being subsequently found to be of a value which exceeds $3 million. [27/2014] (2) The grantee shall be — ( a ) liable for the estate duty payable in respect of the true value of the estate, and for all such court fees as would have been payable had the application for the grant been made to the General Division of the High Court; and ( b ) required to give such security for the due administration of the estate as is required in the case of a grant by the General Division of the High Court. [40/2019] (3) Unless in such case the grantee complies without delay with the requirements of subsection (2), the grant may be revoked, on the application of the Commissioner of Estate Duties, or of the registrar of the Family Justice Courts, or of any person having any interest as beneficiary or creditor in the assets of the estate. [27/2014] 36. [ Repealed by Act 27 of 2014 ]


document_id: paa-1934
provision_ref: s37
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 37
title:
Vesting of estate in Public Trustee in certain circumstances between death and grant of administration

content:
37. —(1) Where a person dies intestate, his real and personal estate shall vest in the Public Trustee. (2) Where a testator dies and — ( a ) at the time of his death there is no executor with power to obtain probate of the will; or ( b ) at any time before probate of the will is granted there ceases to be any executor with power to obtain probate, the real and personal estate of which the testator disposes by the will shall vest in the Public Trustee with effect from the time specified in paragraph ( a ) or ( b ) in relation to each case. (3) The vesting by virtue of this section of any estate in the Public Trustee shall not, without more, confer or impose on him any power, duty, right, equity, obligation or liability in respect of the estate. (4) Any estate or part of an estate vested in the Public Trustee under subsection (1) or (2) shall cease to be so vested on the grant of administration in respect of the estate or part in question.


document_id: paa-1934
provision_ref: s38
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 38
title: Estate vested in Chief Justice before 1 October 1997
content:
38. —(1) Any estate or part of an estate of a deceased person vested in the Chief Justice under section 37 immediately before 1 October 1997 shall on that date vest in the Public Trustee. (2) Subject to subsection (3), the amendment made to this Act by the Statutes (Miscellaneous Amendments) Act 1997 applies in respect of a person’s estate whether the person died before, on or after 1 October 1997. (3) Where, but for this subsection, the vesting under section 37 (as amended by the Statutes (Miscellaneous Amendments) Act 1997) of any estate of a testator would have effect from a time before 1 October 1997, the vesting shall have effect from that date and section 37(2) shall have effect subject to this.


document_id: paa-1934
provision_ref: s39
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 39
title: Receiver pending grant
content:
39. Where any person dies leaving property within Singapore, the court may, if it appears, on an application made by originating application by the Public Trustee or by any person claiming to be interested in the property, or having the custody or control thereof at the time of the death of the deceased, or being at such time an attorney of the deceased, that there is danger that the property may be wasted, appoint the Public Trustee or such other person as the court thinks fit, to be a receiver of the property pending a grant of probate or letters of administration. [6/2004; 42/2005; 27/2014] [Act 18 of 2023 wef 15/10/2024]


document_id: paa-1934
provision_ref: s40
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 40
title: Sale by order of court
content:
40. The court may, on application by a receiver appointed under section 39, or any person interested in the estate, order the sale of the whole or any part of such property, if it appears that such sale will be beneficial to the estate. [27/2014]


document_id: paa-1934
provision_ref: s41
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 41
title: Application of rules relating to receivers
content:
41. A receiver appointed under section 39 shall be subject to the Rules of Court relating to receivers generally, but the Public Trustee shall not be required to furnish security. [6/2004]


document_id: paa-1934
provision_ref: s42
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 42
title: Penalty
content:
42. Any person who, without lawful authority, removes or attempts to remove from Singapore any portion of the property of which a receiver has been appointed under section 39, or destroys, conceals, or refuses to yield up the same to the receiver, shall be guilty of an offence and shall be liable on conviction by a Magistrates’ Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: paa-1934
provision_ref: s43
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 43
title: No suit against receiver
content:
43. —(1) No suit shall be brought against a receiver appointed under section 39 in relation to anything done or intended to be done by him in respect of the property of the deceased in exercise or intended exercise of the powers vested in him. (2) Any person aggrieved by anything so done, or intended to be done, may apply to the court for directions in the matter, and the court may make such order in the premises as is just. [27/2014]


