# legal_provisions

document_id: csa-1979
provision_ref: s83
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 83
title: Dissolution of societies
content:
83. —(1) If the Registrar, after holding an inquiry under section 79 or after making an examination under section 80 or on receipt of an application made by 75% of the members of a society present and voting at an extraordinary general meeting convened for the purpose, is of the opinion that the society ought to be wound up, the Registrar may issue an order directing it to be wound up. (2) The Registrar may, on the Registrar’s own initiative, issue an order directing a society to be wound up, if the Registrar is satisfied that — ( a ) the society has ceased working; ( b ) the membership of the society is reduced — (i) in the case of a primary society, to less than 5 persons (each of whom qualifies for membership under section 39); or (ii) in the case of a secondary society, to less than 2 persons, each being a society, a trade union or a platform work association; [Act 30 of 2024 wef 01/11/2024] ( c ) the society has breached any of its terms and conditions of registration mentioned in section 9(4)( a ) or varied or added under section 9A; ( d ) the society has contravened section 16A(1) or 16B(1); ( e ) the society has (whether before, on or after 10 April 2018) failed, for 2 or more consecutive years, to comply with section 34(1); ( f ) the society has failed, for 2 or more consecutive years, to comply with section 53(1); ( g ) the by‑laws of the society are insufficient, or are no longer sufficient, to provide for the proper administration and management of the society; ( h ) the society is or has been used for an unlawful purpose or for purposes prejudicial to public peace, welfare or good order in Singapore; ( i ) it would be contrary to the national security or interest for the society to continue to be registered; ( j ) the society — (i) is unable to meet its obligations, is insolvent, or suspends payments to its members or creditors; or (ii) informs the Registrar that it is or is likely to become insolvent, or to be unable to meet its obligations, or that it has suspended or is about to suspend payments to its members or creditors; ( k ) the society does not have any officer who is capable of doing both of the following: (i) directing and managing the affairs of the society; (ii) keeping the records and accounts of the society; or ( l ) it is not in the interests of the members of the society for the society to continue its operations. [3/2018] (3) No society may be wound up except by an order of the Registrar. (4) A member of a society may, within 2 months after the date of a winding up order under subsection (1) or (2), appeal in writing against the order to the Minister and the decision of the Minister is final. [3/2018] (5) When making a winding up order under subsection (1) or (2), the Registrar may appoint a liquidator for this purpose and fix the liquidator’s remuneration. (6) A liquidator must not wind up a society until any appeal instituted under subsection (4) has been determined or until 2 months after the date of the winding up order, as the case may be. [3/2018]


document_id: csa-1979
provision_ref: s84
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 84
title: Powers of liquidator
content:
84. —(1) Subject to any order made by the Registrar under section 85, a liquidator appointed by the Registrar has power to — ( a ) take immediate possession of all assets belonging to the society and of all books, records and other documents pertaining to the business thereof; ( b ) carry on the business of the society so far as may be necessary for winding up beneficially, except that the liquidator is not for this purpose entitled to issue any loan; ( c ) fix by notice in the Gazette a day before which creditors must state their claims for admission or be excluded from any distribution made before they have proved them; ( d ) refer a dispute to arbitration and institute and defend suits and other legal proceedings on behalf of the society by the liquidator’s name or office; ( e ) give such directions in regard to the collection and realisation of assets as may be necessary in the course of winding up the society; ( f ) investigate all claims against the society and, subject to the provisions of this Act, decide by order questions of priority arising between claimants; ( g ) pay claims against the society (including interest payable up to the date of the winding up order) according to the respective priorities (if any) in full or to such extent as the assets of the society permit; ( h ) compromise any claim by or against the society, provided that the Registrar’s approval has first been obtained; ( i ) call such meetings of members as may be necessary for the proper conduct of the liquidation, giving at least 15 clear days’ notice of every such meeting; ( j ) decide by order subject to any by-law limiting the liability of members and subject to sections 46 and 47 the contributions to be made by members, past members or by the estates of deceased members of the society to its assets; ( k ) arrange for the distribution of the assets of the society in a convenient manner when a scheme of distribution has been approved by the Registrar; and ( l ) order by what persons and in what proportions the costs of the liquidation are to be borne. (2) Any person aggrieved by any order of the liquidator made under subsection (1)( f ), ( j ) or ( l ) may appeal in writing to the Registrar within 30 days after the date of the order. [3/2018] (3) A person aggrieved by a decision of the Registrar under subsection (2) may appeal in writing to the Minister within 30 days after the decision and the decision of the Minister is final and conclusive. [3/2018] (4) A liquidator must deposit the funds and other assets of a dissolved society which are collected by the liquidator or which come into the liquidator’s possession as liquidator in such manner and in such place as may from time to time be determined by the Registrar. (5) A liquidator must, once in every 3 months, submit to the Registrar a report stating the progress made in winding up the affairs of the society, and must, on completion of the liquidation proceedings, submit a final report and hand over to the Registrar all books, registers and accounts relating to the proceedings kept by the liquidator. (6) A liquidator appointed under this Act, insofar as such powers are necessary for carrying out the purposes of this section, has power to summon and enforce the attendance of parties and witnesses and to compel the production of documents by the means and, so far as may be, in the same manner as is provided in the case of a District Court.


document_id: csa-1979
provision_ref: s85
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 85
title: Powers of Registrar to control liquidation
content:
85. A liquidator must exercise the liquidator’s powers subject to the control and supervision of the Registrar, who may — ( a ) rescind or vary an order made by a liquidator and make whatever new order is required; ( b ) remove a liquidator from office or take such other action as the Registrar may think fit; ( c ) call for all books, documents and assets of the society; ( d ) by written order limit the powers of a liquidator under section 84; ( e ) require accounts to be rendered to the Registrar by the liquidator; ( f ) procure the auditing of the liquidator’s accounts and authorise the distribution of the assets of the society; ( g ) make an order for the remuneration of the liquidator, which remuneration must be included in the costs of liquidation and is payable out of the assets in priority to all other claims; and ( h ) refer any subject of dispute between a liquidator and a third party to arbitration if that party has consented in writing to be bound by the decision of the arbitrator.


document_id: csa-1979
provision_ref: s86
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 86
title: Enforcement of order
content:
86. —(1) The award of an arbitrator on a matter referred to the arbitrator under section 85 is binding upon the parties and is enforceable in like manner as an order made by the Registrar under that section. (2) An order made by a liquidator or by the Registrar under section 84 or 85 is to be enforced by any District Court in like manner as a decree of that Court.


document_id: csa-1979
provision_ref: s87
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 87
title: Limitation of jurisdiction of civil court
content:
87. Subject to this Act, no civil court has any jurisdiction in respect of a matter concerned with the dissolution of a society under this Act, and an appeal cannot be made to a civil court against an order of the liquidator. [3/2018]


document_id: csa-1979
provision_ref: s88
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 88
title: Disposal of assets on liquidation
content:
88. Upon winding up of a society, the assets must be applied first to the costs of liquidation, then to the discharge of the liabilities of the society, then to the payment of the share capital or subscription capital, and then, provided that the by‑laws permit, to the payment of a dividend or patronage refund at a rate not exceeding that laid down in the Rules or in the by‑laws for any period during which no dividend or patronage refund was in fact paid.


