# legal_provisions

document_id: cwpa-2000
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purpose of Act
content:
4. —(1) The purpose of this Act is to implement Singapore’s obligations under the Convention. (2) Every person exercising a power or discretion conferred under this Act must have regard to Singapore’s obligations under the Convention.


document_id: cwpa-2000
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Extraterritorial application
content:
5. —(1) Sections 8 and 26 extend to acts done or omitted to be done outside Singapore by — ( a ) any citizen of Singapore; or ( b ) any other person on board any ship or aircraft registered in Singapore. (2) Where an offence under section 8 or 26 is committed outside Singapore by a citizen of Singapore, he or she may be dealt with in respect of that offence as if that offence had been committed within Singapore. (3) Despite anything in any other written law, proceedings in respect of any offence under section 8 or 26 committed anywhere outside Singapore must not, by virtue only of the provisions of this Act, be instituted in any court except with the consent of the Public Prosecutor. (4) Despite subsection (3), a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings are to be taken until the consent of the Public Prosecutor has been obtained.


document_id: cwpa-2000
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Administration of Act
content:
6. —(1) The Director‑General is responsible for the administration of this Act, subject to the general or special directions of the Minister. [49/2007] (2) The Director‑General may, with the approval of the Minister, in writing appoint any person as an authorised officer for the purposes of this Act. [49/2007] (3) The Director‑General may delegate the exercise of all or any of the powers conferred or duties imposed upon him or her by this Act to any authorised officer, except the power of delegation under this subsection. [49/2007] 7. [ Repealed by Act 49 of 2007 ]


document_id: cwpa-2000
provision_ref: s8
chapter: PART 3 - OFFENCES
section: 8
title: Use, etc., of chemical weapons
content:
8. —(1) Any person who — ( a ) uses a chemical weapon; ( b ) develops or produces a chemical weapon; ( c ) acquires, stockpiles or retains a chemical weapon; ( d ) transfers, directly or indirectly, a chemical weapon to another person; ( e ) engages in military preparations to use a chemical weapon; ( f ) knowingly assists, encourages or induces, in any way, another person to engage in any activity prohibited to a State Party under the Convention; or ( g ) uses a riot control agent as a method of warfare, shall be guilty of an offence and shall on conviction be punished with — ( h ) imprisonment for a term which may extend to life imprisonment; and ( i ) a fine not exceeding $1 million. (2) Nothing in subsection (1) applies in respect of any act done by an authorised officer, a national inspector or an international inspector under the authority of this Act or any other written law. (3) In proceedings for an offence under subsection (1)( a ), ( c ), ( d ), ( e ) or ( g ) relating to an object, it is a defence for the accused to prove that — ( a ) the accused neither knew nor suspected nor had reason to suspect that the object was a chemical weapon or riot control agent, as the case may be; or ( b ) as soon as reasonably practicable after the accused first knew or suspected it to be a chemical weapon or riot control agent (as the case may be), the accused took all reasonable steps to inform an authorised officer of the accused’s knowledge or suspicion. (4) Nothing in subsection (3) affects any defence that is open to a person charged with an offence under this section to raise apart from that subsection.


document_id: cwpa-2000
provision_ref: s9
chapter: PART 3 - OFFENCES
section: 9
title: Licence for use, etc., of scheduled chemical or discrete organic chemical
content:
9. —(1) A person must not use, develop, produce, acquire, stockpile, retain or transfer a Schedule 1 chemical for a permitted purpose except under and in accordance with the conditions of a licence granted by the Director‑General. [49/2007] (2) A person must not — ( a ) produce, process or consume a Schedule 2 chemical for a permitted purpose; or ( b ) produce a Schedule 3 chemical for a permitted purpose, except under and in accordance with the conditions of a licence granted by the Director‑General. [49/2007] (3) A person must not produce — ( a ) more than 200 tonnes in total of any one or more unscheduled discrete organic chemicals per year; or ( b ) more than 30 tonnes of any one unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine per year, except under and in accordance with the conditions of a licence granted by the Director‑General. [49/2007] (4) A person must not import or export a Schedule 2 chemical or Schedule 3 chemical except under and in accordance with the conditions of a licence granted by the Director‑General. [49/2007] (5) Subsection (1) does not apply to the use, development, production, acquisition, stockpiling, retention or transfer for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 1 chemical. [49/2007] (6) Subsection (2) does not apply to — ( a ) the production, processing or consumption for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical; and ( b ) the production for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 3 chemical. [49/2007] (7) In determining the amount of unscheduled discrete organic chemicals or unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine produced by a person in a year for the purposes of subsection (3), the production of a mixture containing not more than the prescribed concentration of a — ( a ) prescribed unscheduled discrete organic chemical; or ( b ) prescribed unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine, is to be disregarded. [49/2007] (8) Subsection (4) does not apply to — ( a ) the import of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical or Schedule 3 chemical; or ( b ) the export to a country that is a party to the Convention of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical or Schedule 3 chemical. [49/2007] (9) The Minister may by regulations prescribe the concentration of a chemical in a mixture for the purposes of subsection (5), (6), (7) or (8). [49/2007] (10) The regulations under subsection (9) may — ( a ) prescribe a concentration for all Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals, unscheduled discrete organic chemicals or unscheduled discrete organic chemicals containing phosphorous, sulfur or fluorine (as the case may be) or for a specified chemical or description of chemicals; ( b ) prescribe different concentrations for different chemicals; and ( c ) prescribe the method for working out the concentration of a chemical in a mixture. [49/2007] (11) An application for a licence to do any of the acts referred to in subsections (1) to (4) must be made to the Director‑General in such manner or form as the Director‑General may determine and must be accompanied by the prescribed fee. [49/2007] (12) Any person who contravenes subsection (1) 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 10 years or to both. (13) Any person who contravenes subsection (2), (3) or (4) 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 2 years or to both. (14) The Minister may make regulations — ( a ) to prescribe the manner of application for a licence; ( b ) to prescribe the form and duration of a licence; ( c ) to prescribe the terms and conditions upon which and the circumstances in which a licence may be held or granted, suspended, cancelled, extended, renewed or replaced by the Director‑General; ( d ) to provide for appeals to the Minister by a person against a refusal of the Director‑General to grant, extend or renew a licence, or a decision of the Director‑General to cancel or suspend a licence; and ( e ) to prescribe fees payable for an application for a licence and an application for the extension or renewal of a licence. [49/2007] (15) In subsection (3), “unscheduled discrete organic chemical” means a discrete organic chemical not listed in the Schedule.


document_id: cwpa-2000
provision_ref: s10
chapter: PART 3 - OFFENCES
section: 10
title: Forfeiture
content:
10. —(1) A court may order that anything shown to the court’s satisfaction to be the subject matter of an offence under this Part or to have been used in the commission of the offence must be forfeited to the Government, and either destroyed or otherwise dealt with in any manner that the court may order. (2) In particular, the court may order the thing to be dealt with as the Director‑General may see fit; and in such a case the Director‑General may direct that it be destroyed or otherwise dealt with. [49/2007] (3) Where — ( a ) the court proposes to order anything to be forfeited under this section; and ( b ) a person claiming to have an interest in it applies to be heard by the court, the court is not to order it to be forfeited unless that person has been given an opportunity to show cause why the order should not be made. (4) The court may make an order under this section even though no person has been charged with or convicted of an offence under this Part in relation to the thing to be forfeited.


document_id: cwpa-2000
provision_ref: s11
chapter: PART 4 - INFORMATION AND DOCUMENTS
section: 11
title: Purpose of this Part
content:
11. —(1) The purpose of this Part is to ensure that — ( a ) toxic chemicals and their precursors are only used, developed, produced, acquired, stockpiled, retained, or transferred for permitted purposes; ( b ) the Director‑General has knowledge of dealings with chemicals that facilitates the making of Singapore’s periodic declarations under the Convention; and ( c ) Singapore is otherwise able to fulfil its obligations under the Convention. [49/2007] (2) Any power under this Part may be exercised only for that purpose.


document_id: cwpa-2000
provision_ref: s12
chapter: PART 4 - INFORMATION AND DOCUMENTS
section: 12
title: Information and records for purposes of Convention
content:
12. —(1) Any person who uses, develops, produces, acquires, stockpiles, retains or transfers toxic chemicals or their precursors to which any provision of Parts VI to IX of the Verification Annex applies must — ( a ) give to the Director‑General, in such form and at such intervals as are prescribed, such written particulars as are prescribed, in relation to — (i) the chemicals and (as the case may be) the facility; (ii) the purposes to which the chemicals are put; and (iii) any other matters relevant to a declaration required to be given by Singapore to the Organisation under the Convention that are prescribed; ( b ) keep the records in relation to the chemicals and facility referred to in paragraph ( a ) that are required by regulations made under this Act; and ( c ) prepare and give to the Director‑General from such records, such periodic reports and such special reports relating to the chemicals and facility referred to in paragraph ( a ) as are required by regulations made under this Act. [49/2007] (2) Any person who, without reasonable cause, refuses or fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (3) The regulations relating to the keeping of records referred to in subsection (1)( b ) may include, but are not limited to, regulations relating to — ( a ) the form and content of the records; and ( b ) the period for which the records are to be kept. (4) The regulations relating to the preparation and giving of periodic or special reports referred to in subsection (1)( c ) may include, but are not limited to, regulations relating to — ( a ) the form and content of periodic reports; ( b ) the circumstances in which special reports are required and the form and content of the special reports; ( c ) the time within which the periodic reports and special reports are to be made; and ( d ) the persons who are to sign the periodic reports and special reports.


document_id: cwpa-2000
provision_ref: s13
chapter: PART 4 - INFORMATION AND DOCUMENTS
section: 13
title: Director-General may seek information for declarations and consultation purposes
content:
13. —(1) This section applies if the Director‑General considers that any person is capable of giving information that is relevant to a declaration required to be given by Singapore to the Organisation under the Convention. [49/2007] (2) The Director‑General may, by written notice given to the person, require the person to give such information to the Director‑General — ( a ) if the person is a natural person, by writing signed by the person; or ( b ) if the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate, within such reasonable period and in such manner as is specified in the notice. [49/2007] (3) The Director‑General may, by written notice given to a person, require the person to give to the Director‑General particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice. [49/2007] (4) Any person who, without reasonable cause, intentionally or recklessly refuses or fails to comply with a notice under this section to the extent that the person is capable of complying with it shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 6 months or to both. (5) The power of the Director‑General under this section to require a person to give information or documents to the Director‑General is in addition to any obligation to give information or documents that the person may have under section 12. [49/2007]


document_id: cwpa-2000
provision_ref: s14
chapter: PART 4 - INFORMATION AND DOCUMENTS
section: 14
title: False or misleading statements and documents
content:
14. Any person who, in any document prepared pursuant to this Part, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular, 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 2 years or to both.


document_id: cwpa-2000
provision_ref: s15
chapter: PART 5 - INSPECTIONS
section: 15
title: Purpose and interpretation of this Part
content:
15. —(1) The purpose of this Part is to facilitate inspections — ( a ) by national inspectors for a compliance purpose; and ( b ) by international inspectors in accordance with the Convention and any facility agreement. (2) A reference in this section and in sections 16 and 21 to a compliance purpose is a reference to the purpose of — ( a ) determining whether the provisions of this Act have been or are being complied with at any premises; ( b ) determining whether the conditions applicable to a licence have been or are being complied with by the holder of a licence; or ( c ) ensuring the proper functioning at any premises of any monitoring equipment installed in the course of an international compliance inspection or under a facility agreement. (3) A reference in sections 16, 18 and 21 to an inspection power is a reference to a power to — ( a ) search any premises; ( b ) inspect or examine a matter or thing; ( c ) take samples of a matter or thing; ( d ) measure a matter or thing; ( e ) examine a document (including a record kept in accordance with the requirements of this Act or the conditions of a licence); ( f ) take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph ( e )); ( g ) interview any person working on the premises (including making sound recordings of the interviews); ( h ) operate any equipment, including electronic equipment, located at the premises if the person exercising the power believes, on reasonable grounds, that the equipment can be operated without damaging it; ( i ) operate any photographic or video recording equipment anywhere in or around the premises; and ( j ) do anything that is necessary or expedient for the carrying out of any of the acts referred to in paragraphs ( a ) to ( i ), including restricting or prohibiting the access of persons and vehicles to or from the premises. (4) A power referred to in subsection (3)( a ), ( b ), ( c ), ( d ), ( h ) or ( i ) may only be exercised in a manner that the person authorised to exercise it believes, on reasonable grounds, to be in accordance with safety procedures applicable at the premises.


document_id: cwpa-2000
provision_ref: s16
chapter: PART 5 - INSPECTIONS
section: 16
title: National inspectors
content:
16. —(1) All authorised officers are national inspectors for the purposes of this Act. (2) The Director‑General may appoint in writing other persons to be national inspectors. [49/2007] (3) A national inspector may — ( a ) with the consent of the person in control of any premises; or ( b ) under a warrant issued under section 21 in respect of any premises, enter the premises and exercise, on or in the premises, any inspection power for a compliance purpose.


document_id: cwpa-2000
provision_ref: s17
chapter: PART 5 - INSPECTIONS
section: 17
title: International inspection
content:
17. An international inspector may, with the consent of the person in control of any premises — ( a ) in respect of which any provision of Parts VI to IX of the Verification Annex to the Convention applies; ( b ) that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or ( c ) in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated, or under a warrant issued under section 22 in respect of the premises — ( d ) enter the premises; ( e ) inspect the premises pursuant to the Convention and, in the case of any facility, any applicable facility agreement; and ( f ) exercise, in connection with the inspection, any function contemplated, and power provided for, in the Convention and, in the case of any facility, any applicable facility agreement.


document_id: cwpa-2000
provision_ref: s18
chapter: PART 5 - INSPECTIONS
section: 18
title: Persons who may accompany international inspectors
content:
18. —(1) In order to facilitate an inspection, an international inspector may be accompanied by one or more of the following persons: ( a ) an observer; ( b ) a national inspector. (2) A national inspector may exercise any inspection power for the purposes of facilitating an inspection referred to in section 17. (3) In subsection (1)( a ), “observer” means an observer referred to in paragraph 12 of Article IX of the Convention, and includes any person authorised by the Director‑General to observe the inspection. [49/2007]


document_id: cwpa-2000
provision_ref: s19
chapter: PART 5 - INSPECTIONS
section: 19
title: Written directions
content:
19. —(1) The Director‑General may, by written notice, issue directions to any person for the purpose of facilitating any inspection under this Part. [49/2007] (2) Any person who wilfully fails to comply with any direction given by the Director‑General under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both. [49/2007]


document_id: cwpa-2000
provision_ref: s20
chapter: PART 5 - INSPECTIONS
section: 20
title: Identification certificates
content:
20. The Director‑General must issue to every international inspector and national inspector a certificate identifying him or her as such international inspector or national inspector, as the case may be. [49/2007]


document_id: cwpa-2000
provision_ref: s21
chapter: PART 5 - INSPECTIONS
section: 21
title: Warrant for national inspection
content:
21. —(1) A national inspector may apply for a warrant where the consent of the person in control of any premises to enter the premises to exercise any inspection powers for a compliance purpose cannot be obtained or where the person refuses to give the consent. (2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that — ( a ) entry to the premises is necessary to exercise any inspection power for a compliance purpose; and ( b ) the consent of the person who is in control of the premises cannot be obtained or the consent is refused, may, unconditionally or subject to conditions, issue a warrant authorising the entry of the premises, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant), by the national inspector for the purpose of exercising any inspection power for a compliance purpose. (3) The national inspector applying for a warrant must — ( a ) first make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the premises concerned, and (if so) the following matters: (i) the offence or offences (if any) alleged in respect of each application; (ii) the results of each application; and ( b ) disclose on the application for the warrant the results of the inquiries.


document_id: cwpa-2000
provision_ref: s22
chapter: PART 5 - INSPECTIONS
section: 22
title: Warrant for international inspection
content:
22. —(1) The Director‑General may apply for a warrant on behalf of an international inspector or national inspector where the consent of the person who is in control of any premises to enter the premises for the purposes referred to in section 17( e ) and ( f ) cannot be obtained or where the person refuses to give the consent. [49/2007] (2) Subject to subsection (3), a Magistrate who is satisfied that there are reasonable grounds for believing that — ( a ) the premises meets the conditions for entry described in section 17; ( b ) entry to the premises is necessary for the purposes referred to in section 17( e ) and ( f ); and ( c ) the consent of the person who is in control of the premises cannot be obtained or the consent is refused, may issue, unconditionally or subject to conditions, a warrant authorising the entry of the premises, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) by the international inspector or national inspector for the purposes referred to in paragraph ( b ). (3) The Director‑General must — ( a ) before applying for a warrant, make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the premises concerned, and (if so) the following matters: (i) the offence or offences (if any) alleged in respect of each application; (ii) the results of each application; and ( b ) disclose on the application for the warrant the results of the inquiries. [49/2007]


document_id: cwpa-2000
provision_ref: s23
chapter: PART 5 - INSPECTIONS
section: 23
title: Use of force
content:
23. If force is required to enter and inspect any premises specified in a warrant issued under section 21 or 22 (whether by breaking down a door or otherwise), or in breaking open anything in the premises, the person executing the warrant may use any force that is reasonable in the circumstances.


document_id: cwpa-2000
provision_ref: s24
chapter: PART 5 - INSPECTIONS
section: 24
title: Obligations of persons carrying out inspections
content:
24. —(1) Every national inspector must — ( a ) carry his or her identification certificate; and ( b ) produce it to any person appearing to be in control of the premises entered — (i) on entering the premises (if the person is then present); and (ii) at any reasonable time after entering the premises, if asked to do so by the person. (2) Every national inspector must — ( a ) if, at any time between the time of entry of any premises to be inspected and the time the inspection is completed, there is no person appearing to be in control of the premises, as soon as is practicable after completing the inspection give the occupier or person in control of the premises a written notice stating that the premises has been entered, and specifying the following matters: (i) the time and date of entry; (ii) the circumstances and purpose of entry; (iii) the name of every person entering; ( b ) where applicable, have a warrant with him or her and produce it if required to do so; and ( c ) where any thing is seized, give the occupier or person in control of the premises a written inventory of all things so seized.


document_id: cwpa-2000
provision_ref: s25
chapter: PART 5 - INSPECTIONS
section: 25
title: Obstruction, etc., of national or international inspector
content:
25. —(1) Any person who wilfully obstructs, hinders, resists, or deceives any national inspector or international inspector who is exercising any function contemplated, or any power provided for, in this Part or the Convention or any applicable facility agreement shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both. (2) Nothing in this section applies to a refusal to give consent to entry by a national inspector who is not acting pursuant to a warrant referred to in section 21 or 22. (3) Nothing in this section applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to a warrant referred to in section 22.


document_id: cwpa-2000
provision_ref: s26
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 26
title: Confidentiality
content:
26. —(1) Every person must keep confidential any information that is given pursuant to this Act or the Convention concerning the affairs of another person. (2) Such information may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of — ( a ) enabling Singapore to fulfil its obligations under the Convention; ( b ) the enforcement of this Act; or ( c ) dealing with an emergency involving public safety or ensuring the security of Singapore. [2/2012] (3) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cwpa-2000
provision_ref: s27
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 27
title: Warrant for search and seizure
content:
27. —(1) If a Magistrate is satisfied, on information on oath, that there is reasonable ground for suspecting that an offence under this Act is being, has been or is about to be committed on any premises or that evidence of the commission of such an offence is to be found there, the Magistrate may issue a warrant in writing to an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search the premises. (2) An authorised officer who enters the premises under the authority of the warrant may — ( a ) take with him or her such other person and such equipment as appear to him or her to be necessary; ( b ) inspect any document found on the premises which he or she has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act; ( c ) take copies of, or seize and remove, such document; ( d ) inspect, seize and remove any device or equipment found on the premises which he or she had reasonable cause to believe may be required as such evidence; ( e ) inspect, sample, seize and remove any substance found on the premises which he or she has reasonable cause to believe may be required as such evidence; and ( f ) search or cause to be searched any person found on the premises whom he or she has reasonable cause to believe to be in possession of any document, device, equipment or substance. (3) A woman or girl must not be searched except by a woman. (4) Any person who wilfully obstructs, hinders, resists or deceives any authorised officer in entering the premises concerned or in exercising any of the powers referred to in subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cwpa-2000
provision_ref: s28
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 28
title: Offences by body corporate
content:
28. Where an offence under this Act is committed by a body corporate, and it is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, any director, manager, secretary or other 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.


document_id: cwpa-2000
provision_ref: s29
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 29
title: Jurisdiction of courts
content:
29. A District Court or a Magistrate’s Court has jurisdiction to hear and determine all prosecutions for offences under this Act; and a District Court, despite anything to the contrary in the Criminal Procedure Code 2010, has jurisdiction to impose the full penalty or punishment under this Act.


document_id: cwpa-2000
provision_ref: s30
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 30
title: Composition of offences
content:
30. —(1) The Director‑General 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 — ( a ) $1,000 in respect of any offence where the maximum fine prescribed for that offence is less than $5,000; and ( b ) $5,000 in respect of any other offence. [49/2007] (2) The Minister may make regulations to prescribe the offences which may be compounded.


document_id: cwpa-2000
provision_ref: s31
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 31
title: Public servants
content:
31. All authorised officers are deemed to be public servants within the meaning of the Penal Code 1871.


document_id: cwpa-2000
provision_ref: s32
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 32
title: Power to amend Schedule
content:
32. The Minister may, by order in the Gazette , amend or add to the Schedule in conformity with any amendment to the Chemicals Annex which may be duly made or adopted.


document_id: cwpa-2000
provision_ref: s33
chapter: PART 6 - MISCELLANEOUS PROVISIONS
section: 33
title: Regulations
content:
33. —(1) The Minister may make regulations for any matter that is necessary or desirable for the purposes of implementing this Act or the Convention, or any agreement that is concluded between Singapore and the Organisation pursuant to the Convention. (2) Without limiting subsection (1), regulations may be made — ( a ) to impose on any importer, exporter, agent, forwarding agent, common carrier, consignor or consignee of goods or on any owner, agent, master or person in charge of a conveyance as may be prescribed in the regulations, the duty to furnish — (i) to the Director‑General; or (ii) to the owner, agent, master or person in charge of a conveyance, or to a railway station‑master or to such other person as may be prescribed, such particulars, information or documents as may be prescribed in respect of any scheduled chemical that is imported or exported; ( b ) to require the master of any vessel to attend at the office of the Director‑General or Port Master, and to furnish such particulars, information and documents, as may be prescribed; ( c ) to prohibit the issue of a port clearance to the master of any vessel pending compliance with any provision of the regulations; ( d ) for the registration of any scheduled chemical that is imported or exported; ( e ) to prescribe offences in respect of the contravention of or non-compliance with any regulations made under this section, and prescribing fines, not exceeding $10,000, that may, on conviction, be imposed in respect of any such offence; and ( f ) to prescribe anything which is required or permitted to be prescribed under this Act or is necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Act. [49/2007]


document_id: cypa-1993
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “approved institution” means an institution approved under section 12 of the Probation of Offenders Act 1951 for the reception of persons who may be required to reside therein by a probation order; “approved welfare officer” means a person who is appointed by the Director‑General under section 3(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act; “assessment” means an assessment to determine either the state of the health or development of the child or young person or whether the child or young person is in need of care or protection or both, and includes a forensic medical examination; “care‑giver” — ( a ) in relation to a child or young person who is the subject of a voluntary care agreement, means a person to whose care the child or young person is committed under the voluntary care agreement; ( b ) in relation to a child or young person who is the subject of an order made under section 54, means — (i) if the child or young person is committed to the care of a fit person — the fit person; or (ii) if the child or young person is committed to a place of safety or place of temporary care and protection — the person‑in‑charge of the place of safety or place of temporary care and protection (as the case may be), or such employee at the place of safety or place of temporary care and protection (as the case may be) whom the Director‑General or a protector thinks is competent to provide care, protection and supervision to the child or young person; ( c ) in relation to a child or young person who is the subject of an order made under section 56(2), or section 57 (read with section 56), means the fit person to whose care the child or young person is committed under the order; and ( d ) in relation to a child or young person who is the subject of an order made under section 59, means — (i) if the child or young person is committed to the care of a fit person — the fit person; or (ii) if the child or young person is committed to a place of safety — the person‑in‑charge of the place of safety, or such employee at the place of safety whom the Director‑General or a protector thinks is competent to provide care, protection and supervision to the child or young person; “child” means a person who is below 14 years of age; “development” means physical, intellectual, psychological, emotional, social or behavioural development; “Director‑General” means the Director‑General of Social Welfare; “emotional harm”, in relation to a child or young person, means any serious impairment to the growth, development, or behavioural, cognitive or affective functioning, of the child or young person, and includes — ( a ) delayed mental and physical development of the child or young person; ( b ) a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be of danger to himself or herself or to other persons; ( c ) a child or young person assessed by the Director‑General, a protector or an approved welfare officer to be severely withdrawn, anxious or depressed; and ( d ) a child or young person diagnosed by a medical practitioner as having a mental health condition such as post‑traumatic stress disorder, anxiety, depression or psychosomatic disorder; “fit person” means — ( a ) a foster parent; or ( b ) such other person whom the court, the Director‑General or a protector, having regard to the character of the person, thinks is competent to provide care, protection and supervision to a child or young person; “foster parent”, in relation to a child or young person, means a person — ( a ) whom the Director‑General or a protector, having regard to the character of the person, thinks is competent to provide care, protection and supervision to the child or young person; and ( b ) who gives an undertaking to the Director‑General or protector (as the case may be) to provide care, protection and supervision to the child or young person; “guardian”, in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person, or in which the child or young person is concerned, has for the time being the charge of, or control over, the child or young person; “health” means physical or mental health; “home for children and young persons” means any establishment the object of which is, or is held out to be, the provision of residential accommodation with board and personal care for children or young persons, for the purposes of their protection or rehabilitation or both; “ill-treatment”, in relation to a child or young person, has the meaning assigned to it in section 6; “juvenile” means a person who is 10 years of age or older but below 18 years of age; [Act 30 of 2019 wef 30/12/2025] “juvenile rehabilitation centre” means any institution or part thereof appointed or established under Part 6 as a juvenile rehabilitation centre; “licence” means a licence issued under section 63 and licensee is to be construed accordingly; “licensed home for children and young persons” means a home for children and young persons in respect of which a licence is issued under section 63; “person‑in‑charge”, in relation to a juvenile rehabilitation centre, home for children and young persons, place of detention, place of safety, place of temporary care and protection or remand home, means — ( a ) a director, manager or superintendent of that centre, home or place; or ( b ) any other person having the management or control of that centre, home or place; “place” includes any vessel, conveyance, house, building, enclosure, street, land or open space; “place of detention” means a place provided or appointed by the Minister as a place of detention under section 81(1); “place of safety” means any institution or part thereof appointed or established under Part 6 as a place of safety; “place of temporary care and protection” means any place or institution designated to be a place of temporary care and protection under section 31 or any other suitable place the occupier of which is willing temporarily to receive a child or young person committed under section 10, 11 or 54; “protector” means any public officer or other person who is appointed or authorised by the Director‑General under section 3(3) to exercise the powers and perform the duties of a protector under this Act; “registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999; “relevant offence” means — ( a ) any offence under Part 2; ( b ) any offence under Chapter 16 of the Penal Code 1871; or ( c ) any offence involving the causing of bodily injury to a child or young person; “remand home” means any home or institution or part thereof provided or appointed by the Minister as a remand home under section 79(1) for the detention of juveniles sent there under the provisions of this Act; “Review Board” means the Review Board appointed under section 68; “voluntary care agreement” means a care agreement entered into between the Director‑General and the parent or guardian of a child or young person under section 15 to secure the safety and welfare of the child or young person; “volunteer welfare officer” means a person who is appointed by the Director‑General under section 3(4A); [Act 30 of 2019 wef 01/11/2022] “young person” means a person who is 14 years of age or older but below 18 years of age. [22/2007; 3/2011; 30/2019] [Act 30 of 2019 wef 30/12/2025] (2) In reckoning the age of a person for the purposes of this Act — ( a ) the person is taken to have attained a particular age expressed in years on the relevant anniversary of the person’s birth; ( b ) a reference to the anniversary of the birth of the person in paragraph ( a ) is a reference to the day on which the anniversary occurs; and ( c ) where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of that person’s birth is taken to be 28 February in that subsequent year. [30/2019] (3) For the purposes of this Act — ( a ) “category 1 matter” means any matter relating to the day‑to‑day care of a child or young person but does not include such other matter as may be prescribed; ( b ) “category 2 matter” means any matter that does not relate to the day‑to‑day care of a child or young person but is ordinarily made in the course of providing care for the child or young person (as prescribed in regulations); and ( c ) “category 3 matter” means a matter prescribed, being neither a category 1 matter nor a category 2 matter. [30/2019]


document_id: cypa-1993
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Administration and enforcement of Act
content:
3. —(1) [ Deleted by Act 30 of 2019 ] (2) The Director‑General is responsible for the administration and enforcement of this Act, subject to the general or special directions of the Minister. [30/2019] (3) The Director‑General may — ( a ) appoint any public officer; or ( b ) with the approval of the Minister, in writing authorise any other person, to perform any of the duties or exercise any of the powers of the Director‑General or a protector under this Act, subject to such conditions and limitations as may be specified by the Director‑General. [30/2019] (4) The Director‑General may appoint any suitably qualified person as an approved welfare officer to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act. [30/2019] (4A) The Director‑General may appoint any person as a volunteer welfare officer to exercise any of the powers mentioned in the First Schedule. [Act 30 of 2019 wef 01/11/2022] (5) The Director‑General and any public officer or other person appointed or authorised by the Director‑General under subsection (3), any approved welfare officer and any volunteer welfare officer are deemed to be public servants within the meaning of the Penal Code 1871. [30/2019] [Act 30 of 2019 wef 01/11/2022]


document_id: cypa-1993
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Principles
content:
4. The following principles apply for the purposes of this Act: ( a ) the parents or guardian of a child or young person are primarily responsible for the care and welfare of the child or young person and they should discharge their responsibilities to promote the welfare of the child or young person; and ( b ) in all matters relating to the administration or application of this Act, the welfare and best interests of the child or young person must be the first and paramount consideration. [3A [3/2011]


document_id: cypa-1993
provision_ref: s5
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 5
title: When child or young person in need of care or protection
content:
5. —(1) For the purposes of this Act, a child or young person is in need of care or protection if — ( a ) the child or young person has no parent or guardian; ( b ) the child or young person has been abandoned by his or her parent or guardian and despite reasonable inquiries the parent or guardian cannot be found, and no other suitable person is willing and able to exercise care or guardianship in respect of the child or young person; ( c ) the parent or guardian of the child or young person — (i) is unable or has neglected to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person; or (ii) is unfit or unable or has neglected to exercise proper supervision and control over the child or young person, and the child or young person is falling into bad association, or is exposed to moral danger, or is beyond control; ( d ) the child or young person has been, is being or is at risk of being ill‑treated — (i) by his or her parent or guardian; or (ii) by any other person, and his or her parent or guardian, although knowing of such ill‑treatment or risk, has not protected or is unlikely or unwilling to protect the child or young person from such ill‑treatment; ( e ) the child or young person needs to be examined, investigated or treated for the purpose of restoring or preserving his or her health or development and his or her parent or guardian neglects or refuses to have him or her so examined, investigated or treated; ( f ) the child or young person behaves in a manner that is, or is likely to be, harmful to himself or herself or to any person and — (i) his or her parent or guardian is unable or unwilling to take necessary measures to remedy the situation; or (ii) the remedial measures taken by the parent or guardian fail; ( g ) the child or young person suffers or is likely to suffer from emotional harm because the child or young person has been or is subject to emotional or psychological abuse by his or her parent or guardian; ( h ) the child or young person — (i) is a person in respect of whom a relevant offence has been or is believed to have been committed; or (ii) is a member of the same household as another child or young person in respect of whom a relevant offence has been or is believed to have been committed, and the child or young person appears to be in danger of a similar offence being committed against him or her, and either the person who committed or is believed to have committed the offence or who has been convicted of the offence is the parent or guardian of the child or young person or a member of the same household as the child or young person, or the parent or guardian of the child or young person is unable, unlikely or unwilling to protect the child or young person from such offence; or ( i ) the child or young person is found to be — (i) destitute or wandering without any settled place of abode and without visible means of subsistence; (ii) begging or receiving alms (whether or not there is any pretence of singing, playing, performing or offering anything for sale) or loitering for the purpose of so begging or receiving alms; (iii) engaged in carrying out illegal lotteries, illegal hawking, gambling or other undesirable activities; or (iv) using or inhaling any intoxicating substance (as defined in the Intoxicating Substances Act 1987) for the purpose of inducing or causing in himself or herself a state of intoxication. [3/2011; 30/2019] (2) Without limiting subsection (1)( g ), the circumstances in which a child or young person may be regarded as being subject to emotional or psychological abuse by his or her parent or guardian under that subsection include any of the following: ( a ) the parent or guardian subjects the child or young person to persistent acts of rejection or degradation that are harmful to the child’s or young person’s wellbeing or sense of self‑worth; ( b ) the parent or guardian threatens to physically hurt, kill or abandon the child or young person, or places the child or young person or a related person of the child or young person in any dangerous situation; ( c ) the parent or guardian isolates the child or young person by consistently denying opportunities for the child or young person to communicate with any person; ( d ) the parent or guardian confines the child or young person in any small space for the purpose of disciplining the child or young person; ( e ) the parent or guardian influences the child or young person to develop self‑destructive, anti‑social, criminal, deviant or other maladaptive behaviour; Illustrations ( a ) The parent or guardian models, permits or encourages anti‑social behaviour such as prostitution, performance in pornographic media, initiation of criminal activities, substance abuse or committing violence to any person. ( b ) The parent or guardian models, permits or encourages developmentally inappropriate behaviour by infantilising the child or young person. ( c ) The parent or guardian models, permits or encourages any other behaviour that would result in the exploitation or corruption of the child or young person. ( f ) the parent or guardian exposes the child or young person to, or places the child or young person at any risk of exposure to, any violence against a related person of the child or young person. [30/2019] (3) In this section, “related person”, in relation to a child or young person, means another person about whose safety or wellbeing the child or young person would reasonably be expected to be seriously concerned. [4 [30/2019]