document_id: paa-1934
provision_ref: s44
chapter: PART 9 - PROTECTION OF ESTATES PENDING GRANT
section: 44
title: Receiver’s lien
content:
44. A receiver appointed under section 39 shall have a lien upon the property entrusted to him for all costs and expenses properly incurred by him in the exercise of his duties as such receiver. 45. [ Repealed by Act 27 of 2014 ]


document_id: paa-1934
provision_ref: s46
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 46
title: Interpretation
content:
46. In this Part — “Commonwealth” shall, for the purposes of this Part, be deemed to include any country in the Commonwealth which the Minister may, by notification in the Gazette , specify to be a country to which this Part applies; “court of probate” means any court or authority by whatever name designated, having jurisdiction in matters of probate; “probate” and “letters of administration” include confirmation in Scotland and any instrument having in any country or territory the same effect which, under the law of Singapore, is given to probate or letters of administration respectively.


document_id: paa-1934
provision_ref: s47
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 47
title: Power of court to re-seal
content:
47. —(1) Subject to subsections (3) and (4), where — ( a ) a court of probate in any part of the Commonwealth has, either before, on or after 25 February 1999, granted probate or letters of administration in respect of the estate of a deceased person; or ( b ) a court of probate in a country or territory, being a country or territory declared by the Minister under subsection (5) as a country or territory to which this subsection applies, has, on or after a date specified by the Minister in respect of that country or territory (referred to in this section as the relevant date), granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters of administration so granted, or a certified copy thereof, sealed with the seal of the court granting the same, may, on being produced to and a copy thereof deposited in the General Division of the High Court, be sealed with the seal of the Family Justice Courts. [27/2014; 40/2019] (2) Upon sealing under subsection (1), the probate or letters of administration shall be of the like force and effect, and have the same operation in Singapore, as if granted by the General Division of the High Court to the person by whom or on whose behalf the application for sealing was made. [40/2019] (3) Before the probate or letters of administration is sealed with the seal of the Family Justice Courts, the General Division of the High Court may require such evidence as it thinks fit as to the domicile of the deceased person. [27/2014; 40/2019] (4) If it appears that the deceased was not, at the time of his death, domiciled within the jurisdiction of the court from which the grant was issued, the seal shall not be affixed unless the grant is such as the General Division of the High Court would have made. [40/2019] (5) For the purposes of subsection (1)( b ), the Minister may, by notification in the Gazette — ( a ) declare any country or territory, which is not a part of the Commonwealth, as a country or territory to which subsection (1) applies; and ( b ) specify the relevant date in respect of that country or territory which may be a date before, on or after 25 February 1999.


document_id: paa-1934
provision_ref: s48
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 48
title: Provisions for estate duty
content:
48. The provisions of the Estate Duty Act 1929, including the penal provisions thereof, shall apply as if the person who applies for sealing under this Part were an executor within the meaning of that Act, and section 41 of that Act shall apply with the necessary modifications to the re-sealing of grants under this Part.


document_id: paa-1934
provision_ref: s49
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 49
title: Security on re-sealing letters of administration
content:
49. —(1) Before the sealing of letters of administration under this Part, the administrator or his attorney shall give security by a bond in the prescribed form for the due administration of the estate. (2) Such security shall be subject to section 29 relating to security to be given in the case of a grant of letters of administration.


document_id: paa-1934
provision_ref: s50
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 50
title: Security for creditors in Singapore
content:
50. —(1) Where the deceased has carried on business or resided in Singapore within 12 months of his death, the court may, on the application of a creditor of the deceased or otherwise, before a grant of probate or letters of administration is re-sealed, require adequate security to be given for the payment of debts due to creditors residing in Singapore. [27/2014] (2) Any such creditor may give notice in writing to the registrar, requiring that he be notified of any application for the sealing of a grant of probate under this Part; and no such grant shall be sealed before the expiration of 7 days after service on such creditor of a notice in writing of an application for sealing.