document_id: csa-1979
provision_ref: s89
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 89
title: Cancellation of registration
content:
89. —(1) When the affairs of a society, in respect of which a liquidator has been appointed, have been wound up or, where no liquidator has been appointed, either 2 months after the making of a winding up order under section 83 by the Registrar or after confirmation of the order on appeal, the Registrar must make an order cancelling the registration of the society and the society is dissolved and ceases to exist as a body corporate starting on the date of the order. [3/2018] (2) The claim of a creditor or a member of the society who has not received what is due to the creditor or the member of the society (as the case may be) under the approved scheme of distribution is proscribed 2 years after the date of cancellation of registration, and a notice of closure of liquidation and cancellation of registration must be published in the Gazette . [3/2018] (3) Any moneys remaining after the application of the funds to the purposes specified in section 88 and any sums unclaimed after 2 years under subsection (2) must not be divided among the members, except in the case of the liquidation of a secondary society or a co-operative apex organisation, but must be carried to the Co-operative Societies Liquidation Account kept by the Registrar. (4) Despite subsection (3) — ( a ) where the members of a society have approved at a general meeting prior to the winding up of the society that all or any part of the remaining moneys of the society and unclaimed sums (if any) mentioned in that subsection (collectively called the relevant surplus) be applied to one or more charitable purposes or donated to one or more charities; and ( b ) the Registrar has approved that the whole or part of the relevant surplus be applied to all or any of those charitable purposes or donated to all or any of those charities, as the case may be, the whole or part of the relevant surplus approved by the Registrar is not to be transferred to the Co‑operative Societies Liquidation Account, but must be applied or donated in accordance with the Registrar’s approval. [3/2018] (5) Any moneys or sums transferred to the Co‑operative Societies Liquidation Account may be utilised for all or any of the following purposes as the Minister may from time to time direct: ( a ) for transfer to the Central Co‑operative Fund; ( b ) for the costs of engaging a statutory manager or statutory adviser appointed under section 94(1) or 94A(1), including (but not limited to) the remuneration or fee of the statutory manager or statutory adviser, and any disbursements reasonably incurred in the performance of the duties of the statutory manager or statutory adviser; ( c ) for the resolution of financial instability in, or an imminent serious threat to the financial stability of, a credit society or a class of credit societies; ( d ) for the costs of and in relation to the liquidation of a society in a particular case; ( e ) generally for the furtherance of co‑operative principles in such manner as the Minister may determine. [3/2018] (6) The interest accruing in respect of any sum carried to the Co‑operative Societies Liquidation Account in accordance with subsection (3) may be applied for such of the purposes specified in subsection (5) as the Minister may from time to time direct. (7) In this section — “charitable purpose” means a purpose which is exclusively charitable according to the law of Singapore; “charity” means a charity as defined in section 2(1) of the Charities Act 1994, whether or not registered under that Act. [3/2018]


document_id: csa-1979
provision_ref: s90
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 90
title: Surcharge and attachment
content:
90. —(1) The Registrar may, on the Registrar’s own motion, or on the application of the liquidator, or any creditor or member, of a society — ( a ) examine the conduct of a person who — (i) has taken part in the organisation and management of the society, or is a past or present officer of the society; and (ii) appears, from the course of any relevant proceeding — (A) to have misapplied, retained or become liable or accountable for any money or property of the society; or (B) to be guilty of misfeasance or breach of trust in relation to the society; and ( b ) make an order requiring that person — (i) to repay or restore the whole or any part of the money or property, with interest at such rate as the Registrar thinks just; or (ii) to contribute such sum to the assets of the society by way of compensation for any matter mentioned in paragraph ( a )(ii)(A) or (B). [3/2018] (2) An order of the Registrar made under subsection (1) is enforceable in the same manner as a judgment of a District Court. [3/2018] (3) This section applies even if the act is one for which the offender may be criminally responsible. (4) Where the Registrar is satisfied that a person with intent to delay the execution or enforcement of any order or award which may be made against the person under subsection (1) and section 85 — ( a ) is about to dispose of the whole or any part of the person’s property; or ( b ) is about to remove the whole or any part of the person’s property out of Singapore, the Registrar may, unless adequate security is furnished, direct the interim attachment of that property or such part thereof as the Registrar thinks necessary and the attachment has the same effect as if it has been made by a District Court. [Act 25 of 2021 wef 01/04/2022] (5) A person aggrieved by an order of the Registrar made under subsection (1) or (4) may appeal to the Minister within 2 months after the date of the order and the decision of the Minister is final and conclusive. [3/2018] (6) In this section, “relevant proceeding” means — ( a ) an audit of a society held under this Act (including a special audit under section 33A); ( b ) an inquiry held under section 79; ( c ) an examination of materials under section 80; or ( d ) the winding up of a society. [3/2018]


document_id: csa-1979
provision_ref: s91
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 91
title: Settlement of disputes
content:
91. —(1) If a dispute arises concerning requirements of this Act relating to the constitution, election of officers or conduct of general meetings — ( a ) among members, past members and persons claiming through members, past members and deceased members; ( b ) between a member, past member or deceased member, and the society, its committee of management or any officer of the society; ( c ) between the society or its committee of management and any officer of the society; or ( d ) between the society and any other society, the dispute may be referred to the Registrar for decision in accordance with subsection (2). (2) The Registrar must, on receipt of a reference under subsection (1), have regard to the nature and complexity of the dispute, and decide whether — ( a ) to settle the dispute himself or herself; or ( b ) to recommend to the parties to the dispute to refer it to arbitration in the same manner and subject to the same terms that an aggrieved party under subsection (3) may refer a dispute to arbitration. (3) Where the Registrar decides to settle the dispute himself or herself and gives a decision thereon which aggrieves a party to the dispute, that party may, within 30 days after the date of the Registrar’s decision, refer the dispute to arbitration by a referee appointed by the Chief Justice, who must not be an official of any Government department. [3/2018] (4) The relevant provisions of the Arbitration Act 2001 apply to any dispute referred to arbitration under subsection (2) or (3). (5) Where a dispute has not been referred to arbitration pursuant to subsection (3), the decision of the Registrar that settles the dispute under subsection (2)( a ) may, on the application of the party in whose favour it is given, be enforced by any court which would have jurisdiction in civil suits between the parties to the dispute in the same manner as if the decision had been the decision of a District Court.


document_id: csa-1979
provision_ref: s92
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 92
title: Case stated on question of law
content:
92. —(1) Despite anything in section 91, the Registrar at any time when proceeding to a decision under this Act, or the Minister at any time when an appeal has been referred to the Minister against a decision of the Registrar under this Act, may refer any question of law arising out of the decision for the opinion of the General Division of the High Court. [40/2019] (2) Such Judge or Judges sitting in the General Division of the High Court, as the Chief Justice may direct, may consider and determine any question of law so referred, and the opinion given on that question is final and conclusive. [40/2019]