document_id: cypa-1993
provision_ref: s6
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 6
title: Ill-treatment of child or young person
content:
6. —(1) A person shall be guilty of an offence if, being a person who has the custody, charge or care of a child or young person, he or she ill‑treats the child or young person or causes, procures or knowingly permits the child or young person to be ill‑treated by any other person. (2) For the purposes of subsection (1) — ( a ) a person ( A ) knowingly permits a child or young person ( B ) to be ill‑treated by another person ( C ) if A being a person who has the custody, charge or care of B , knows or has reason to believe that B was at risk of being ill‑treated by C , and failed to take such steps as A could reasonably have been expected in A ’s circumstances to take to protect B from that risk; and ( b ) A ’s circumstances mentioned in paragraph ( a ) include but are not limited to A ’s past or present experiences of being ill‑treated by C , if any. [15/2019] (3) For the purposes of this Act, a person ill‑treats a child or young person if that person, being a person who has the custody, charge or care of the child or young person — ( a ) subjects the child or young person to physical or sexual abuse; ( b ) wilfully or unreasonably does, or causes the child or young person to do, any act which endangers or is likely to endanger the safety of the child or young person or which causes or is likely to cause the child or young person — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional harm; or (iii) any injury to his or her health or development; or ( c ) wilfully or unreasonably neglects, abandons or exposes the child or young person with full intention of abandoning the child or young person or in circumstances that are likely to endanger the safety of the child or young person or to cause the child or young person — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional harm; or (iii) any injury to his or her health or development. [30/2019] (4) For the purpose of subsection (3)( c ), the parent or guardian of a child or young person is deemed to have neglected the child or young person in a manner likely to cause him or her physical pain, suffering or injury or emotional harm or injury to his or her health or development if the parent or guardian wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for the child or young person. [30/2019] (5) A person may be convicted of an offence under this section despite — ( a ) that any actual suffering or injury on the part of the child or young person or the likelihood of any suffering or injury on the part of the child or young person was obviated by the action of another person; or ( b ) the death of the child or young person in respect of whom the offence is committed. (6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction — ( a ) in the case where death is caused to the child or young person, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and ( b ) in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both. [15/2019] (7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring such person to undergo such counselling, psychotherapy or other programme as may be specified therein. (8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of such bond, the person must — ( a ) if such bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or ( b ) if such bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both. [5


document_id: cypa-1993
provision_ref: s7
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 7
title: Contribution to delinquency of child or young person
content:
7. —(1) Any person who causes or procures any child or young person or, having the custody, charge or care of a child or young person, allows that child or young person to be in any place for the purpose of — ( a ) begging or receiving alms, or of inducing the giving of alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or ( b ) carrying out of illegal hawking, illegal lotteries, gambling or other illegal activities or activities detrimental to the health or welfare of the child or young person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [3/2011; 30/2019] (2) If a person having the custody, charge or care of a child or young person is charged with an offence under this section and it is proved that the child or young person was in any place for any such purpose and that the person charged allowed the child or young person to be in the place, the person is presumed to have allowed the child or young person to be in the place for that purpose unless the contrary is proved. [6 [3/2011]


document_id: cypa-1993
provision_ref: s8
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 8
title: Sexual exploitation of child or young person
content:
8. —(1) A person shall be guilty of an offence if — ( a ) the person, in public or private — (i) commits or abets the commission of; or (ii) procures or attempts to procure the commission by another person of, any obscene or indecent act with any child or young person below 16 years of age; or ( b ) the person, in public or private, procures or attempts to procure the commission of any obscene or indecent act by any child or young person below 16 years of age. [30/2019] (2) A person ( A ) shall be guilty of an offence if — ( a ) A , in public or private — (i) commits or abets the commission of; or (ii) procures or attempts to procure the commission by another person of, any obscene or indecent act with any young person ( B ) of 16 years of age or older but below 18 years of age; and ( b ) either — (i) B does not consent to the obscene or indecent act; or (ii) A is in a relationship that is exploitative of B . [30/2019] (3) A person ( A ) shall be guilty of an offence if A , in public or private — ( a ) procures or attempts to procure the commission of any obscene or indecent act by any young person ( B ) of 16 years of age or older but below 18 years of age; and ( b ) either — (i) B does not consent to the obscene or indecent act; or (ii) A is in a relationship that is exploitative of B . [30/2019] (4) For the purposes of subsections (2)( b )(i) and (3)( b )(i), it is a defence that A , by reason of mistake of fact or in ignorance of a fact in good faith, believed that B had consented to that obscene or indecent act. [30/2019] (5) For the purposes of subsections (2)( b )(ii) and (3)( b )(ii), it is not necessary for the prosecution to prove that B did or did not consent to the obscene or indecent act mentioned in subsection (2)( a ) or (3)( a ), as the case may be. [30/2019] (6) In deciding whether an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative of the young person for the purposes of subsections (2) and (3), the court is to have regard to all of the following: ( a ) the age of the minor; ( b ) the difference between the age of the accused and the young person; ( c ) the nature of the relationship; ( d ) the degree of control or influence exercised by the accused over the young person. [30/2019] (7) To avoid doubt, the court is not confined to consideration of the matters specified in subsection (6) and may take into account such other matters and evidence as may be relevant in the circumstances of each case. [30/2019] (8) For the purposes of subsection (6) and subject to subsection (9), it is presumed until the contrary is proved that an accused’s relationship with a young person of 16 years of age or older but below 18 years of age is exploitative where the relationship is any of the following: ( a ) the accused is a parent, step‑parent, guardian or foster parent of the young person; ( b ) the accused is the de facto partner of a parent, guardian or foster parent of the young person; ( c ) the accused is a member of the teaching or management staff of the school or educational institution at which the young person is a student; ( d ) the accused has an established personal relationship with the young person in connection with the provision of religious, sporting, musical or other instruction to the young person; ( e ) the accused is a custodial officer of an institution in which the young person is detained; ( f ) the accused is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the young person is a patient of the accused; ( g ) the accused is an advocate and solicitor or a counsellor and the young person is a client of the accused. [30/2019] (9) However, the presumption in subsection (8) does not apply to a person who is lawfully married to a young person of 16 years of age or older but below 18 years of age even though the relationship may fall within any of the relationships mentioned in subsection (8). [30/2019] (10) Any person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) if the offence committed involves a child other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both; and ( b ) if the offence committed involves a young person other than as an accused, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both. [30/2019] (11) Any person who is guilty of an offence under subsection (2) or (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both or, if the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 7 years or to both. [30/2019] (12) In subsections (10) and (11), “repeat offender”, in relation to an offence under subsection (1)( a ) or ( b ), (2) or (3), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of — ( a ) an offence under subsection (1)( a ) or ( b ), (2) or (3); [Act 23 of 2021 wef 01/03/2022] ( b ) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 20 July 2011 and 30 June 2020 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] ( c ) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 1 February 2008 and 19 July 2011 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] ( d ) an offence under the repealed section 7 of the Children and Young Persons Act (Cap. 38, 2001 Ed.) as in force between 31 December 2001 and 31 January 2008 (both dates inclusive); [Act 23 of 2021 wef 01/03/2022] ( e ) an offence under the repealed section 6 of the Children and Young Persons Act (Cap. 38, 1994 Ed.) as in force between 15 March 1994 and 30 December 2001 (both dates inclusive); or [Act 23 of 2021 wef 01/03/2022] ( f ) an offence under the repealed section 6 of the Children and Young Persons Act 1993 (Act 1 of 1993) as in force between 21 March 1993 and 14 March 1994 (both dates inclusive), on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. [7 [30/2019] [Act 23 of 2021 wef 01/03/2022]


document_id: cypa-1993
provision_ref: s9
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 9
title: Power to obtain and communicate information
content:
9. —(1) The Director‑General or a protector may exercise the powers conferred by subsection (2) for any of the following purposes: ( a ) the Director‑General or protector has reasonable grounds to believe that a relevant offence has been, is being or will be committed against a child or young person, and the Director‑General or protector has reason to believe that a particular person can provide any information regarding the commission of the relevant offence; ( b ) the Director‑General or protector has reasonable grounds to believe that a child or young person is in need of care or protection, and the Director‑General or protector has reason to believe that a particular person can provide any information which will assist him or her in ascertaining — (i) whether the child or young person is in need of care or protection; and (ii) the nature of care or protection that the child or young person needs; ( c ) where a child or young person ( A ) is the subject of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4), and the Director‑General or protector has reason to believe that a particular person can provide any information — (i) relating to the suitability of the fit person to whom, or the place of safety or place of temporary care and protection to which, A is committed; (ii) relating to the standard of care, protection and supervision that A or any other child or young person who is a member of A ’s household, is receiving; (iii) that will assist the Director‑General or protector in formulating a proper care plan to cater to A ’s safety and sense of wellbeing; or (iv) that will assist the Director‑General or protector in exercising any power or carrying out any duty under the Act with respect to A or any other child or young person who is a member of A ’s household; ( d ) where upon the termination of a voluntary care agreement or an order made under section 54(1) or 56(2), section 57 (read with section 56) or section 59(4) for a child or young person ( B ), B is returned to the care and custody of B ’s parent or guardian, and the Director‑General or protector has reason to believe that a particular person can provide any information relating to the welfare and safety of B or any other child or young person who is a member of B ’s household. [30/2019] (2) The Director‑General or protector may, by written order — ( a ) require the particular person mentioned in subsection (1)( a ), ( b ), ( c ) or ( d ) to provide to the Director‑General or protector the information within the time and manner specified in the order; or ( b ) require a person given the order to appear before and provide to the Director‑General or protector the information within the time and manner specified in the order. [30/2019] (3) The Director‑General or a protector may communicate any information about a child or young person (whether or not obtained under this section) including a photograph of the child or young person, to any of the following person or persons for a relevant purpose: ( a ) another protector or any other person assisting the Director‑General or protector in the administration of this Act in respect of the child or young person; ( b ) any other person or class of persons as may be prescribed. [30/2019] (4) No liability shall lie personally against a person for providing any information under subsection (2), or communicating any information under subsection (3). [30/2019] (5) An individual cannot rely on — ( a ) the common law privilege against self‑incrimination or exposure to the imposition of a penalty; or ( b ) any rule of law relating to legal professional privilege or any other privilege, or the public interest, to refuse to provide the information required under subsection (2) by the Director‑General or protector, as the case may be. [30/2019] (6) However, any information is not admissible in evidence against the individual in any criminal proceeding other than a proceeding for an offence under section 26( b ) or section 177 of the Penal Code 1871, if the information might in fact tend to incriminate the individual. [30/2019] (7) In this section, “relevant purpose” means either of the following: ( a ) a purpose mentioned in subsection (1)( a ), ( b ), ( c ) or ( d ); ( b ) for a child or young person who is the subject of — (i) a voluntary care agreement; (ii) an order made under section 54(1)( b ) read with section 55; (iii) an order made under section 56(2) read with section 58; or (iv) an order made under section 57 read with sections 56 and 58, to enable the Director‑General, a protector or a care‑giver of the child or young person to make a decision on a matter relating to the child or young person and to give effect to such decision. [8 [30/2019]


document_id: cypa-1993
provision_ref: s10
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 10
title: Power to order child or young person to be produced for assessment or treatment, etc.
content:
10. —(1) Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may by written notice order any person to — ( a ) produce the child or young person before the Director‑General, protector or police officer at a specified time and place; or ( b ) produce the child or young person before a registered medical practitioner, a psychologist or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary, following which the Director‑General, protector or police officer may, if he or she thinks necessary, remove the child or young person and commit the child or young person to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Youth Court to be dealt with under section 54. [30/2011; 27/2014; 30/2019] (2) For the purposes of this section and sections 11 and 12, a reference to a police officer is a reference to a police officer not below the rank of sergeant. [8A [3/2011]


document_id: cypa-1993
provision_ref: s11
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 11
title: Power to remove child or young person to place of temporary care and protection, etc.
content:
11. —(1) Where the Director‑General, a protector or a police officer is satisfied on reasonable grounds that a child or young person is in need of care or protection, the Director‑General, protector or police officer may without warrant and with such assistance and by such force as is necessary, by day or by night enter any place in which the child or young person is to be found and — ( a ) remove the child or young person and commit him or her to a place of temporary care and protection or to the care of a fit person until the child or young person can be brought before a Youth Court to be dealt with under section 54; or ( b ) remove the child or young person and, before committing him or her to a place of temporary care and protection or to the care of a fit person under paragraph ( a ), present the child or young person before a registered medical practitioner, a psychologist or an approved welfare officer for an assessment or for any medical or other treatment as may be necessary. [3/2011; 27/2014; 30/2019] (2) Subject to subsection (3), every child or young person who is removed by the Director‑General, a protector or a police officer under section 10 or this section must, unless he or she is sooner returned to the custody of his or her parent or guardian, be brought before a Youth Court within 3 working days from the date of his or her being so removed in order that he or she may be dealt with under section 54. [3/2011; 27/2014; 30/2019] (3) If for any reason it is not possible for the child or young person to be brought before a Youth Court within the time specified in subsection (2) — ( a ) the Director‑General, protector or police officer (as the case may be) who removed the child or young person under subsection (1) must, within 3 working days from the date of the removal of the child or young person, inform the Youth Court of the removal and the reason for which it is not possible to comply with subsection (2); and ( b ) the Youth Court may make such order as the circumstances may admit and require in relation to the custody, charge and care of the child or young person until such time as the child or young person may be brought before the Youth Court. [3/2011; 27/2014; 30/2019] (4) Where the Director‑General or a protector is of the view that any contact or access between the child or young person removed under subsection (1) and any other person is not in the best interests of the child or young person, the Director‑General or protector may order that — ( a ) the other person concerned must not make any contact or have access to the child or young person during the period before the child or young person is brought before the Youth Court under subsection (2); or ( b ) the other person concerned may only have contact or access to the child or young person subject to such conditions as the Director‑General or protector may impose. [9 [3/2011; 27/2014; 30/2019]


document_id: cypa-1993
provision_ref: s12
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 12
title: Assessment, examination and treatment of child or young person, etc.
content:
12. —(1) A registered medical practitioner, a psychologist or an approved welfare officer to whom a child or young person is brought under section 10 or 11 — ( a ) must conduct the requisite assessment of the child or young person and report his or her assessment to the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment; and ( b ) may, with the consent of the parent or guardian of the child or young person or, if such consent cannot be obtained or if there is immediate risk to the health of the child or young person, with the authorisation of the Director‑General, protector or police officer — (i) administer or cause to be administered to the child or young person such procedures and tests as may be necessary to diagnose the condition of the child or young person; and (ii) provide or cause to be provided to the child or young person such treatment (including any surgical treatment) as the registered medical practitioner, psychologist or approved welfare officer considers necessary as a result of his or her assessment or diagnosis. [3/2011; 30/2019] (2) If the registered medical practitioner, psychologist or approved welfare officer conducting the assessment of the child or young person under subsection (1) believes on reasonable grounds that the child or young person is suffering from any physical pain, suffering or injury, or emotional harm or injury to his or her health or development as a result of being ill‑treated, the registered medical practitioner, psychologist or approved welfare officer must immediately notify the Director‑General, protector or police officer (as the case may be) who presented the child or young person for assessment. [3/2011; 30/2019] (3) Section 115 applies to a registered medical practitioner, a psychologist or an approved welfare officer who makes a notification under this section as if it were a notification made under section 115(1). [3/2011] (4) If the registered medical practitioner conducting the assessment of the child or young person under this section is of the opinion that the hospitalisation of the child or young person is necessary for the purpose of treating the child or young person, the Director‑General, protector or police officer may authorise the hospitalisation of the child or young person. [9A [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s13
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 13
title: Warrant to search for or remove child or young person
content:
13. —(1) If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him or her to a place of temporary care and protection until he or she can be brought before a Youth Court to be dealt with under section 54. [3/2011; 27/2014] (2) A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of temporary care and protection, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary. [3/2011] (3) Sections 11(2), (3) and (4) and 12(1) to (4) apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under section 11. [3/2011] (4) A Magistrate’s Court issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the child or young person to be apprehended and brought before the Court and proceedings to be taken against that person according to law. (5) Any police officer authorised by warrant under this section to search for any child or young person or to remove any child or young person, with or without search, may enter, by the use of force if necessary, any house, building or other place specified in the warrant and may remove the child or young person therefrom. (6) Every warrant issued under this section — ( a ) must be addressed to and executed by a police officer who must be accompanied by the person laying the information, if that person so desires, unless the Magistrate’s Court by which the warrant is issued otherwise directs; and ( b ) may, if the Court by which the warrant is issued so directs, also be accompanied by a registered medical practitioner appointed by the Director‑General for the purpose. [30/2019] (7) It is not necessary in any information or warrant under this section to name the child or young person, but, in such case, the child or young person must be described as particularly as the knowledge of the informant or the Magistrate’s Court permits. [10


document_id: cypa-1993
provision_ref: s14
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 14
title: Restrictions on children and young persons taking part in public entertainment
content:
14. —(1) No child or young person may take part in any public entertainment — ( a ) which is of an immoral nature; ( b ) which is dangerous to life or prejudicial to the health, physical fitness and kind treatment of the child or young person; or ( c ) without the consent of his or her parent or guardian. (2) Any person who causes or procures such a child or young person, or being his or her parent or guardian allows the child or young person, to take part in any public entertainment in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [3/2011] (3) If the person convicted under subsection (2) is the holder of a licence under the Public Entertainments Act 1958, the court may also order the cancellation of the licence or its suspension for such period as the court may think fit. [28/2017] (4) In this section — “entertainment” includes an exhibition or performance; “public entertainment” means an entertainment to which the public or any section of the public is admitted or in connection with which a charge, whether for admission or otherwise, is made. [11


document_id: cypa-1993
provision_ref: s15
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 15
title: Voluntary care agreements
content:
15. —(1) The Director‑General may enter into a voluntary care agreement — ( a ) with both the parents of a child or young person; or ( b ) where a child or young person has one or more guardians, with all the guardians, subject to such conditions as may be prescribed, if the Director‑General is of the view that the voluntary care agreement will promote the welfare of the child or young person. [30/2019] (2) Despite subsection (1), where any parent or guardian of a child or young person — ( a ) cannot be contacted by the Director‑General after reasonable attempts have been taken to contact the parent or guardian; or ( b ) is incapable or unwilling to decide whether or not to enter into a voluntary care agreement, the Director‑General may enter into a voluntary care agreement in respect of the child or young person with the other parent, or guardian or guardians, as the case may be. [30/2019] (3) The Director‑General may extend the validity period of the voluntary care agreement by up to 3 years without the consent of both the parents or all the guardians of the child or young person (whether the voluntary care agreement was entered before, on or after 1 July 2020, if — ( a ) the voluntary care agreement expires in less than one month unless it is extended; ( b ) either — (i) both the parents or all the guardians of the child or young person cannot be contacted by the Director‑General despite reasonable attempts by the Director‑General to do so; or (ii) both the parents or all the guardians of the child or young person are incapable or unwilling to decide whether or not to extend the voluntary care agreement; and ( c ) the Director‑General is of the view that it is in the best interests of the child or young person to extend the validity period of the voluntary care agreement. [30/2019] (4) A voluntary care agreement in respect of a child or young person may be terminated by — ( a ) the Director‑General giving written notice to the parent or parents, or guardian or guardians who are party to the voluntary care agreement; ( b ) any parent or guardian who is a party to the voluntary care agreement giving written notice to the Director‑General; or ( c ) the parent or guardian who is not a party to the voluntary care agreement, giving written notice to the Director‑General and the other parent or guardian or guardians. [30/2019] (5) The voluntary care agreement in respect of which one or more written notices mentioned in subsection (4) are given terminates on the expiry of the prescribed period after the date of the service of the notice on the last person. [11A [30/2019] Trafficking in children and young persons [30/2019]


document_id: cypa-1993
provision_ref: s16
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 16
title: Unlawful transfer of possession, custody or control of child or young person
content:
16. —(1) Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of a child or young person for any valuable consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 4 years. [30/2019] (2) Every person who, without lawful authority or excuse, harbours or has in his or her possession, custody or control any child or young person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Singapore 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 5 years or to both. [3/2011; 30/2019] (3) It is a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or young person or the legal guardian of the child or young person, was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the marriage or adoption. [30/2019] (4) In this section, “legal guardian”, in relation to a child or young person, means a person lawfully appointed by deed or will or by the order of a competent court to be the guardian of that child or young person. [12


document_id: cypa-1993
provision_ref: s17
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 17
title: Importation of child or young person by false pretences
content:
17. Any person who, by or under any false pretence, false representations or fraudulent or deceitful means made or used either within or outside Singapore, brings or assists in bringing any child or young person into Singapore 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 5 years or to both. [13 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s18
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 18
title: Power to examine children and persons in charge of them
content:
18. —(1) The Director‑General, a protector or any person authorised in that behalf by the Director‑General or a protector in writing may require any child or young person and any person who may appear to have the custody or control of the child or young person to appear before the Director‑General or protector at any reasonable time and at any convenient place. [30/2019] (2) The Director‑General or a protector may examine the child or young person as to his or her reasons for entering or being in Singapore and may examine the person respecting the child or young person, and the child or young person and that person are legally bound to answer such questions truthfully to the best of their ability. [14 [30/2019]


document_id: cypa-1993
provision_ref: s19
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 19
title: Consent to marriage
content:
19. No female below 18 years of age who is or has been detained or in respect of whom a bond or security has been taken under the provisions of this Act may contract any form of marriage without the previous written consent of a protector. [15


document_id: cypa-1993
provision_ref: s20
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 20
title: Power of Director‑General and protector to require security
content:
20. If the Director-General or a protector has reasonable cause to believe that any child or young person — ( a ) has been brought into Singapore either after having been transferred for valuable consideration or by fraud, misrepresentation or any false pretence; ( b ) has been transferred to the custody or control of any person for valuable consideration either within or outside Singapore; ( c ) is being detained against his or her will by some person other than his or her parents or lawful guardian; or ( d ) is a trafficked victim, as defined in section 2 of the Prevention of Human Trafficking Act 2014, the Director‑General or protector may either — ( e ) order any person in whose custody or under whose control the child or young person appears to be — (i) to furnish him or her with copies of the photographs of the child or young person and the photographs of that person; and (ii) to furnish security to his or her satisfaction that the child or young person will not leave Singapore without the previous written consent of the Director‑General or protector (as the case may be), and that the child or young person will be produced before the Director‑General or protector (as the case may be) whenever he or she requires it; or ( f ) in the first instance, or if default be made in complying with any order made under sub‑paragraph ( e ), order that the child or young person be taken out of the custody of the person in whose care, custody or control the child or young person is and commit the child or young person to a place of temporary care and protection or, on such security and on such conditions as the Director‑General or protector (as the case may be) may require, to the custody of a relative or other fit person until the child or young person attains 18 years of age or for any shorter period. [16 [3/2011; 45/2014; 30/2019]


document_id: cypa-1993
provision_ref: s21
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 21
title: Inspection
content:
21. —(1) A protector or any officer generally or specially authorised in that behalf in writing by a protector may at any time visit and inspect the place where any child or young person in respect of whom security has been furnished under section 20 lives or is believed to live or to be. (2) The protector or any such officer may inquire into the condition and circumstances of the child or young person and for the purposes of the inquiry, the protector or such officer may require any person to answer any question he or she may think proper to ask and that person is legally bound to answer such questions truthfully to the best of that person’s ability. (3) Any person who obstructs or hinders or attempts to obstruct or hinder a protector or any such officer in the exercise of the powers conferred by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [17 [3/2011]


document_id: cypa-1993
provision_ref: s22
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 22
title: Powers of arrest
content:
22. The Director‑General or a protector may, during or after any inquiry referred to in section 9, 18 or 21, arrest or cause to be arrested any person reasonably believed to have committed an offence under section 6, 8, 16 or 17 and seize and detain any article or document which he or she may have reason to believe relates to the offence. [18 [30/2019] General


document_id: cypa-1993
provision_ref: s23
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 23
title: Powers of entry, etc., for enforcement purpose
content:
23. —(1) The Director‑General, a protector or any officer generally or specially authorised in that behalf in writing by the Director‑General or a protector may, for an enforcement purpose, do all or any of the following: ( a ) enter, and for that purpose, use such force as may be reasonably necessary, and search any premises where he or she has reasonable cause to suspect that an offence under this Act has been or is being committed; ( b ) take any document or other thing at the premises mentioned in paragraph ( a ), if the Director‑General, protector or authorised officer considers it necessary to do so for the purpose of obtaining evidence of an offence under this Act; ( c ) photograph or film, or make audio recordings or make sketches, of any part of the premises mentioned in paragraph ( a ) or anything at the premises or of any person whom the Director‑General, protector or authorised officer reasonably believes is acquainted with any facts or circumstances relevant to the enforcement purpose; ( d ) photograph any child or young person who is found at the premises mentioned in paragraph ( a ) or anywhere else, and whom the Director‑General, protector or authorised officer is satisfied on reasonable grounds that the child or young person is in need of care or protection. [30/2019] (2) In this section, “enforcement purpose” means — ( a ) ensuring that the provisions of this Act are being complied with; or ( b ) investigating an offence under this Act or a contravention of a provision under this Act. [19 [30/2019]


document_id: cypa-1993
provision_ref: s23A
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 23A
title: Power to record, etc.
content:
23A. —(1) A relevant person may take photographs, or make an audio or video recording of any person, place or thing if the relevant person reasonably believes that the taking of the photographs or the making of the recording is relevant to and necessary for the exercise of the relevant person’s functions under this Act. (2) In this section, “relevant person” means the Director‑General, a public officer or any other person appointed or authorised by the Director‑General under section 3(3), or an approved welfare officer. [Act 21 of 2023 wef 02/01/2025]


document_id: cypa-1993
provision_ref: s24
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 24
title: When court may try offence
content:
24. No court may try any offence punishable under this Act except with the consent of the Public Prosecutor or a Deputy Public Prosecutor or upon a complaint made by — ( a ) the Director‑General or a protector; ( b ) a Justice of the Peace; ( c ) a police officer not below the rank of sergeant; or ( d ) any other person authorised in writing by the Minister, the Director‑General or a protector, either by name or office, to make complaint of any offence under this Act. [20 [15/2010; 30/2019]


document_id: cypa-1993
provision_ref: s25
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 25
title: Court may determine and declare age of child or young person
content:
25. —(1) Where, in any proceedings under this Act, a person is alleged to be a child or young person, the court may, after making such inquiry as it thinks fit as to the age of that person, determine and declare his or her age. (2) For the purposes of this Act, the age declared by the court under subsection (1) is deemed to be the true age of that person, unless the contrary is proved, in the same or any subsequent proceedings brought in relation to that person. (3) Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it is a defence to prove that the person was actually of, or above, that age. [21


document_id: cypa-1993
provision_ref: s26
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 26
title: Offences and penalties
content:
26. Any person who — ( a ) refuses to answer, to the best of his or her knowledge and belief, any question which he or she is legally bound to answer and which is asked of him or her by any officer appointed or authorised under this Act; ( b ) makes, signs or delivers or causes to be made, signed or delivered any wilfully false or incorrect notification, report or statement; ( c ) refuses to allow an officer appointed or authorised under this Act such entry or access to any place as he or she is required by this Act to allow; or ( d ) contravenes any order made by the Director‑General or a protector under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [22 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s27
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 27
title: Certificate of Director‑General or protector to be evidence
content:
27. A certificate purporting to be under the hand of the Director‑General or a protector as to any entry in a register or any other record or as to any matter or thing which he or she is authorised by this Act to make or to do is prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or not done. [23 [30/2019]


document_id: cypa-1993
provision_ref: s28
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 28
title: Maintenance of child or young person when committed to care of any person
content:
28. —(1) Where under this Act a child or young person is committed to the care of any person — ( a ) that person, while the order of committal is in force, has the like control over the child or young person as if that person were the parent of the child or young person and is responsible for the maintenance of the child or young person; and ( b ) the child or young person continues in the care of that person even though the child or young person is claimed by his or her parent or guardian or any other person. (2) Any person who — ( a ) without lawful authority removes a child or young person from the custody of the person to whose care the child or young person has been committed under this Act; ( b ) knowingly assists or induces, directly or indirectly, a child or young person to escape from the person to whose care he or she has been committed under this Act; or ( c ) knowingly — (i) harbours or conceals a child or young person who has escaped from the person to whose care he or she has been committed under this Act; (ii) prevents such child or young person from returning to the person to whose care he or she has been committed under this Act; or (iii) assists any other person in doing any of the acts mentioned in sub‑paragraphs (i) and (ii), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [3/2011] (3) For the purposes of this section, a child or young person who, under this Act, is committed or sent to a juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection is deemed to have been committed to the care of the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home, place of detention or place of temporary care and protection, as the case may be. [24 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s29
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 29
title: Contribution orders by Director‑General or protector
content:
29. —(1) Where an order has been made by the Director‑General or a protector under section 20( f ), the Director‑General or protector may at the time of or subsequent to the making of the order make a further order (called in this section a contribution order) requiring the parent or guardian or the person having the custody of the child or young person at the time of the making of the contribution order to contribute such weekly or monthly sum as the Director‑General or protector, having regard to the means of the parent or guardian, thinks fit for the maintenance of the child or young person. [30/2019] (2) It is the duty of the parent or guardian or other person to comply with the terms of a contribution order made by the Director‑General or a protector, as the case may be. [30/2019] (3) The Director‑General or a protector must not make a contribution order without giving the person ordered to contribute an opportunity to be heard. [30/2019] (4) A contribution order made by the Director‑General or a protector remains in force for so long as the committal order in respect of the child or young person is in force except that such order — ( a ) may be varied, revoked or suspended by the Director‑General or protector, as the case may be; but ( b ) must not be so varied as to increase any contribution payable thereunder without giving the person making the contribution an opportunity to be heard. [30/2019] (5) If any person wilfully neglects to comply with a contribution order made by the Director‑General or a protector under this section, a court may, for every breach of the order, by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court, or may sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid. [25 [30/2019]


document_id: cypa-1993
provision_ref: s30
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 30
title: Powers of District Court
content:
30. Any power exercisable by a Magistrate’s Court under this Part may also be exercised by a District Court. [26


document_id: cypa-1993
provision_ref: s31
chapter: PART 2 - PROTECTION OF CHILDREN AND YOUNG PERSONS
section: 31
title: Provision of places of temporary care and protection
content:
31. The Minister may designate any orphanage, hospital, home for children and young persons, institution or other place to be a place of temporary care and protection for the purposes of this Act. [27 [30/2019]


document_id: cypa-1993
provision_ref: s32
chapter: PART 2A - FOSTERING
section: 32
title: Committee on Fostering
content:
32. —(1) The Minister may establish a Committee on Fostering consisting of such persons as the Minister thinks fit. [30/2019] (2) The members of the Committee on Fostering may be appointed by the Minister for such period as the Minister determines. [30/2019] (3) The functions of the Committee on Fostering are — ( a ) to periodically review cases where a child or young person is committed to the care of a foster parent under a voluntary care agreement or an order made under section 54(1)( b ) or 56(2), or section 57 read with section 56; and ( b ) to advise the Director‑General or a protector on — (i) whether a proper care plan is implemented by the foster parent for the child or young person; and (ii) if so, whether the foster parent is providing care, protection and supervision to the child or young person in accordance with the proper care plan. [30/2019] (4) In this section, “proper care plan” means a plan for the care of a child or young person which — ( a ) is formulated by the Director‑General; or ( b ) if formulated by a protector or an approved welfare officer, meets such requirements as may be specified by the Director‑General. [27B [30/2019]


document_id: cypa-1993
provision_ref: s33
chapter: PART 2A - FOSTERING
section: 33
title: Disclosure of information on child or young person by foster parent
content:
33. A foster parent of a child or young person may disclose any information relating to the child or young person to any person (whether with or without the consent of any parent or guardian of the child or young person) if the disclosure is necessary — ( a ) for the care, protection and supervision of the child or young person; or ( b ) to enable the foster parent to claim the following where the foster parent is eligible: (i) childcare leave or extended childcare leave under section 12B of the Child Development Co‑Savings Act 2001; (ii) unpaid infant care leave under section 12D of the Child Development Co‑Savings Act 2001; (iii) childcare leave under section 87A of the Employment Act 1968. [27C [30/2019]