document_id: paa-1934
provision_ref: s51
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 51
title: Notice of sealing
content:
51. Notice of the sealing of a grant under this Part shall be sent forthwith by the registrar to the court from which the grant is issued.


document_id: paa-1934
provision_ref: s52
chapter: PART 10 - RE-SEALING OF PROBATES AND LETTERS OF ADMINISTRATION GRANTED OUT OF SINGAPORE
section: 52
title: Notice of revocation
content:
52. When notice has been received by the court of the re-sealing of a grant issued in Singapore, notice of any revocation or alteration of the grant shall be sent forthwith by the registrar to the court so re‑sealing the grant. 53. [ Repealed by Act 27 of 2014 ]


document_id: paa-1934
provision_ref: s54
chapter: PART 11 - GENERAL
section: 54
title: Order to bring in will, etc.
content:
54. The court may, on the application of any person interested, if it appears that there is reason to believe that any will or other testamentary document of a deceased person is in the possession or under the control of any person, or that any person has knowledge of the existence of such a will or document, order that that person do, within a time named, produce the will or document at the registry, or attend at a time named before a court, for the purpose of being examined in relation to the will or document. [27/2014]


document_id: paa-1934
provision_ref: s55
chapter: PART 11 - GENERAL
section: 55
title: Grant to Public Trustee in cases of delay
content:
55. —(1) In the following cases: ( a ) where, after the expiration of 6 months from the death of a deceased person, no application has been made for probate or letters of administration to his estate; ( b ) where any such application, though made within the said 6 months, has not within that period been proceeded with, or has been withdrawn or refused; ( c ) where any person, who has received a grant of letters of administration with or without the will annexed, neglects within one month of the date of the grant to give such security as he is lawfully required to furnish; ( d ) where a receiver may be appointed under section 39, but it appears that such appointment would not be a sufficient protection for the estate; ( e ) where an administrator has failed to extract the grant of letters of administration; or ( f ) where after the death of a last surviving executor or administrator of a deceased person’s estate 6 months have elapsed and no application for the representation of the estate has been made, letters of administration with or without the will annexed may be granted to the Public Trustee, or to such other person as the court thinks fit. [6/2004] (2) Nothing in this section shall be construed so as to prevent the Public Trustee from applying for or being granted letters of administration of the estate of a deceased person with or without the will annexed before the expiration of a period of 6 months of the death of the deceased. [6/2004]


document_id: paa-1934
provision_ref: s56
chapter: PART 11 - GENERAL
section: 56
title: Death of payee
content:
56. —(1) When funds in court are by an order directed to be paid, transferred or delivered to any person named or described in an order, or in a certificate of the registrar, except to a person therein expressed to be entitled to those funds as trustee, executor, or administrator, or otherwise than in his own right, or for his own use, the funds, or any portion thereof for the time being remaining unpaid, untransferred or undelivered, may, unless the order otherwise directs, on proof of the death of such person, whether on or after or, in the case of payment directed to be made to a creditor as such, before the date of the order, be paid, transferred, or delivered to the legal personal representatives of the deceased person, or to the survivors or survivor of them. (2) If no administration has been taken out to the estate of such deceased person who has died intestate, and whose assets do not exceed $500, including the amount of the funds directed to be so paid, transferred or delivered to him, the funds may be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would be entitled to take administration to his or her estate upon a declaration by that person in the prescribed form.


document_id: paa-1934
provision_ref: s57
chapter: PART 11 - GENERAL
section: 57
title: Administration of assets
content:
57. —(1) Where the estate of a deceased person is insolvent his estate shall be administered in accordance with the rules set out in the First Schedule. (2) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person. (3) Subject to subsection (2), nothing in this Act shall affect the right of retainer of a personal representative, or his right to prefer creditors. (4) Where the estate of a deceased person is solvent his estate shall, subject to the Rules of Court and section 58 as to charges on property of the deceased, and to the provisions, if any, contained in his will, be applicable towards the discharge of the funeral, testamentary and administration expenses, debts and liabilities payable thereout in the order mentioned in the Second Schedule.