document_id: csa-1979
provision_ref: s93
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 93
title: Miscellaneous powers of Registrar
content:
93. —(1) The Registrar has power to — ( a ) attend, personally or by the Registrar’s representative, general meetings and committee meetings of a society and require by written directions every society to send to the Registrar, at the proper time, notice and agenda of every meeting, and all minutes and communications in respect thereof; ( b ) convene extraordinary general meetings in accordance with the provisions of this Act; ( c ) rescind any resolution or action of an officer or a committee of management or of a general meeting of a society which, in the Registrar’s opinion, is outside the objects of the society as defined in the by-laws; ( d ) require, by written directions, a credit society to — (i) make provision for bad or doubtful debts or any other matter; (ii) secure repayment of any loan; (iii) cease to receive any deposit from, or grant any loan to, any person or class of persons or impose such restrictions on the receipt of any deposit or the grant of any loan as the Registrar thinks fit; (iv) cease to carry on any partnership, joint venture or other arrangement with any person; or (v) otherwise reduce or cease any exposure to any person or class of persons, or impose such restrictions on any exposure to any person or class of persons as the Registrar thinks fit; and ( e ) prohibit or restrict, by written directions, the granting of loans on a mortgage or charge of immovable property by any credit society or class of credit societies. (2) The Registrar may from time to time issue written directions, either of a general or specific nature, to any society, any class of societies or all societies to comply with such requirements as the Registrar may specify in the written directions. (3) Without limiting subsection (2), written directions may be issued — ( a ) with respect to the standards to be maintained by a society in the conduct of its affairs; ( b ) with respect to the provision of any service by a credit society, including the establishment of any branch of the credit society and facilities for the provision of such service; ( c ) with respect to the investment policies and procedures to be maintained by a society; ( d ) with respect to the prudential requirements to be met by a credit society; ( e ) to require a society to engage, for the purposes of preparing the books and accounts of the society in one or more financial years, a person who is chosen by the society and is approved by the Registrar in writing; or ( f ) for any purpose specified in this Act or the rules made under this Act. [3/2018] (4) The Registrar may at any time vary, rescind or revoke any written direction issued under subsection (2). (5) To avoid doubt, any written direction issued under subsection (2) is deemed not to be subsidiary legislation.


document_id: csa-1979
provision_ref: s93A
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 93A
title:
Conversion of credit society to non-credit society, etc., on failure to comply with prudential requirements

content:
93A. —(1) If, in 2 or more consecutive financial years, a credit society fails to comply with any prudential requirement contained in a written direction issued under section 93(2) within the time specified in that direction, the Registrar may — ( a ) by a subsequent written direction issued under section 93(2), order the society to stop receiving any new deposits after the expiry of a period specified in that subsequent written direction; and ( b ) cancel the registration of the society as a credit society. [3/2018] (2) Where the registration of a society as a credit society is cancelled under subsection (1) — ( a ) the society becomes a non‑credit society; and ( b ) the Registrar must notify the society in writing that its registration as a credit society is cancelled, starting on a date specified in the notice. [3/2018] (3) A society that becomes a non‑credit society under this section — ( a ) must stop doing any of the following things, starting on such date as the Registrar may determine (being a date that may be different from the date mentioned in subsection (2)( b )): (i) make any new loan to any person; (ii) allow any new credit to any person; (iii) receive any new deposit from any person; and ( b ) must return, to every person from whom the society had received a deposit in accordance with section 68(2) while the society was a credit society, the deposit made by the person (including any interest accrued on the deposit) within 12 months after the date on which the registration of the society as a credit society is cancelled, or such shorter or longer period as the Registrar may determine in any particular case. [3/2018] (4) A society that becomes a non‑credit society may continue to receive repayments of existing loans made and credit allowed in accordance with section 67 while the society was a credit society. [3/2018] (5) A society that is aggrieved by any decision of the Registrar under subsection (1) may, within 2 months after the date of the Registrar’s decision, appeal in writing to the Minister, whose decision is final. [3/2018] (6) Any society that contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for each day or part of a day during which the offence continues after conviction. [3/2018]


document_id: csa-1979
provision_ref: s93B
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 93B
title: Codes, guidelines, etc., by Registrar
content:
93B. —(1) The Registrar may from time to time issue, and publish in such form and manner as the Registrar considers appropriate, such circulars, codes, guidelines and practice notes as the Registrar deems fit for providing guidance — ( a ) in furtherance of the regulatory objectives of this Act; ( b ) in relation to any matter relating to any of the functions or powers of the Registrar under this Act; or ( c ) in relation to the operation of any provision of this Act or the rules made under this Act. (2) The Registrar may, at any time, amend or revoke the whole or any part of any circular, code, guideline or practice note issued under this section. (3) Where amendments are made under subsection (2) — ( a ) the other provisions of this section apply, with the necessary modifications, to such amendments as they apply to the circular, code, guideline or practice note; and ( b ) any reference in this Act, the rules made under this Act or any other written law to the circular, code, guideline or practice note, however expressed, is, unless the context otherwise requires, a reference to the circular, code, guideline or practice note as so amended. (4) Failure by any person to comply with any circular, code, guideline or practice note issued under this section that applies to the person does not of itself render that person liable to criminal proceedings, but any such failure may, in any proceedings, whether civil or criminal, be relied upon by any party to the proceedings as tending to establish or negate any liability which is in question in the proceedings. (5) To avoid doubt, any circular, code, guideline or practice note issued under this section is deemed not to be subsidiary legislation.