document_id: cypa-1993
provision_ref: s34
chapter: PART 3 - YOUTH COURT
section: 34
title: General consideration
content:
34. —(1) Every court in dealing with a child or young person who is brought before it, either as being in need of care or protection, or as an offender or otherwise, is to do the following: ( a ) in a proper case, take steps for removing the child or young person from undesirable surroundings, and for securing that proper provision is made for the education or training of the child or young person; ( b ) facilitate the protection and rehabilitation of the child or young person, and his or her reintegration with his or her family and with society; ( c ) have regard to the needs of, and risks faced by, the child or young person, and facilitate the prevention of — (i) any recurrence of ill‑treatment of the child or young person; or (ii) any contravention or further contravention of any written law by the child or young person. [30/2019] (2) A court is not to order a child below 10 years of age to be sent to a juvenile rehabilitation centre, remand home or place of detention unless for any reason, including the want of a fit person of his or her own religious persuasion who is willing to undertake the care of him or her, the court is satisfied that he or she cannot suitably be dealt with otherwise. [28 [3/2011]


document_id: cypa-1993
provision_ref: s35
chapter: PART 3 - YOUTH COURT
section: 35
title: Children and young persons not to associate with adult offenders
content:
35. No child or young person while detained in a police station or while being conveyed to or from any court, or while waiting before or after attending in any criminal court, may be permitted to associate with an adult (not being a relative) who is charged with an offence other than an offence with which the child or young person is jointly charged. [29


document_id: cypa-1993
provision_ref: s36
chapter: PART 3 - YOUTH COURT
section: 36
title: Bail of children and young persons arrested
content:
36. —(1) Where a person apparently below 18 years of age is arrested with or without warrant and he or she is not released, he or she must be brought before a Youth Court. [3/2011; 27/2014] [Act 30 of 2019 wef 30/12/2025] (2) Where the person cannot be brought immediately before a Youth Court as required under subsection (1), the police officer or other officer from a law enforcement agency making the arrest must, without unnecessary delay and within 48 hours after the person is arrested, take or send the person arrested before a Magistrate. [3/2011; 27/2014; 30/2019] (3) The Youth Court or Magistrate (as the case may be) before whom a person is brought under subsection (1) or (2) is to inquire into the case and is to determine whether — ( a ) the charge is one of an offence triable only by the General Division of the High Court; ( b ) it is necessary in the interest of the person to remove him or her from association with any undesirable person; ( c ) the person is likely to abscond; ( d ) the person may commit further offences; ( e ) it is necessary to — (i) prevent the loss or destruction of evidence relating to the offence with which the person is charged; or (ii) prevent interference with any witness in respect of any such offence; or ( f ) there is reason to believe that the release of that person would otherwise defeat the ends of justice. [3/2011; 27/2014; 40/2019] (4) If none of the circumstances referred to in subsection (3) exist, the Youth Court or Magistrate is to release the person on a bond, with or without sureties, for such amount as will, in the opinion of the Youth Court or Magistrate, secure the attendance of the person upon the hearing of the charge. [3/2011; 27/2014] (5) The bond must be entered into by the parent or guardian of the person or any other person responsible for the care and control of the person. [30 [3/2011]


document_id: cypa-1993
provision_ref: s37
chapter: PART 3 - YOUTH COURT
section: 37
title: Attendance at court of parent or guardian of child or young person charged with offence, etc.
content:
37. —(1) Subject to subsection (2), where a child or young person is charged with any offence or is brought before a court under the provisions of this Act or any other Act — ( a ) his or her parent or guardian must, unless the court otherwise orders, attend before the court during all stages of the proceedings; and ( b ) the court may compel the attendance of the parent or guardian as if he or she were required as a witness in the proceedings. (2) If it appears to a court to be necessary to do so in the interest of a child or young person, the court may require his or her parent or guardian to withdraw from the court. [31


document_id: cypa-1993
provision_ref: s38
chapter: PART 3 - YOUTH COURT
section: 38
title: Constitution of Youth Court
content:
38. —(1) A judge of a Youth Court, when determining the method of dealing with a child or young person in respect of whom a written report is obtained by the Youth Court regarding his or her background, family history, school record or such other matters, is to sit with 2 advisers from a panel of advisers appointed by the President except that where it appears that the Court cannot without adjournment be fully constituted and that an adjournment would be inexpedient in the interests of justice, the judge may sit with one adviser or he or she may sit alone. [27/2014; 30/2019] (2) The function of the panel of advisers referred to in subsection (1) is to inform and advise the Youth Court with respect to — ( a ) any matter or consideration which may affect the treatment of any child or young person; or ( b ) any order that may be made in respect of any child or young person brought before the Youth Court. [3/2011; 27/2014] (3) Except as modified or extended by this Act, the provisions of the Criminal Procedure Code 2010 apply to a Youth Court as if that Court were a District Court. [32 [27/2014]


document_id: cypa-1993
provision_ref: s39
chapter: PART 3 - YOUTH COURT
section: 39
title: Jurisdiction of Youth Court
content:
39. —(1) Subject to the provisions of this section, no child or young person may be charged with or tried for any offence by a court of summary jurisdiction except a Youth Court. [27/2014] (2) Where a child or young person is charged with any offence triable only by the General Division of the High Court, he or she must be tried by the General Division of the High Court unless — ( a ) the Public Prosecutor applies to the Youth Court to try such offence; and ( b ) the legal representative of the child or young person concerned consents to the offence being tried by the Youth Court. [27/2014; 40/2019] (2A) Where a young person of 16 years of age or older but below 18 years of age is charged with an offence (called in this subsection the relevant offence) that — ( a ) is specified in the Second Schedule; or ( b ) is similar to another offence of which the young person had previously been found guilty on or after the date of commencement of section 4(1)( a ) of the Statutes (Miscellaneous Amendments) Act 2022, the young person is to be tried for the relevant offence by another court of appropriate jurisdiction instead of a Youth Court, if — ( c ) the Youth Court transmits the case in accordance with subsection (2C); or ( d ) the Youth Court, on its own motion, is of the opinion that the young person ought to be tried in that other court of appropriate jurisdiction. [Act 31 of 2022 wef 30/12/2025] (2B) Where the Public Prosecutor is of the opinion that the young person mentioned in subsection (2A) must or ought to be tried in another court of appropriate jurisdiction instead of a Youth Court, the Public Prosecutor must, by fiat in writing signed personally, designate that other court of appropriate jurisdiction to try the young person. [Act 31 of 2022 wef 30/12/2025] (2C) A Youth Court, on receipt of the fiat mentioned in subsection (2B) together with the charge, is to — ( a ) cause the charge to be read and explained to the young person; ( b ) transmit the case to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial; and ( c ) order that the young person be remanded in custody until and during the trial, unless the young person is released on bail. [Act 31 of 2022 wef 30/12/2025] (2D) To avoid doubt, a Youth Court can continue to exercise powers under section 36 in relation to a case that has been transmitted under subsection (2C) to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial. [Act 31 of 2022 wef 30/12/2025] (2E) If a child or young person is charged with offence A (not being an offence triable only by the General Division of the High Court) that may be tried together with offence B , and offence B is to be tried by the General Division of the High Court under subsection (2), then offence A may be heard and tried by the General Division of the High Court. [Act 21 of 2025 wef 30/12/2025] (2F) If a young person of 16 years of age or older but below 18 years of age is charged with offence A that may be tried together with offence B , and offence B is to be tried by a court of appropriate jurisdiction other than the Youth Court under subsection (2A), then offence A may be heard and tried in that other court of appropriate jurisdiction. [Act 21 of 2025 wef 30/12/2025] (3) Where a charge is made jointly against a child or young person and a person who has attained 18 years of age, the charge must be heard by a court of appropriate jurisdiction other than a Youth Court. [27/2014] [Act 31 of 2022 wef 30/12/2025] (4) Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Youth Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, despite subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit. [27/2014] (5) A Youth Court has jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the General Division of the High Court. [27/2014; 40/2019] (6) A person who has attained 18 years of age on the date of commencement of the hearing of the charge must not be tried for any offence by a Youth Court. [27/2014] [Act 31 of 2022 wef 30/12/2025] (7) Where in the course of any trial before a Youth Court the child or young person to whom the trial relates attains 18 years of age, nothing in subsection (6) prevents the Youth Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act. [27/2014] [Act 31 of 2022 wef 30/12/2025] (8) In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his or her defence to the charge. [33


document_id: cypa-1993
provision_ref: s40
chapter: PART 3 - YOUTH COURT
section: 40
title: Place of sitting and persons who may be present
content:
40. —(1) A Youth Court is to sit as often as may be necessary for the purpose of exercising any jurisdiction conferred on it by this or any other Act. [27/2014] (2) A Youth Court is to sit either in a different building or room from that in which sittings of courts other than Youth Courts are held, or on different days from those on which sittings of the other courts are held, and no person may be present at any sitting of a Youth Court except — ( a ) members and officers of the Court; ( b ) parties to the case before the Court, their solicitors and counsel and witnesses and other persons directly concerned in that case; and ( c ) such other persons, including representatives of newspapers or news agencies, as the Court may specially authorise to be present. [34 [27/2014; 30/2019]


document_id: cypa-1993
provision_ref: s41
chapter: PART 3 - YOUTH COURT
section: 41
title: Removal of disqualification or disability on conviction
content:
41. A conviction or finding of guilt of a child or young person is disregarded for the purposes of any Act under which any disqualification or disability is imposed upon convicted persons. [36


document_id: cypa-1993
provision_ref: s42
chapter: PART 3 - YOUTH COURT
section: 42
title: Restrictions on punishment of children and young persons
content:
42. —(1) A child must not be sentenced or ordered to be imprisoned for any offence or be committed to prison in default of payment of a fine or costs. (2) A young person of 14 years of age or older but below 16 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless the court certifies that he or she is of so unruly a character that he or she cannot be detained in a place of detention or juvenile rehabilitation centre. [3/2011] [Act 21 of 2025 wef 30/12/2025] (2A) A young person of 16 years of age or older but below 18 years of age must not be ordered to be imprisoned for any offence, or be committed to prison in default of a fine, damages or costs, unless — ( a ) the person is certified by the court to be of so unruly a character that the person cannot be detained in a place of detention or juvenile rehabilitation centre; ( b ) the person is convicted of the offence (being an offence triable only by the General Division of the High Court) by the General Division of the High Court; ( c ) the person — (i) is convicted of the offence (not being an offence triable only by the General Division of the High Court) by the General Division of the High Court; (ii) was charged and tried together with another offence that is triable only in the General Division of the High Court; and (iii) is convicted of that other offence; ( d ) the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or ( e ) the person — (i) is convicted of the offence by a court other than the Youth Court; (ii) was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and (iii) is convicted of that relevant offence. [Act 21 of 2025 wef 30/12/2025] (3) Despite the provisions of any other written law, no child or young person of 14 years of age or older but below 16 years of age may be sentenced by any court other than the General Division of the High Court to corporal punishment. [Act 21 of 2025 wef 30/12/2025] (4) Despite the provisions of any other written law, no young person of 16 years of age or older but below 18 years of age may be sentenced to corporal punishment for any offence by any court, unless — ( a ) the person is convicted of the offence by the General Division of the High Court; ( b ) the person is convicted of the offence by a court other than the Youth Court, and the offence is a relevant offence mentioned in section 39(2A); or ( c ) the person — (i) is convicted of the offence by a court other than the Youth Court; (ii) was charged and tried for the offence together with a relevant offence mentioned in section 39(2A); and (iii) is convicted of that relevant offence. [37 [40/2019] [Act 21 of 2025 wef 30/12/2025]


document_id: cypa-1993
provision_ref: s43
chapter: PART 3 - YOUTH COURT
section: 43
title: Punishment of certain grave crimes
content:
43. —(1) Where a child or young person is convicted of murder, or of culpable homicide not amounting to murder, or of attempted murder, or of voluntarily causing grievous hurt, and the court is of opinion that none of the other methods by which the case may legally be dealt with is suitable, the court may sentence the offender to be detained for such period as may be specified in the sentence. (2) Where a sentence has been passed under subsection (1), the child or young person is, during that period, despite anything in the other provisions of this Act, liable to be detained in such place and on such conditions as the Minister may direct. (3) A person detained pursuant to the directions of the Minister under this section is, while so detained, deemed to be in legal custody. (4) Any person so detained may, at any time, be released by the Minister on licence. (5) A licence referred to in subsection (4) may be in such form and contain such conditions as the Minister may direct and may at any time be revoked or varied by the Minister. (6) Where a licence has been revoked, the person to whom the licence relates must return to such place as the Minister may direct, and if the person fails to do so he or she may be apprehended without warrant and taken to that place. [38


document_id: cypa-1993
provision_ref: s44
chapter: PART 3 - YOUTH COURT
section: 44
title: Power to order parent or guardian to pay fine, etc., instead of child or young person
content:
44. —(1) Where a child or young person is charged before a Youth Court with any offence for the commission of which a fine may be imposed and damages or costs or both may be awarded, and the Court is of the opinion that the case would be best met by the imposition of all or any of those penalties whether with or without any other punishment, the Court may, in such case, and must, if the offender is a child or young person, order that the fine imposed and damages or costs awarded be paid by the parent or guardian of the child or young person, unless the Court is satisfied that the parent or guardian cannot be found or that the parent or guardian has not conduced to the commission of the offence by neglecting to exercise due care of the child or young person. [27/2014; 30/2019] (2) Where a child or young person is charged with any offence, a Youth Court may order his or her parent or guardian to give security for the good behaviour of the child or young person. [27/2014] (3) Where a Youth Court thinks that a charge against a child or young person is proved, the Court may make an order on the parent or guardian under this section for the payment of damages or costs or requiring him or her to give security for the good behaviour of the child or young person, without proceeding to record a finding of guilt against the child or young person. [27/2014] (4) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but, subject to subsection (1), no such order may be made without giving the parent or guardian an opportunity to be heard. (5) Any sum imposed and ordered to be paid by the parent or guardian under this section, or on forfeiture of any such security, may be recovered from the parent or guardian in the manner provided by the Criminal Procedure Code 2010 in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged. [39


document_id: cypa-1993
provision_ref: s45
chapter: PART 3 - YOUTH COURT
section: 45
title: Power of other courts to remit juvenile offenders to Youth Court
content:
45. —(1) Any court by or before which a child or young person is found guilty of an offence may, if it thinks fit, remit the case to a Youth Court. [27/2014] (2) Where any such case is so remitted, the offender must be brought before a Youth Court accordingly, and the Youth Court may deal with the offender in any way in which it might have dealt with the offender if he or she had been tried and found guilty by the Youth Court. [27/2014] (3) No appeal lies against an order of remission made under subsection (1) but nothing in this subsection affects any right of appeal against the verdict or finding on which such an order is founded. (4) A person aggrieved by the order of the Youth Court to which the case is remitted may appeal therefrom to the General Division of the High Court as if the person has been tried by, and had pleaded guilty before, the Youth Court. [27/2014; 40/2019] (5) A court by which an order remitting a case to a Youth Court is made under this section — ( a ) may give such directions as appear to be necessary with respect to the custody of the offender or for the offender’s release on bail until the offender can be brought before a Youth Court; and ( b ) must cause to be transmitted to the Youth Court to which the case has been remitted a certificate setting out the nature of the offence and stating that the case has been remitted for the purpose of being dealt with under this section. [40 [27/2014]


document_id: cypa-1993
provision_ref: s46
chapter: PART 3 - YOUTH COURT
section: 46
title: Words “conviction” and “sentence” not to be used
content:
46. —(1) The words “conviction” and “sentence” cease to be used in relation to children and young persons dealt with by a Youth Court. [27/2014] (2) Any reference in any written law to a person convicted, a conviction or a sentence is, in the case of a child or young person, construed as including a reference to a person found guilty of an offence, a finding of guilt or an order made upon such a finding, as the case may be. [41


document_id: cypa-1993
provision_ref: s48
chapter: PART 3 - YOUTH COURT
section: 48
title: Presumption as to age
content:
48. —(1) Where, in a charge for an offence triable under this Act, it is alleged that the person by whom the offence was committed was below or had attained any specified age, and he or she appears to the court to have been at the date of the commission of the alleged offence below or to have attained the specified age (as the case may be) he or she is for the purposes of this Act presumed at that date to have been below or to have attained that age (as the case may be) and any order made therein is not invalidated by any subsequent proof that the age has been incorrectly stated. (2) Where the court or a police officer dealing with any person by whom an offence is alleged to have been committed is in doubt as to the exact age of that person, the certificate of a registered medical practitioner who has assessed that person, stating to the effect that, in the medical practitioner’s opinion, that person has or has not attained a specified age, may be given in evidence. [43


document_id: cypa-1993
provision_ref: s49
chapter: PART 3 - YOUTH COURT
section: 49
title: Powers of Youth Court on proof of offence
content:
49. —(1) Subject to the provisions of this section, where a Youth Court is satisfied that an offence has been proved, or where the child or young person (called in this section the offender) admits the facts constituting the offence, the Court, in addition to any other powers exercisable by virtue of this Act or any other written law for the time being in force, has power — ( a ) to discharge the offender; ( b ) to discharge the offender upon the offender entering into a bond to be of good behaviour and to comply with such order as may be imposed; ( c ) to commit the offender to the care of a relative or other fit person for a period to be specified by the Court; ( d ) to order the offender’s parent or guardian to execute a bond to exercise proper care and guardianship and to abide by such order as the Court may make in relation to the welfare, maintenance and rehabilitation of the offender; ( e ) to make a probation order requiring the offender to be under the supervision of a probation officer or a volunteer probation officer for a period of not less than 6 months and not more than 3 years; ( f ) to make an order, in accordance with the prescribed requirements, requiring the offender to perform community service, not exceeding 240 hours in aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the Court; ( g ) to order the offender to be detained in a place of detention for a period not exceeding 6 months; ( h ) to order the offender to be detained in a place of detention or an approved institution over such number of weekends, not exceeding 26, as the Court thinks fit; ( i ) to order the offender to be sent to a juvenile rehabilitation centre for a period of not more than 3 years; ( j ) to order the offender to pay a fine, damages or costs; ( k ) to deal with the offender, or order the offender to be brought before a District Court to be dealt with, under section 305 of the Criminal Procedure Code 2010 if — (i) on the day on which the offender is found guilty of an offence — (A) the offender has attained 18 years of age; (B) the offender — (BA) has attained 14 years of age but is below 18 years of age; (BB) has previously been dealt with by a court in connection with another offence; and (BC) had, in respect of that other offence, been ordered under paragraph ( i ) to be sent to a juvenile rehabilitation centre established under section 90; or (C) the offender — (CA) has attained 14 years of age but is below 18 years of age; and (CB) is, in the opinion of the Youth Court, of so unruly a character that the offender cannot be safely detained in a juvenile rehabilitation centre or a place of detention; and (ii) the Youth Court is satisfied that, having regard to the offender’s character, previous conduct and the circumstances of the offence, to reform the offender and prevent crime, the offender should undergo a period of training in a reformative training centre. [3/2011; 27/2014] [Act 21 of 2025 wef 30/12/2025] (2) For the purpose of subsection (1), the Youth Court has power — ( a ) to make the orders referred to in subsection (1)( b ), ( c ), ( d ), ( e ), ( f ), ( g ), ( h ), ( i ) and ( j ) singly, or combine, in such manner as it thinks just and expedient in the circumstances — (i) any 2 or more of the orders referred to in subsection (1)( b ), ( c ), ( d ), ( e ), ( f ) and ( j ); (ii) any order under subsection (1)( g ) with any one or more of the orders referred to in subsection (1)( d ), ( e ) and ( j ); (iii) any order under subsection (1)( h ) with any one or more of the orders referred to in subsection (1)( c ), ( d ), ( e ), ( f ) and ( j ); or (iv) any order under subsection (1)( i ) with any one or more of the orders referred to in subsection (1)( d ) and ( j ); and ( b ) without prejudice to paragraph ( a )(ii) or (iii), to make an order under subsection (1)( h ) to run consecutively to an order under subsection (1)( g ). [27/2014] (3) Where the Youth Court makes an order under subsection (1)( g ) for the detention of an offender in a place of detention in combination with a probation order under subsection (1)( e ), the period of the offender’s detention must not exceed 3 months. [27/2014] (4) If an offender, without reasonable excuse, contravenes any order made by the Youth Court under subsection (1) (called hereinafter the original order) or any condition thereof, the Youth Court may make such order as is necessary for the offender to be produced before it and thereafter, deal with the offender by — ( a ) making any order that the Court is empowered to make under subsection (1); ( b ) varying the original order or any condition of the order; or ( c ) directing the offender to comply with the original order or any condition of the order to the extent that the original order or condition of the order has not been complied with. [27/2014] (5) Where an offender, while being detained in a place of detention or juvenile rehabilitation centre pursuant to an order under subsection (1)( g ) or ( i ), is found guilty of another offence by the Youth Court, the Court may, instead of making a fresh order against the offender under subsection (1)( g ) or ( i ), extend the period of detention that is being served by the offender. [3/2011; 27/2014] (6) Where a Youth Court is satisfied, on the representations of the person‑in‑charge of a juvenile rehabilitation centre, place of detention or place of safety, that a person ordered to be detained in the juvenile rehabilitation centre, place of detention or place of safety is of so unruly a character that he or she cannot be so detained, the Court may — ( a ) order the person to be transferred to and detained in a juvenile rehabilitation centre or in another juvenile rehabilitation centre (as the case may be) which the Court considers more suitable for him or her and to be detained there for the whole or any part of the unexpired period of detention; or ( b ) deal with the person, or order the person to be brought before a District Court to be dealt with, under section 305 of the Criminal Procedure Code 2010 if the person — (i) has attained 18 years of age; or [Act 30 of 2019 wef 30/12/2025] (ii) having attained 14 years of age but being below 18 years of age, has previously been dealt with by a court in connection with another offence and had, in respect of that other offence, been ordered under subsection (1)( i ) to be sent to a juvenile rehabilitation centre, and the Youth Court is satisfied, having regard to the person’s character, previous conduct and the circumstances of the offence, that to reform the person and to prevent crime, he or she should undergo a period of training in a reformative training centre. [Act 30 of 2019 wef 30/12/2025] (8) The Youth Court may, on the application of the person-in-charge of a juvenile rehabilitation centre, vary or discharge an order made under subsection (1)( i ) if the Court is satisfied that it is in the best interests of the offender to do so. [Act 30 of 2019 wef 01/01/2025] (9) No order may be varied under subsection (8) to extend the period for which an offender is to be sent to a juvenile rehabilitation centre without giving the offender an opportunity to be heard. [Act 30 of 2019 wef 01/01/2025] (10) To avoid doubt, where an order to be varied or discharged under subsection (8) involves an offender who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court must not extend the period for which the offender is sent to a juvenile rehabilitation centre to exceed 3 years. [Act 30 of 2019 wef 01/01/2025] (11) In making an order under subsection (1)( i ), or varying or discharging such order under subsection (8), the Youth Court may impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety, wellbeing and rehabilitation of the offender in respect of whom such an order is made. [44 [3/2011; 27/2014; 30/2019] [Act 30 of 2019 wef 01/01/2025]


document_id: cypa-1993
provision_ref: s50
chapter: PART 3 - YOUTH COURT
section: 50
title: Power to convene juvenile case conference to deal with child or young person guilty of offence
content:
50. —(1) Without affecting section 49, the Youth Court may, for the purpose of dealing with a child or young person who has been found guilty of committing an offence (called in this section the offender), convene a juvenile case conference in accordance with the prescribed requirements and a juvenile case conference so convened may deal with the offender by — ( a ) reprimanding the offender; ( b ) administering a formal caution to the offender in the prescribed manner against further committing any offence; ( c ) requiring the offender to pay compensation to the victim of the offence in such manner and of such amount as may be determined by the juvenile case conference; ( d ) requiring the offender, in accordance with the prescribed requirements, to perform community service, not exceeding 240 hours in the aggregate, of such nature and at such time and place and subject to such conditions as may be specified by the juvenile case conference; ( e ) requiring the offender to apologise to the victim of the offence in such manner as may be specified by the juvenile case conference; or ( f ) requiring the offender to do such other act as the juvenile case conference thinks appropriate in the circumstances. [3/2011; 27/2014] (2) In exercising its powers under this section, the juvenile case conference must — ( a ) comply with the prescribed procedure; and ( b ) have regard to the orders which may be made by the Youth Court under section 49 for dealing with a person who has been found guilty by the Court of a comparable offence. [3/2011; 27/2014] (3) If the offender fails — ( a ) to attend at the time and place appointed for a juvenile case conference; or ( b ) to comply with any requirement of the juvenile case conference, the juvenile case conference must report the matter to the Youth Court and the Court may thereupon make such order as is necessary for the offender to be produced before the Court and thereafter deal with the offender as the Court thinks fit in accordance with section 49. [3/2011; 27/2014] (4) A person who attends a juvenile case conference (not being the offender, the parent or guardian of the offender or any other member of the offender’s family) must not divulge any personal information obtained at the conference relating to any of those persons. [3/2011] (5) Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [45 [3/2011]


document_id: cypa-1993
provision_ref: s52
chapter: PART 3 - YOUTH COURT
section: 52
title: Appeals
content:
52. Any child or young person or his or her parent or guardian, or the Director‑General or a protector, who is dissatisfied with any judgment or order of a Youth Court may appeal to the General Division of the High Court against the judgment or order in accordance with the provision of any law in force for the time being regulating appeals to the General Division of the High Court from a District Court. [48 [27/2014; 30/2019; 40/2019]


document_id: cypa-1993
provision_ref: s53
chapter: PART 3 - YOUTH COURT
section: 53
title: Procedure
content:
53. —(1) An application to a Youth Court under section 54 or 56, section 57 (read with section 56) or section 59 (called in this section a relevant application) must — ( a ) be made in the same manner as an application for a summons is made to a District Court or Magistrate’s Court under the Criminal Procedure Code 2010; and ( b ) be dealt with — (i) as if the relevant application is a complaint for the purposes of that Code; but (ii) in accordance with only such provisions of that Code, and with such provisions of any other written law, as may be prescribed by the Family Justice Rules. [30/2019] (2) An affidavit sworn for the purposes of a relevant application may contain statements of information or belief with the sources and grounds of the information or belief. [30/2019] (3) Any matter relating to the service of summons issued by a Youth Court in connection with any proceedings under section 54 or 56, section 57 (read with section 56) or section 59 may be prescribed by the Family Justice Rules. [30/2019] (4) To avoid doubt, proceedings under section 54 or 56, section 57 (read with section 56) or section 59 are not to be treated as criminal proceedings. [3/2011; 30/2019] (5) All Family Justice Rules mentioned in this section must be presented to Parliament as soon as possible after publication in the Gazette . [48B [30/2019]


document_id: cypa-1993
provision_ref: s54
chapter: PART 3 - YOUTH COURT
section: 54
title: Powers of Youth Court in respect of children and young persons in need of care or protection
content:
54. —(1) Subject to the provisions of this section and on the application made by the Director‑General or a protector, if a Youth Court is satisfied that any person brought before it is a child or young person in need of care or protection, the Court may — ( a ) order the parent or guardian of the child or young person to enter into a bond to exercise proper care and guardianship of the child or young person for such period as may be specified by the Court; ( b ) order — (i) the child or young person to be committed, for such period as the Court may specify, to the care of one of the following care‑providers as may be determined by the Director‑General or a protector: (A) a fit person; (B) a place of safety; (C) a place of temporary care and protection; and (ii) that the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 55; or ( c ) without making any order, or in addition to an order, under paragraph ( a ) or ( b ), make an order placing the child or young person under the supervision of the Director‑General, a protector, an approved welfare officer or any other person appointed for that purpose by the Court, for such period as may be specified by the Court. [30/2019] (2) For the purposes of an order under subsection (1)( b ), the Youth Court may further order that the determination by the Director‑General or protector as to the fit person to whom, or the place of safety or place of temporary care and protection to which, the child or young person is committed may be varied by the Director‑General or a protector (who may or may not have made the determination) during the period of the child’s or young person’s committal, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General or protector (as the case may be) thinks that it is in the best interests of the child or young person to do so. [30/2019] (3) Where — ( a ) a Youth Court has ordered the committal of a child or young person to the care of a fit person, or a place of safety or place of temporary care and protection (called in this subsection and subsection (4) the principal care‑provider) under subsection (1)( b ); and ( b ) the principal care‑provider is unable to provide care for the child or young person for a period that is at least 8 weeks, the Director‑General or protector may arrange for the child or young person to be committed to the temporary care of another fit person, or a place of safety or place of temporary care and protection during that period, whether or not the arrangement would result in the child or young person being committed to a different care‑provider. [30/2019] (4) An arrangement by the Director‑General or a protector under subsection (3) is not to be treated as a variation under subsection (2) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (3). [30/2019] (5) Where any parent or guardian of the child or young person disagrees with a determination of the Director‑General or a protector under subsection (1)( b ) or a variation of the determination under subsection (2), the parent or guardian (as the case may be) may apply to the Youth Court to review the determination or variation. [30/2019] (6) After reviewing a determination under subsection (1)( b ) or variation under subsection (2), the Youth Court may order that the child or young person be committed to the care of such fit person, or to such place of safety or place of temporary care and protection as specified by the Court. [30/2019] (7) Where 3 variations have been made by the Director‑General or a protector under subsection (2) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (1)( b )(i), and the Director‑General or a protector is of the view that a further variation during that period is necessary, the Director‑General or protector must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety or place of temporary care and protection to which, the child or young person is to be committed. [30/2019] (8) A Youth Court may, in making any order under subsection (1), impose such conditions or give such directions as it thinks fit for the purpose of ensuring the safety and well-being of the child or young person in respect of whom such order is made, and every person upon whom such conditions are imposed or to whom such directions are given must comply with such conditions or directions. [27/2014] (9) No order under subsection (1) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard. (10) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [3/2011; 27/2014] (11) The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court. [3/2011; 27/2014] (12) Despite subsection (9), an order under subsection (1) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time. (13) In determining what order to be made under subsection (1), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person. [3/2011; 27/2014] (14) For the purpose of subsection (13), the Youth Court may — ( a ) require any person who, in the opinion of the Court, is able to furnish any information regarding the child or young person to furnish to the Court such information as the Court may specify; ( b ) require the parent or guardian of the child or young person to render such assistance to the Court as the Court thinks necessary; ( c ) order the child or young person to be sent for an assessment by a registered medical practitioner or an approved welfare officer; ( d ) require the parent or guardian of the child or young person to undergo such medical, psychiatric, psychological or other assessment as the Court thinks necessary; and ( e ) from time to time adjourn the case for such period as it thinks necessary and make in respect of the child or young person, as an interim order having effect only during the period of adjournment, any order which it could have made under subsection (1). [3/2011; 27/2014] (15) Where the Youth Court requires any child or young person or the parent or guardian of a child or young person to undergo any assessment under subsection (14)( c ) or ( d ) — ( a ) the person carrying out the assessment must provide a written report to the Court, the Director‑General or a protector stating the results of the person’s assessment, and such report may be received and considered by the Court without being read aloud; and ( b ) the costs of and incidental to any such assessment must be borne by the parent or guardian of the child or young person, unless the Court directs otherwise. [3/2011; 27/2014; 30/2019] (16) If the Youth Court is not satisfied that the child or young person brought before it is in need of protection, the Court may order that the child or young person be returned to the care and custody of his or her parent or guardian. [27/2014] (17) The Youth Court may, at any time before the expiry of an order made under subsection (1) and on the application of the Director‑General or a protector, vary the period of the order or discharge the order if the Court is satisfied that it would be in the best interests of the person in respect of whom the order was made. [3/2011; 27/2014; 30/2019] (18) To avoid doubt, where an order to be varied or discharged under subsection (17) is an order made under subsection (1)( b ) or ( c ) and involves a person who is older than 18 years of age (but below 21 years of age) at the time the order is to be varied or discharged, the Youth Court is not to extend the period for which the person is to be committed to the care of a fit person or to a place of safety or place of temporary care and protection, or placed under the supervision of the Director‑General, a protector, an approved welfare officer or a person appointed by the Court, as the case may be. [30/2019] (19) If the parent or guardian of the child or young person fails to enter into the bond within the time specified in the order made under subsection (1)( a ) or breaches any condition of the bond, the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [49 [3/2011]


document_id: cypa-1993
provision_ref: s55
chapter: PART 3 - YOUTH COURT
section: 55
content:
55. —(1) Where an order is made by a Youth Court under section 54(1)( b ) in respect of a child or young person — ( a ) the Director‑General, a protector or the care‑giver of the child or young person may decide on any category 1 matter relating to the child or young person; ( b ) the Director‑General or a protector may decide on any category 2 matter relating to the child or young person if — (i) either of the following grounds is satisfied: (A) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; (B) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the matter; or (ii) the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the Director‑General or a protector to decide on any category 2 matter relating to the child or young person, and the Court grants the application; ( c ) the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if — (i) all the following conditions are satisfied: (A) either of the grounds mentioned in paragraph ( b )(i) is satisfied; (B) the Director‑General or a protector has authorised the care‑giver in writing to decide on any category 2 matter relating to the child or young person; (C) the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; or (ii) the Director‑General or a protector makes an application to the Court under subsection (2) for an order to enable the care‑giver to decide on any category 2 matter relating to the child or young person, and the Court grants the application; and ( d ) if the Director‑General or a protector is of the view that a decision made by the care‑giver of the child or young person under paragraph ( a ) or ( c ) is not in the best interests of the child or young person, the Director‑General or protector may (where feasible) vary or reverse the decision of the care‑giver. [30/2019] (2) Where an order is made by a Youth Court under section 54(1)( b ) in respect of a child or young person and neither of the grounds mentioned in subsection (1)( b )(i) is satisfied, the Court may, on the application of the Director‑General or a protector, make an order to enable the Director‑General, a protector or care‑giver of the child or young person to decide on any category 2 matter relating to the child or young person. [30/2019] (3) Where an order is made by the Youth Court under section 49(1)( b ) or ( c ) of this Act as in force immediately before 1 July 2020 in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an order that subsections (1) and (2) apply in respect of the making of decisions that affect the child or young person. [30/2019] (4) Where an order is made by a Youth Court — ( a ) under section 49(1)( b ) or ( c ) of this Act as in force immediately before 1 July 2020; or ( b ) under section 54(1)( b ) on or after that date, in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an additional order to enable the Director‑General or a protector to decide on a category 3 matter relating to the child or young person, if — ( c ) one of the following grounds is satisfied: (i) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; (ii) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the category 3 matter; (iii) any parent or guardian of the child or young person has decided or is likely to decide on the category 3 matter in a manner that is detrimental to the interests of the child or young person; and ( d ) the Court is of the view that it is in the best interests of the child or young person for the Director‑General or protector to decide on the category 3 matter. [30/2019] (5) Any parent or guardian of a child or young person who disagrees with any decision made by the Director‑General, a protector or the care‑giver of the child or young person under this section may apply to the Youth Court for the Court’s determination of the matter. [49A [30/2019]