document_id: paa-1934
provision_ref: s58
chapter: PART 11 - GENERAL
section: 58
title: Charges on property of deceased to be paid primarily out of property charged
content:
58. —(1) Where a person dies possessed of, or entitled to, or, under a general power of appointment, by his will disposes of an interest in property which at the time of his death is charged with the payment of money, whether by way of legal mortgage, equitable charge or otherwise (including lien for unpaid purchase money), and the deceased has not by will, deed or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for the payment of the charge. (2) Every part of the interest referred to on subsection (1), according to its value, shall bear a proportionate part of the charge on the whole thereof. (3) Such contrary or other intention shall not be deemed to be signified — ( a ) by a general direction for the payment of debts or of the debts of the testator out of his movable property or of his residuary estate; or ( b ) by a charge of debts upon any such estate, unless such intention is further signified by words expressly or by necessary implication referring to all or some part of the charge. (4) Nothing in this section shall affect the right of a person entitled to the charge to obtain payment or satisfaction thereof either out of the other assets of the deceased or otherwise.


document_id: paa-1934
provision_ref: s59
chapter: PART 11 - GENERAL
section: 59
title: Administration of estates by consular officers
content:
59. —(1) Whenever any subject or citizen of any State mentioned in the first column of the Third Schedule — ( a ) dies within Singapore; or ( b ) dies outside Singapore leaving property within Singapore, and no person is present in Singapore at the time of his death who is rightfully entitled to administer the estate of the deceased person, the consul, vice-consul or consular agent of that State within Singapore may — (i) take possession and have the custody of the property of the deceased person; (ii) apply the same in payment of his debts and funeral expenses; and (iii) retain the surplus for the benefit of the persons entitled thereto. (2) Notwithstanding subsection (1), the consul, vice-consul or consular agent shall immediately apply for, and shall be entitled to obtain from the court, letters of administration of the property of the deceased person, limited in such manner and for such time as to the court seems fit.


document_id: paa-1934
provision_ref: s61
chapter: PART 11 - GENERAL
section: 61
title: Letters of administration granted to consular officer to pass to his successors in office
content:
61. —(1) Letters of administration granted to a consular officer under section 59 shall be granted to such an officer in his official style and title and not in his personal name, but the person officiating as such consul, vice-consul or consular agent shall personally take the administrator’s oath. (2) The letters of administration referred to in subsection (1) and the estate of the deceased shall pass from such consular officer to his successors in office, and shall vest in each such consular officer for the time being during his continuance in office without any order of the court or any conveyance, assignment or other instrument whatsoever.


document_id: paa-1934
provision_ref: s62
chapter: PART 11 - GENERAL
section: 62
title: Administration by Public Trustee
content:
62. —(1) Where any person dies leaving property in Singapore not exceeding $50,000 in value (without deduction for debts), the Public Trustee, after satisfying himself that no application for letters of administration is pending, may, if he thinks fit, by writing signed by him declare that he undertakes to administer such property. [6/2004; 42/2005] (2) For the purpose of subsection (1), the amount of $50,000 shall not include — ( a ) the value of any property which the deceased possessed or was entitled to as trustee and not beneficially; and ( b ) in the case of a person who dies on or after 17 September 2005, any moneys payable by an appointed insurer pursuant to the Dependants’ Protection Insurance Scheme or any other equivalent scheme maintained by the Central Provident Fund Board under the Central Provident Fund Act 1953. [42/2005] (3) Upon a declaration under subsection (1), the Public Trustee shall be empowered to administer such property as though letters of administration, with or without the will annexed, of the estate of the deceased person had been granted to him, and his receipt shall be a sufficient discharge to any person who pays any money or delivers any property to him. [6/2004] (4) Notice of every declaration made under subsection (1) shall be given to the registrar. [16/2016] (5) At any time prior to the distribution of any part of the property among the beneficiaries thereof under this section the Public Trustee may, if he thinks it expedient to do so, notwithstanding any declaration made by him under subsection (1), decline to proceed with the administration of the property in his hands until a grant of representation has been obtained in respect of the estate of the deceased. [6/2004]