document_id: csa-1979
provision_ref: s94
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 94
title: Powers of Registrar where committee of management of society not performing duties properly, etc.
content:
94. —(1) If the Registrar is satisfied, after due inquiry by a person appointed by the Registrar or for any other reason, that the committee of management of a society, or any member of that committee, is not performing the duties of that committee or member (as the case may be) properly at any time on or after 10 April 2018, or that there has been any misconduct or mismanagement in the administration of a society at any time on or after that date, the Registrar may by order do one or more of the following: ( a ) suspend all or any of the activities of the society, for such period as the Registrar may specify; ( b ) in any case where the Registrar is satisfied that the committee of management of the society is not performing its duties properly, or that there has been misconduct or mismanagement in the administration of the society — (i) remove the committee of management of the society; and (ii) order that the affairs and property of the society be managed and administered by a committee of at least 3 individuals, all of whom are appointed by the Registrar, on such terms and conditions and for such period as the Registrar may specify; ( c ) in any case where the Registrar is satisfied that the committee of management of the society is not performing its duties properly, or that there has been misconduct or mismanagement in the administration of the society — (i) remove the committee of management of the society; and (ii) appoint one or more individuals as statutory manager, on such terms and conditions and for such period as the Registrar may specify, to manage and administer the affairs and property of the society; ( d ) remove one or more members of the committee of management of the society; ( e ) appoint one or more individuals as statutory adviser, on such terms and conditions and for such period as the Registrar may specify, to advise the society on the proper management of such of its affairs and property as the Registrar may determine; ( f ) appoint such number of additional individuals to the committee of management of the society as the Registrar considers necessary for the proper management of the society, on such terms and conditions and for such period as the Registrar may specify; ( g ) suspend, for a period not exceeding 24 months, any member of the committee of management of the society. [3/2018] [Act 5 of 2025 wef 09/03/2025] (1A) An order under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) Where subsection (1) applies, the Registrar may, in addition to the powers under that subsection, order the society to take such action (including refraining from doing any act) within such period as may be specified in the order, being action which the Registrar considers necessary or desirable — ( a ) to ensure the proper performance of duties by the committee of management or by each member of that committee who has failed to perform that member’s duties properly, as the case may be; or ( b ) to remedy the misconduct or mismanagement in the administration of the society. [3/2018] (3) The Registrar must, before exercising any power under subsection (1) or (2) — ( a ) give to the committee of management of the society or the affected member of the committee (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and ( b ) consider the representations (if any) of the committee of management or that member, as the case may be. [3/2018] (4) The allowances of an individual appointed to a committee of management under subsection (1), and the remuneration or fee of a statutory manager or statutory adviser appointed under that subsection, are to be paid out of the society’s funds or borne by such person (including, in the case of the remuneration or fee of a statutory manager or statutory adviser, the Co‑operative Societies Liquidation Account) as the Registrar determines. [3/2018] (5) Subject to the general direction and control of the Registrar, a committee appointed under subsection (1)( b ) or statutory manager appointed under subsection (1)( c ) for a society has all the duties and powers of the committee of management of the society. [3/2018] (6) The committee appointed under subsection (1)( b ), and every statutory manager appointed under subsection (1)( c ), must arrange, before the date on which the appointment ends, for the election of a new committee of management in accordance with the by‑laws of the society. [3/2018] (7) Where the Registrar appoints 2 or more individuals as statutory manager of a society, the Registrar must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager — ( a ) may be discharged or exercised jointly and severally; ( b ) must be discharged or exercised jointly; and ( c ) must be discharged or exercised by one or more specified individuals. [3/2018] (8) Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint a statutory manager, a statutory adviser or any other individual, the Registrar may, by order, do one or more of the following: ( a ) vary or revoke that appointment, on such terms and conditions as the Registrar may specify; ( b ) further exercise the Registrar’s power under subsection (1) to appoint another statutory manager, statutory adviser or individual; ( c ) add to, vary or revoke any term or condition specified by the Registrar for that appointment. [3/2018] [Act 5 of 2025 wef 09/03/2025] (8A) An order under subsection (8) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (9) The Registrar must, before exercising any power under subsection (8) — ( a ) give the affected statutory manager, statutory adviser or individual (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and ( b ) consider the representations (if any) of that statutory manager, statutory adviser or individual, as the case may be. [3/2018] (10) However, subsections (3) and (9) do not apply if the Registrar considers, in the circumstances of a particular case, that it is necessary to immediately exercise a power under subsection (1) or (2) and a power under subsection (8), respectively, in order to protect the interests of the members, or to protect the property, of the society. [3/2018] (11) Where pursuant to subsection (10) the Registrar immediately exercises a power under subsection (1), (2) or (8), the committee of management of the society or the affected person (as the case may be) may, within one month after the Registrar makes the order under subsection (1), (2) or (8), apply to the Registrar to review that order. [3/2018] (12) The Registrar may, on reviewing an order under subsection (11) — ( a ) confirm the order; ( b ) vary the order; or ( c ) rescind the order. [3/2018] (13) A person aggrieved by any order of the Registrar made under subsection (1), (2) or (8), or by any variation of that order under subsection (12), may appeal in writing to the Minister — ( a ) in the case of an order made under subsection (1) after the Registrar complied with subsection (3) — within 2 months after the date of publication of that order in the Gazette ; ( b ) in the case of an order made under subsection (2) after the Registrar complied with subsection (3) — within 2 months after the date of that order; ( c ) in the case of an order made under subsection (8) after the Registrar complied with subsection (9) — within 2 months after the date of publication of that order in the Gazette ; or ( d ) in the case of an order made under subsection (1), (2) or (8) when, pursuant to subsection (10), the Registrar immediately exercised the power under subsection (1), (2) or (8) (as the case may be), or in the case of any variation of that order under subsection (12) — within 2 months after the date on which that order is confirmed or varied (as the case may be) under subsection (12). [3/2018] (14) The decision of the Minister on an appeal under subsection (13) is final. [3/2018] (15) Unless the Registrar directs otherwise in any particular case — ( a ) a review under subsection (11) of the Registrar’s order does not affect the operation or implementation of the order; and ( b ) the order must be complied with until it is rescinded by the Registrar. [3/2018] (16) Unless the Minister directs otherwise in any particular case — ( a ) an appeal under subsection (13) against the Registrar’s order does not affect the operation or implementation of the order; and ( b ) the order must be complied with until it is set aside by the Minister. [3/2018] (17) No liability shall lie personally against any statutory manager, statutory adviser or individual appointed under subsection (1) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [3/2018]


document_id: csa-1979
provision_ref: s94A
chapter: PART 8 - DUTIES AND POWERS OF REGISTRAR
section: 94A
title: Powers of Registrar to protect interests of members or property of society
content:
94A. —(1) If the Registrar is satisfied, after due inquiry by a person appointed by the Registrar or for any other reason, that it is necessary or desirable to protect the interests of the members, or to protect the property, of a society, the Registrar may by order do one or more of the following: ( a ) suspend all or any of the activities of the society, for such period as the Registrar may specify; ( b ) remove the committee of management of the society, and appoint one or more individuals as statutory manager, on such terms and conditions and for such period as the Registrar may specify, to manage and administer the affairs and property of the society; ( c ) appoint one or more individuals as statutory adviser, on such terms and conditions and for such period as the Registrar may specify, to advise the society on the proper management of such of its affairs and property as the Registrar may determine; ( d ) appoint such number of additional individuals to the committee of management of the society as the Registrar considers necessary for the proper administration of the society, on such terms and conditions and for such period as the Registrar may specify; ( e ) suspend, for a period not exceeding 24 months, any officer or employee of the society, and provide for arrangements during the period of suspension of that officer or employee (such as for the execution of any instrument, or the carrying out of any act, on behalf of that officer or employee); ( f ) prohibit the society from parting with the property without the Registrar’s approval. [3/2018] [Act 5 of 2025 wef 09/03/2025] (1A) An order under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) Where subsection (1) applies, the Registrar may, in addition to the powers under that subsection, order the society to take such action (including refraining from doing any act) within such period as may be specified in the order, being action which the Registrar considers necessary or desirable to protect the interests of the members, or to protect the property, of the society. [3/2018] (3) The Registrar must, before exercising any power under subsection (1) or (2) — ( a ) give to the committee of management of the society or the affected officer or employee (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and ( b ) consider the objections (if any) of the committee of management or that officer or employee, as the case may be. [3/2018] (4) The allowances of an individual appointed to a committee of management under subsection (1), and the remuneration or fee of a statutory manager or statutory adviser appointed under that subsection, are to be paid out of the society’s funds or borne by such person (including, in the case of the remuneration or fee of a statutory manager or statutory adviser, the Co‑operative Societies Liquidation Account) as the Registrar determines. [3/2018] (5) Subject to the general direction and control of the Registrar, a statutory manager appointed under subsection (1)( b ) for a society has all the duties and powers of the committee of management of the society. [3/2018] (6) Every statutory manager appointed under subsection (1)( b ) must arrange, before the date on which the appointment ends, for the election of a new committee of management in accordance with the by‑laws of the society. [3/2018] (7) Where the Registrar appoints 2 or more individuals as statutory manager of a society, the Registrar must specify, in the terms and conditions of the appointment, which of the duties, functions and powers of the statutory manager — ( a ) may be discharged or exercised jointly and severally; ( b ) must be discharged or exercised jointly; and ( c ) must be discharged or exercised by one or more specified individuals. [3/2018] (8) Where the Registrar has exercised the Registrar’s power under subsection (1) to appoint a statutory manager, a statutory adviser or any other individual, the Registrar may, by order, do one or more of the following: ( a ) vary or revoke that appointment, on such terms and conditions as the Registrar may specify; ( b ) further exercise the Registrar’s power under subsection (1) to appoint another statutory manager, statutory adviser or individual; ( c ) add to, vary or revoke any term or condition specified by the Registrar for that appointment. [3/2018] [Act 5 of 2025 wef 09/03/2025] (8A) An order under subsection (8) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (9) The Registrar must, before exercising any power under subsection (8) — ( a ) give the affected statutory manager, statutory adviser or individual (as the case may be) a reasonable opportunity to show cause why the Registrar should not exercise that power; and ( b ) consider the representations (if any) of that statutory manager, statutory adviser or individual, as the case may be. [3/2018] (10) However, subsections (3) and (9) do not apply if the Registrar considers, in the circumstances of a particular case, that it is necessary to immediately exercise a power under subsection (1) or (2) and a power under subsection (8), respectively, in order to protect the interests of the members, or to protect the property, of the society. [3/2018] (11) Where pursuant to subsection (10) the Registrar immediately exercises a power under subsection (1), (2) or (8), the committee of management of the society or the affected person (as the case may be) may, within one month after the Registrar makes an order under subsection (1), (2) or (8), apply to the Registrar to review that order. [3/2018] (12) The Registrar may, on reviewing an order under subsection (11) — ( a ) confirm the order; ( b ) vary the order; or ( c ) rescind the order. [3/2018] (13) A person aggrieved by any order of the Registrar made under subsection (1), (2) or (8), or by any variation of that order under subsection (12), may appeal in writing to the Minister — ( a ) in the case of an order made under subsection (1) after the Registrar complied with subsection (3) — within 2 months after the date of publication of that order in the Gazette ; ( b ) in the case of an order made under subsection (2) after the Registrar complied with subsection (3) — within 2 months after the date of that order; ( c ) in the case of an order made under subsection (8) after the Registrar complied with subsection (9) — within 2 months after the date of publication of that order in the Gazette ; or ( d ) in the case of an order made under subsection (1), (2) or (8) when, pursuant to subsection (10), the Registrar immediately exercised the power under subsection (1), (2) or (8) (as the case may be), or in the case of any variation of that order under subsection (12) — within 2 months after the date on which that order is confirmed or varied (as the case may be) under subsection (12). [3/2018] (14) The decision of the Minister on an appeal under subsection (13) is final. [3/2018] (15) Unless the Registrar directs otherwise in any particular case — ( a ) a review under subsection (11) of the Registrar’s order does not affect the operation or implementation of the order; and ( b ) the order must be complied with until it is rescinded by the Registrar. [3/2018] (16) Unless the Minister directs otherwise in any particular case — ( a ) an appeal under subsection (13) against the Registrar’s order does not affect the operation or implementation of the order; and ( b ) the order must be complied with until it is set aside by the Minister. [3/2018] (17) No liability shall lie personally against any statutory manager, statutory adviser or individual appointed under subsection (1) who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act. [3/2018]