document_id: cypa-1993
provision_ref: s56
chapter: PART 3 - YOUTH COURT
section: 56
title: Youth Court powers in respect of children and young persons in need of enhanced care or protection
content:
56. —(1) The Director‑General or a protector may apply to a Youth Court for an order mentioned in subsection (2) in respect of a child or young person who is the subject of an order made under section 49(1)( b ) or ( c ) of this Act as in force immediately before 1 July 2020, or section 54(1)( b ). [30/2019] (2) On the application of the Director‑General or a protector, a Youth Court may, on being satisfied of the conditions mentioned in subsection (3), make an order that — ( a ) the child or young person be committed to the care of a fit person as determined by the Director‑General or protector, until the child or young person attains 21 years of age or for such shorter period as the Court may specify; and ( b ) the Director‑General, a protector and the care‑giver of the child or young person may, without the consent of any parent or guardian of the child or young person but under the supervision of the Court, make decisions affecting the child or young person in accordance with section 58. [30/2019] (3) For the purposes of subsection (2), the conditions are — ( a ) the child or young person has, as at the date of the application, been the subject of one or more orders under section 49(1)( b ) or ( c ) of this Act as in force immediately before 1 July 2020, or section 54(1)( b ) for a cumulative period that is the specified period or longer; ( b ) both the parents of the child or young person, or where the child or young person has one or more guardians, all the guardians of the child or young person are not fit to provide care for the child or young person; and ( c ) it is not appropriate to return the child or young person to the care and custody of any of his or her parents, or where the child or young person has one or more guardians, any of his or her guardians at any time before the child or young person attains 21 years of age, or such younger age as the Youth Court may determine. [30/2019] (4) For the purposes of subsection (3)( c ), the circumstances in which it is not appropriate to return the child or young person to the care and custody of his or her parent or guardian under that subsection include the following: ( a ) the parent or guardian had on one or more occasions previously failed to comply with the requirements of a proper care plan formulated by the Director‑General or a protector for the child or young person; ( b ) the parent or guardian had on one or more occasions previously failed or refused to undergo any mediation, counselling, psychotherapy or other assessment programme, treatment or such other activity that is conducted pursuant to a voluntary care agreement or an order made under — (i) section 51(1) of this Act as in force immediately before 1 July 2020; or (ii) section 60(4), for the purpose of facilitating the return of the child or young person to the care and custody of his or her parent or guardian; ( c ) the parent or guardian is incapable or unwilling to comply with the requirements of a proper care plan for the child or young person. [30/2019] (5) No order under subsection (2) may be made without giving the parent or guardian of the child or young person an opportunity to attend and be heard. [30/2019] (6) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [30/2019] (7) The Youth Court may dispense with the attendance of a child or young person in Court if it considers that the prejudicial effects (if any) of dispensing with his or her attendance is outweighed by any harm or injury to or any other detrimental effect on the welfare of the child or young person that will or may be caused to him or her by his or her attendance in Court. [30/2019] (8) Despite subsection (5), an order under subsection (2) may be made if the parent or guardian of the child or young person, having been required to attend, has failed to do so or cannot be found within a reasonable time. [30/2019] (9) In determining what order to be made under subsection (2), the Youth Court is to treat the welfare of the child or young person as the paramount consideration and is to endeavour to obtain such information as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person as may enable the Court to deal with the case in the best interests of the child or young person. [30/2019] (10) The Youth Court may, at any time before the expiry of an order made under subsection (2) and on the application of any of the following persons, vary or discharge the order if the Court is satisfied that there has been any material change in the circumstances and it would be in the best interests of the child or young person: ( a ) the Director‑General or a protector; ( b ) any parent or guardian of the child or young person with the permission granted by the Court under subsection (11). [30/2019] [Act 25 of 2021 wef 15/10/2024] (11) The Youth Court may, on the application of a parent or guardian of a child or young person in respect of whom an order is made under subsection (2), grant permission for the parent or guardian to apply to vary or discharge the order. [30/2019] [Act 25 of 2021 wef 15/10/2024] (12) In this section and section 57, “specified period” means — ( a ) where the child or young person is below 3 years of age — 12 months; or ( b ) where the child or young person is 3 years of age or older — 24 months. [49B [30/2019]


document_id: cypa-1993
provision_ref: s57
chapter: PART 3 - YOUTH COURT
section: 57
title: Application of section 56 to children and young persons under voluntary care agreements
content:
57. —(1) Despite section 56(1), where — ( a ) a child or young person has been committed to the care and custody of a care‑giver other than his or her parent or guardian under one or more voluntary care agreements, whether entered into before, on or after 1 July 2020, for a cumulative period that is the specified period or longer; and ( b ) the child or young person is currently the subject of a voluntary care agreement, the Director‑General or a protector may apply to a Youth Court for an order mentioned in section 56(2) in respect of the child or young person. [30/2019] (2) For the purposes of subsection (1), section 56(2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) applies to an application mentioned in subsection (1) except that — ( a ) any reference to a child or young person in that section is to be read as a reference to a child or young person mentioned in subsection (1); and ( b ) section 56(3)( a ) is omitted. [49C [30/2019]


document_id: cypa-1993
provision_ref: s58
chapter: PART 3 - YOUTH COURT
section: 58
title:
Making of decisions that affect child or young person under court order made under section 56(2) or 57 (read with section 56)

content:
58. —(1) Where an order is made by a Youth Court under section 56(2) or 57 (read with section 56) in respect of a child or young person — ( a ) the Director‑General, a protector or the care‑giver of the child or young person may decide on any category 1 matter relating to the child or young person; ( b ) the Director‑General or a protector may decide on any category 2 matter relating to the child or young person; ( c ) the care‑giver of the child or young person may decide on any category 2 matter relating to the child or young person if — (i) the Director‑General or a protector has authorised the care‑giver in writing to decide on any category 2 matter relating to the child or young person; and (ii) the care‑giver has consulted with such person as may be prescribed (if any) with respect to any particular category 2 matter; and ( d ) if the Director‑General or a protector is of the view that a decision made by the care‑giver of the child or young person under paragraph ( a ) or ( c ) is not in the best interests of the child or young person, the Director‑General or protector may (where feasible) vary or reverse the decision of the care‑giver. [30/2019] (2) Where an order is made by a Youth Court under section 56(2) or 57 (read with section 56) in respect of a child or young person, the Court may, on the application of the Director‑General or a protector, make an additional order to enable the Director‑General or a protector to decide on a category 3 matter relating to the child or young person, if — ( a ) one of the following grounds is satisfied: (i) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person cannot be contacted by the Director‑General or a protector after reasonable attempts have been made by the Director‑General or protector to contact the parents or guardians; (ii) both the parents, or where the child or young person has one or more guardians, all the guardians, of the child or young person are incapable or unwilling to decide on the category 3 matter; (iii) any parent or guardian of the child or young person has decided or is likely to decide on the category 3 matter in a manner that is detrimental to the interests of the child or young person; and ( b ) the Court is of the view that it is in the best interests of the child or young person for the Director‑General or protector to decide on the category 3 matter. [30/2019] (3) Any parent or guardian of a child or young person who disagrees with any decision made by the Director‑General, a protector or the care‑giver of the child or young person under this section may make an application to the Youth Court for its determination. [49D [30/2019] Family guidance orders [30/2019]


document_id: cypa-1993
provision_ref: s59
chapter: PART 3 - YOUTH COURT
section: 59
title: Power of Youth Court to make family guidance orders
content:
59. —(1) On the application made by a parent or guardian of a child or young person, a Youth Court may make an order described in subsection (4), where — ( a ) the parent or guardian is unable to guide the child or young person and the child or young person needs to be guided by a person other than the parent or guardian; ( b ) the parent or guardian, and the child or young person have completed a family programme; and ( c ) the Court is satisfied that the parent or guardian understands the consequences which will follow from, and consents to, the making of the order. [30/2019] (2) An application made under subsection (1) must be accompanied by a recommendation of an approved welfare officer. [30/2019] (3) A Youth Court may in any appropriate case do either or both of the following: ( a ) dispense with the requirement mentioned in subsection (1)( b ); ( b ) if the Court dispenses with the requirement mentioned in subsection (1)( b ), order the parent or guardian, and the child or young person to complete the family programme at any stage of the proceedings. [30/2019] (4) For the purposes of subsection (1), the Youth Court may order that the child or young person — ( a ) be placed under the supervision of an approved welfare officer or some other person appointed for the purpose by the Court for a period not exceeding 3 years; ( b ) be committed to the care of a fit person for a period not exceeding 3 years; or ( c ) be committed to the care of a place of safety for a period not exceeding 3 years. [30/2019] (5) An order under subsection (4)( b ) or ( c ) may provide that — ( a ) the fit person to whom, or the place of safety to which, the child or young person is to be committed (called in this section a care‑provider), be determined by the Director‑General or a protector; and ( b ) the determination under paragraph ( a ) may be varied by the Director‑General, a protector or an approved welfare officer (who may or may not have made the determination) during the period of the child’s or young person’s committal, in accordance with such requirements as may be prescribed, even though the variation may result in the child or young person being committed to a different care‑provider, if the Director‑General, protector or approved welfare officer (as the case may be) thinks that it is in the best interests of the child or young person to do so. [30/2019] (6) Where the Youth Court considers the presence of a child or young person or his or her parent or guardian to be necessary or expedient for the purposes of the proceedings, the Court may compel the attendance of the child or young person or his or her parent or guardian by summons. [30/2019] (7) Where the Youth Court requires further information to be provided as to the family background, general conduct, home environment, school record, medical history and state of development of the child or young person, the Court may order that the child or young person be committed to the care of such fit person or such place as may be determined by the Director‑General or a protector pending the receipt of such information by the Court. [30/2019] (8) Where — ( a ) a Youth Court has ordered the committal of a child or young person to the care of a fit person or a place of safety (called in this subsection and subsection (9) the principal care‑provider) under subsection (4)( b ) or ( c ); and ( b ) the principal care‑provider is unable to provide care for the child or young person for a period of at least 8 weeks, the Director‑General, a protector or an approved welfare officer may arrange for the child or young person to be committed to the temporary care of another fit person or a place of safety, whether or not the arrangement would result in the child or young person being committed to a different care‑provider for that period. [30/2019] (9) An arrangement by the Director‑General, a protector or an approved welfare officer under subsection (8) is not to be treated as a variation under subsection (5)( b ) if the child or young person is returned to the principal care‑provider before the end of the arrangement under subsection (8). [30/2019] (10) Where 3 variations have been made by the Director‑General, a protector or an approved welfare officer under subsection (5)( b ) in respect of a child or young person before the expiry of the period specified by the Youth Court under subsection (4)( b ) or ( c ) (as the case may be), and the Director‑General, a protector or an approved welfare officer is of the view that a further variation during that period is necessary, the Director‑General, protector or approved welfare officer must apply to the Court for an order as to the appropriate fit person to whom, or the appropriate place of safety to which, the child or young person is to be committed. [30/2019] (11) The Youth Court has the power to make one order or a combination of orders mentioned in subsection (4)( a ), ( b ) and ( c ) in relation to a child or young person concerned. [30/2019] (12) The duration of any order or any combination of orders made by the Youth Court under subsection (4) must not exceed a continuous period of 3 years. [30/2019] (13) Where a Youth Court makes any order mentioned in subsection (4)( a ), ( b ) and ( c ) — ( a ) a report on the living conditions of the child or young person, the standard of care and supervision provided to the child or young person, the progress made by the child or young person and such other matters as may be prescribed must be submitted to the Court within 6 months after the order is made, or such other period as the Court may specify in the order, by — (i) if the Court makes an order mentioned in subsection (4)( a ) — an approved welfare officer or a person appointed by the Court; (ii) if the Court makes an order mentioned in subsection (4)( b ) — (A) in the case where the fit person to whom the child or young person is committed is a relative of the child or young person — an approved welfare officer; or (B) in any other case — the fit person; or (iii) if the Court makes an order mentioned in subsection (4)( c ) — the care‑giver of the child or young person or an approved welfare officer; ( b ) the Court may, upon receiving the report mentioned in paragraph ( a ), order for one or more further reports to be submitted to the Court at such frequency as the Court may specify, for the purpose of monitoring the progress of the child or young person; and ( c ) the Court may order a parent or guardian of the child or young person to enter into a bond to undertake to commit his or her best efforts to exercise proper care and guardianship. [30/2019] (14) The provisions of section 54(8), (13), (14) and (15) apply, with the necessary modifications, in respect of an order made by the Youth Court under subsection (4) as they apply in respect of an order made by the Court under section 54(1). [30/2019] (15) The Youth Court may, on the application of the Director‑General, a protector or a parent or guardian of a child or young person in respect of whom an order under subsection (4) has been made, vary the period of the order or discharge the order if the Court is satisfied that it is in the best interests of the child or young person to do so. [30/2019] (16) To avoid doubt, where an order to be varied or discharged under subsection (15) involves a person who is older than 16 years of age (but below 19 years of age) at the time the order is to be varied or discharged, the Youth Court is not to extend the period for which the person is to be committed to the care of a fit person or to a place of safety, or placed under the supervision of an approved welfare officer or a person appointed by the Court, as the case may be. [30/2019] (17) An application made under subsection (1) may only be withdrawn with the consent of the Youth Court. [30/2019] (18) Where a parent or guardian of a child or young person fails to comply with any order of the Youth Court made under subsection (3)( b ), the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [30/2019] (19) In this section — “family programme” means such family programme that is approved and specified by the Director‑General and which seeks to — ( a ) resolve any relationship problem between a child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; ( b ) rehabilitate or assist in the rehabilitation of a child or young person; ( c ) enable any parent of a child or young person, or where the child or young person has one or more guardians, any of his or her guardians to manage the child or young person; or ( d ) enhance, promote or protect the physical, social and emotional wellbeing and safety of a child or young person; “recommendation”, in relation to a child or young person, means a document specifying the following: ( a ) the risks and requirements of the child or young person at a particular point in time; ( b ) the proposed activities and programmes that the child or young person or his or her parent or guardian, or both, should attend for the purpose of enabling the parent or guardian to address the risks and requirements raised about the child or young person at that point in time; ( c ) such other matters as may be prescribed; “young person” means a person who is 14 years of age or older but below 16 years of age. [50 [30/2019]


document_id: cypa-1993
provision_ref: s60
chapter: PART 3 - YOUTH COURT
section: 60
title: Additional orders which may be made by Youth Court in relation to child or young person
content:
60. —(1) Where a child or young person has been dealt with, whether before, on or after 1 July 2020, in connection with an offence — ( a ) by a court; or ( b ) in a juvenile case conference where a Youth Court has exercised any of its powers mentioned in section 50(1)( a ), ( b ), ( c ), ( d ), ( e ) and ( f ) in respect of the child or young person, a Youth Court may, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4) as an additional order or additional orders. [30/2019] (2) Where an order has been made by a Youth Court under — ( a ) section 54(1), whether before, on or after 1 July 2020; ( b ) section 56(2); or ( c ) section 57, read with section 56, in respect of a child or young person, the Court may, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4) as an additional order or additional orders. [30/2019] (3) Where an application has been made under section 59 to a Youth Court in respect of a child or young person, the Court may, before or after the application is heard or at any time when the application is being heard, on its own motion or on the application of the Director‑General or a protector, make either or both of the orders mentioned in subsection (4). [30/2019] (4) For the purposes of subsections (1), (2) and (3), the orders are as follows: ( a ) an order requiring the child or young person, either or both the parents of the child or young person, or where the child or young person has one or more guardians, all or any of those guardians, to undergo such mediation, counselling, psychotherapy or other assessment, programme or treatment or to partake in such activity as the Youth Court thinks necessary for the purpose of — (i) resolving any relationship problem between the child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; (ii) rehabilitating or assisting in the rehabilitation of the child or young person; (iii) enabling any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person to manage the child or young person; or (iv) enhancing, promoting or protecting the physical, social and emotional wellbeing and safety of the child or young person; ( b ) an order requiring all or any of the following persons to attend a family conference: (i) the child or young person; (ii) either or both the parents, or where the child or young person has one or more guardians, all or any of those guardians, of the child or young person; (iii) such other persons as may be specified by the Youth Court. [30/2019] (5) In making an order under subsection (1), (2) or (3), the Youth Court may require any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person to enter into a bond to comply with such order. [30/2019] (6) Where a parent or guardian of a child or young person fails to comply with any order of the Youth Court made under subsection (1), (2) or (3), or the requirement mentioned in subsection (5), the parent or guardian shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [30/2019] (7) In this section, “family conference” means a discussion among the participants of the conference on what is necessary to — ( a ) resolve any relationship problem between the child or young person and any parent, or where the child or young person has one or more guardians, any guardian, of the child or young person; or ( b ) resolve any concern relating to the care, protection and supervision of the child or young person. [51 [30/2019]


document_id: cypa-1993
provision_ref: s61
chapter: PART 3 - YOUTH COURT
section: 61
title: Failure to comply with requirements of family guidance order
content:
61. If it appears on information to the Youth Court that a child or young person against whom an order made under section 59 is in force has failed to comply with any of the requirements of the order, the Court may make a fresh order against the child or young person under that section. [52 [27/2014; 30/2019]


document_id: cypa-1993
provision_ref: s62
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 62
title: Homes for children and young persons to be licensed
content:
62. —(1) No person may operate a home for children and young persons except under the authority of and in accordance with the terms and conditions of a licence issued by the Director‑General. [3/2011; 30/2019] (2) Any — ( a ) person who operates a home for children and young persons without a licence issued by the Director‑General under subsection (1); or ( b ) licensee who breaches any term or condition of the licence in respect of a licensed home for children and young persons, 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. [52A [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s63
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 63
title: Application for licence
content:
63. —(1) An application for the issuance or renewal of a licence must be made to the Director‑General in such form as may be prescribed. [3/2011; 30/2019] (2) A licensee who wishes to renew his, her or its licence must make an application for the renewal of his, her or its licence at least 6 months before the licence expires. [3/2011] (3) On receipt of an application, the Director‑General may, in his or her discretion — ( a ) issue or renew a licence subject to such terms and conditions as the Director‑General thinks fit to impose; or ( b ) refuse to issue or renew the licence. [3/2011; 30/2019] (4) The Director‑General may refuse to issue or renew a licence if — ( a ) the Director‑General is not satisfied that — (i) the applicant is a fit or proper person to hold or continue to hold a licence in respect of a home for children and young persons; or (ii) where the applicant is a body corporate, any member of the board of directors, the committee, board of trustees or other governing body of the body corporate is a fit and proper person; ( b ) the premises are unfit to be used as a home for children and young persons by reason of the situation, construction, accommodation, staffing, cleanliness or equipment or any other condition of the premises of the proposed home; ( c ) the premises to be used as a home for children and young persons do not comply with the prescribed requirements; ( d ) the home for children and young persons would not be under the continuous personal management and supervision of a person of sufficient qualifications and experience to ensure the satisfactory operation of the home; or ( e ) it is not in the public interest to issue or renew the licence. [3/2011; 30/2019] (5) In deciding for the purposes of this section whether a person is a fit and proper person, the Director‑General may consider any of the following matters as indicating that the person may not be a fit and proper person: ( a ) that the person associates with a criminal in a way that indicates involvement in an unlawful activity; ( b ) that in dealings in which the person has been involved, the person or officer — (i) has shown dishonesty or lack of integrity; or (ii) has used harassing tactics; ( c ) that the person is or was suffering from a mental disorder; or ( d ) that the person is an undischarged bankrupt or has entered into a composition with the person’s debtors. [3/2011; 30/2019] (6) Subsection (5) is not to be construed so as to limit the circumstances in which a person or an officer of a business entity may be considered by the Director‑General not to be a fit and proper person. [3/2011; 30/2019] (7) Where the Director‑General refuses to issue a licence, he or she must state in writing the reasons for his or her refusal. [52B [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s64
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 64
title: Fee for and duration of licence
content:
64. —(1) On the issue or renewal of a licence, the licensee must pay a fee of such amount as may be prescribed. [3/2011] (2) Unless earlier revoked, a licence is valid for a period of 2 years from the date of its issue or such shorter period as may be specified in the licence in any particular case. [52C [3/2011]


document_id: cypa-1993
provision_ref: s65
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 65
title: Display of licence
content:
65. —(1) Every licensee must cause his, her or its licence to be permanently displayed in a conspicuous place in the home for children and young persons to which the licence relates where the licence can readily be seen by all persons having access to that home for children and young persons. [3/2011] (2) Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. [52D [3/2011]


document_id: cypa-1993
provision_ref: s66
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 66
title: Transfer of licence
content:
66. —(1) On a written application signed by the licensee of any licensed home for children and young persons and by the person to whom the licensee desires to transfer the licence (called in this section the transferee), the Director‑General may, if the Director‑General thinks fit, either by way of endorsement on the licence or otherwise in writing, transfer the licence to the transferee, and thereupon the transferee becomes the licensee of the home for children and young persons. [3/2011; 30/2019] (2) The Director‑General may refuse to approve the transfer of a licence on any of the grounds on which the Director‑General — ( a ) could have refused to issue a licence to the transferee under section 63; or ( b ) could have revoked the licence under section 73. [52E [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s67
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 67
title: Inspection of homes for children and young persons
content:
67. —(1) The Director‑General and any officer authorised by the Director‑General may — ( a ) at any time, enter and inspect — (i) any licensed home for children and young persons; or (ii) any premises which he or she has reason to suspect are used for the purposes of a home for children and young persons without a licence; ( b ) require any person taking part in the operation or management of a licensed home for children and young persons to — (i) produce any record, document or other article relating to the management of that home for children and young persons or to any other activity in respect of the home for children and young persons; and (ii) furnish any other information relating to such management or activity; ( c ) remove for further examination any record, document or other article which the Director‑General or authorised officer has reason to suspect is evidence of the commission of an offence under this Act, or is evidence of a ground for — (i) the suspension or revocation of the licence of a person in respect of a home for children and young persons; or (ii) where the home for children and young persons is a juvenile rehabilitation centre or place of safety, the cancellation of the certificate of appointment of the juvenile rehabilitation centre or place of safety; and ( d ) do such other things as are necessary for the inspection of a licensed home for children and young persons. [3/2011; 30/2019] (2) Any person who prevents or obstructs the Director‑General or any officer authorised by the Director‑General in the execution of his or her powers, or refuses to produce any record, document, article or other information upon being required to do so under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [3/2011; 30/2019] (3) In this section, a reference to a record, document, article or information includes any record, document, article or information which exists in any form or medium. [52F [3/2011]


document_id: cypa-1993
provision_ref: s68
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 68
title: Review Board
content:
68. —(1) The Minister may appoint such persons as the Minister may think fit to be the members of the Review Board for a specified period. [3/2011] [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) The functions of the Review Board are to — ( a ) review the living conditions in and the standard of care and supervision provided by any licensed home for children and young persons to the children and young persons residing in the licensed home; ( b ) review all cases of children and young persons admitted to a licensed home for children and young persons with a view to ensuring that a proper care plan is in place for such children and young persons; and ( c ) advise the Director‑General on — (i) whether any child or young person who has been placed in a juvenile rehabilitation centre or place of safety, may be released on licence from the juvenile rehabilitation centre or place of safety at any time before the completion of his or her full period of detention; and (ii) the conditions subject to which such child or young person should be released. [3/2011; 30/2019] (4) Every member of the Review Board appointed under subsection (1) may enter at any time any licensed home for children and young persons and make such inquiries or examination therein as appear to the member necessary and must also make such reports as may be required by the Minister. [3/2011] (5) Any person who refuses admittance to any such member of the Review Board appointed under subsection (1) or offers any hindrance or obstruction to such member after his or her identity is reasonably established shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [3/2011] (6) For the purpose of this section, a proper care plan must meet such requirements as may be specified by the Director‑General. [52G [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s69
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 69
title: Director‑General may direct remedial measures
content:
69. —(1) The Director‑General may, in respect of any licensed home for children and young persons, by written notice, give such directions as the Director‑General thinks necessary to ensure that — ( a ) it is operated and managed satisfactorily; ( b ) the welfare of the children and young persons residing in the home is properly safeguarded and promoted; and ( c ) the provisions of this Act are complied with. [3/2011; 30/2019] (2) To avoid doubt, a direction under subsection (1) may include a direction requiring the licensee of a licensed home for children and young persons to suspend any staff of the home from his or her duties. [3/2011] (3) A notice under subsection (1) must — ( a ) be served upon the licensee of the home for children and young persons; and ( b ) specify the period of time within which a direction must be complied with. [52H [3/2011]


document_id: cypa-1993
provision_ref: s70
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 70
title: Duty to furnish information
content:
70. —(1) The Director‑General may, from time to time, by written notice, require the licensee of a home for children and young persons to furnish any information as the Director‑General may require relating to — ( a ) the staff and residents; ( b ) the condition or treatment of any resident; ( c ) the premises of the home, the accommodation provided at the home and the environment at the home; and ( d ) any matter relevant to the administration or enforcement of this Act. [3/2011; 30/2019] (2) A licensee who on receipt of any notice under subsection (1) — ( a ) refuses or fails to furnish any information required by the Director‑General; or ( b ) gives any false or misleading information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [52I [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s71
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 71
title: Director‑General may order closure of home for children and young persons
content:
71. —(1) If the Director‑General has reason to believe that — ( a ) the premises of a licensed home for children and young persons are unfit or unsafe for use as such; or ( b ) the safety or welfare of the children and young persons residing in the home is being endangered, the Director‑General may, by written order, direct the immediate closure of the home for children and young persons. [3/2011; 30/2019] (2) The Director‑General may make an order under subsection (1) even though the licence in respect of the home for children and young persons has not been cancelled, revoked or suspended. [3/2011; 30/2019] (3) An order under this section must be served on the licensee of the home for children and young persons and takes effect from the date of the service of the order. [3/2011] (4) It is sufficient service of an order under this section if — ( a ) it is delivered personally to the licensee; ( b ) it is sent by registered post to the last known residential or business address of the licensee; or ( c ) a copy of the order is posted in a conspicuous place on or in the premises of the home for children and young persons to which the order relates. [3/2011] (5) Any person who fails to comply with an order served on the person under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [52J [3/2011]


document_id: cypa-1993
provision_ref: s72
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 72
title: Cancellation of licence at request of licensee
content:
72. —(1) The licensee of any licensed home for children and young persons may, upon giving 6 months’ prior notice of the licensee’s intention to do so, apply for the cancellation of the licence issued in respect of the licensed home for children and young persons. [3/2011] (2) The executor or administrator of a deceased licensee, may, upon giving one month’s prior written notice of his or her intention to do so, apply for the cancellation of the licence issued in respect of the licensed home for children and young persons. [3/2011] (3) Where a notice has been given under subsection (1) or (2) and has not been withdrawn, the licence is deemed to be cancelled upon the expiry of the notice period referred to in that subsection. [52K [3/2011]


document_id: cypa-1993
provision_ref: s73
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 73
title: Revocation and suspension of licence
content:
73. —(1) The Director‑General may revoke or suspend a licence to use any premises as a home for children and young persons — ( a ) on any of the grounds on which the Director‑General could have refused to issue a licence under section 63; ( b ) if the licensee fails to comply with any direction given by the Director‑General under section 69; ( c ) if the premises has ceased to be used as a home for children and young persons; ( d ) if in the opinion of the Director-General — (i) the standard of care available to or provided to any resident in the home is unsatisfactory; (ii) any resident has been ill-treated or neglected in a manner likely to cause unnecessary suffering to the resident or has been kept in an environment that is injurious to the resident’s mental or physical health; (iii) the premises of the home are in such a condition, or the home is managed or conducted in such a manner, that the revocation of the licence is required in the interests of the residents or in the public interest; ( e ) if a licensee is convicted of any offence under this Act; or ( f ) if a licensee has contravened or failed to comply with any of the provisions of this Act or any condition specified in the licence issued to the licensee. [3/2011; 30/2019] (2) Before revoking or suspending a licence, the Director‑General must give notice to the licensee of the ground or grounds on which he or she proposes to revoke or suspend the licence and must give the licensee an opportunity to show cause as to why the licence should not be revoked or suspended. [3/2011; 30/2019] (3) A licensee who wishes to show cause against the revocation or suspension of the licence must submit his, her or its reasons in writing to the Director‑General within 14 days after the date of the notice given by the Director‑General under subsection (2), failing which the Director‑General may nonetheless proceed to revoke or suspend the licence, as the case may be. [3/2011; 30/2019] (4) The Director‑General must give written notice to the licensee of the Director‑General’s decision to revoke or suspend a licence. [52L [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s74
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 74
title: Effect of cancellation, revocation or suspension of licence
content:
74. —(1) Where the licence of a home for children and young persons is cancelled under section 72, or revoked or suspended under section 73, the home ceases to be used as such with effect from the date on which the licence is cancelled, revoked or suspended, as the case may be. [3/2011] (2) To avoid doubt, subsection (1) has effect despite any appeal by the licensee to the Minister under section 76. [52M [3/2011]


document_id: cypa-1993
provision_ref: s75
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 75
title: Discharge or transfer of children and young persons
content:
75. When the licence of a home for children and young persons is cancelled, revoked or suspended, or the Director‑General has ordered its immediate closure under section 71, the children and young persons residing therein must, by order of the Minister, either be discharged or transferred to another licensed home for children and young persons specified in the order. [52N [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s76
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 76
title: Appeal
content:
76. Any person aggrieved by any decision of the Director‑General under section 63 or 73 may, within 21 days after the date of the written notice of the decision, appeal to the Minister whose decision is final. [52O [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s77
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 77
title: Exemption
content:
77. —(1) Subject to subsection (2), this Part does not apply to — ( a ) any home for children and young persons which is operated by the Government; ( b ) any early childhood development centre licensed under the Early Childhood Development Centres Act 2017; ( c ) any school which is registered under the Education Act 1957; ( d ) any home for children and young persons which is, and is operated exclusively as, an approved institution under the Probation of Offenders Act 1951; ( e ) any place where a child or young person is being cared for by a parent, family member or foster parent; and ( f ) such other home for children and young persons as may be prescribed. [3/2011; 2/2012; 19/2017] (2) Sections 67 and 68 apply to a home for children and young persons under the management or control of the Government. [52P [3/2011]


document_id: cypa-1993
provision_ref: s78
chapter: PART 3A - LICENSING OF HOMES FOR CHILDREN
section: 78
title: Regulations for this Part
content:
78. —(1) The Minister may make regulations for the purposes of this Part and, in particular, for the management of licensed homes for children and young persons and for the maintenance of order and discipline of the staff and of the persons residing in such homes. [3/2011] (2) Without limiting subsection (1), the Minister may make regulations providing for all or any of the following matters: ( a ) the forms, fees and registers for the purposes of this Act; ( b ) the operation, management and supervision of a licensed home for children and young persons; ( c ) the duties and responsibilities of licensees of licensed homes for children and young persons; ( d ) the standard of care and supervision of children and young persons residing in a licensed home for children and young persons; ( e ) the control and supervision of activities in a licensed home for children and young persons; ( f ) the keeping of records; ( g ) the reports and information to be supplied to the Director‑General in respect of a licensed home for children and young persons; ( h ) the prescribing of anything which may be prescribed under this Part. [3/2011 ; 30/2019] (3) The Director‑General may, by written notice to the licensee of a licensed home for children and young person, vary or waive wholly, partly or conditionally the requirements of any regulation in respect of that home for children and young persons and may amend or withdraw any such notice. [52Q [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s79
chapter: PART 4 - REMAND HOMES
section: 79
title: Custody of children and young persons not released on bail
content:
79. —(1) The Minister may provide or appoint such remand homes as may be required for the purposes of this Act. (2) Whenever any person apparently below 18 years of age has been arrested and is not released on bail, any police officer must, despite anything to the contrary in any other written law, cause that person to be remanded in a remand home until he or she can be brought before a court unless the officer certifies — ( a ) that it is impracticable to do so; ( b ) that he or she is of so unruly a character that he or she cannot be safely so remanded; or ( c ) that by reason of his or her state of health or of his or her mental or bodily condition it is inadvisable to so remand him or her. [Act 30 of 2019 wef 30/12/2025] (3) The certificate must be produced to the court before which the person is brought. [53