document_id: paa-1934
provision_ref: s63
chapter: PART 11 - GENERAL
section: 63
title:
Payment for minor’s maintenance, etc., out of property not exceeding $25,000 in value held by Public Trustee

content:
63. —(1) Where any property not exceeding $25,000 in value is held by the Public Trustee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Act, and the property is held by him upon trust for any person for any interest whatsoever, whether vested or contingent, then, subject to any prior interest or charges affecting that property, the Public Trustee may in his sole discretion, during the minority of any such person, in respect of that person’s maintenance, education or benefit make payments of the whole or such part of the income and capital money of such property as may in all the circumstances be reasonable. [6/2004] (2) When the property so held exceeds $25,000 but does not exceed $50,000 in value, the Public Trustee may make such payments of capital money to the extent of $25,000. [6/2004] (3) Such payments may be made to the parent or guardian of such person or otherwise as the Public Trustee may, in his discretion, determine, and whether or not there is — ( a ) any other fund applicable to the same purpose; or ( b ) any person bound by law to provide for such person’s maintenance or education. [6/2004]


document_id: paa-1934
provision_ref: s64
chapter: PART 11 - GENERAL
section: 64
title: Exemption from necessity of giving notice of distribution of property of less than $10,000 in value
content:
64. —(1) Where the total value of any property (without deduction for debts, but not including the value of any property which the deceased possessed or was entitled to as trustee and not beneficially) administered by the Public Trustee, whether by virtue of a grant of letters of administration to him or by virtue of the powers conferred on him by this Act, does not exceed $10,000, it shall not be necessary for the Public Trustee to give notice by advertisement in the Gazette or otherwise of his intention to distribute the estate or require any person interested to send in particulars of his claim against the estate, but the Public Trustee may proceed forthwith to convey or distribute the estate or any part thereof to or among the persons entitled thereto, having regard only to the claims, whether formal or not, of which the Public Trustee then had notice. [6/2004] (2) The Public Trustee shall not, as respects the property conveyed or distributed under subsection (1), be liable to any person of whose claim the Public Trustee has not had notice at the time of conveyance or distribution. [6/2004] (3) Nothing in this section shall — ( a ) prejudice the right of any person to follow the property representing the same, into the hands of any person, other than a purchaser, who may have received it; or ( b ) free the Public Trustee from any obligation to make searches similar to those which an intending purchaser would be advised to make or obtain. [6/2004]


document_id: paa-1934
provision_ref: s65
chapter: PART 11 - GENERAL
section: 65
title: When interest is payable into Consolidated Fund
content:
65. —(1) Where any trust money in the hands of the Public Trustee is normally insufficient to earn bank interest if kept in a bank current account the money may be kept in a general banking account or deposited in any bank. [6/2004] (2) Any interest allowed by the bank shall be paid into the Consolidated Fund.


document_id: paa-1934
provision_ref: s66
chapter: PART 11 - GENERAL
section: 66
title: Executors’ or administrators’ commission
content:
66. —(1) The court may in its or his discretion allow the executors or administrators a commission not exceeding 5% on the value of the assets collected by them, but in the allowance or disallowance of such commission the court shall be guided by its or his approval or otherwise of their conduct in the administration of the estate. [27/2014] (2) The registrar may, in the course of the taking of the administration accounts of executors or administrators, exercise the powers conferred on the court by subsection (1). [27/2014]


document_id: paa-1934
provision_ref: s67
chapter: PART 11 - GENERAL
section: 67
title: Testamentary and funeral expenses
content:
67. —(1) The court shall allow the executors or administrators the reasonable testamentary and other expenses incurred by them, and also proper funeral expenses and all reasonable expenses of subsequent religious ceremonies suitable to the station in life of the deceased. [27/2014] (2) The registrar may, in the course of the taking of the administration accounts of executors or administrators, exercise the powers conferred on the court by subsection (1). [27/2014]