document_id: csa-1979
provision_ref: s95
chapter: PART 9 - MISCELLANEOUS
section: 95
title: Power of Minister to make rules
content:
95. —(1) The Minister may make rules for the purpose of carrying out and giving effect to the provisions of this Act. (2) Without limiting subsection (1), such rules may be made for or with respect to — ( a ) any form to be used for any purpose under this Act; ( b ) the books, accounts and other documents to be kept by societies, including the preparation and submission of documents or information in compliance with governance requirements or best practices, and the disclosure of the level of such compliance by societies to the Registrar or an apex organisation; ( c ) the preparation, submission or audit of financial statements of societies, including the procedure for applying for relief from compliance with any requirement of the accounting standards or requirements referred to in section 34(7); ( d ) the conduct of a special audit of a society; ( e ) the administration and use of the Central Co‑operative Fund and the Co‑operative Societies Liquidation Account; ( f ) the making and collection of contributions to the Central Co‑operative Fund and the Singapore Labour Foundation, including the payment of any shortfall in contributions paid, the imposition of a prescribed penalty for late payment of contributions, the waiver, refund or remission (whether wholly or in part) of any penalty, and the appointment of agents to collect contributions and late payment penalties; ( g ) the maximum rate of dividend on share capital or subscription capital which may be paid by a society; ( h ) the governance of societies, and the appointment and removal of officers of societies; ( i ) any officer of a society who may be required to undergo such training, or comply with such other requirements, as the Registrar may specify, and any matter relating to such training or such other requirements; ( j ) other documents and information to be submitted by societies to the Registrar or an apex organisation; ( k ) the fees to be paid in respect of any document required to be submitted to, registered with or issued by the Registrar under this Act, for the inspection of any such document or for any other matter or thing required for the purposes of this Act, and the refund or remission, whether wholly or in part, of such fees; ( l ) the management of credit societies, the restrictions on advertising, and the regulation or control of activities and affairs of credit societies; and ( m ) any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. [3/2018] (3) The rules made under subsection (1) — ( a ) may be of general or specific application; ( b ) may provide that a contravention of any specified provision thereof shall be an offence; and ( c ) may provide for penalties not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $500 for every day or part of a day during which the offence continues after conviction.


document_id: csa-1979
provision_ref: s95A
chapter: PART 9 - MISCELLANEOUS
section: 95A
title: Foreign co-operative societies
content:
95A. —(1) The Minister may make rules for or with respect to the registration or regulation of co-operative societies which are registered, incorporated or formed outside Singapore, or a class thereof, and which carry on business in Singapore. (2) Without limiting subsection (1), the Minister may, in making rules under subsection (1) in respect of co-operative societies which are registered, incorporated or formed outside Singapore, or a class thereof — ( a ) specify the circumstances under which such co-operative societies or any class thereof is or is not regarded as carrying on business in Singapore; and ( b ) specify the provisions of this Act that apply to the co‑operative societies and the modifications subject to which they apply. (3) The rules made under subsection (1) — ( a ) may provide that a contravention of any specified provision thereof shall be an offence; and ( b ) may provide for penalties not exceeding a fine of $10,000 for each offence and, in the case of a continuing offence, a further penalty not exceeding a fine of $500 for every day or part of a day during which the offence continues after conviction.


document_id: csa-1979
provision_ref: s96
chapter: PART 9 - MISCELLANEOUS
section: 96
title: Special power of Minister to grant exemption from requirements as to registration
content:
96. Despite anything in this Act, the Minister may, by special order in the Gazette in each case and subject to such conditions (if any) as the Minister may impose, exempt a proposed society from any of the requirements of this Act as to registration. [3/2018]


document_id: csa-1979
provision_ref: s97
chapter: PART 9 - MISCELLANEOUS
section: 97
title: Special power of Minister to exempt societies from provisions of this Act
content:
97. The Minister may, by general or special order in the Gazette and subject to such conditions (if any) as the Minister may impose, exempt a society or class of societies from any of the provisions of this Act or the Rules, or may direct that those provisions apply to a society or class of societies, starting on such date or with such modifications as may be specified in the order. [3/2018]


document_id: csa-1979
provision_ref: s97A
chapter: PART 9 - MISCELLANEOUS
section: 97A
title: General exemption
content:
97A. Despite anything in this Act, the Minister may, by order in the Gazette and subject to such conditions (if any) as the Minister may impose, exempt any person or class of persons from any of the provisions of this Act or the Rules. [3/2018]


document_id: csa-1979
provision_ref: s97B
chapter: PART 9 - MISCELLANEOUS
section: 97B
title: Amendment of Schedule
content:
97B. —(1) The Minister may at any time, by order in the Gazette , amend the Schedule. (2) The Minister may, in any order made under subsection (1), make such saving, transitional, incidental, consequential or supplementary provisions as may be necessary or expedient. [3/2018]