document_id: cypa-1993
provision_ref: s80
chapter: PART 4 - REMAND HOMES
section: 80
title: Remand of or committal to custody in remand home
content:
80. —(1) Despite anything to the contrary in any other written law, a court on remanding a child or young person who is not released on bail, instead of remanding him or her in custody in a prison, is to remand him or her in custody in a remand home named in the order of remand for the period for which he or she is remanded or until he or she is from that place delivered in due course of law. (2) Despite anything to the contrary in any other written law, a court committing for trial a child or young person who is not released on bail, instead of committing him or her to prison, is to commit him or her to a remand home, to be remanded there for the period for which he or she is committed or until he or she is delivered from that place in due course of law. (3) Where an order made by the Youth Court in respect of a child or young person under section 49(1) has been contravened, the Youth Court may, even though the person is older than 18 years of age (but below 21 years of age) at the time of the contravention, order that the person be remanded in a remand home pending any further order by the Court on how he or she is to be dealt with. [3/2011; 27/2014] [Act 30 of 2019 wef 30/12/2025] (4) Despite subsection (1), any person while being subject to the jurisdiction of the Youth Court who has attained 18 years of age (but below 21 years of age) may be remanded at a remand home. [27/2014] [Act 30 of 2019 wef 30/12/2025] (5) Despite subsections (1) and (2), in the case of a young person it is not obligatory on the court to remand him or her in or commit him or her to a remand home under those subsections if the court certifies that it is impracticable to do so, or that he or she is of so unruly a character that he or she cannot be safely so remanded or committed, and in that case the court may remand the young person to custody in, or may commit him or her to, a prison. (6) An order of remand or committal under this section may be varied or, in the case of a young person who proves to be of so unruly a character that he or she cannot be safely remanded in a remand home, revoked by any court; and if it is revoked the young person may be remanded in custody in, or committed to, a prison. (7) The order or judgment pursuant to which a child or young person is committed to custody in a remand home must be delivered with the child or young person to the person‑in‑charge of the remand home and is sufficient authority for his or her remand in that place in accordance with the tenor thereof. [30/2019] (8) A child or young person while so remanded, and while being conveyed to and from the remand home, is deemed to be in lawful custody, and if he or she escapes may be apprehended without warrant and brought back to the remand home in which he or she was remanded. [54


document_id: cypa-1993
provision_ref: s81
chapter: PART 5 - PLACES OF DETENTION
section: 81
title: Provision of places of detention
content:
81. —(1) The Minister may provide or appoint such places of detention as may be required for the purposes of this Act. (2) The order or judgment pursuant to which a child or young person is committed to custody in a place of detention must be delivered with the child or young person to the person‑in‑charge of the place of detention and is sufficient authority for the detention of the child or young person in that place in accordance with the tenor thereof. [30/2019] (3) A child or young person while so detained and while being conveyed to and from the place of detention is deemed to be in lawful custody, and if he or she escapes may be apprehended without warrant and brought back to the place of detention in which he or she was detained. (4) When any person is, under the provisions of this Act, committed by an order or judgment of a court to a place of detention, the order or judgment is not invalidated by any subsequent proof that the person is not a child or young person; but in that case it is lawful for the court before which such proof is brought to order the production of the person before it for inquiry and, if it thinks fit, to revoke the order of committal; and the order is thereupon cancelled. [55


document_id: cypa-1993
provision_ref: s82
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 82
title: Minister may appoint juvenile rehabilitation centres and places of safety
content:
82. —(1) The person‑in‑charge of any institution intended for the reception, care and rehabilitation of persons to be sent there under this Act may apply to the Minister to appoint the institution as a juvenile rehabilitation centre or place of safety. [3/2011; 30/2019] (2) The Minister may, after directing the Director‑General to make such inquiries as the Minister thinks fit, so appoint the institution and issue a certificate of appointment and approval to the person‑in‑charge thereof, and such certificate must be published in the Gazette . [30/2019] (3) Any institution appointed under subsection (2) is, while that certificate remains in force, an appointed juvenile rehabilitation centre or place of safety for the purposes of this Act. [56 [3/2011]


document_id: cypa-1993
provision_ref: s83
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 83
title: Person‑in‑charge may make regulations with approval of Minister
content:
83. The person‑in‑charge of an appointed juvenile rehabilitation centre or place of safety may, with the approval of the Minister, make regulations for the regulation and management of the institution under his or her charge. [57 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s84
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 84
title: Person‑in‑charge must send monthly report to Director‑General
content:
84. The person‑in‑charge of an appointed juvenile rehabilitation centre or place of safety must send a monthly report to the Director‑General containing such particulars as may be required by the regulations for the juvenile rehabilitation centre or place of safety. [58 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s85
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 85
title: Minister may cancel certificate
content:
85. —(1) A report on the condition of any appointed juvenile rehabilitation centre or place of safety must be made to the Minister by the Director‑General if the Director‑General is dissatisfied with the condition of the juvenile rehabilitation centre or place of safety. [3/2011; 30/2019] (2) The Minister may, upon consideration of this report, cancel his or her certificate and, upon written notice of such cancellation having been given to the person‑in‑charge thereof, the juvenile rehabilitation centre or place of safety ceases to be an appointed juvenile rehabilitation centre or place of safety from such time as is specified in the notice, and such cancellation must be notified in the Gazette . [59 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s86
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 86
title: Person‑in‑charge or his or her executor or administrator may cancel certificate
content:
86. —(1) The person‑in‑charge of any appointed juvenile rehabilitation centre or place of safety may, upon giving 6 months’ previous notice, and the executors and administrators of a deceased person‑in‑charge may, upon giving one month’s previous written notice of his, her or their intention to do so, apply for the cancellation of the certificate given to the juvenile rehabilitation centre or place of safety. [3/2011; 30/2019] (2) Where a notice has been given under subsection (1) and has not been withdrawn, the certificate is deemed on the expiry of the notice to be cancelled, and such cancellation must be published in the Gazette . [60


document_id: cypa-1993
provision_ref: s87
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 87
title: Duties of persons‑in‑charge
content:
87. The person‑in‑charge of an appointed juvenile rehabilitation centre or place of safety must carry out all duties necessary for the reception, care and rehabilitation of any child or young person sent to him or her under this Act for the period which the child or young person is liable to be detained or until the certificate is cancelled. [61 [30/2011; 30/2019]


document_id: cypa-1993
provision_ref: s88
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 88
title: Effect of cancellation of certificate
content:
88. Whenever the certificate of an appointed juvenile rehabilitation centre or place of safety is cancelled under section 85, no child or young person may be received into the juvenile rehabilitation centre or place of safety, under any of the provisions of this Act, after written notice of such cancellation is given to the person‑in‑charge of the juvenile rehabilitation centre or place of safety. [62 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s89
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 89
title: Discharge or transfer of juveniles
content:
89. —(1) When the certificate of an appointed juvenile rehabilitation centre or place of safety is cancelled, the persons resident there must be, by order of the Minister, either discharged or transferred to some other appointed juvenile rehabilitation centre or place of safety or to a juvenile rehabilitation centre or place of safety established under section 90. [3/2011] (2) The whole period of detention for which any person was sent to such juvenile rehabilitation centre or place of safety must not be increased by the transfer. [63 [3/2011]


document_id: cypa-1993
provision_ref: s90
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 90
title: Minister may establish juvenile rehabilitation centres and places of safety
content:
90. —(1) The Minister may, by order in the Gazette , establish such juvenile rehabilitation centres and places of safety as may be necessary for the purposes of this Act. [3/2011] (2) Every such order must specify the premises in which the juvenile rehabilitation centre or place of safety to which it refers is to be established and must state whether the same is to be used for male or female persons, or both. [64 [3/2011]


document_id: cypa-1993
provision_ref: s91
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 91
title:
Control and management of juvenile rehabilitation centres and places of safety established under section 90

content:
91. —(1) Juvenile rehabilitation centres and places of safety established by the Minister under section 90 are under the control and management of — ( a ) the Director‑General; or ( b ) a governing board consisting of such persons as may be appointed by the Minister. [3/2011; 30/2019] (2) In controlling and managing any juvenile rehabilitation centre or place of safety established under section 90, the Director‑General or a governing board appointed under subsection (1)( b ) has the powers, functions and duties conferred or imposed on the person‑in‑charge of a juvenile rehabilitation centre or place of safety by this Act. [65 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s92
chapter: PART 6 - JUVENILE REHABILITATION CENTRES
section: 92
title: Director‑General may make regulations for juvenile rehabilitation centres and places of safety
content:
92. The Director‑General may, with the approval of the Minister, make regulations for the management of juvenile rehabilitation centres or places of safety established under the provisions of this Act and for the maintenance of order and discipline of the staff and the persons detained therein. [66 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s93
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 93
title:
Duties and powers of person‑in‑charge of juvenile rehabilitation centre, place of safety, remand home or place of detention

content:
93. —(1) Without affecting section 87, the person‑in‑charge of a juvenile rehabilitation centre, place of safety, remand home or place of detention has the following duties in respect of persons who are detained therein under this Act: ( a ) to prevent the escape of such persons from lawful custody; ( b ) to prevent, detect and report on, the commission or attempted commission by such persons of any other unlawful acts; ( c ) to ensure good order and discipline on the part of such persons; ( d ) to attend to the well-being of such persons; and ( e ) to carry out in respect of such persons such other duties as may be prescribed. [3/2011; 30/2019] (2) For the purpose of discharging his or her duties under subsection (1), the person‑in‑charge of a juvenile rehabilitation centre, place of safety, remand home or place of detention may — ( a ) give to any person being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention any order that the person‑in‑charge believes on reasonable grounds to be necessary — (i) for the security or good order in the juvenile rehabilitation centre, place of safety, remand home or place of detention; (ii) for the welfare or safe custody of that person or the other persons being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention; or (iii) for ensuring that that person or any other person being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention does not commit any offence or any breach of discipline; ( b ) require any person being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention to provide any information or answer any question that may be relevant to any duty being performed by the person‑in‑charge; ( c ) search any person being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention and any article in the possession of such person; ( d ) use such force as is reasonable and necessary — (i) to compel a person being detained in the juvenile rehabilitation centre, place of safety, remand home or place of detention to obey any order or requirement given or made by the person‑in‑charge under this section; or (ii) to restrain any such person who is attempting or preparing to commit or is committing any offence or any breach of discipline; and ( e ) exercise such other powers as may be conferred on the person‑in‑charge by this Act. [3/2011; 30/2019] (3) In this section, the reference to the person‑in‑charge of a juvenile rehabilitation centre, place of safety, remand home or place of detention includes any person assisting the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home or place of detention in the management thereof. [68 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s94
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 94
title: Use of mechanical restraint
content:
94. —(1) The person‑in‑charge of any home for children and young persons that is operated by or under the management or control of the Government may use, or authorise any person who is assisting the person‑in‑charge of the home to use, mechanical restraint on a person detained in the home for the purposes (called in this section a detainee) mentioned in subsection (2). [30/2019] (2) The purposes mentioned in subsection (1) are — ( a ) to prevent a detainee from escaping from custody, including while transferring that detainee to a prescribed place or from a prescribed place to the home; and ( b ) to prevent a detainee from inflicting any bodily injury on himself or herself, or any other detainee or person within the home. [30/2019] (3) For the purposes of subsection (1) read with subsection (2) — ( a ) the person‑in‑charge of a home for children and young persons and such person authorised by the person‑in‑charge of the home under subsection (1) may carry or have in their possession or under their control any mechanical restraint in any public place; and ( b ) the mechanical restraint must be removed from a detainee immediately once it is no longer necessary. [30/2019] (4) To avoid doubt, the person‑in‑charge of a home for children and young persons or such person authorised by the person‑in‑charge of the home under subsection (1) must not use a mechanical restraint on a detainee as punishment. [30/2019] (5) In this section, “mechanical restraint” means handcuffs, leg braces, flexi cuffs or any other similar means of restraint. [68A [30/2019]


document_id: cypa-1993
provision_ref: s95
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 95
title:
Minister may discharge or transfer any person from one juvenile rehabilitation centre, place of safety or place of detention to another

content:
95. —(1) The Minister may at any time, despite any order made by any court, order any person to be discharged from any juvenile rehabilitation centre, place of safety or place of detention or to be transferred from one juvenile rehabilitation centre, place of safety or place of detention to another. [3/2011] (2) The whole period of detention for which any person was sent to such juvenile rehabilitation centre, place of safety or place of detention must not be increased by the transfer. [69 [3/2011]


document_id: cypa-1993
provision_ref: s96
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 96
title: Illness of child or young person detained
content:
96. —(1) In the case of the serious illness of any child or young person who is detained in a juvenile rehabilitation centre, place of safety, remand home or place of detention under the provisions of this Act, in which there is no suitable facilities for the child or young person, the person‑in‑charge of such juvenile rehabilitation centre, place of safety, remand home or place of detention may, on the certificate of a registered medical practitioner, make an order for the admittance of a child or young person to an approved hospital. [3/2011; 30/2019] (2) So long as any child or young person who has been removed to an approved hospital under subsection (1) remains in the approved hospital, the registered medical practitioner of the approved hospital must, at the end of every month, transmit to the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home or place of detention where the child or young person was detained a certificate signed by the registered medical practitioner that it is in his or her opinion necessary that the child or young person should remain in the approved hospital. [3/2011; 30/2019] (3) In this section, “approved hospital” includes any hospital which the Minister may, by notification in the Gazette , declare to be a hospital for the purposes of this section. [70


document_id: cypa-1993
provision_ref: s97
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 97
title:
Return from approved hospital to juvenile rehabilitation centre, place of safety, remand home or place of detention

content:
97. —(1) So soon as, in the opinion of the registered medical practitioner in charge in any approved hospital, it is no longer necessary that any child or young person who has been removed to the approved hospital should remain in the approved hospital, the registered medical practitioner must transmit to the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home or place of detention where the child or young person was detained a certificate stating that the necessity has ceased. [3/2011; 30/2019] (2) Upon the transmission of the certificate, the person‑in‑charge must immediately cause the child or young person to be brought back to the juvenile rehabilitation centre, place of safety, remand home or place of detention if he or she is still liable to be detained therein. [71 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s98
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 98
title: Duty to inform person‑in‑charge
content:
98. Where a child or young person detained in a juvenile rehabilitation centre or place of safety is admitted to an approved hospital, it is the duty of a registered medical practitioner or any officer of the approved hospital to inform the person‑in‑charge of the juvenile rehabilitation centre or place of safety, if he or she has reason to believe that the child or young person may escape. [72 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s99
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 99
title: Special custody in hospital
content:
99. —(1) Where in any case, from the gravity of the offence for which any child or young person may be in custody or for any other reason, the person‑in‑charge of the place where the child or young person is detained considers it to be desirable to take special measures for the security of the child or young person while under treatment in an approved hospital, it is lawful for the person‑in‑charge to give the child or young person into the charge of at least one fit and proper person who must always be with the child or young person day and night. [30/2019] (2) The person referred to in subsection (1) is vested with full power and authority to do all things necessary to prevent the child or young person from escaping, and is answerable for his or her safe custody until such time as he or she is handed over to the person‑in‑charge on his or her discharge from the approved hospital or until such time as his or her period of detention expires, whichever is earlier. [73 [30/2019]


document_id: cypa-1993
provision_ref: s100
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 100
title:
Power of Director‑General or protector to give consent to medical examination or medical treatment to child or young person in need thereof

content:
100. Where a child or young person who has been committed to the care of a fit person or who is being detained in a juvenile rehabilitation centre, a place of safety, an approved institution, a remand home, a place of detention, a place of temporary care and protection or any other place being used for the reception and care of children or young persons is in need of any medical examination or medical treatment (including any surgical procedure) and — ( a ) the consent of the parent or guardian of the child or young person to such medical examination or medical treatment cannot be obtained despite all reasonable efforts; and ( b ) any delay in carrying out the medical examination or medical treatment would cause the child or young person unnecessary suffering or endanger his or her health, the Director‑General or a protector may give consent to the carrying out of such medical examination or medical treatment and any consent so given is, for all intents and purposes, sufficient consent and authorisation for the carrying out of the medical examination or medical treatment. [74 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s101
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 101
title: Saving of powers of General Division of High Court
content:
101. Nothing contained in this Act is to be held to lessen or affect the powers of Judges sitting in the General Division of the High Court to direct persons confined in Singapore to be brought before the General Division of the High Court by an Order for Review of Detention. [75 [42/2005; 40/2019]


document_id: cypa-1993
provision_ref: s102
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 102
title:
Review of cases of persons ordered to be detained in juvenile rehabilitation centres or places of safety

content:
102. —(1) The person‑in‑charge of any juvenile rehabilitation centre or place of safety must review all cases of children or young persons committed to the juvenile rehabilitation centre or place of safety under section 49 or 59 and may, after such review, recommend to the Director‑General that any child or young person be released on licence. [3/2011; 30/2019] (2) The Director‑General, on the advice of the Review Board and despite any order made by any court, has power to order the release on licence of any person who has been detained in a juvenile rehabilitation centre or place of safety, at any time before the completion of his or her full period of detention and on such conditions as may be stated by the Director‑General in the order, including a condition that he or she is to be under the supervision of such person as may be specified in the order. [3/2011; 30/2019] (3) The Director‑General may at any time modify or cancel any of the conditions. [30/2019] (4) If a person released from a juvenile rehabilitation centre or place of safety on licence by order of the Director‑General fails to comply with any condition of his or her licence, the Director‑General may order the return of that person to the juvenile rehabilitation centre or place of safety from which he or she was released, to be detained there for the unexpired portion of his or her original period of detention or such shorter period as the Director‑General thinks fit. [3/2011; 30/2019] (5) Where a person has returned to the juvenile rehabilitation centre or place of safety under subsection (4), the Director‑General may, on the advice of the Review Board, order the release on licence of that person if he or she has served a minimum period of 6 months under detention after his or her return. [3/2011; 30/2019] (6) If any person while under licence or after his or her recall is sentenced to imprisonment, any period for which he or she is imprisoned under that sentence counts as part of the period for which he or she is liable to detention in a juvenile rehabilitation centre or place of safety under his or her original detention order. [76 [3/2011]


document_id: cypa-1993
provision_ref: s103
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 103
title: Escape from juvenile rehabilitation centres or places of safety
content:
103. —(1) Every person detained under this Act in a juvenile rehabilitation centre or place of safety must serve the full period of his or her detention as ordered by the court and is deemed to be in lawful custody until he or she is lawfully discharged therefrom. [3/2011] (2) If any person who is being detained under this Act in a juvenile rehabilitation centre or place of safety escapes from the juvenile rehabilitation centre or place of safety before the expiry of his or her period of detention — ( a ) he or she may be apprehended without warrant by a police officer or an approved welfare officer and brought back to the juvenile rehabilitation centre or place of safety by the police officer or approved welfare officer, as the case may be; and ( b ) the period of his or her detention in the juvenile rehabilitation centre or place of safety is extended by the period (as computed by the person‑in‑charge of the juvenile rehabilitation centre or place of safety) for which he or she was at large. [3/2011; 30/2019] (3) Despite anything stated in this section, a person must not be detained in any juvenile rehabilitation centre or place of safety after he or she attains 21 years of age. [77 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s104
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 104
title:
Penalties for assisting or inducing persons to escape and for harbouring or concealing escaped persons

content:
104. Any person who — ( a ) knowingly assists, directly or indirectly, any person legally detained in any juvenile rehabilitation centre, place of safety or place of detention or committed to the care or custody of a person or detained in any approved hospital to escape therefrom; ( b ) induces any such person so to escape; or ( c ) knowing that any such person ordered to be detained or committed has escaped from any such juvenile rehabilitation centre, place of safety or place of detention or from the care or custody of a person or from an approved hospital, harbours or conceals or assists in harbouring or concealing that person, or causes or induces him or her not to return to such school, home, person, place of detention or approved hospital, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [78 [3/2011]


document_id: cypa-1993
provision_ref: s105
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 105
title:
Prohibition against conveying certain articles to persons being detained in juvenile rehabilitation centre, place of safety, remand home or place of detention

content:
105. Any person who without lawful authority — ( a ) conveys, supplies or causes to be conveyed or supplied to any person being detained in a juvenile rehabilitation centre, place of safety, remand home or place of detention; or ( b ) hides or places in a juvenile rehabilitation centre, place of safety, remand home or place of detention for the use of any person being detained therein, any letter or document, or any intoxicating liquor, tobacco, drug, opiate, money, clothing, provisions, toiletry or any other article shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. [79 [3/2011]


document_id: cypa-1993
provision_ref: s106
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 106
title: Evidence of orders of Minister
content:
106. A copy under the hand of the Director‑General is evidence of any order, authority or direction given by the Minister under the provisions of this Act. [80 [30/2019]


document_id: cypa-1993
provision_ref: s107
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 107
title: Presumption
content:
107. The production of the warrant or other document, pursuant to which a child or young person is directed to be sent to a juvenile rehabilitation centre, place of safety, remand home or place of detention or committed to the care or custody of a person or directed to be sent to an approved hospital, with a statement endorsed thereon or annexed thereto purporting to be signed by the person‑in‑charge of the juvenile rehabilitation centre, place of safety, remand home, place of detention or approved hospital or by the person to whose care or custody the child or young person is committed (as the case may be) to the effect that the child or young person named therein was duly — ( a ) received into and is at the date of the signing thereof detained in such juvenile rehabilitation centre, place of safety, remand home or place of detention; or ( b ) taken into his or her care or custody and is at the date of signing thereof still in his or her care or custody, or has been otherwise dealt with according to law, is in all proceedings relating to that child or young person prima facie evidence of the identity and of the lawful detention or disposal of the child or young person named in that warrant or document. [81 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s108
chapter: PART 7 - PROVISIONS APPLICABLE TO PERSONS BEING DETAINED
section: 108
title: Evidence
content:
108. A copy of the regulations of a juvenile rehabilitation centre, place of safety, remand home or place of detention appointed or established under the provisions of this Act or of an approved hospital, purporting to be signed by the Director‑General is evidence of such regulations in all legal proceedings. [82 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s109
chapter: PART 8 - EXPENSES AND CONTRIBUTIONS
section: 109
title: Contributions by parents or guardians
content:
109. Where an order has been made by a Youth Court under any of the provisions of this Act committing a child or young person to the care of a fit person, or sending the child or young person to a juvenile rehabilitation centre, place of detention, place of safety or place of temporary care and protection, it is the duty of a parent or guardian or other person having the custody of the child or young person to make contributions in respect of the maintenance of the child or young person. [83 [3/2011; 27/2014]


document_id: cypa-1993
provision_ref: s110
chapter: PART 8 - EXPENSES AND CONTRIBUTIONS
section: 110
title: Contribution order
content:
110. —(1) When an order has been made by a Youth Court committing a child or young person to the care of a fit person or sending the child or young person to a juvenile rehabilitation centre, place of detention, place of safety or place of temporary care and protection or hostel, the Court which makes the order may, at the same time or subsequently, make an order (called in this section a contribution order) on the parent or guardian or person having the custody of the child or young person requiring him or her to contribute such weekly or monthly sum as the Court, having regard to the means of the parent, guardian or person having the custody of the child or young person, thinks fit. [3/2011; 27/2014] (2) An order made under subsection (1) may be made against a parent or guardian or person having the custody of the child or young person, who, having been required to attend, has failed to do so. (3) Subject to subsection (2), no order under subsection (1) may be made without giving the parent or guardian or person having the custody of the child or young person an opportunity to be heard. (4) A contribution order remains in force — ( a ) in the case of a child or young person committed to the care of a fit person, so long as the order for his or her committal is in force; and ( b ) in the case of a child or young person ordered to be sent to a juvenile rehabilitation centre, place of detention, place of safety or place of temporary care and protection, until he or she ceases to be under the care of the person in charge for the time being of such a juvenile rehabilitation centre, place of detention, place of safety or place of temporary care and protection. [3/2011] (5) No contribution is payable under a contribution order in respect of any period during which a person ordered to be sent to a juvenile rehabilitation centre, place of detention, place of safety or place of temporary care and protection is released on licence from a juvenile rehabilitation centre or place of safety or placed under the supervision of an approved welfare officer. [3/2011] (6) A contribution order made under this section — ( a ) may be varied, revoked or suspended by the Youth Court; but ( b ) must not be so varied as to increase any contribution payable thereunder without giving the person making the contribution an opportunity to be heard. [27/2014] (7) If any person wilfully neglects to comply with a contribution order made under this section, the Youth Court may, for every breach of the order, by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court, or may sentence the person to imprisonment for a term not exceeding one month for each month’s contribution remaining unpaid. [84 [27/2014]


document_id: cypa-1993
provision_ref: s111
chapter: PART 9 - MISCELLANEOUS
section: 111
title:
Restriction on publication of information leading to identification of child or young person who is subject of investigation, etc.

content:
111. —(1) A person must not, without the Director‑General’s approval, publish or broadcast — ( a ) any information or picture that identifies, or is likely to lead to the identification of any child or young person as a child or young person who — (i) had been or is the subject of any investigation under this Act; (ii) had been or is arrested on or after 1 July 2020, for an offence committed under any written law; (iii) had been or is taken into care or custody by the Director‑General, a protector, any officer generally or specially authorised in that behalf in writing by the Director‑General or a protector or a police officer under this Act; (iv) had attended or is attending a family programme in relation to an application to be made under section 59; or (v) was or is the subject of an order made by a court under this Act; or ( b ) any information or picture mentioned in paragraph ( a ) even after the child or young person attains 18 years of age (called in this section the protected person). [30/2019] (2) A court may — ( a ) on the application made by the Director‑General or a protector, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 27A(1) as in force immediately before 1 July 2020 or subsection (1)( a ); or ( b ) on the application made by the protected person, order a person to remove the publication, or stop the broadcast, of any information or picture that is published or broadcast in contravention of subsection (1)( b ). [30/2019] (3) The court may make an order under subsection (2) even if — ( a ) the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or ( b ) where the application has been served on the respondent, the respondent does not appear at the hearing of the application, so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the child or young person concerned or the protected person, as the case may be. [30/2019] (4) If any information or picture is published or broadcast in contravention of subsection (1)( a ) or ( b ) — ( a ) in the case of the publication of any information or picture as part of a newspaper or periodical publication, every proprietor, editor, publisher or distributor of the newspaper or periodical publication; ( b ) in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it; or ( c ) in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast, and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, shall jointly be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. [30/2019] (5) In proceedings for an offence under subsection (4), the court may, whether or not there is a conviction for the offence, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of subsection (1)( a ) or ( b ). [30/2019] [Act 21 of 2023 wef 02/01/2025] (6) Where any proceeding is pending before a court as at 1 July 2020 for a contravention of section 27A(1) as in force immediately before that date (called in this subsection the unamended Act), the court may, in addition to any punishment mentioned in section 27A(2) of the unamended Act, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 27A(1) of the unamended Act. [30/2019] (7) In this section, “broadcast” and “publish” have the same meanings as in section 112(9). [84A [30/2019]


document_id: cypa-1993
provision_ref: s112
chapter: PART 9 - MISCELLANEOUS
section: 112
title:
Restriction on publication of information relating to proceedings involving children and young persons

content:
112. —(1) Subject to subsection (2), a person must not — ( a ) publish or broadcast any information relating to any proceedings in any court or on appeal from any court that reveals the name, address or school or that includes any particulars that are calculated to lead to the identification of any child or young person concerned in the proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein; ( b ) publish or broadcast any picture as being or including a picture of any child or young person so concerned in any such proceedings; or ( c ) publish or broadcast any information or picture mentioned in paragraph ( a ) or ( b ) even after the child or young person attains 18 years of age (called in this section the protected person). [30/2019] (1A) Subsection (1) does not apply in relation to any proceedings in court arising from an adoption application under the Adoption of Children Act 2022, including any appeal against any decision made by the court on the adoption application. [Act 20 of 2022 wef 15/10/2024] (2) A court may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (1) to such extent as may be specified in the order. [30/2019] (3) A court may — ( a ) on the application made by the Director‑General or a protector, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of — (i) section 35(1)( a ) or ( b ) of this Act as in force immediately before 1 July 2020; or (ii) subsection (1)( a ) or ( b ) on or after that date; or ( b ) on the application made by the protected person, order a person to remove the publication, or stop the broadcast, of any information or picture that is published or broadcast in contravention of subsection (1)( c ). [30/2019] (4) The court may make an order under subsection (3) even if — ( a ) the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or ( b ) where the application has been served on the respondent, the respondent does not appear at the hearing of the application, so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the child or young person concerned or the protected person, as the case may be. [30/2019] (5) If any information or picture is published or broadcast in contravention of subsection (1) — ( a ) in the case of the publication of any information or picture as part of a newspaper or periodical publication, every proprietor, editor, publisher or distributor of the newspaper or periodical publication; ( b ) in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication, the person who publishes or distributes it; or ( c ) in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast, and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication, shall jointly be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000. [30/2019] (6) A court may, in addition to any punishment mentioned in subsection (5), order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of subsection (1)( a ), ( b ) or ( c ). [30/2019] (7) Where any proceeding is pending before a court as at 1 July 2020 for a contravention of section 35(1)( a ) or ( b ) of this Act as in force immediately before that date (called in this subsection the unamended Act), the court may, in addition to any punishment mentioned in section 35(3) of the unamended Act, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 35(1)( a ) or ( b ) of the unamended Act. [30/2019] (8) Subsection (1) is in addition to, and not in derogation from, the provisions of any other written law with respect to the publication of information relating to judicial proceedings. [30/2019] (9) In this section — “broadcast” means sounds or visual images — ( a ) broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception; ( b ) broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or ( c ) broadcast through any messaging system; “messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or electronic mail — ( a ) from a digital mobile telephone to another digital mobile telephone; or ( b ) from an electronic mail address to a digital mobile telephone, and the other way around; “publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through — ( a ) the Internet or any website, web service or Internet application; or ( b ) any messaging system. [84B [30/2019]


document_id: cypa-1993
provision_ref: s113
chapter: PART 9 - MISCELLANEOUS
section: 113
title: Powers of Youth Court conferred on other courts
content:
113. Except as otherwise provided, nothing in this Act affects the powers of a Magistrate’s Court, a District Court or the General Division of the High Court, and all the powers which may be exercised under this Act by a Youth Court may, in like manner, be exercised by a Magistrate’s Court, a District Court or the General Division of the High Court. [85 [27/2014; 40/2019]


document_id: cypa-1993
provision_ref: s114
chapter: PART 9 - MISCELLANEOUS
section: 114
title: Protection from personal liability
content:
114. —(1) No liability shall lie personally against any of the following persons who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act: ( a ) the Director‑General; ( b ) any protector; ( c ) any police officer; ( d ) any approved welfare officer or volunteer welfare officer; ( e ) any probation officer or volunteer probation officer; ( f ) any member of the panel of advisers; ( g ) any foster parent; ( h ) the person-in-charge of any juvenile rehabilitation centre, home for children and young persons, place of detention, place of safety, place of temporary care and protection or remand home; ( i ) any person appointed by the Director‑General or a protector to whose care a child or young person is committed under a voluntary care agreement; ( j ) any member of the Review Board, Committee on Fostering or a governing board; ( k ) any other person acting under the direction of the Director‑General or a protector. [30/2019] (2) No liability shall lie personally against any person appointed by a court or pursuant to an order of a court, who, acting in good faith and with reasonable care, does or omits to do anything in the discharge or purported discharge of any order made by a court under this Act. [86 [30/2019]


document_id: cypa-1993
provision_ref: s115
chapter: PART 9 - MISCELLANEOUS
section: 115
title: Information relating to children and young persons in need of care or protection
content:
115. —(1) Any person who knows or has reason to suspect that a child or young person is in need of care or protection may make a notification to the Director‑General, a protector or a police officer of the facts and circumstances on which his or her knowledge or suspicion is based. [30/2019] (2) Where the Director‑General, a protector or a police officer not below the rank of sergeant ( A ) receives any notification under subsection (1), A may, without affecting any other power conferred on him or her by this Act, communicate any information contained in the notification to — ( a ) where A is the Director‑General — a protector or any other person assisting the Director‑General in the administration or enforcement of this Act in respect of the child or young person; ( b ) where A is a protector — the Director‑General, another protector or any other person assisting A in the administration or enforcement of this Act in respect of the child or young person; ( c ) where A is a police officer — the Director‑General or a protector; and ( d ) any other person or class of persons as may be prescribed, in order that A may take such action as may be necessary in accordance with this Act to ensure that the child or young person concerned receives the care or protection that he or she needs. [30/2019] (3) A person who makes a notification under subsection (1) — ( a ) shall not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and ( b ) insofar as the person has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification. (4) No liability shall lie personally against a person for communicating any information under subsection (2) if the person had done so in good faith and with reasonable care in compliance with that subsection. [30/2019] (5) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence must not be compelled — ( a ) to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or ( b ) to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1). [87


document_id: cypa-1993
provision_ref: s116
chapter: PART 9 - MISCELLANEOUS
section: 116
title: Confidentiality of information relating to children and young persons
content:
116. —(1) Any person to whom any information relating to a child or young person has been disclosed to the person by the Director‑General or a protector in the performance of any duty or the exercise of any power by the person, must not disclose the information to another person unless the disclosure has been authorised by the Director‑General or protector, as the case may be. [30/2019] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000. [87A [3/2011]


document_id: cypa-1993
provision_ref: s117
chapter: PART 9 - MISCELLANEOUS
section: 117
title: Offences by bodies corporate, etc.
content:
117. —(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. [3/2011] (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. [3/2011] (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. [3/2011] (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 that offence and shall be liable to be proceeded against and punished accordingly. [3/2011] (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. [3/2011] (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 officer, 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. [3/2011] (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore. [87B [3/2011]


document_id: cypa-1993
provision_ref: s117A
chapter: PART 9 - MISCELLANEOUS
section: 117A
title: Amendment of Second Schedule
content:
117A. —(1) The Minister may, by order in the Gazette , amend, add to or vary the Second Schedule. (2) An order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 31 of 2022 wef 30/12/2025]


document_id: cypa-1993
provision_ref: s118
chapter: PART 9 - MISCELLANEOUS
section: 118
title: Regulations
content:
118. —(1) The Minister may make regulations for carrying out the purposes of this Act and for any matter which is required under this Act to be prescribed. (2) Without limiting subsection (1) or any other provision of this Act, the Minister may make regulations for all or any of the following matters: ( a ) the care, maintenance and education of children and young persons committed to the care, custody or control of any person under the provisions of this Act and the duties of persons to whose care, custody or control the children and young persons have been committed; ( b ) the care, detention, temporary absence, maintenance, education, and conduct and discipline of persons below 21 years of age in juvenile rehabilitation centres, places of safety, remand homes, places of detention and places of temporary care and protection; ( c ) the constitution, functions and procedures of a governing board, the Committee on Fostering and the Review Board; ( d ) the inspection of juvenile rehabilitation centres, places of safety, remand homes, places of detention and places of temporary care and protection and returns to be furnished by persons in charge of such places; ( e ) the management of juvenile rehabilitation centres, places of safety, remand homes, places of detention and places of temporary care and protection; ( f ) the considerations, conditions and requirements subject to which a voluntary care agreement may be made; ( g ) the effect of a voluntary care agreement and the validity period of such voluntary care agreement; ( h ) the implementation, variation and termination of a voluntary care agreement. [88 [3/2011; 30/2019]


document_id: cypa-1993
provision_ref: s119
chapter: PART 9 - MISCELLANEOUS
section: 119
title: Family Justice Rules
content:
119. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice to be followed in the Youth Courts; and ( b ) to provide for any matter relating to any such procedure or practice. (2) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. (3) All Family Justice Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [89 [27/2014]


document_id: da-1934
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “judge” means a Judge in all cases where proceedings are taken in the General Division of the High Court, and means a District Judge in all cases where proceedings are taken in a District Court; “landlord” means the lessor or sublessor of any premises under any lease or agreement of tenancy, and includes any person claiming to be entitled in any capacity to receive rents due under any such lease or agreement; “prescribed form” means the form prescribed by the Rules of Court; “registrar” means a Registrar, a Deputy Registrar or an Assistant Registrar of the Supreme Court in all cases where proceedings are taken in the General Division of the High Court and means a Registrar, a Deputy Registrar or an Assistant Registrar of a District Court in all cases where proceedings are taken in a District Court; “sheriff” includes a bailiff of a District Court in all cases where proceedings are taken in a District Court; “tenant” means any person from whom a landlord claims rent to be due under any such lease or agreement. [40/2019]


document_id: da-1934
provision_ref: s5
section: 5
title: Application for writ of distress
content:
5. —(1) A landlord or his agent duly authorised in writing may apply by way of an application without notice to a judge or registrar for an order for the issue of a writ, to be called a writ of distress, for the recovery of rent due or payable to the landlord by a tenant of any premises for a period not exceeding 12 completed months of the tenancy immediately preceding the date of the application; and the judge or registrar may make such order accordingly. [Act 25 of 2021 wef 01/04/2022] (2) Such authority may be in the prescribed form, with such variations as circumstances require, and shall be produced at the time of the application. (3) Arrears of rent may be distrained for after the determination of the tenancy, provided that either the tenant is still in occupation of the premises in respect of which the rent is claimed to be due, or any goods of the tenant are still on the premises.