document_id: csa-1979
provision_ref: s97C
chapter: PART 9 - MISCELLANEOUS
section: 97C
title: Power to freeze bank accounts
content:
97C. —(1) Where the Minister is satisfied that it is necessary to prevent the loss or misuse of the funds of a society, the Minister may, by order, direct a financial institution not to do either of the following for a specified period not exceeding 3 months: ( a ) pay any money out of the account of the society; ( b ) pay any cheque drawn on the account of the society. [3/2018] (2) A financial institution that complies with an order of the Minister under subsection (1) is not liable to any other person in respect of a payment prohibited by the order. [3/2018] (3) Any financial institution that contravenes an order of the Minister under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. [3/2018] (4) In this section, “financial institution” means — ( a ) a bank licensed under the Banking Act 1970; ( b ) a finance company licensed under the Finance Companies Act 1967; or ( c ) a society (other than the society mentioned in subsection (1)) that is a credit society. [3/2018]


document_id: csa-1979
provision_ref: s98
chapter: PART 9 - MISCELLANEOUS
section: 98
title: Recovery of sums due to Government
content:
98. —(1) All sums, due from a society or from an officer or past officer or member or past member of a society as such to the Government, may be recovered in the manner provided for the recovery of debts due to the Government under any written law for the time being in force. [3/2018] (2) Sums due from a society to the Government and recoverable under subsection (1) may be recovered first, from the property of the society and, secondly, from the members subject to the limit of their liability.


document_id: csa-1979
provision_ref: s99
chapter: PART 9 - MISCELLANEOUS
section: 99
title: Prohibition on use of word “co-operative”
content:
99. —(1) No person other than a society may trade or carry on business under a name or title of which the word “Co‑operative” or its equivalent in another language is part, without the Registrar’s consent, except that nothing in this section applies to the use by any person or the person’s successor in interest of a name or title under which the person traded or carried on business at 1 January 1980. (2) Every person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: csa-1979
provision_ref: s100
chapter: PART 9 - MISCELLANEOUS
section: 100
title: General penalty
content:
100. —(1) Subject to the provisions of this Act, it is an offence if — ( a ) a society, or any officer or member of a society, or any other person, neglects or refuses to do an act or furnish information required for the purposes of this Act by the Minister, the Registrar or a person duly authorised in that behalf by the Minister or Registrar, as the case may be; ( b ) a person makes a false return or declaration or furnishes false information under this Act; ( c ) a person (called in this paragraph the provider) provides or furnishes, or causes to be provided or furnished, to the Registrar or a person duly authorised by the Registrar, any return, declaration, document or information that the provider knows, or is reckless as to whether, is false or misleading; ( d ) a person, without reasonable excuse, disobeys any summons, requisition, written direction or written order issued under this Act or does not furnish information required from the person by a person authorised to do so under this Act; ( e ) a person acts or purports to act as a member of the committee of management of a society when not entitled to do so; ( f ) a society, or any officer or member thereof, performs any act which requires the consent or approval of the Registrar without first having obtained the consent or approval; ( g ) a society, or any officer or member thereof, neglects or refuses to do any act or thing which is required by or under this Act to be done; ( h ) a society, or any officer or member thereof, does or causes to be done any act or thing which is prohibited by this Act; or ( i ) a person, without reasonable excuse, hinders, delays or obstructs the Registrar, or a person duly authorised by the Registrar, in the exercise of the Registrar’s powers or the discharge of the Registrar’s duties under this Act, or interferes with the exercise or discharge of the Registrar’s powers or duties. [3/2018] (2) Any society which fails to comply with a term or condition of its registration, or of any approval granted by the Registrar under section 16A, shall be guilty of an offence. (3) Every society, officer, agent, employee or member of a society or other person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.


document_id: csa-1979
provision_ref: s100A
chapter: PART 9 - MISCELLANEOUS
section: 100A
title: False reports made by officer to member of committee of management, auditor or member of society
content:
100A. —(1) Any officer of a society who, with intent to deceive, makes or furnishes, or knowingly and wilfully authorises or permits the making or furnishing of, any false or misleading statement or report — ( a ) to a member of the committee of management, an auditor, or a member of the society; or ( b ) in the case of a society that is a subsidiary, to an auditor of the parent society, relating to the affairs of the society, 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. [23/2008] (2) In subsection (1), “officer” includes a person who at any time has been an officer of the society. [23/2008]


document_id: csa-1979
provision_ref: s100AA
chapter: PART 9 - MISCELLANEOUS
section: 100AA
title: Wilful falsification of book, etc., of society
content:
100AA. Any person who does any of the following 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: ( a ) wilfully make, or cause to be made, a false entry in any book, record or other document of a society; ( b ) wilfully omit, or cause to be omitted, an entry in any book, record or other document of a society; ( c ) wilfully remove, conceal or destroy an entry in any book, record or other document of a society; ( d ) wilfully make, or cause to be made, an alteration, to an entry in any book, record or other document of a society, which causes the entry to be false or misleading in a material particular. [3/2018]


document_id: csa-1979
provision_ref: s100AB
chapter: PART 9 - MISCELLANEOUS
section: 100AB
title: Unlawful alteration, suppression, etc., of documents
content:
100AB. A person shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, if the person intentionally alters, suppresses, conceals or destroys any document, information or property that the person is required, by or under this Act or the Rules, to produce or furnish to — ( a ) the Minister; ( b ) the Registrar; or ( c ) a person duly authorised by the Minister or Registrar to act on behalf of the Minister or Registrar, as the case may be. [3/2018]


document_id: csa-1979
provision_ref: s100B
chapter: PART 9 - MISCELLANEOUS
section: 100B
title: Fraudulently inducing persons to invest or deposit money with society
content:
100B. Whoever, being an officer or agent of any society, by any deceitful means or false promise and with intent to defraud, causes or procures any money to be paid to or deposited with that society or himself or herself or any other person for the use or benefit or on account of that society 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 5 years or to both.


document_id: csa-1979
provision_ref: s100BA
chapter: PART 9 - MISCELLANEOUS
section: 100BA
title: False or misleading statement or information to induce person to join society, etc.
content:
100BA. Any member or officer of a society 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, if that member or officer — ( a ) makes or disseminates any statement that is false or misleading in a material particular, with the intention of inducing another person — (i) to become a member of the society; or (ii) to enter into any contract, transaction or arrangement with the society for the benefit of the society or its members; and ( b ) at the time the statement is made or disseminated, knows that, or is reckless as to whether, the statement is false or misleading in a material particular. [3/2018]


document_id: csa-1979
provision_ref: s100C
chapter: PART 9 - MISCELLANEOUS
section: 100C
title: Fraud by officers against creditors of societies
content:
100C. —(1) Every person who, while an officer of a society — ( a ) has by deceitful or fraudulent or dishonest means or by means of any other fraud induced any person to give credit to the society; ( b ) with intent to defraud creditors of the society, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the execution of any enforcement order against, the property of the society; or [Act 25 of 2021 wef 01/04/2022] ( c ) with intent to defraud creditors of the society, has concealed or removed any part of the property of the society since or within 2 months before the date of any unsatisfied judgment or order for payment of money obtained against the society, 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 3 years or to both. (2) If, in the course of the winding up of a society or in any proceedings against a society, it appears that an officer of the society who was knowingly a party to the contracting of a debt had, at the time the debt was contracted, no reasonable or probable ground of expectation, after taking into consideration the other liabilities (if any) of the society at the time, of the society being able to pay the debt, the officer 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 3 months or to both.


document_id: csa-1979
provision_ref: s100D
chapter: PART 9 - MISCELLANEOUS
section: 100D
title: Offences by bodies corporate, etc.
content:
100D. —(1) Where an offence under this Act or the rules made under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act or the rules made thereunder committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act or the rules made thereunder committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; “partner” includes any person purporting to act as a partner. (6) 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 or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: csa-1979
provision_ref: s100E
chapter: PART 9 - MISCELLANEOUS
section: 100E
title: Jurisdiction of court
content:
100E. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act or the rules made under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: csa-1979
provision_ref: s100F
chapter: PART 9 - MISCELLANEOUS
section: 100F
title: Composition of offences
content:
100F. —(1) The Registrar may compound any offence under this Act or the rules made under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.


document_id: csa-1979
provision_ref: s101
chapter: PART 9 - MISCELLANEOUS
section: 101
title: Certain Acts not to apply
content:
101. The provisions of the Companies Act 1967, the Insolvency, Restructuring and Dissolution Act 2018 and the Societies Act 1966 do not apply to societies registered under this Act. [40/2018]


document_id: csca-2001
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Board of Directors of the College established under section 5; “Chairperson” means the Chairperson of the Board appointed under section 5(2) and includes a temporary Chairperson appointed under section 8; “Chief Executive” means the Chief Executive of the College, and includes any individual acting in that capacity; “College” means the Civil Service College established under section 3; “incorporated departments” means the departments of the Prime Minister’s Office formerly known as the Civil Service College and the Personnel Guidance Unit; “member” means a member of the Board and includes the Chairperson; “officers in the public sector” means public officers and officers and employees of any public body; “public body” means any body, board or authority established by or under any written law to perform or discharge any public function; “public sector” means the Government and any public body. [9/2003; 5/2018]


document_id: csca-2001
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 3
title: Establishment and incorporation of Civil Service College
content:
3. A body called the Civil Service College is established, which is a body corporate with perpetual succession and a common seal and is by that name capable of — ( a ) suing and being sued; ( b ) acquiring, owning, holding and developing, or disposing of property, both movable and immovable; and ( c ) doing and suffering all such other acts or things as a body corporate may lawfully do and suffer.


document_id: csca-2001
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 4
title: Common seal
content:
4. —(1) The College must have a common seal and such seal may be broken, changed, altered or made anew as the College thinks fit. (2) All deeds and other documents requiring the seal of the College must be sealed with the common seal of the College. (3) All instruments to which the common seal is affixed must be signed by — ( a ) any 2 members generally or specially authorised by the Board for the purpose; or ( b ) one member and the Chief Executive. (4) The Board may, by resolution or otherwise in writing, appoint an officer of the College or any other agent either generally or in any particular case to execute or sign on behalf of the College any agreement or other instrument not under seal in relation to any matter coming within the powers of the College. (5) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the College affixed to any document and presume that it was duly affixed.


document_id: csca-2001
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 5
title: Board of Directors
content:
5. —(1) There is to be a Board of Directors of the College which is the executive body of the College and may exercise all the powers conferred on the College under this Act. [9/2003] (2) The Board consists of — ( a ) a Chairperson; and ( b ) not less than 5 but not more than 15 other members, all of whom must be appointed by the Minister. (3) The Minister may appoint the Chief Executive to be a member of the Board.


document_id: csca-2001
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 6
title: Chairperson may delegate functions
content:
6. The Chairperson may in writing authorise any member to exercise any power or perform any function conferred on the Chairperson by or under this Act.


document_id: csca-2001
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 7
title: Term of office of members
content:
7. —(1) A member holds office on such conditions and for such term as the Minister specifies in the appointment. (2) Any member may resign from his or her office at any time by giving not less than one month’s notice in writing to the Minister. (3) The Minister may at any time revoke the appointment of any member as the Minister considers necessary in the interest of the effective performance of the functions of the College under this Act, or in the public interest. (4) If a member dies or resigns or has his or her appointment revoked, the Minister may appoint any person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (5) The College is to pay to the Chairperson and other members, out of the funds of the College, such salaries, fees and allowances as the Minister may determine.


document_id: csca-2001
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 8
title: Temporary Chairperson
content:
8. If the Chairperson is absent from Singapore, or for any other reason unable to discharge his or her functions, the Minister may appoint one of the members to act as a temporary Chairperson.


document_id: csca-2001
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 9
title: Meetings and proceedings of Board
content:
9. —(1) The quorum at every meeting of the Board is the higher of the following: ( a ) one-third of the total number of members; ( b ) 3 members. [25/2009] (2) The Chairperson presides at all meetings of the Board and, in his or her absence, the members present must elect one of their number to preside. (3) Meetings of the Board must be held at such times and places as the Chairperson may determine. (4) All questions arising at any meeting must be decided by a majority of votes of the members present and voting. (5) At any meeting of the Board, the Chairperson or, in the Chairperson’s absence, the member presiding at the meeting has a deliberative vote and, in the case of an equality of votes, he or she also has a casting vote. (6) The validity of any proceedings of the Board is not affected by any vacancy among its members or by any defect in the appointment of any member. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Board may regulate its own proceedings. [5/2018] 10. [ Repealed by Act 5 of 2018 ]


document_id: csca-2001
provision_ref: s11
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 11
title: Committees
content:
11. —(1) The Board may appoint committees consisting of one or more persons (whether members or not) and define or vary the terms of reference of those committees. (2) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018 and to the control of the Board, each committee appointed under this section may regulate its procedure in any manner that the committee thinks fit. [5/2018]


document_id: csca-2001
provision_ref: s12
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CIVIL SERVICE COLLEGE
section: 12
title: Delegation of powers
content:
12. —(1) The Board may, in respect of a specified matter or class of matters, by writing, delegate any of its powers to — ( a ) a member; ( b ) a committee of the Board; or ( c ) an officer of the College. (2) Every member, committee or officer purporting to act pursuant to a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.


document_id: csca-2001
provision_ref: s13
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND POWERS OF COLLEGE
section: 13
title: Functions, objects and duties of College
content:
13. —(1) Subject to the provisions of this Act, the functions, objects and duties of the College are — ( a ) to provide training for the development of officers in the public sector; ( b ) to equip officers in the public sector with the appropriate values, workplace skills and management tools; ( c ) to promote lifelong learning among officers in the public sector; ( d ) to promote organisational excellence in the public sector; ( e ) to provide organisational development and consultancy services to the public sector; ( f ) to provide personnel assessment and selection services to the public sector; ( g ) to represent the Government internationally on matters related to or connected with the development of officers in the public sector and organisational excellence; ( h ) to engage in research relevant to the development of officers in the public sector and organisational excellence; and ( i ) to carry out any other functions that are imposed upon the College by or under this Act or any other written law. (2) The Minister may give to the College any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (3) Nothing in this section is to be construed as imposing on the College, directly or indirectly, any form of duty or liability enforceable by proceedings before any court.