document_id: da-1934
provision_ref: s6
section: 6
title: Provision for distress by one of joint owners
content:
6. Where a right to a distraint accrues to persons jointly or together interested in any premises, such right may be exercised by any one of such persons in his own name and the names of those jointly or together interested with him, and the levy shall be a complete discharge to the defendant for the amount recovered; but the judge or registrar may in any case require the party so applying to produce a written authority to distrain, signed by the other persons jointly or together interested with him.


document_id: da-1934
provision_ref: s7
section: 7
title: Writ of distress
content:
7. A writ of distress shall be addressed to the sheriff, directing him forthwith to distrain any movable property found by him on the premises named therein, or such part of the property as may in his judgment be sufficient, when sold, to realise the amount of rent therein stated to be due to the applicant, together with such sum as may be due to the applicant by way of costs and to the sheriff for his fees and expenses.


document_id: da-1934
provision_ref: s8
section: 8
title: Property exempted from seizure
content:
8. Property seizable under a writ of distress shall not include — ( a ) things in actual use in the hands of a person at the time of the seizure; ( b ) tools and implements not in use where there is other movable property in or upon the house or premises sufficient to cover such amount and costs; ( c ) the tenant’s necessary wearing apparel and necessary bedding for himself and his family; ( d ) goods in the possession of the tenant for the purpose of being carried, wrought, worked up, or otherwise dealt with in the course of his ordinary trade or business; ( e ) goods belonging to guests at an inn; and ( f ) goods in the custody of the law.


document_id: da-1934
provision_ref: s9
section: 9
title: Inventory and estimate of property seized, and notice to tenant of seizure
content:
9. —(1) After seizing any property under a writ of distress, the sheriff shall make an inventory and an approximate valuation thereof, and shall give to the tenant a notice of the seizure in the prescribed form, with a copy of the inventory and valuation attached, informing him of the amount due under the writ and that the property seized will be sold at a time and place to be named therein (not being less than 6 days from the date thereof), unless he pays the amount due within 5 days from the date thereof, or obtains an order restraining such sale. (2) If the tenant is not on the premises, such notice may be given to any person appearing to be in occupation thereof, or if there is no such person, by posting it in some conspicuous place thereon.


document_id: da-1934
provision_ref: s10
section: 10
title: Application by under-tenant, lodger, etc., for discharge, suspension or release
content:
10. —(1) Where any movable property of — ( a ) any under-tenant; ( b ) any lodger; or ( c ) any other person whatsoever not being a tenant of the premises or any part thereof, and not having any beneficial interest in any tenancy of the premises or of any part thereof, has been seized under a writ of distress issued to recover arrears of rent due to a superior landlord by his immediate tenant, such under‑tenant, lodger or other person may apply to a judge to discharge or suspend the writ, or to release a distrained article. (2) No order shall be made unless such under-tenant, lodger or other person satisfies the court that the tenant has no right of property or beneficial interest in the furniture, goods or chattels and that such furniture, goods or chattels are the property or in the lawful possession of such under‑tenant, lodger or other person; and also in the case of an under‑tenant or a lodger unless such under‑tenant or lodger pays to the landlord or into court an amount equal to the arrears of rent in respect of which distress has been levied and also undertakes to pay to the landlord future rent, if any, due from him to the tenant. (3) In no case shall such under‑tenant paying at least 75% of the full monthly letting value of the premises comprised in the under‑tenancy or lodger be liable under this section to pay to the landlord or into court a sum greater than the rent which he owes to his immediate landlord. (4) For the purposes of this section and of sections 11 and 14, a lodger’s rent shall include such sum as he pays or owes to his immediate landlord for lodging, board, attendance and use of furniture.


document_id: da-1934
provision_ref: s11
section: 11
title: Payments by under-tenant or lodger to superior landlord to be deemed rent
content:
11. —(1) For the purposes of the recovery of any sums payable by an under-tenant or a lodger to a superior landlord under the undertaking specified in section 10, or under a notice served in accordance with section 14, the under‑tenant or lodger shall be deemed to be the immediate tenant of the superior landlord, and the sums payable shall be deemed to be rent. (2) Where the under-tenant or lodger has, in pursuance of any such undertaking or notice, paid any sums to the superior landlord, the under‑tenant or lodger may deduct the amount thereof from any rent due or which may become due from him to his immediate landlord, and any person (other than the tenant for whose rent the distress is levied or authorised to be levied) from whose rent a deduction has been made in respect of such a payment may make the like deductions from any rent due or which may become due from him to his immediate landlord.


document_id: da-1934
provision_ref: s12
section: 12
title: Exclusion of certain goods
content:
12. Section 10 shall not apply to — ( a ) goods belonging to the husband or wife of the tenant whose rent is in arrear, or to goods comprised in any bill of sale, hire‑purchase agreement, or settlement made by such tenant, or to goods in the possession, order or disposition of such tenant by the consent and permission of the true owner under such circumstances that such tenant is the reputed owner thereof; ( b ) goods of a partner of the immediate tenant; ( c ) goods (not being goods of a lodger) upon premises where any trade or business is carried on in which both the immediate tenant and the under‑tenant have an interest; ( d ) goods (not being goods of a lodger) on premises used as offices or warehouses where the owner of the goods neglects for one calendar month after notice (which shall be given in like manner as a notice to quit) to remove the goods and vacate the premises; or ( e ) goods belonging to and in the offices of any company or corporation on premises the immediate tenant whereof is a director or an officer, or is in the employment of such company or corporation.


document_id: da-1934
provision_ref: s13
section: 13
title: Exclusion of certain under-tenants
content:
13. Section 10 shall not apply to any under-tenant where the under‑tenancy has been created in breach of any covenant or agreement in writing between the landlord and his immediate tenant.


document_id: da-1934
provision_ref: s14
section: 14
title: Avoidance of distress
content:
14. Where the rent of the immediate tenant of the superior landlord is in arrear, it shall be lawful for the superior landlord to serve on any under‑tenant or lodger a notice (by registered post addressed to the under‑tenant or lodger at the premises) stating the amount of such arrears of rent, and requiring all future payments of rent, whether the same has already accrued due or not, by the under‑tenant or lodger to be made direct to the superior landlord giving the notice until such arrears shall have been duly paid, and the notice shall operate to transfer to the superior landlord the right to recover, receive and give a discharge for the rent.


document_id: da-1934
provision_ref: s15
section: 15
title: Interpretation of sections 10 to 14
content:
15. For the purposes of sections 10 to 14, “superior landlord” shall be deemed to include a landlord in cases where the goods seized are not those of an under‑tenant or a lodger; and “tenant” and “under‑tenant” shall not include a lodger.


document_id: da-1934
provision_ref: s16
section: 16
title: Application by tenant
content:
16. The tenant may apply to a judge to discharge or suspend the execution of the writ, or to release any part of the property seized.


document_id: da-1934
provision_ref: s17
section: 17
title: Powers of court
content:
17. The judge may, on an application for the release of any property distrained, deal with the matter summarily and dismiss the application or discharge the writ, or order the release unconditionally or on such terms as he thinks fit of any property seized, or may direct an issue to be tried and, pending the determination of such issue, suspend the execution of the writ, or may order the property to be sold and the proceeds of sale to be lodged in court, or may make such other order on such terms as he considers fair as between the parties pending the final determination of the matter.


document_id: da-1934
provision_ref: s18
section: 18
title: Costs
content:
18. Any costs incurred in any proceedings for the release of property distrained shall be in the discretion of the judge and may in proper cases be added to the amount leviable under the writ.


document_id: da-1934
provision_ref: s19
section: 19
title: Sale of property seized
content:
19. —(1) Subject to the provisions of this Act, the property seized under a writ of distress shall be sold at the time and place named in the notice required by section 9; and the net proceeds of sale shall be applied first in payment of the sheriff’s fees and expenses and then in satisfaction of the rent and costs due by the tenant to the landlord. (2) The balance, if any, remaining over after such payments shall be returned to the tenant.


document_id: da-1934
provision_ref: s20
section: 20
title:
Procedure where property seizable under distress is already under seizure under or pursuant to enforcement order

content:
20. —(1) Where any property liable to be seized under a writ of distress has already been seized under an enforcement order issued by any court, it shall not be seized under the writ of distress so long as it remains under such seizure; but the officer in possession under the enforcement order shall be notified of the writ of distress, and shall thereupon be liable to pay out of the proceeds of sale of the goods seized by him, after payment thereout of the expenses of the sale, but in priority to any other payment the amount appearing to be due to the landlord except that such payment shall not in any case exceed the amount due for the last 6 months’ rent. [Act 25 of 2021 wef 01/04/2022] (2) The officer in possession under the enforcement order shall, on being notified as provided in subsection (1), give notice in writing to the enforcement creditor and the enforcement debtor of the writ of distress. [Act 25 of 2021 wef 01/04/2022] (3) Notice to the enforcement debtor may be given by affixing it to the premises on which the goods were seized. [Act 25 of 2021 wef 01/04/2022] (4) The enforcement creditor or the enforcement debtor may apply to the court to discharge or suspend the writ of distress, and the court may then exercise all or any of such powers as are provided in sections 17 and 18 in the case of an application under section 16. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1934
provision_ref: s21
section: 21
title: Removal of goods to avoid distress
content:
21. —(1) If any person removes or causes or permits to be removed from any premises property liable to be seized under a writ of distress, with the intention of hindering or preventing the distraint thereof, a judge may, on the application by the sheriff, authorise the sheriff, within 30 days of such removal, to follow and seize such property in execution of the writ, wherever it may be found, and to deal therewith as if it had been seized on the premises. (2) The sheriff may, without an order to that effect, follow and seize any such property discovered by him while in process of removal.


document_id: da-1934
provision_ref: s22
section: 22
title: Where goods removed sold to bona fide purchaser
content:
22. —(1) If any property so removed has been sold for fair value, whether before or after removal, to a bona fide purchaser not knowing or having the means of knowing that it was liable to distress for non‑payment of rent or was removed in order to hinder or prevent the distraint thereof, it shall not be seized, or, if seized, shall be restored to the purchaser. (2) Any person claiming to be a bona fide purchaser for fair value of any property seized under section 21 may, within 4 days of such seizure, or such further time as a judge may allow, apply for an order that the property so seized may be restored to him, and a judge may make such order accordingly.


document_id: da-1934
provision_ref: s23
section: 23
title: Deserted premises
content:
23. —(1) Where — ( a ) immovable property is let at a rack rent or a rent not less than 75% of its annual value; ( b ) rent is in arrears for not less than 2 months of the tenancy; and ( c ) the tenant has abandoned possession of the premises, and left thereon no sufficient property out of which the arrears of rent may be recovered by distress, a judge may, on the application of the landlord, authorise the sheriff to enter on the premises, using such force as may be necessary to effect an entry into any building thereon, and take possession thereof; and the sheriff shall in such case enter on the premises and affix in a conspicuous place thereon a notice that possession thereof will be delivered to the landlord, unless within 10 days a judge, on the application of any person interested, otherwise orders. (2) If no such application is made within 10 days, the sheriff shall put the landlord in possession of the premises, and the lease or agreement of tenancy shall therefrom be deemed to be determined. (3) If any such application is made, the judge may make such order for possession of the premises, and on such terms as to payment of rent due or otherwise as he considers fair as between the parties, and for that purpose may direct that any preliminary question be tried as an issue. (4) An order made under this section may be discharged for sufficient reason and on such terms as the judge thinks fair, on application by any person interested, notwithstanding that the period thereby prescribed has expired. (5) This section shall not apply to District Courts.


document_id: da-1934
provision_ref: s24
section: 24
title: Penalty
content:
24. Any person who sells or abets the sale of any property seized under a writ of distress in contravention of the provisions of this Act or of the Rules of Court relating to the sale of property seized under a writ of distress shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.


document_id: da-1957
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “broadcasting by means of telecommunication” means publication for general reception by means of telecommunication; “newspaper” means any paper containing public news or observations thereon or consisting wholly or mainly of advertisements which is printed for sale and is published in Singapore either periodically or in parts or numbers at intervals not exceeding 36 days; “telecommunication” means any system for the transmission, emission or reception of signs, signals, writings, images and sounds of all kinds by means of radiowaves, wire, cable or other electromagnetic systems; “words” includes pictures, visual images, gestures and other methods of signifying meaning.


document_id: da-1957
provision_ref: s3
section: 3
title: Broadcast statements
content:
3. For the purposes of the law of libel and slander, the broadcasting of words by means of telecommunication shall be treated as publication in a permanent form.


document_id: da-1957
provision_ref: s4
section: 4
title: Slander of women
content:
4. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable.


document_id: da-1957
provision_ref: s5
section: 5
title: Slander affecting official, professional or business reputation
content:
5. In an action for slander in respect of words calculated to disparage the claimant in any office, profession, calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage whether or not the words are spoken of the claimant in the way of his office, profession, calling, trade or business. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s6
section: 6
title: Slander of title, etc.
content:
6. —(1) In any action for slander of title, slander of goods or other malicious falsehood, it shall not be necessary to allege or prove special damage — ( a ) if the words upon which the action is founded are calculated to cause pecuniary damage to the claimant and are published in writing or other permanent form; or [Act 25 of 2021 wef 01/04/2022] ( b ) if the said words are calculated to cause pecuniary damage to the claimant in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication. [Act 25 of 2021 wef 01/04/2022] (2) Section 3 applies for the purposes of this section as it applies for the purposes of the law of libel and slander.


document_id: da-1957
provision_ref: s7
section: 7
title: Unintentional defamation
content:
7. —(1) A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends under this section; and in any such case — ( a ) if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication); ( b ) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section, it shall be a defence, in any proceedings by him for libel or slander against the person making the offer in respect of the publication in question, to prove that the words complained of were published by the defendant or were published by the defendant innocently in relation to the claimant and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the claimant, and has not been withdrawn. [Act 25 of 2021 wef 01/04/2022] (2) An offer of amends under this section must be expressed to be made for the purposes of this section, and must be accompanied by an affidavit specifying the facts relied upon by the person making it to show that the words in question were published by him innocently in relation to the party aggrieved; and for the purposes of a defence under subsection (1)( b ) no evidence, other than evidence of facts specified in the affidavit, shall be admissible on behalf of that person to prove that the words were so published. (3) An offer of amends under this section shall be understood to mean an offer — ( a ) in any case, to publish or join in the publication of a suitable correction of the words complained of, and a sufficient apology to the party aggrieved in respect of those words; and ( b ) where copies of a document or record containing the said words have been distributed by or with the knowledge of the person making the offer, to take such steps as are reasonably practicable on his part for notifying persons to whom copies have been so distributed that the words are alleged to be defamatory of the party aggrieved. (4) Where an offer of amends under this section is accepted by the party aggrieved — ( a ) any question as to the steps to be taken in fulfilment of the offer as so accepted shall in default of agreement between the parties be referred to and determined by the General Division of the High Court, whose decision shall be final; and ( b ) the power of the court to make orders as to costs in proceedings by the party aggrieved against the person making the offer in respect of the publication in question, or in proceedings in respect of the offer under paragraph ( a ), shall include power to order the payment by the person making the offer to the party aggrieved of costs on an indemnity basis and any expenses reasonably incurred or to be incurred by that party in consequence of the publication in question, and if no such proceedings as referred to in paragraph ( b ) are taken, the General Division of the High Court may, upon an application made by the party aggrieved, make any such order for the payment of such costs and expenses as referred to in paragraph ( b ) as could be made in such proceedings. [40/2019] (5) For the purposes of this section, words shall be treated as published by one person (referred to in this subsection as the publisher) innocently in relation to another person if and only if the following conditions are satisfied: ( a ) that the publisher did not intend to publish them of and concerning that other person, and did not know of circumstances by virtue of which they might be understood to refer to him; or ( b ) that the words were not defamatory on the face of them, and the publisher did not know of circumstances by virtue of which they might be understood to be defamatory of that other person, and in either case that the publisher exercised all reasonable care in relation to the publication; and any reference in this subsection to the publisher shall be construed as including a reference to any servant or agent of his who was concerned with the contents of the publication. (6) Subsection (1)( b ) shall not apply in relation to the publication by any person of words of which he is not the author unless he proves that the words were written by the author without malice.


document_id: da-1957
provision_ref: s8
section: 8
title: Justification
content:
8. In an action for libel or slander in respect of words containing 2 or more distinct charges against the claimant, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the claimant’s reputation having regard to the truth of the remaining charges. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s9
section: 9
title: Fair comment
content:
9. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.


document_id: da-1957
provision_ref: s10
section: 10
title: Apology in mitigation of damages
content:
10. —(1) In any action for defamation, the defendant may (after notice in writing of his intention to do so duly given to the claimant at the time of filing his written statement of his case) give in evidence, in mitigation of damages, that he made or offered an apology to the claimant for such defamation before the commencement of the action or, where the action was commenced before there was an opportunity of making or offering such apology, as soon afterwards as he had an opportunity of doing so. [Act 25 of 2021 wef 01/04/2022] (2) In an action for libel contained in any newspaper, any defendant who has paid money into court under the provisions of any written law relating to civil procedure may state in mitigation of damages, in his written statement of his case, that such libel was inserted in such newspaper without actual malice and without gross negligence and that, before the commencement of the action or at the earliest opportunity afterwards, he inserted or offered to insert in such newspaper a full apology for the said libel, or, if the newspaper in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper to be selected by the claimant in such action. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s11
section: 11
title: Reports of judicial proceedings
content:
11. —(1) A fair and accurate and contemporaneous report of proceedings publicly heard before any court lawfully exercising judicial authority within Singapore and of the judgment, sentence or finding of any such court shall be absolutely privileged, and any fair and bona fide comment thereon shall be protected, although such judgment, sentence or finding is subsequently reversed, quashed or varied, unless at the time of the publication of such report or comment the defendant who claims the protection afforded by this section knew or ought to have known of such reversal, quashing or variation. (2) Nothing in this section shall authorise the publication of any blasphemous, seditious or indecent matter or of any matter the publication of which is prohibited by law.


document_id: da-1957
provision_ref: s12
section: 12
title: Qualified privilege of newspapers
content:
12. —(1) Subject to this section, the publication in a newspaper of any report or other matter specified in the Schedule shall be privileged unless the publication is proved to be made with malice. (2) In an action for libel in respect of the publication of any report or other matter specified in Part 2 of the Schedule, this section shall not be a defence if it is proved that the defendant has been requested by the claimant to publish in the newspaper in which the original publication was made a reasonable letter or statement by way of explanation or contradiction, and has refused or neglected to do so, or has done so in a manner not adequate or not reasonable having regard to all the circumstances. [Act 25 of 2021 wef 01/04/2022] (3) Nothing in this section shall be construed as protecting the publication of any blasphemous, seditious or indecent matter or of any matter the publication of which is prohibited by law, or of any matter which is not of public concern and the publication of which is not for the public benefit. (4) Nothing in this section shall be construed as limiting or abridging any privilege subsisting (otherwise than by virtue of the repealed Defamation Ordinance 1960 (Ordinance 7 of 1960)) immediately before 6 May 1965.


document_id: da-1957
provision_ref: s13
section: 13
title: Application of Act to broadcasting
content:
13. —(1) The provisions of this Act shall apply in relation to reports or matters broadcast by means of telecommunication as part of any programme or service provided by means of a broadcasting station within Singapore, and in relation to any broadcasting by means of telecommunication of any such report or matter, as they apply in relation to reports and matters published in a newspaper and to publication in a newspaper. (2) Section 10(2) shall have effect in relation to such broadcasting as if for the words “to insert in such newspaper” there were substituted the words “to publish in the same manner”, and section 12(2) shall have effect in relation to any such broadcasting, as if for the words “in the newspaper in which” there were substituted the words “in the manner in which”. (3) In this section, “broadcasting station” means any telecommunication station which is authorised by law, or in respect of which a licence is granted under any written law authorising the station, to provide broadcasting services for general reception.


document_id: da-1957
provision_ref: s14
section: 14
title: Limitation of privilege at elections
content:
14. A defamatory statement published by or on behalf of a candidate in any election to the office of President or to Parliament or other elected or partially elected body shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election.


document_id: da-1957
provision_ref: s15
section: 15
title: Agreements for indemnity
content:
15. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory and does not reasonably believe there is a good defence to any action brought upon it.


document_id: da-1957
provision_ref: s16
section: 16
title: Evidence of other damages recovered by claimant
content:
16. In any action for libel or slander, the defendant may give evidence in mitigation of damages that the claimant has recovered damages or has brought actions for damages, libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s17
section: 17
title: Consolidation of actions for libel
content:
17. —(1) Upon an application by 2 or more defendants in actions in respect of the same or substantially the same libel brought by one and the same person, the court or a judge may make an order for the consolidation of such actions so that they shall be tried together. (2) After any order has been made under subsection (1) and before the trial of the actions referred to in that subsection, the defendants in any new actions instituted in respect of the same or substantially the same libel shall also be entitled to be joined in a common action upon a joint application by such new defendants and the defendants in the actions already consolidated. (3) The court or a judge may, in the case of the same or substantially the same libel published simultaneously in a number of newspapers or copied shortly after publication, give notice to the claimant in any action or actions arising out of such libel that a period stated in the notice will be allowed for the discovery of any further publications of such libel in order that the whole of the actions arising out of such libel may be tried together, and after that period has expired no further action shall be instituted in respect of the publication of such libel except for the recovery of special damages. [Act 25 of 2021 wef 01/04/2022] (4) In a consolidated action under this section, the whole amount of the damages (if any) shall be assessed in one sum but a separate judgment shall be given in respect of each defendant in the same way as if the actions consolidated had been tried separately. (5) The amount of damages so assessed shall be apportioned amongst those of the defendants against whom judgment has been given, and if costs are given to the claimant the court may make such order as it thinks just apportioning the costs amongst those defendants. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s18
section: 18
title: Separate assessment of damages in certain cases in actions for libel
content:
18. Whenever in an action for libel the claimant sues more than one defendant, whether jointly, severally, or in the alternative, and evidence is given of malice in one defendant or of any other matter of aggravation which would not be admissible in evidence against any other defendant if he were sued alone, such other defendant may apply to the court to have the damages against himself and his co‑defendants separately assessed, and if such application is made, the court shall assess the damages separately against each defendant and no defendant shall be liable nor shall an enforcement order issue against him for any further or other damages than those so assessed against him. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s19
section: 19
title: Severance of defences
content:
19. Whenever in any action for libel the claimant sues more than one defendant, whether jointly, severally, or in the alternative, each defendant may file a separate statement of his case and appear at the trial by separate counsel or, if he thinks fit, apologise or pay money into court or make other amends, whatever may be the defences set up by his co‑defendants, and the claimant may accept such apology, money, or other amends and settle or compromise the suit and discontinue the action as between himself and one or more defendants without reference to the other defendants; except that the rights and interests of the other defendant or defendants shall not in any way be prejudiced thereby. [Act 25 of 2021 wef 01/04/2022]


document_id: da-1957
provision_ref: s20
section: 20
title: Consolidation of actions for slander, etc.
content:
20. Sections 17, 18 and 19 shall apply to actions for slander and to slander of title, slander of goods and other malicious falsehood as they apply to actions for libel and references in any such sections to the same or substantially the same libel shall be construed accordingly.


document_id: da-1957
provision_ref: s21
section: 21
title: Savings
content:
21. Nothing in this Act affects the provisions of the Penal Code 1871 or any other written law relating to criminal offences or applies to any prosecution for a criminal offence.


document_id: dca-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “air conditioning” means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirements of the conditioned space; “apparatus” means any appliance or equipment including any machine, device, fitting or any accessory thereof used for the purpose of or in connection with the provision or use of district cooling services; “authorised officer” means any person authorised by the Authority under section 3(2); “Authority” means the Energy Market Authority of Singapore established under the Energy Market Authority of Singapore Act 2001; “connection point” means a point, situated in or in immediate proximity to the premises to be provided with district cooling services, where a district cooling system is connected to an installation; “consumer” means a person who contracts with a licensee for the provision of district cooling services; “coolant” means chilled water or any other medium used for the purpose of providing district cooling services; “cooling load” means the air conditioning load of the consumer’s installation; “district cooling pipe” means any pipe lying between the chiller or similar cooling unit of a district cooling system and a connection point; “district cooling service” means the sale of coolant for space cooling in a service area by a licensee operating a central plant capable of supplying coolant via pipe to more than one building in the service area; “district cooling system” means the whole of the facility used for or in connection with the provision of district cooling services comprising the district cooling plant, one or more chillers or similar cooling units, district cooling pipes and other apparatus including metering equipment but excluding the installation; “information memorandum” means a document to be submitted to the Authority disclosing the information stipulated in section 10(4)( c ); “installation” means the whole of the consumer’s cooling system up to the connection point where it is connected to the district cooling system but does not include the metering equipment; “licence” means a licence granted under section 10; “licensee”, in relation to any service area, means a person who is authorised by a licence to carry out all or any of the functions of providing district cooling services to the service area; “metering equipment” means any apparatus owned by the licensee used in or in connection with a district cooling system for the purpose of determining the cooling load of an installation; “modifications” includes additions, alterations and omissions; “occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person; “premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained under statutory authority or not; “public authority” means the Government or any statutory body; “public land” means land under the ownership or possession of any public authority; “public safety” means the obviation of danger to the general public, to public property and to roads, streets, railways, canals, docks, wharves, piers, bridges, gas works, water works and their appurtenances and telegraphic, telephonic and other electrical signalling lines; “regulations” means regulations made under this Act; “service area” means any area declared under section 7.


document_id: dca-2001
provision_ref: s3
chapter: PART 2 - ADMINISTRATION
section: 3
title: Authority to administer Act
content:
3. —(1) The Authority is charged with the general administration of this Act and the exercise of the functions and duties imposed on the Authority by this Act. (2) The Authority may authorise any person to assist it in the exercise of its functions and duties under this Act, either generally or in a particular case. (3) Subject to the provisions of this Act, it is the function and duty of the Authority — ( a ) to exercise licensing and regulatory functions in respect of the provision of district cooling services; ( b ) to protect the interests of consumers in respect of — (i) the prices charged and other terms of supply of district cooling services; (ii) the quality of district cooling services; and (iii) the continuity and reliability of district cooling services; and ( c ) to issue or approve and from time to time review codes of practice and other standards of performance in connection with the provision of district cooling services. (4) Nothing in this section is to be construed as imposing on the Authority, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: dca-2001
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Powers of Authority
content:
4. —(1) Subject to the provisions of this Act, the Authority may carry on any activities that appear to the Authority to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this Act. (2) The Authority must furnish the Minister with such information with respect to its activities in such manner and at such times as the Minister may require.


document_id: dca-2001
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Furnishing of documents and information to Authority
content:
5. —(1) The Authority or any authorised officer may by notice require any person to furnish to the Authority or the authorised officer, within any period specified in the notice, all documents or information relating to all matters that may be required by the Authority for the purposes of this Act and as are within the knowledge of that person or in that person’s custody or under that person’s control. (2) Any person who, on being required by notice under subsection (1) to furnish any document or information, fails to comply with any requirement of the notice shall be guilty of an offence. (3) Any person who — ( a ) intentionally alters, suppresses or destroys any document which the person has been required by any notice under subsection (1) to furnish; or ( b ) in furnishing any estimate, return or other information required of the person under any notice under subsection (1), makes any statement which the person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence.


document_id: dca-2001
provision_ref: s6
chapter: PART 2 - ADMINISTRATION
section: 6
title: Power of Authority to enter upon any premises
content:
6. —(1) The Authority may, for the purposes of this Act, by its employees, agents or contractors, enter at all reasonable hours (or at any time in the event of an emergency) into and upon any premises for the purpose of performing its duties authorised by this Act without being liable to pay any person any fee, charge or expense or being subject to any legal proceedings or molestation on account of the entry or of anything done in any part of the premises under this Act. (2) Except in the event of an emergency, such employee, agent or contractor may not enter upon any premises under this section unless — ( a ) not less than 6 hours’ notice of the intended entry has been given to the occupier; and ( b ) if required to do so, he or she has produced evidence of his or her authority.


document_id: dca-2001
provision_ref: s7
chapter: PART 3 - SERVICE AREAS FOR DISTRICT COOLING SERVICES
section: 7
title: Declaration of service areas
content:
7. —(1) The Minister may, by notification in the Gazette , declare an area to be a service area where district cooling services are to be provided to the area, on any terms and conditions that the Minister thinks fit. (2) A notification under subsection (1) must state that a plan of the service area may be inspected at any place that is specified in the notification. (3) Unless exempted, the occupier of every premises within a service area requiring air conditioning must use the district cooling services provided by a licensee if the services are available within the service area. (4) An owner or occupier of any premises within a service area may apply in writing to the Authority for exemption from subsection (3) and the decision of the Authority is final. (5) A licensee must not refuse to provide district cooling services to any premises within the licensee’s service area. (6) Any person who contravenes subsection (3) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: dca-2001
provision_ref: s8
chapter: PART 3 - SERVICE AREAS FOR DISTRICT COOLING SERVICES
section: 8
title: Changes affecting service areas
content:
8. —(1) The Minister may, by notification in the Gazette , revoke any declaration made under section 7(1) on any terms and conditions that the Minister thinks fit. (2) The Minister may modify any term or condition imposed under section 7.


document_id: dca-2001
provision_ref: s9
chapter: PART 3 - SERVICE AREAS FOR DISTRICT COOLING SERVICES
section: 9
title: Notification of changes
content:
9. —(1) Before exercising any power under section 8, the Minister must give notice to any licensee in the service area concerned — ( a ) stating the Minister’s proposal to revoke any declaration made under section 7(1); ( b ) stating the Minister’s proposal to make any modification to a declaration made under section 7(1) in the manner as specified in the notice; and ( c ) specifying the time (not being less than 28 days from the date of service of notice on the licensee) within which written representations with respect to the matter in paragraph ( a ) or ( b ) may be made. (2) The decision of the Minister after consideration of any written representation made under subsection (1)( c ) is final. (3) If no written representation is received by the Minister within the time specified under subsection (1)( c ) or if any written representation made under that subsection is subsequently withdrawn, the Minister may forthwith carry out the proposed matters specified in the notice under subsection (1).


document_id: dca-2001
provision_ref: s10
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 10
title: Licence authorising provision of district cooling services
content:
10. —(1) A person must not provide district cooling services to any service area unless the person is authorised to do so by a licence. (2) Every licence granted or renewed under this section must be in such form and for such period and may contain such terms and conditions as the Authority may determine. (3) Without limiting subsection (2), a licence may be granted to any person, class of persons or a particular person, and may include conditions requiring the licensee — ( a ) to prepare itself to deal with any public emergency; ( b ) to pay to the Authority a fee for the grant of the licence or to pay to it periodic fees for the duration of the licence, or both, of any amount that may be determined by or under the regulations or licence; ( c ) to appoint technical and financial auditors approved by the Authority; ( d ) to comply with any direction given by the Authority; ( e ) to comply with the standards and requirements stipulated in any code of practice and any other standard of performance applicable to the licensee; and ( f ) to do or not to do things that are specified in the licence or are of a description so specified. (4) Conditions included in a licence may contain all or any of the following: ( a ) provisions for the conditions to cease to have effect or be modified at such times, in any manner and in any circumstances that may be specified in or determined by or under the conditions; ( b ) provisions regulating the prices to be charged by the licensee including — (i) the fixing of prices or the rate of increase or decrease in prices; (ii) the fixing of a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price; (iii) the fixing of an average price or an average rate of increase or decrease in the average price; (iv) the setting of price policies or principles; (v) the setting of prices with reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factors; and (vi) the setting of prices with reference to the quantity, location, period, temperature of coolant, or other specified factors relevant to the provision of district cooling services; ( c ) provisions for the periodic disclosure of information, by way of an information memorandum, including — (i) reports on the management of the district cooling services; (ii) reports on asset management of the district cooling system; (iii) reports on price comparison of the district cooling service with the conventional air conditioning systems; (iv) reports on performance comparison of the district cooling services with the conventional air conditioning systems; (v) security measures; and (vi) reports on financial matters and accounts of the licensee; ( d ) provisions requiring the licensee to provide a sinking fund for asset management. (5) Any provision included in a licence under subsection (4)( a ) has effect in addition to the provision made by this Part with respect to the modification of the conditions of a licence. (6) Any fee required to be paid to the Authority under subsection (3)( b ) may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt. (7) The grant and renewal of licences under this section are at the Authority’s discretion. (8) Any person who is aggrieved by a refusal of the Authority to grant or renew a licence may, within 14 days of the refusal, appeal to the Minister whose decision is final.


document_id: dca-2001
provision_ref: s12
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 12
title: Modification of conditions of licence
content:
12. —(1) Subject to this section, the Authority may modify the conditions of a licence. (2) Before making any modification to the conditions of a licence under this section, the Authority must give notice to the licensee concerned — ( a ) stating that it proposes to make the modification in the manner as specified in the notice; and ( b ) specifying the time (not being less than 28 days from the date of service of notice on the licensee) within which written representations with respect to the proposed modification may be made. (3) Upon receipt of any written representation under subsection (2)( b ), the Authority must consider the representation and may — ( a ) reject the representation; or ( b ) withdraw or amend the proposed modification in accordance with the representation or otherwise, and, in either case, the Authority must thereupon issue a direction in writing to the licensee concerned requiring that effect be given to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority. (4) Any licensee who is aggrieved by a direction of the Authority under subsection (3) may, within 14 days of the receipt by the licensee of the direction, appeal to the Minister whose decision is final. (5) The Authority must not enforce a direction given under subsection (3) — ( a ) during the period mentioned in subsection (4); and ( b ) whilst the appeal of any licensee is under consideration by the Minister. (6) If no written representation is received by the Authority within the time specified under subsection (2) or if any written representation made under that subsection is subsequently withdrawn, the modification takes effect as specified in the notice given under that subsection.


document_id: dca-2001
provision_ref: s13
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 13
title: Suspension or cancellation of licence
content:
13. —(1) If the Authority is satisfied that — ( a ) a licensee is contravening, or is likely to contravene or has contravened, any of the conditions of its licence, any code of practice or other standard of performance applicable to the licensee, any of the provisions of this Act or any direction issued by the Authority to, or applicable to, that licensee; ( b ) a licensee has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) a licensee has made any assignment to, or composition with, its creditors; or ( d ) the public interest or security of Singapore so requires, the Authority may, by written notice and without any liability for compensation, do all or any of the following: ( e ) suspend or cancel its licence for any period that the Authority thinks fit; ( f ) require the licensee to replace its management with appointees approved by the Authority; ( g ) require the licensee to comply with any direction given by the Authority relating to or in connection with the district cooling system; ( h ) require the licensee to furnish performance bonds, banker’s guarantees and any other securities for such amounts and on such terms as the Authority sees fit; ( i ) impose a financial penalty not exceeding 10% of the annual turnover derived from the provisions of district cooling services by the licensee in Singapore as ascertained from its latest audited accounts. (2) Any licensee who is aggrieved by any decision of the Authority under subsection (1) may, within 14 days after the date of the notice in writing mentioned in that subsection, appeal to the Minister whose decision is final.


document_id: dca-2001
provision_ref: s14
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 14
title: Codes of practice
content:
14. —(1) The Authority may issue or approve and from time to time modify codes of practice and other standards of performance in connection with the provision of district cooling services. (2) If any provision in any code of practice or other standard of performance issued or approved by the Authority is inconsistent with this Act, the provision has, to the extent of its inconsistency, no effect. (3) The Authority may, in any licence, exempt any licensee from any provision in any code of practice or other standard of performance issued or approved by the Authority generally or for any time that the Authority may specify. (4) Any code of practice issued or approved by the Authority is deemed not to be subsidiary legislation.


document_id: dca-2001
provision_ref: s15
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 15
title: Compliance with codes of practice
content:
15. Every licensee must comply with the codes of practice and other standards of performance issued or approved under section 14(1) in connection with the provision of district cooling services.


document_id: dca-2001
provision_ref: s16
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 16
title: Directions affecting licensee
content:
16. The Authority may give directions for or in relation to standards of performance and procedures to be observed by licensees and other persons for or in respect of the following: ( a ) the continuity and reliability of the provision of district cooling services to the consumers; ( b ) the security of the provision of district cooling services to the consumers; ( c ) the interests of public safety.


document_id: dca-2001
provision_ref: s17
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 17
title: Exclusion of liability for Authority
content:
17. Despite the grant of any licence, the Authority shall not be liable in any circumstances for any loss, damage or cost sustained by any person as a result of any default, negligence, breach or wrongful act or omission of any licensee or agent, employee or independent contractor of the licensee.


document_id: dca-2001
provision_ref: s18
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 18
title: General duties of licensee
content:
18. —(1) It is the duty of a licensee to — ( a ) maintain a reliable, efficient, co-ordinated and economical district cooling system in accordance with any codes of practice or other standards of performance that may be issued or approved by the Authority under section 14(1); and ( b ) ensure public safety in relation to the provision of district cooling services. (2) A licensee must not do or omit to do any act which will adversely affect, directly or indirectly, the reliability and stability of district cooling services provided to consumers. (3) A contravention of subsection (1) or (2) is to be dealt with in accordance with section 13.


document_id: dca-2001
provision_ref: s19
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 19
title: Price fixed by licensee
content:
19. —(1) Subject to this section and section 18, the prices to be charged by a licensee and to be paid by consumers for the provision of district cooling services must be in accordance with any prices that may be fixed from time to time by the licensee in accordance with the conditions of its licence. (2) In fixing prices of district cooling services, a licensee must neither show undue preference as between persons similarly situated nor exercise undue discrimination as between persons similarly situated, having regard to the place and time of supply and the quantity supplied. (3) In addition to the prices as may be fixed by a licensee under subsection (1), the licensee must also review the prices as directed by the Authority from time to time.


document_id: dca-2001
provision_ref: s20
chapter: PART 4 - LICENSING OF DISTRICT COOLING SERVICES
section: 20
title: Keeping of register by Authority
content:
20. —(1) The Authority must, at such premises and in such form as it may determine, maintain a register for the purposes of this Act. (2) The Authority must cause to be entered in the register the particulars of — ( a ) every licence granted to a particular person; ( b ) every modification or revocation of a licence; and ( c ) any other matter that the Authority thinks fit. (3) The register must be available for inspection by the public during such hours and subject to the payment of such fee as may be specified by the Authority.


document_id: dca-2001
provision_ref: s21
chapter: PART 5 - CONTROL OF LICENSEES
section: 21
title: Special administration order
content:
21. —(1) A special administration order is an order of the Minister made in accordance with section 22 in relation to a licensee and directing that, during the period for which the order is in force, the affairs, business and property of the licensee is to be managed by any person appointed by the Minister for the achievement of the security and reliability of the provision of district cooling services. (2) Any person appointed by the Minister under subsection (1) is deemed an agent of the licensee and the licensee is responsible for that person’s acts or defaults. (3) The Minister may make regulations to give effect to this Part, including making provision for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018 where a special administration order is made. [40/2018] [Act 37 of 2021 wef 29/01/2022]


document_id: dca-2001
provision_ref: s22
chapter: PART 5 - CONTROL OF LICENSEES
section: 22
title: Special administration order made on application by Authority
content:
22. —(1) If an application is made to the Minister by the Authority and the Minister is satisfied that any one or more of the grounds specified in subsection (2) is satisfied in relation to a licensee, the Minister may make any one or both of the following orders: ( a ) a special administration order in relation to that licensee; ( b ) an order requiring the licensee forthwith to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary. (2) The grounds mentioned in subsection (1) are that — ( a ) the licensee has failed to discharge or has not discharged to the Minister’s satisfaction the obligations imposed by the Authority on the licensee; ( b ) the licensee has had its licence suspended or cancelled under section 13; or ( c ) it is in the public interest. (3) Notice of any order under subsection (1) must be given forthwith by the Authority to such persons and in such manner as it thinks fit. (4) Where a licensee is a company — ( a ) the licensee may only be wound up voluntarily with the consent of the Authority; ( b ) no judicial manager may be appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the licensee; ( c ) no step may be taken by any person to enforce any security over the licensee’s property unless that person has served on the Authority not less than 14 days’ notice of that person’s intention to take that step; and ( d ) no application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 may be made by any person in relation to the licensee, unless that person has served 14 days’ written notice of that person’s intention to make the application on the Authority. [40/2018] (5) The Authority must be a party to — ( a ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 or Part 11 of the Variable Capital Companies Act 2018 relating to the winding up of the affairs of a company that is a licensee; or [S 26/2022 wef 13/01/2022] ( b ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a company that is a licensee. [40/2018] (6) Any decision of the Minister under subsection (1) is final.


document_id: dca-2001
provision_ref: s23
chapter: PART 5 - CONTROL OF LICENSEES
section: 23
title: Remuneration and expenses of appointed person
content:
23. The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a licensee to any person appointed by the Minister under section 21(1).


document_id: dca-2001
provision_ref: s24
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 24
title: Power to enter upon public land for purposes of district cooling system
content:
24. —(1) For the purpose of providing any district cooling service to a service area, a licensee or any person authorised by the licensee may — ( a ) at any reasonable time, enter upon any public land within the service area; ( b ) subject to the approval of the relevant public authority, erect in or upon the public land such part of the district cooling system or excavate such trenches as may be necessary or proper for the purposes of providing the district cooling service; ( c ) carry out all necessary works in connection therewith; and ( d ) in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose. (2) Where any work mentioned in subsection (1) interferes with any building, growing tree or crop, the licensee must pay compensation to any person interested for any damage or financial loss that may be caused thereby. (3) Where the public land is occupied under a licence for temporary occupation, the compensation must be paid to the occupant under the licence.


document_id: dca-2001
provision_ref: s25
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 25
title: Power to enter upon other land for purposes of examination of district cooling system
content:
25. —(1) Subject to this section, where it is necessary to do so for the purposes of providing district cooling services to any service area, a licensee or any person authorised by the licensee may — ( a ) at any reasonable time enter upon any land within the service area, other than public land, and may survey and take levels and do all other necessary acts preparatory to the provision of the service; and ( b ) lay, place or carry on, and erect in or upon any land within the service area, other than public land, such part of the district cooling system as may be necessary or proper for such purposes and may take such other action as may be necessary to render such part of the district cooling system safe and efficient, paying compensation to any person interested for any damage or financial loss that may be caused thereby. (2) Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of the district cooling system. (3) A licensee does not acquire any right other than that of a user only in respect of any land or property under, over, along, across, in or upon which the licensee places any part of a district cooling system under this section. (4) A licensee is, in the exercise of its powers under this section, subject to the provisions of the Parks and Trees Act 2005. (5) Before entering upon any land for any of the purposes specified in subsection (1), a licensee must give at least 14 days’ notice stating as fully and as accurately as possible the nature and extent of the acts intended to be done. (6) The owner or occupier of the land may, within 14 days of the receipt of the notice mentioned in subsection (5), lodge a written objection with the Authority and the Authority must specify a date to inquire into such objection. (7) If no objection is lodged within the time specified in subsection (5), the licensee may forthwith enter upon the land and do all or any of the acts specified in the notice given under that subsection. (8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority must hold an inquiry, giving each party an opportunity to be heard. (9) Subject to subsection (10), upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to any terms, conditions and stipulations that it thinks fit, any of the acts mentioned in the notice given under subsection (5) to be carried out. (10) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the inquiry, appeal to the Minister whose decision is final.


document_id: dca-2001
provision_ref: s26
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 26
title: Savings of wayleave agreement
content:
26. Nothing in section 25 — ( a ) affects the right of a licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any part of a district cooling system on the land; ( b ) affects any such wayleave agreement subsisting immediately before 1 April 2001; or ( c ) affects the right of a licensee to negotiate the use of land or facilities belonging to the State or any other person.


document_id: dca-2001
provision_ref: s27
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 27
title: Inspection, maintenance and repair of district cooling system
content:
27. —(1) Where it is necessary to do so for the purpose of inspecting, maintaining or repairing any part of a district cooling system or for the purpose of carrying out any function conferred on a licensee under this Act or under any licence granted under section 10, a licensee or any person authorised by the licensee may, after giving 7 days’ prior notice to the owner or occupier of any land — ( a ) at any reasonable time, enter upon any land or building within the service area, whether or not that part of the district cooling system has been laid, placed, carried or erected on, under, upon or over the land or building; ( b ) carry out all necessary inspection, maintenance or repair; and ( c ) in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible and paying compensation to any person adversely affected for any damage that may be caused thereby. (2) Where work is required to be carried out in the event of an operational emergency arising from any fault in a district cooling system, pipe or plant, no prior notice is required to be given to the owner or occupier of any land under subsection (1).


document_id: dca-2001
provision_ref: s28
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 28
title: Removal or alteration of district cooling system
content:
28. —(1) Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land, and any owner of the land desires to use the land in such manner as to render it necessary or convenient that that part of the district cooling system should be removed to another part of the land, or to a higher or lower level, or altered in form, the owner of the land may require the licensee to remove or alter that part of the district cooling system accordingly. (2) If the licensee fails to comply with the requisition, the owner of the land may apply in writing to the Authority and the Authority must, as soon as practicable, specify a date to inquire into the facts of the case. (3) Upon the conclusion of the inquiry, the Authority may require, subject to any terms, conditions and stipulations that it thinks fit, the removal or alteration of such part of the district cooling system. (4) Where any owner of any land desires to use the land for the purposes of development and the owner considers it necessary that any part of a district cooling system that has been laid, placed, carried or erected on the land should be removed from the land, the owner may request the licensee to remove that part from the land. (5) Where the licensee undertakes the work of removal pursuant to the owner’s request under subsection (4), the owner is liable to pay reasonable compensation to the licensee. (6) If the licensee does not intend to undertake the work of removal pursuant to the owner’s request under subsection (4), the licensee must, by written notice, inform the owner and the Authority of its intention and the Authority must specify a date not less than 14 days from the date of the notice to inquire into the facts of the case, and the decision of the Authority is binding on the licensee and the owner. (7) Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land and that part of the district cooling system is no longer in use for district cooling purposes, the licensee may, on its own volition, or must, at the request of the owner of that land, remove that part of the district cooling system from that land within a reasonable time at its own cost and expense and compensate the owner for any damage done in the process of removing that part of the district cooling system. (8) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the decision, appeal to the Minister whose decision is final. (9) This section does not apply where a contrary intention has been expressed by the owner of the land and the licensee by agreement. (10) In this section, “owner” includes any person having a leasehold interest with an unexpired term of not less than 7 years.


document_id: dca-2001
provision_ref: s29
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 29
title: Provision of space or facility by developer or owner of building
content:
29. Any developer or owner of a building who requires any district cooling services from a licensee must provide at the developer’s or owner’s expense such space and facility within or on the building and such access thereto as may be necessary for the operation of the district cooling system.


document_id: dca-2001
provision_ref: s30
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 30
title: Apparatus not fixture and not subject to distress
content:
30. Any apparatus owned or let for hire or lent to a consumer by a licensee and which has been affixed or fastened to any part of the consumer’s premises — ( a ) continues to remain the property of that licensee and is deemed not to be a fixture, and does not vest in the owner of the premises; and ( b ) shall not be subject to distress or be liable to be taken under or pursuant to an enforcement order of any court or any proceedings in bankruptcy or winding up proceedings against the party in whose possession it is. [Act 25 of 2021 wef 01/04/2022]


document_id: dca-2001
provision_ref: s31
chapter: PART 6 - MATTERS RELATING TO LICENSEES
section: 31
title: Power to discontinue provision of district cooling services in emergency
content:
31. —(1) Where a licensee is of the opinion that immediate action is necessary on the occurrence of any emergency, in the interests of public safety or in order to avoid undue interference with the efficient provision of district cooling services to other consumers or for any other reasons affecting the public interest, the licensee may forthwith discontinue the provision of district cooling services to any consumer. (2) The licensee must immediately after the discontinuance give written notice of the discontinuance to the Authority and the affected consumer, and must restore district cooling services to that consumer as soon as is reasonably practicable. (3) A licensee shall not be liable for any loss or damage caused to any person resulting from such discontinuance in the provision of district cooling services.


document_id: dca-2001
provision_ref: s32
chapter: PART 7 - OFFENCES
section: 32
title: Prohibition of unlicensed provision of district cooling services
content:
32. Any person who provides district cooling services to any service area without a licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.


document_id: dca-2001
provision_ref: s33
chapter: PART 7 - OFFENCES
section: 33
title: Falsely pretending to be employee of Authority or licensee
content:
33. Any person who seeks to obtain entry to any premises by falsely pretending to be an employee of the Authority or a licensee shall be guilty of an offence.


document_id: dca-2001
provision_ref: s34
chapter: PART 7 - OFFENCES
section: 34
title: Penalty for obstructing Authority in performance of duties
content:
34. Any person who at any time hinders or obstructs any authorised officer or any employee, agent or contractor of the Authority in the performance and execution of his or her duty under this Act shall be guilty of an offence.


document_id: dca-2001
provision_ref: s35
chapter: PART 7 - OFFENCES
section: 35
title: Making of false statement, etc.
content:
35. —(1) Any person who, when giving any information to the Authority or making any application under or for the purposes of any provision of this Act, makes any statement which the person knows to be false in a material particular, or who recklessly makes any statement which is false in a material particular, shall be guilty of an offence. (2) Any person who — ( a ) wilfully or fraudulently procures or attempts to procure for the person or for any other person any licence under this Act by making or producing or causing to be made or produced any false or fraudulent representation or declaration either verbally or in writing; or ( b ) knowingly aids or assists therein, shall be guilty of an offence.


document_id: dca-2001
provision_ref: s36
chapter: PART 7 - OFFENCES
section: 36
title: Jurisdiction of court
content:
36. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court and a Magistrate’s Court have jurisdiction to try any offence under this Act and have power to impose the full penalty or punishment in respect of any offence under this Act.


document_id: dca-2001
provision_ref: s37
chapter: PART 7 - OFFENCES
section: 37
title: Police officer or authorised officer may require evidence of identity in certain cases
content:
37. —(1) Any police officer or authorised officer who reasonably believes that any person has committed an offence under this Act may require that person to furnish evidence of that person’s identity and the person must thereupon furnish such evidence of the person’s identity as may be required by the police officer or authorised officer. (2) The occupier of any premises must, if required by any police officer or authorised officer, furnish the occupier’s name and the name and address of the owner of the premises, if known. (3) Any person who — ( a ) refuses to furnish any information required of the person by any police officer or authorised officer under this section; or ( b ) wilfully misstates such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.


document_id: dca-2001
provision_ref: s38
chapter: PART 7 - OFFENCES
section: 38
title: Duty to enquire before excavation
content:
38. Any person who digs, bores, trenches, grades, excavates or breaks any ground with any mechanical equipment or explosive within the service area or allows that person’s employee or agent to do so without first ascertaining the location of any apparatus belonging to or under the management or control of a licensee that may be interfered with shall be guilty of an offence.


document_id: dca-2001
provision_ref: s39
chapter: PART 7 - OFFENCES
section: 39
title: General penalties
content:
39. Any 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: dca-2001
provision_ref: s40
chapter: PART 7 - OFFENCES
section: 40
title: Composition of offences
content:
40. —(1) The Authority may, in its discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $3,000. (2) The Authority may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded. (3) All sums collected under this section must be paid to the Authority.


document_id: dca-2001
provision_ref: s41
chapter: PART 7 - OFFENCES
section: 41
title: Offences committed by bodies corporate, etc.
content:
41. Where — ( a ) an offence under this Act has been committed by a company, firm, society or other body of persons; and ( b ) that offence is proved to have been committed with the authority, consent or connivance of any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in any such capacity, that person shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


document_id: dca-2001
provision_ref: s42
chapter: PART 8 - MISCELLANEOUS
section: 42
title: Appeal to Minister
content:
42. —(1) Any licensee aggrieved by — ( a ) any decision of the Authority in the exercise of any discretion vested in it by or under this Act; ( b ) any direction given by the Authority under this Act; or ( c ) anything contained in any code of practice or other standard of performance issued or approved by the Authority, may appeal to the Minister. (2) Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or thing in the code of practice or other standard of performance appealed against must be complied with until the determination of the appeal. (3) The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice or other standard of performance issued or approved by the Authority. (4) The decision of the Minister in any appeal is final.


document_id: dca-2001
provision_ref: s43
chapter: PART 8 - MISCELLANEOUS
section: 43
title: General exemption
content:
43. The Authority may, with the approval of the Minister, either permanently or for such period as it may think fit, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act.


document_id: dca-2001
provision_ref: s44
chapter: PART 8 - MISCELLANEOUS
section: 44
title: Service of documents
content:
44. —(1) Any notice, order or document required or authorised by this Act to be given or served on any person, and any summons issued by a court in connection with any offence under this Act may be served on the person — ( a ) by delivering it to the person or to some adult member or employee of his or her family at his or her last known place of residence; ( b ) by leaving it at the person’s usual or last known place of residence or business in an envelope addressed to the person; ( c ) by affixing it to some conspicuous part of the person’s last known place of residence; or ( d ) by sending it by registered post addressed to the person at the person’s usual or last known place of residence or business, and where the person to be served is a body corporate — ( e ) by delivering it to the secretary or other like officer of the body corporate at its registered or principal office; or ( f ) by sending it by registered post addressed to the body corporate at its registered or principal office. (2) Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the notice, order, document or summons would, in the ordinary course of post, be delivered and in proving service of the notice, order, document or summons, it is sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.


document_id: dca-2001
provision_ref: s45
chapter: PART 8 - MISCELLANEOUS
section: 45
title: Regulations
content:
45. —(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for prescribing any matter which is required under this Act to be prescribed. (2) The Authority may, with the approval of the Minister, in making any regulations under this section, provide that any contravention of any regulation shall be an offence and may prescribe punishment by a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both. (3) All such regulations must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: dca-2001
provision_ref: s46
chapter: PART 8 - MISCELLANEOUS
section: 46
title: Incorporation by reference
content:
46. —(1) The regulations made under this Act may apply, adopt or incorporate by reference — ( a ) wholly or partially; ( b ) with or without any addition, omission or substitution; or ( c ) specifically or by reference, any code of practice, standard, requirement, specification or other document that relates to any subject matter of any regulations made under this Act (called in this section the material), as in force or published at a particular time or as in force or published from time to time. (2) The material mentioned in subsection (1) may be material issued by the Authority, or material issued by any standards setting organisation, or other organisation or person. (3) Any material applied, adopted or incorporated by reference in the regulations under subsection (1) is to be treated for all purposes as forming part of the regulations. (4) Unless otherwise provided in the regulations, where the material is applied, adopted or incorporated by reference as in force or published from time to time, every amendment to the material that is made by the organisation or person that issued the material is to be treated as being a part of those regulations. (5) Where any material is applied, adopted or incorporated by reference in any provision of any regulations, the Authority must give notice in the Gazette stating — ( a ) that the material is applied, adopted or incorporated in the regulations, and the date from which the material is so applied, adopted or incorporated; ( b ) that the material is available for inspection, free of charge, and the place at which such material may be inspected; ( c ) that copies of the material can be purchased, and the place where the material can be purchased; and ( d ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) In addition, the Authority must cause a copy of every material applied, adopted or incorporated by reference in the regulations under subsection (1), to be made available for inspection by members of the public without charge at any of its offices during normal office hours. (7) To avoid doubt, any part of the material that is not applied, adopted or incorporated by reference in the regulations under subsection (1) has no legislative effect. [Act 37 of 2021 wef 29/01/2022]


document_id: dca-2001
provision_ref: s47
chapter: PART 8 - MISCELLANEOUS
section: 47
title: Advisory guidelines
content:
47. —(1) The Authority may issue advisory guidelines for the purposes of providing practical guidance or certainty in respect of any one or more requirements imposed by or under this Act. (2) The Authority may consult with such person as the Authority thinks fit for the purpose of preparing any advisory guidelines under subsection (1). (3) The advisory guidelines may — ( a ) be of general or specific application; or ( b ) specify that different provisions of the advisory guidelines apply to different circumstances, or are applicable to different persons or classes of persons. (4) The Authority may amend or revoke the whole or part of any advisory guidelines issued under subsection (1). (5) Advisory guidelines issued or amended under this section do not have any legislative effect. (6) Where, in any administrative proceedings commenced in connection with this Act, any provision in this Act to which any advisory guidelines issued under subsection (1) relate is alleged to have been contravened, then — ( a ) compliance with such guidelines; or ( b ) a contravention of or failure to comply with, whether by act or omission, such guidelines, may be relied upon by any party to those proceedings as tending to negative or establish the contravention which is in question in those proceedings. [Act 37 of 2021 wef 29/01/2022]


document_id: dca-2022
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Debt Collection Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: dca-2022
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Assistant Licensing Officer” means a public officer appointed under section 3(1)( b ); “authorised officer” means a public officer appointed under section 3(3); “class licence” means a class licence determined under an order made under section 14(1); “class licensee” means a person to whom an order under section 14(1) applies; “code of practice” means a code of practice issued or approved by the Licensing Officer under section 16, and includes any such code of practice as amended from time to time under that section; “compliance officer” means an individual appointed under section 4(1); “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “debt” means a monetary obligation owed by a debtor; “debt collection activity” means any activity undertaken in Singapore that involves finding the debtor of a debt or requesting, demanding or collecting from the debtor money due under the debt; “debt collection business” means the business carried on by a person of collecting any debt from a debtor — ( a ) on behalf of another person; or ( b ) where the firstmentioned person has acquired the debt; “debt collector” means an individual who carries out any debt collection activity for or on behalf of another person; “entity” means any of the following: ( a ) a corporation registered under section 19 of the Companies Act 1967; ( b ) a sole proprietorship or partnership registered under the Business Names Registration Act 2014; ( c ) a limited liability partnership registered under the Limited Liability Partnerships Act 2005; ( d ) a limited partnership registered under the Limited Partnerships Act 2008; ( e ) an entity having a business or corporate structure as may be prescribed; “excluded person” means a person specified in Part 1 of the First Schedule; “inspecting officer” means the Licensing Officer, an Assistant Licensing Officer, an authorised officer or a police officer; “key appointment holder”, in relation to an entity, means any of the following persons: ( a ) where the entity is a corporation — (i) a member of the board of directors or committee or board of trustees or other governing board of the corporation; or (ii) an individual for the time being holding the office of chairperson or chief executive officer of the corporation; ( b ) where the entity is a sole proprietorship — the sole proprietor; ( c ) where the entity is a partnership or limited partnership — a partner of the partnership or limited partnership, as the case may be; ( d ) where the entity is a limited liability partnership — a partner or manager of the limited liability partnership; ( e ) any person, other than a person mentioned in paragraph ( a ), ( b ), ( c ) or ( d ), by whatever name called, who is principally responsible for the management and conduct of the entity’s business activities; “licence” means a licence granted or renewed under section 8; “licensee” means a person who is the holder of a licence, but does not include a class licensee; “Licensing Officer” means the public officer appointed under section 3(1)( a ); “modification” and “modify”, in relation to the conditions of a licence or the conditions of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, include deleting, varying and substituting a condition, and adding a condition; “police officer” has the meaning given by section 2(1) of the Police Force Act 2004; “public authority” means — ( a ) any Ministry, department of the Government or Organ of State; or ( b ) any body established or constituted by or under any public Act to perform a public function; “regulated business” means a business specified in Part 2 of the First Schedule. (2) For the purposes of this Act, any debt that is owed to a person who carries on a regulated business in the course of the regulated business includes a debt that is owed to the person as a consequence of a merger with, or acquisition of, a regulated business. (3) For the purposes of this Act, a person ( A ) deploys an individual ( B ) as A ’s debt collector, if B — ( a ) is in the direct employment of, or acting for or by arrangement with, A ; and ( b ) is authorised to carry out any debt collection activity for or on behalf of A . (4) For the purposes of this Act — ( a ) a licensee is not regarded as being granted a licence to carry on a debt collection business or to carry out any debt collection activity in the course of the business, during the period the licensee’s licence is suspended under section 22(2)( b ) or 24(2); ( b ) a class licensee is not regarded as authorised under a class licence to carry out any debt collection activity to collect any debt that is owed to the class licensee in the course of the regulated business carried on by the class licensee, during the period the application of the class licence to that class licensee is suspended under section 22(2)( b ) or 24(2); and ( c ) a licensee and an individual to whom approval is granted by the Licensing Officer under section 20 for the individual to be deployed as a debt collector of the licensee, are not regarded as being so approved during the period the approval is suspended under section 25(2)( c ) or 27(2).


document_id: dca-2022
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of officers
content:
3. —(1) The Minister may, for the purposes of this Act, appoint — ( a ) a public officer as the Licensing Officer; and ( b ) any number of public officers as Assistant Licensing Officers that the Minister considers necessary. (2) The Licensing Officer and Assistant Licensing Officers may be known by the titles that the Minister may determine from time to time. (3) The Licensing Officer may, in relation to any provision of this Act, appoint any public officer to be an authorised officer for the purposes of that provision, either generally or in a particular case. (4) Subject to subsection (5), the Licensing Officer may, with the approval of the Minister, delegate the exercise of all or any of the powers conferred or duties imposed upon the Licensing Officer by any provision of this Act (except the power of delegation conferred by this subsection) to an Assistant Licensing Officer. (5) Any delegation under subsection (4) may be general or in a particular case and may be subject to the conditions or limitations as set out in this Act or as the Licensing Officer may specify; and any reference in the provision of this Act to the Licensing Officer includes a reference to such an Assistant Licensing Officer.


document_id: dca-2022
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Compliance officers
content:
4. —(1) The Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who — ( a ) is at least 18 years of age; ( b ) is not an employee of a public authority; ( c ) is not a public officer; and ( d ) has suitable qualifications or experience, to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 3 of Part 4 in any particular area in Singapore. (2) The Licensing Officer may, for any reason that appears to the Licensing Officer to be sufficient, at any time revoke an individual’s appointment as a compliance officer. (3) The Licensing Officer must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising any power under this Act. (4) A compliance officer whose appointment ceases must return any identification card issued to him or her under subsection (3) to the Licensing Officer. (5) The Licensing Officer must also issue to each compliance officer, a written authorisation specifying one or more of the powers expressly specified in Division 3 of Part 4 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers. (6) The authorisation of the Licensing Officer under subsection (5) issued to a compliance officer may also do all or any of the following: ( a ) limit the powers mentioned in subsection (1) that the compliance officer may exercise; ( b ) limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them; ( c ) limit the circumstances in which the compliance officer may exercise those powers or any of them. (7) To avoid doubt, the Licensing Officer cannot authorise under this section a compliance officer — ( a ) to detain or arrest any individual; ( b ) to search any place or individual; or ( c ) to seize any property. (8) The powers that a compliance officer may be authorised under this section to exercise may be exercised only — ( a ) on production of the identification card issued under subsection (3); ( b ) to the extent authorised by the Licensing Officer under subsection (5); and ( c ) as directed (generally or specially) by the Licensing Officer or an authorised officer. (9) A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power. (10) To avoid doubt, a compliance officer does not cease to be acting on the direction of the Licensing Officer or an authorised officer by reason only that the Licensing Officer or authorised officer is not present at all times. (11) An individual who is appointed as a compliance officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Government.


document_id: dca-2022
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Protection from personal liability
content:
5. No liability shall lie personally against the Licensing Officer, an Assistant Licensing Officer, an authorised officer, a compliance officer, a police officer or any other person acting under the direction of the Licensing Officer for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in — ( a ) the exercise or purported exercise of any power under this Act; or ( b ) the performance or purported performance of any function under this Act.


document_id: dca-2022
provision_ref: s6
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 6
title:
Regulation of debt collection businesses and debt collection activities relating to regulated businesses

content:
6. —(1) A person must not, on or after the start date, carry on a debt collection business, or carry out any debt collection activity in the course of the business, unless the person is an entity which is authorised to carry on the debt collection business by a valid licence under this Act. (2) A person who carries on a regulated business must not, on or after the start date, carry out any debt collection activity to collect any debt that is owed to the person in the course of the regulated business, unless the person is authorised to carry out the debt collection activity under a class licence determined by the Minister under section 14(1). (3) A person must not, on or after the start date, advertise or otherwise hold himself, herself or itself out that the person is carrying on a debt collection business unless the person holds a valid licence under this Act. (4) Subsections (1) and (3) do not apply to an excluded person. (5) A 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 $20,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) where the person is a repeat offender — to a fine of not less than $20,000 and not more than $100,000 or to imprisonment for a term not exceeding 5 years or to both. (6) In this section, “start date” means the date which falls 3 months after the date of commencement of this section. Division 1 &#x2014; Licences


document_id: dca-2022
provision_ref: s7
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 7
title: Application for or to renew licence
content:
7. —(1) An application for or to renew a licence must be made to the Licensing Officer in accordance with this section. (2) An application under subsection (1) must — ( a ) be in the form and manner required by the Licensing Officer; ( b ) be accompanied by a non-refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and ( c ) be accompanied by any information that the Licensing Officer requires to decide on the application. (3) In addition to the requirements under subsection (2), an application to renew a licence must — ( a ) be made not later than the prescribed time before the date the licence expires (called in this subsection the renewal deadline); and ( b ) if made later than the renewal deadline, be accompanied by a non‑refundable late renewal application fee (if prescribed) paid in the manner required by the Licensing Officer. (4) The Licensing Officer or an authorised officer may — ( a ) carry out any inquiry or investigation in relation to an application under subsection (1) that is necessary for a proper consideration by the Licensing Officer of the application; and ( b ) request that the applicant provide, within a specified time, any additional information that the Licensing Officer requires for a proper consideration of the application. (5) The Licensing Officer may refuse an application under subsection (1) — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicant fails to provide the additional information requested under subsection (4)( b ). (6) An applicant who, in an application under subsection (1), makes a statement which the applicant knows to be false in a material particular 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 2 years or to both.


document_id: dca-2022
provision_ref: s8
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 8
title: Grant or renewal of licence
content:
8. —(1) After considering an application for or to renew a licence, the Licensing Officer may — ( a ) on payment of a licence fee or renewal fee (if prescribed), grant or renew the licence, as the case may be; or ( b ) refuse (without compensation) to grant or renew the licence, as the case may be. (2) The Licensing Officer must not grant or renew a licence if the Licensing Officer is satisfied that — ( a ) the applicant is not a fit and proper person to hold a licence; or ( b ) a key appointment holder of the applicant is not a fit and proper person to act in that capacity. (3) In determining whether — ( a ) an applicant is a fit and proper person to hold a licence; or ( b ) a key appointment holder of an applicant is a fit and proper person to act in that capacity, the Licensing Officer may have regard to, and give any weight that the Licensing Officer considers appropriate to, any criteria and requirements that are prescribed. (4) To avoid doubt, the Licensing Officer is not confined to consideration of the criteria and requirements prescribed under subsection (3), and may take into account any other matter or evidence that may be relevant.


document_id: dca-2022
provision_ref: s9
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 9
title: Form and validity of licence
content:
9. —(1) Every licence is to be in the form that the Licensing Officer determines. (2) Every licence granted or renewed under this Act continues in force for the period specified in the licence unless it is earlier revoked under section 22(1) or suspended under section 22(2)( b ) or 24(2). (3) A licence is not transferable or assignable to any person, and a purported transfer or assignment of a licence, or of any rights, benefits or privileges under the licence, is void and of no effect.


document_id: dca-2022
provision_ref: s10
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 10
title: Licence conditions
content:
10. —(1) In granting or renewing a licence under section 8, the Licensing Officer may impose any condition that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) The Licensing Officer may impose — ( a ) conditions generally applicable to all licences; ( b ) conditions specifically applicable to a class of licences; or ( c ) conditions specifically applicable to a particular licence. (3) Without limiting subsection (1), a licence may include conditions — ( a ) requiring the licensee to put in place measures to ensure that every debt collector of the licensee carries out any debt collection activity in compliance with — (i) all the conditions of the approval granted under section 20 for the debt collector to be deployed as a debt collector of the licensee; (ii) all the codes of practice that are applicable to the licensee; and (iii) this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and ( b ) requiring the licensee to undergo and pass any audit that the Licensing Officer may determine for compliance with — (i) the provisions of this Act; (ii) the conditions of the licence or any approval granted under section 20 for an individual to be deployed as a debt collector of the licensee; (iii) the codes of practice that are applicable to the licensee; and (iv) any direction given by the Licensing Officer under section 11(4), 21(6), 22(2)( a ), 25(2)( b ) or 26(5). (4) For the purpose of subsection (3)( b ) — ( a ) the audit may be conducted only by — (i) an authorised officer; or (ii) any qualified individual or qualified audit team that may be approved by the Licensing Officer for that purpose; and ( b ) the Licensing Officer may require the licensee to submit to the Licensing Officer or to the persons conducting the audit any information that the Licensing Officer may specify which pertains to the licensee. (5) Without limiting subsection (1), the Licensing Officer may grant a renewal of a licence with or without modifying the conditions of the licence, but section 11 does not apply to or in relation to granting a renewal of a licence with modifications to the conditions of the licence.


document_id: dca-2022
provision_ref: s11
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 11
title: Modification of conditions of licence
content:
11. —(1) The Licensing Officer may modify the conditions of a licence in accordance with this section without compensating the licensee to whom the licence is granted. (2) Before modifying any condition of a licence, the Licensing Officer must give notice to the licensee — ( a ) stating that the Licensing Officer intends to make the modification in the manner as specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee) within which the licensee may make written representations to the Licensing Officer with respect to the proposed modification. (3) On receiving any written representation mentioned in subsection (2)( b ), the Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (4) Where — ( a ) the Licensing Officer rejects any written representation under subsection (3)( a ); ( b ) the Licensing Officer amends any proposed modification to the conditions of the licence under subsection (3)( b ); or ( c ) no representation is received by the Licensing Officer within the time specified in subsection (2)( b ), or any representation made under that provision is subsequently withdrawn, and the licensee has not given immediate effect to the modification, the Licensing Officer must issue a direction in writing to the licensee in question requiring the licensee, within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (2) or as amended by the Licensing Officer, as the case may be.


document_id: dca-2022
provision_ref: s12
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 12
title: Lapse of licence
content:
12. —(1) Unless expired or earlier revoked under section 22(1), a licence lapses — ( a ) when the licensee ceases to exist; or ( b ) if the licensee is a sole proprietorship of which the sole proprietor is an individual — on the death of the sole proprietor. (2) No part of any licence fee or renewal fee may be refunded upon the lapse of a licence under this section.


document_id: dca-2022
provision_ref: s13
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 13
title: Register of licensees
content:
13. The Licensing Officer must cause to be kept and maintained a register of licensees, in the form and manner and containing the information that the Licensing Officer thinks fit. Division 2 &#x2014; Class licences


document_id: dca-2022
provision_ref: s14
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 14
title: Class licence
content:
14. —(1) The Minister may, by order in the Gazette , determine a class licence that authorises any person who carries on a regulated business to carry out any debt collection activity to collect any debt that is owed to the person in the course of the regulated business — ( a ) for a specified period or indefinitely, or to an extent specified in that order; and ( b ) subject to the conditions as may be specified in that order. (2) To avoid doubt, there may be more than one class licence determined. (3) Without limiting subsection (1)( b ), an order made under subsection (1) may include conditions — ( a ) restricting the manner or method by which a class licensee collects, or attempts to collect, any debt; ( b ) prohibiting a class licensee from collecting or attempting to collect any debt from any person unless the class licensee has first ascertained that the person is the debtor of the debt; ( c ) requiring a class licensee to only deploy employees of the class licensee as the class licensee’s debt collectors; ( d ) requiring a class licensee to put in place measures to ensure that every debt collector of the class licensee carries out any debt collection activity in compliance with — (i) all the conditions of the applicable class licence; (ii) all the codes of practice that are applicable to the class licensee; and (iii) this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; ( e ) restricting a class licensee from continuing to deploy an employee as the class licensee’s debt collector, if the employee had previously failed to conduct any debt collection activity in compliance with — (i) all the conditions of the class licence that are applicable to the class licensee; (ii) all the codes of practice that are applicable to the class licensee; or (iii) this Act or any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and ( f ) prohibiting a class licensee from collecting debts which are not owed to the class licensee. (4) An order under subsection (1) continues in force, unless it is revoked, for the period that may be specified in the order. (5) A class licensee to which an order under subsection (1) applies may carry out any debt collection activity in respect of any debt owed to the class licensee in the course of a regulated business carried on by the class licensee subject to the conditions of the order being complied with.


document_id: dca-2022
provision_ref: s15
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 15
title: Variation and revocation of class licence
content:
15. —(1) Subject to this section, the Minister may, by order in the Gazette , vary a class licence determined under an order made under section 14(1) by — ( a ) varying or revoking any condition specified in the class licence; or ( b ) specifying additional conditions of the class licence. (2) Before varying a class licence determined under an order made under section 14(1) or revoking such an order, the Minister must, unless the Minister considers it impractical or undesirable in the circumstances of the case, cause to be published, in accordance with subsection (3), a written notice that — ( a ) states that the Minister proposes to vary the class licence or to end the class licence; ( b ) describes the proposed variation or ending; and ( c ) invites interested persons to make representations about the proposed variation or ending by a specified date that is at least one month after the date of publication of the notice. (3) A notice under subsection (2) must be published on the prescribed website or in one or more other forms that are readily accessible by the public. (4) The Minister must, before varying a class licence under subsection (1) or revoking the order, give due consideration to any representations made to the Minister pursuant to the notice given in accordance with subsection (2). Division 3 &#x2014; Codes of practice


document_id: dca-2022
provision_ref: s16
chapter: PART 2 - REGULATION OF DEBT COLLECTION BUSINESSES
section: 16
title: Codes of practice
content:
16. —(1) The Licensing Officer may, with respect to all or any of the matters in subsection (2), from time to time — ( a ) issue one or more codes of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees; ( b ) approve as a code of practice applicable to all licensees or class licensees or a specified class of licensees or class licensees any document prepared by a person other than the Licensing Officer, as in force at a particular time or as amended from time to time, if the Licensing Officer considers the document suitable for this purpose; or ( c ) amend or revoke any code of practice issued under paragraph ( a ) or approved under paragraph ( b ). (2) The matters for the purposes of subsection (1) are — ( a ) the conduct, duties and responsibilities of a licensee; ( b ) the conduct, duties and responsibilities of a class licensee; ( c ) the management, administration and operation of debt collection businesses; and ( d ) the manner in which debt collection activities are to be carried out. (3) If any provision in any code of practice is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency — ( a ) is to have effect subject to this Act; or ( b ) having regard to this Act, is not to have effect. (4) Where any code of practice is issued, approved, amended or revoked by the Licensing Officer under subsection (1), the Licensing Officer must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice on the prescribed website or in one or more other forms that are readily accessible by the public; ( b ) specify in the notice mentioned in paragraph ( a ), the date of the issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice remains in force, copies of that code of practice are available for inspection, free of charge, by licensees or class licensees to whom the code of practice applies. (5) No code of practice, no amendment to any code of practice, and no revocation of any code of practice, has any force or effect until the notice mentioned in subsection (4) is published in accordance with that subsection. (6) A code of practice issued or approved under this section does not have any legislative effect. (7) Subject to subsection (8), every licensee or class licensee must comply with the codes of practice applicable to the licensee or class licensee, as the case may be. (8) The Licensing Officer may, either generally or for any time that the Licensing Officer may specify, waive the application of any code of practice or any part of a code of practice issued or approved under this section to any licensee or class licensee. (9) Any contravention or failure to comply by a licensee or class licensee of or with any code of practice applicable to the licensee or class licensee (as the case may be) does not of itself render the licensee or class licensee (as the case may be) liable to criminal proceedings, but any such contravention may, in any proceedings (criminal or otherwise under this Act) in connection with an offence under this Act, be relied on by any party to those proceedings as tending to establish or negate any liability which is in question in those proceedings.


document_id: dca-2022
provision_ref: s17
chapter: PART 3 - DEBT COLLECTORS
section: 17
title: Individuals acting as debt collectors
content:
17. —(1) An individual must not, on or after the start date, act as a debt collector for a person who carries on a debt collection business unless — ( a ) the person is a licensee which is approved to deploy the individual as the licensee’s debt collector under section 20; or ( b ) the person is the individual’s employer and is an excluded person. (2) An individual must not, on or after the start date, act as a debt collector for a person who carries on a regulated business unless — ( a ) the person is the individual’s employer and is a class licensee; and ( b ) the individual is deployed by the person as the person’s debt collector in respect of a debt that the person is authorised to collect under a class licence that is applicable to the person. (3) An individual who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but ( b ) where the individual is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (4) In this section, “start date” means the date which falls 3 months after the date of commencement of this section.


document_id: dca-2022
provision_ref: s18
chapter: PART 3 - DEBT COLLECTORS
section: 18
title: Deployment of individuals to perform debt collection activities by licensees
content:
18. —(1) A licensee must not deploy an individual as the licensee’s debt collector unless the Licensing Officer has granted approval under section 20 for the individual to be deployed as a debt collector by the licensee. (2) A licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but ( b ) where the licensee is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: dca-2022
provision_ref: s19
chapter: PART 3 - DEBT COLLECTORS
section: 19
title: Application for approval
content:
19. —(1) An application for approval for a licensee to deploy an individual as a debt collector of the licensee must be made jointly by the licensee and the individual to the Licensing Officer in accordance with this section. (2) To avoid doubt — ( a ) the Licensing Officer may grant approval for an individual to be deployed as a debt collector of 2 or more licensees; but ( b ) each of the licensees mentioned in paragraph ( a ) must (jointly with the individual) make a separate application under subsection (1) for the Licensing Officer’s approval for the individual to be deployed as a debt collector of that licensee. (3) An application under subsection (1) must — ( a ) be in the form and manner required by the Licensing Officer; ( b ) be accompanied by a non-refundable application fee (if prescribed) paid in the manner required by the Licensing Officer; and ( c ) be accompanied by any information the Licensing Officer requires to determine the application. (4) The Licensing Officer or an authorised officer may — ( a ) carry out any inquiry or investigation in relation to an application under subsection (1) that is necessary for a proper consideration by the Licensing Officer of the application; and ( b ) request that the applicants provide, within a specified time, any additional information that the Licensing Officer requires for a proper consideration of the application. (5) The Licensing Officer may refuse an application under subsection (1) — ( a ) that is incomplete or otherwise not made in accordance with this section; or ( b ) if the applicants fail to provide the additional information requested under subsection (4)( b ).


document_id: dca-2022
provision_ref: s20
chapter: PART 3 - DEBT COLLECTORS
section: 20
title: Grant of approval
content:
20. —(1) After considering an application for approval for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may — ( a ) on payment of a fee (if prescribed), grant the approval; or ( b ) refuse (without compensation) to grant the approval. (2) The Licensing Officer must not grant approval for an application if the Licensing Officer is satisfied that the individual is not a fit and proper person to be deployed as a debt collector by the licensee. (3) In determining whether an individual is a fit and proper person to be deployed as a debt collector by the licensee, the Licensing Officer may have regard to, and give any weight that the Licensing Officer considers appropriate to, any criteria and requirement that is prescribed. (4) To avoid doubt, the Licensing Officer is not confined to consideration of the criteria and requirements prescribed under subsection (3) and may take into account any other matter or evidence that may be relevant.


document_id: dca-2022
provision_ref: s21
chapter: PART 3 - DEBT COLLECTORS
section: 21
title: Conditions of approval
content:
21. —(1) In granting any approval under section 20 in respect of an individual, the Licensing Officer may impose any condition on the licensee or the individual (or both) that the Licensing Officer considers requisite or expedient having regard to the purpose of this Act. (2) Without limiting subsection (1), an approval granted under section 20 may be subject to conditions — ( a ) requiring the licensee or the individual (or both) to notify the Licensing Officer of any change in the particulars of the individual in respect of whom the approval is granted; and ( b ) requiring the licensee to take reasonable steps to ensure that the individual carries out any debt collection activity in compliance with one or more other conditions imposed under subsection (1). (3) Subject to subsections (4), (5) and (6), it is lawful for the Licensing Officer to modify the conditions of an approval without compensating the licensee or the individual in respect of whom the approval is granted. (4) Before modifying any conditions of an approval, the Licensing Officer must give notice to the licensee and the individual in respect of whom the approval is granted, respectively — ( a ) stating that the Licensing Officer intends to make the modification in the manner specified in the notice; and ( b ) specifying the time (being at least 14 days after the date of service of the notice on the licensee and the individual or (where the notices are served on the licensee and the individual on different dates) on the later of those dates) within which the licensee and the individual may make their written representations to the Licensing Officer with respect to the proposed modification. (5) Upon receiving any written representation mentioned in subsection (4)( b ), the Licensing Officer must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification in any manner that the Licensing Officer thinks fit having regard to the representation; or ( c ) withdraw the proposed modification. (6) Where — ( a ) the Licensing Officer rejects any written representation under subsection (5)( a ); ( b ) the Licensing Officer amends any proposed modification to the conditions of the approval under subsection (5)( b ); or ( c ) no representation is received by the Licensing Officer within the time specified in subsection (4)( b ), or any representation made under that provision is subsequently withdrawn, and the licensee or the individual, or both (as the case may be) have not given immediate effect to the modification, the Licensing Officer must issue a direction in writing to the licensee, or the individual, or both (as the case may be) requiring the licensee or the individual, or both (as the case may be), within the time specified by the Licensing Officer, to give effect to the modification as specified in the notice under subsection (4) or as amended by the Licensing Officer, as the case may be.


document_id: dca-2022
provision_ref: s22
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 22
title: Regulatory action against licensees and class licensees
content:
22. —(1) Subject to section 23, if the Licensing Officer is satisfied that — ( a ) a licensee or class licensee has contravened or not complied with — (i) any condition of its licence or class licence; (ii) any provision of this Act applicable to the licensee or class licensee, the contravention of or non‑compliance with which is not an offence under this Act; (iii) any provision of a code of practice applicable to the licensee or class licensee; (iv) in the case of the licensee — any direction given to the licensee under subsection (2)( a ) or section 11(4), 21(6), 25(2)( b ) or 26(5); or (v) in the case of a class licensee — any direction given to the class licensee under subsection (2)( a ); ( b ) a licensee or class licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( c ) a licensee or class licensee has made any assignment to, or composition with, its creditors or, if a corporation or limited liability partnership, is unable to pay its debts; ( d ) a licensee or class licensee has been convicted of any of the following offences that is committed during the term of the licence or class licence, as the case may be: (i) an offence under this Act; (ii) an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or class licensee had acted dishonestly; (iii) an offence specified in the Second Schedule; ( e ) the licence of a licensee had been obtained by fraud or misrepresentation; ( f ) a licensee is no longer a fit and proper person to hold a licence, having regard to the criteria or requirements mentioned in section 8(3) or the matter or evidence mentioned in section 8(4); ( g ) a key appointment holder of a licensee is no longer a fit and proper person to act in that capacity, having regard to the criteria or requirements mentioned in section 8(3) or the matter or evidence mentioned in section 8(4); ( h ) a licensee has ceased to carry on the debt collection business; or ( i ) the public interest so requires, the Licensing Officer may (without any compensation) revoke the licensee’s licence or disapply the class licence with respect to that class licensee. (2) However, the Licensing Officer may, in lieu of revoking a licensee’s licence or disapplying a class licence with respect to a class licensee under subsection (1), do (without compensation) one or more of the following: ( a ) direct the licensee or class licensee to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non-compliance mentioned in subsection (1)( a ); ( b ) suspend the licence or application of the class licence with respect to the class licensee for not more than 6 months; ( c ) in the case of a licensee — modify any condition of the licence. (3) In taking any regulatory action under this section in relation to the conviction of a licensee or a class licensee for a criminal offence, the Licensing Officer may accept the licensee’s or class licensee’s conviction as final. (4) For the purposes of subsection (1)( c ) — ( a ) a corporation is unable to pay its debts if it is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018; and ( b ) a limited liability partnership is unable to pay its debts if it is deemed to be so unable under paragraph 3(2) of the Fifth Schedule to the Limited Liability Partnerships Act 2005.


document_id: dca-2022
provision_ref: s23
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 23
title: Proceedings for regulatory action against licensees and class licensees
content:
23. —(1) Before exercising any power under section 22, the Licensing Officer must give written notice to the licensee or class licensee concerned — ( a ) stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee; ( b ) specifying the type of regulatory action in section 22(1) or (2) the Licensing Officer proposes to take, and the ground for taking the regulatory action; and ( c ) specifying the time (being at least 14 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action. (2) The Licensing Officer may decide to take the appropriate regulatory action described in section 22(1) or (2) — ( a ) after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or ( b ) after the time delimited in the written notice under subsection (1)( c ) lapses, where no representation is so made or any representation made is subsequently withdrawn. (3) Where the Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, the Licensing Officer must serve on the licensee or class licensee a notice of his or her decision. (4) Subject to section 37, a decision to revoke a licence or disapply a class licence under section 22(1), or to impose a regulatory action under section 22(2), which is specified in the notice given under subsection (1), takes effect on the date that is immediately after the date on which that notice is given, or on any other date that may be specified in the notice. (5) Any suspension or revocation of any licence of any licensee, or any suspension of application or disapplication of a class licence with respect to any class licensee, under section 22 does not affect — ( a ) the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or ( b ) the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person.


document_id: dca-2022
provision_ref: s24
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 24
title: Immediate suspension of licence or application of class licence
content:
24. —(1) This section applies if — ( a ) a licensee or class licensee is subject to criminal proceedings in respect of — (i) an offence under this Act; (ii) an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the licensee or class licensee (as the case may be) had acted dishonestly; or (iii) an offence specified in the Second Schedule; and ( b ) the Licensing Officer is of the opinion that it is undesirable in the public interest for the licensee to carry on a debt collection business or the class licensee to carry out any debt collection activity mentioned in section 6(2), as the case may be, and this section applies despite section 23. (2) The Licensing Officer may (without compensation) — ( a ) in the case of a licensee — serve on the licensee a notice of immediate suspension of the licensee’s licence; or ( b ) in the case of a class licensee — serve on the class licensee a notice of immediate suspension of application of the relevant class licence with respect to the class licensee, which takes immediate effect and remains in force until the Licensing Officer makes an order under subsection (5)( a ) or any appeal to the Minister under section 37 against an order under subsection (5)( b ) is determined. (3) The licensee or class licensee must, upon a notice being served under subsection (2) but subject to subsection (5), immediately cease to carry on the debt collection business or carry out the debt collection activity mentioned in section 6(2), as the case may be. (4) A licensee or class licensee who is served with a notice under subsection (2) may, within 14 days after being served with the notice, apply to the Licensing Officer to review his or her decision under subsection (5). (5) The Licensing Officer may, on reviewing his or her decision, by order — ( a ) rescind the immediate suspension of the licensee’s licence or the immediate suspension of application of the class licence with respect to the class licensee; or ( b ) refuse to rescind the immediate suspension of the licensee’s licence or the immediate suspension of application of the class licence with respect to the class licensee. Division 2 &#x2014; Regulatory action against approved debt collectors


document_id: dca-2022
provision_ref: s25
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 25
title: Regulatory action in respect of approved individuals
content:
25. —(1) Subject to section 26, the Licensing Officer may (without compensation) cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee on any of the following grounds: ( a ) any ground that would have entitled the Licensing Officer to refuse an application for approval in respect of the individual; ( b ) the individual is, in the opinion of the Licensing Officer, no longer a fit and proper person to be deployed by the licensee as the licensee’s debt collector, having regard to the criteria or requirements mentioned in section 20(3) or the matter or evidence mentioned in section 20(4); ( c ) the approval had been obtained by fraud or misrepresentation; ( d ) the individual has (during the period of approval) been — (i) convicted of an offence under this Act; (ii) convicted, whether in Singapore or elsewhere, of an offence involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly; (iii) convicted of an offence specified in the Second Schedule; or (iv) ordered to be detained under Part 5 of the Criminal Law (Temporary Provisions) Act 1955 or Chapter 2 of Part 2 of the Internal Security Act 1960; ( e ) the licensee or individual has contravened or not complied with — (i) any condition of the approval that is applicable to the licensee or individual, as the case may be; (ii) any provision of this Act applicable to the licensee or individual, the contravention of or non‑compliance with which is not an offence under this Act; or (iii) any direction issued under subsection (2)( b ) or section 26(5). (2) However, the Licensing Officer may, in lieu of cancelling the approval, do (without compensation) one or more of the following: ( a ) modify any condition of the approval; ( b ) direct the licensee or individual to do, or to refrain from doing, the things that are specified in a direction to rectify any contravention or non‑compliance mentioned in subsection (1)( e ); ( c ) suspend the approval in respect of the individual carrying out all or any debt collection activities for not more than 6 months. (3) In taking any regulatory action under this section in relation to the conviction of an individual for a criminal offence, the Licensing Officer may accept the individual’s conviction as final.


document_id: dca-2022
provision_ref: s26
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 26
title: Proceedings for regulatory action in respect of approved individuals
content:
26. —(1) Before exercising any power under section 25, the Licensing Officer must give written notice to the licensee and the individual concerned, respectively — ( a ) stating that the Licensing Officer intends to take regulatory action under section 25; ( b ) specifying the type of regulatory action in section 25(1) or (2) that the Licensing Officer proposes to take, and the ground for taking the regulatory action; and ( c ) specifying the time (being at least 14 days after the date the written notice is served on the licensee and the individual or (where the written notice is served on the licensee and the individual on different dates) the later of those dates) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action. (2) The Licensing Officer may decide to take the appropriate regulatory action described in section 25(1) or (2) — ( a ) after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or ( b ) after the time delimited in the written notice under subsection (1)( c ) lapses, where no representation is so made or any representation made is subsequently withdrawn. (3) Where the Licensing Officer has made any decision under subsection (2), the Licensing Officer must serve on the licensee and the individual concerned a notice of the Licensing Officer’s decision. (4) Subject to section 37, a decision under section 25(1) to cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, or to impose a regulatory action in section 25(2), which is specified in the notice given under subsection (1), takes effect on the date that is immediately after the date on which that notice is given, or on any other date that may be specified in the notice. (5) In the case of the suspension of any approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may (without compensation), in addition to the notice mentioned in subsection (3), issue any direction to the licensee or the individual, or both, that the Licensing Officer thinks fit. (6) Without limiting subsection (5), the Licensing Officer may issue a direction to the licensee under that subsection requiring the licensee to — ( a ) put in place measures, including proper training, to ensure that the licensee’s debt collectors understand and comply with this Act and do not conduct debt collection activities in a manner that would contravene other written laws, including the Penal Code 1871 and the Protection from Harassment Act 2014; or ( b ) keep proper records of any matter that relates to the deployment of the licensee’s debt collectors. (7) Any suspension or cancellation of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee does not affect — ( a ) the enforcement by any person of any right or claim against the individual; or ( b ) the enforcement by the individual of any right or claim against any person.


document_id: dca-2022
provision_ref: s27
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 27
title: Immediate suspension of approval
content:
27. —(1) This section applies if — ( a ) an individual in respect of whom approval has been granted under section 20 for the individual to be deployed as a debt collector of a licensee, is subject to criminal proceedings in respect of — (i) an offence under this Act; (ii) an offence, whether in Singapore or elsewhere, involving dishonesty or the conviction for which involved a finding that the individual had acted dishonestly; or (iii) an offence specified in the Second Schedule; and ( b ) the Licensing Officer is of the opinion that it is undesirable in the public interest for the individual to continue to act as the licensee’s debt collector, and this section applies despite section 26. (2) The Licensing Officer may (without compensation) serve on the individual and the licensee which deploys the individual as a debt collector with the Licensing Officer’s approval granted under section 20, a notice of immediate suspension of the approval which takes immediate effect and remains in force until the Licensing Officer makes an order under subsection (6)( a ) or any appeal to the Minister under section 37 against an order under subsection (6)( b ) is determined. (3) The individual must, upon a notice being served on him or her under subsection (2) but subject to subsection (6), immediately cease to act as the licensee’s debt collector. (4) The licensee must, upon a notice being served on it under subsection (2) but subject to subsection (6), immediately cease to deploy the individual as a debt collector. (5) An individual who is served with a notice under subsection (2) may, within 14 days after being served with the notice, apply to the Licensing Officer to review his or her decision under subsection (6). (6) The Licensing Officer may, on reviewing his or her decision, by order — ( a ) rescind the immediate suspension of the approval granted under section 20 for the individual to be deployed as a debt collector of the licensee; or ( b ) refuse to rescind the immediate suspension of that approval.


document_id: dca-2022
provision_ref: s28
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 28
title: Notification of cessation of deployment of debt collectors
content:
28. —(1) A licensee must notify the Licensing Officer of the cessation of the deployment of any individual as a debt collector of the licensee not later than the prescribed time after the cessation of the deployment. (2) On receipt of a notification made under subsection (1), the Licensing Officer must cancel the approval granted under section 20 for the individual to be deployed by the licensee. (3) A licensee who contravenes subsection (1) 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 2 years or to both. Division 3 &#x2014; Enforcement powers


document_id: dca-2022
provision_ref: s29
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 29
title: Purpose for which enforcement powers are exercisable
content:
29. —(1) An inspecting officer may exercise the powers set out in this Division for any of the following purposes: ( a ) to determine compliance with this Act, including whether an offence under this Act has been committed; ( b ) to determine compliance with any condition of a licence or class licence; ( c ) to determine compliance with any direction issued by the Licensing Officer under this Act; ( d ) to determine compliance with any condition of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee; ( e ) to determine whether information provided to an inspecting officer or a compliance officer under a provision of this Act is correct; ( f ) to investigate whether there is any ground for — (i) taking any regulatory action under section 22 against a licensee or class licensee; or (ii) taking any regulatory action under section 25 in respect of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee. (2) A compliance officer may exercise the powers set out in this Division where specified, but subject to section 4 in respect of the compliance officer; and any reference in this Division to a compliance officer is a reference to a compliance officer who is so authorised.


document_id: dca-2022
provision_ref: s30
chapter: PART 4 - ADMINISTRATION AND ENFORCEMENT
section: 30
title: Powers of entry, etc., at premises
content:
30. —(1) An inspecting officer or a compliance officer may, in accordance with subsections (3) and (4), enter any premises occupied by a relevant person which the inspecting officer or compliance officer reasonably believes are used for or in connection with the conduct of any debt collection business or regulated business, and do all or any of the following at the premises: ( a ) examine any thing or observe any activity conducted in or on the premises; ( b ) make a still or moving image or recording of the premises and any thing in or on the premises; ( c ) inspect any document in or on the premises and take extracts from, or make copies of, any such document; ( d ) take into or onto the premises any equipment and material that the inspecting officer or compliance officer requires for the purpose of exercising any power in relation to the premises; ( e ) operate electronic equipment in or on the premises; ( f ) require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1). (2) The inspecting officer mentioned in subsection (1) may also, in accordance with subsection (4) — ( a ) search the premises and any thing in or on the premises; ( b ) secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the inspecting officer believes on reasonable grounds that — (i) the thing is evidential material that the inspecting officer reasonably requires for any of the purposes of section 29(1); and (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or ( c ) seize any thing found in or on the premises which the inspecting officer reasonably suspects is as described in paragraph ( b )(i). (3) A compliance officer is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in that provision except — ( a ) with the consent of the occupier; or ( b ) under a warrant of a Magistrate’s Court or District Court. (4) An inspecting officer — ( a ) is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in subsection (1) or (2)( a ) or ( b ), except — (i) with the consent of the occupier; or (ii) under a warrant of a Magistrate’s Court or District Court; and ( b ) is not authorised to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court. (5) A warrant mentioned in subsection (3) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for a compliance officer to enter any premises to exercise any power mentioned in subsection (1) for any of the purposes of section 29(1). (6) A warrant mentioned in subsection (4) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for an inspecting officer to enter any premises to exercise any power mentioned in subsection (1) or (2)( a ) or ( b ) or seize any thing (as the case may be) for any of the purposes of section 29(1). (7) The power under subsection (1)( e ) to operate electronic equipment in or on any premises includes the power — ( a ) to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment; ( b ) to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and ( c ) to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the premises for the exercise of the power; or (ii) is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises, and to remove the disk, tape or other storage device from those premises. (8) The power under subsection (2)( b ) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power — ( a ) to secure the thing by locking it up, placing a guard or any other means; and ( b ) to prohibit any person from dealing with the thing. (9) The power to require an individual to provide any document or information under subsection (1)( f ) includes the power — ( a ) to require that individual to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form. (10) In this section, “relevant person” means — ( a ) a person to whom a licence is or was granted; ( b ) a person who is or was a class licensee; ( c ) an individual who is or was a key appointment holder of a person mentioned in paragraph ( a ) or ( b ); ( d ) an individual who is or was deployed as a debt collector of a person mentioned in paragraph ( a ) or ( b ); ( e ) an individual who is or was employed in any capacity (other than as a debt collector) by a person mentioned in paragraph ( a ) or ( b ); or ( f ) a person whom an inspecting officer or a compliance officer suspects on reasonable grounds has committed an offence under this Act.