document_id: csca-2001
provision_ref: s14
chapter: PART 3 - FUNCTIONS, OBJECTS, DUTIES AND POWERS OF COLLEGE
section: 14
title: Powers of College
content:
14. —(1) The College has power to do anything for the purpose of discharging its functions, objects and duties under this Act, or which is incidental or conducive to the discharge of those functions, objects or duties and, in particular, may — ( a ) establish and maintain facilities for the provision of services and conduct of activities related to or connected with the functions, objects or duties of the College; ( b ) collaborate with and assist any person in the provision and promotion of services and activities related to or connected with the functions, objects or duties of the College; ( c ) organise any courses and programmes for, and render any advice, consultancy and services to, the public sector and any other person or body in Singapore or elsewhere on any matter related to or connected with the functions, objects or duties of the College; ( d ) provide and hold tests and examinations, and grant certificates, awards and other qualifications (other than degrees), for the attainment of relevant skills, competencies and achievements; ( e ) provide financial support and assistance, including but not limited to loans, advances, grants, scholarships and aids to employees, students and any other person for all or any of the purposes of this Act; ( f ) enter into any contracts that may be necessary or expedient for the purpose of discharging the functions, objects or duties of the College; ( g ) lease, let, develop or otherwise utilise any property, movable or immovable, vested in or acquired by the College on any terms and conditions that the College thinks fit; ( h ) form or participate in the formation of any company, partnership or joint venture as a shareholder or partner or in any other capacity, and to share profits; ( i ) collect, analyse, compile, publish or disseminate information of a statistical nature; ( j ) become a member or affiliate of any international body the functions, objects or duties of which are similar to those of the College; ( k ) charge fees or commissions for services rendered by the College and for the use of any of its facilities; ( l ) carry out promotional activities or publicity in any form; ( m ) receive donations, grants, gifts, subsidies or contributions from any source, and raise funds by all lawful means; ( n ) publish or sponsor the publication of works on any matter related to the functions, objects or duties of the College; and ( o ) provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the College and members of their families. (2) The College may, in addition to the powers vested in it by subsection (1), exercise any other powers that the Minister may in writing authorise the College to exercise. (3) This section is not to be construed as limiting any power of the College conferred by or under any other written law.


document_id: csca-2001
provision_ref: s15
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 15
title: Chief Executive, officers and employees, etc.
content:
15. —(1) There must be a Chief Executive of the College, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The College may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the Chief Executive during any period, or during all periods, when the Chief Executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The College may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on any terms and conditions that it may determine, any other officers, employees, consultants and agents that may be necessary for the effective performance of its functions. [5/2018]


document_id: csca-2001
provision_ref: s16
chapter: PART 4 - PROVISIONS RELATING TO STAFF
section: 16
title: Protection from personal liability
content:
16. No suit or other legal proceedings shall lie personally against any officer or employee of the College, member or person acting under the direction of the College, for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law. 17. [ Repealed by Act 5 of 2018 ]


document_id: csca-2001
provision_ref: s18
chapter: PART 5 - FINANCIAL PROVISIONS
section: 18
title: Financial year
content:
18. The financial year of the College begins on 1 April each year and ends on 31 March of the succeeding year.


document_id: csca-2001
provision_ref: s19
chapter: PART 5 - FINANCIAL PROVISIONS
section: 19
title: Estimates
content:
19. A summary of the annual estimates and supplementary estimates adopted by the College must be published in the Gazette .


document_id: csca-2001
provision_ref: s20
chapter: PART 5 - FINANCIAL PROVISIONS
section: 20
title: Funds of College
content:
20. The funds of the College consist of — ( a ) all moneys transferred to the College under section 30; ( b ) all moneys received by the College by way of grants or subsidies; ( c ) all gifts, donations and contributions to the College; ( d ) all fees, charges, commissions, rents, interests, dividends and other income accruing to the College; ( e ) all moneys borrowed by the College under this Act; ( f ) all moneys recovered or collected under this Act by the College or any officer or employee of the College; and ( g ) all other moneys lawfully received by the College for the purposes of the College.


document_id: csca-2001
provision_ref: s21
chapter: PART 5 - FINANCIAL PROVISIONS
section: 21
title: Grants-in-aid
content:
21. For the purpose of enabling the College to carry out its functions under this Act, the Minister may make grants‑in‑aid to the College of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: csca-2001
provision_ref: s22
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22
title: Power to borrow
content:
22. For the discharge of its functions or duties under this Act or any other written law, the College may raise loans from the Government or, with the approval of the Minister for Finance, raise loans from banks or other financial institutions (whether in Singapore or elsewhere) by — ( a ) mortgage, overdraft or otherwise; ( b ) charge, whether legal or equitable, on any property vested in the College or on any other revenue receivable by the College under this Act or any other written law; or ( c ) the creation and issue of debentures or bonds.


document_id: csca-2001
provision_ref: s22A
chapter: PART 5 - FINANCIAL PROVISIONS
section: 22A
title: Issue of shares, etc.
content:
22A. As a consequence of the vesting of any property, rights or liabilities of the Government in the College under this Act, or of any capital injection or other investment by the Government in the College in accordance with any written law, the College must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: csca-2001
provision_ref: s23
chapter: PART 5 - FINANCIAL PROVISIONS
section: 23
title: Bank accounts
content:
23. —(1) The College must open and maintain one or more accounts with any bank or banks that the College thinks fit. (2) Every such account must only be operated by such person or persons as may be authorised in that behalf by the College.


document_id: csca-2001
provision_ref: s24
chapter: PART 5 - FINANCIAL PROVISIONS
section: 24
title: Application of funds
content:
24. The funds of the College must be applied only in payment or discharge of the expenses, obligations and liabilities of the College and in making any payment that the College is authorised or required to make.


document_id: csca-2001
provision_ref: s25
chapter: PART 5 - FINANCIAL PROVISIONS
section: 25
title: Power of investment
content:
25. The College may invest its funds in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004] 26. [ Repealed by Act 5 of 2018 ] 27. [ Repealed by Act 5 of 2018 ] 28. [ Repealed by Act 5 of 2018 ] 29. [ Repealed by Act 5 of 2018 ]


document_id: csca-2001
provision_ref: s30
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 30
title: Transfer to College of property, assets and liabilities
content:
30. —(1) From 1 October 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the incorporated departments and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the incorporated departments are transferred to and vest in the College without further assurance, act or deed. (2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the College under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (3) Any immovable property to be transferred to and vested in the College under subsection (1) must be held by the College upon such tenure and subject to such terms and conditions as the President may determine.


document_id: csca-2001
provision_ref: s31
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 31
title: Transfer of employees
content:
31. —(1) From 1 October 2001, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in any of the incorporated departments are transferred to the service of the College on terms no less favourable than those enjoyed by them immediately prior to their transfer. (2) If any question arises as to whether any person or category of persons has been transferred to the service of the College under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (3) Until such time as terms and conditions of service are drawn up by the College, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the College under subsection (1) as if he or she were still in the employment of the Government.


document_id: csca-2001
provision_ref: s32
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 32
title: Pension rights, etc., of Government employees to be preserved
content:
32. —(1) The terms and conditions to be drawn up by the College must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the College under section 31 while in the employment of the Government. (2) Any term or condition relating to the length of service with the College must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the College. (3) Nothing in the terms and conditions to be drawn up by the College is to adversely affect the conditions that would have been applicable to persons transferred to the service of the College as regards any pension, gratuity or allowance payable under the Pensions Act 1956. (4) Where a person has been transferred to the service of the College under section 31, the Government shall be liable to pay to the College such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the College. (5) Where any person in the service of the College, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the College or is discharged from such service, the College may grant to the person or to any other person or persons wholly or partly dependent on the person, as the College thinks fit, such allowance or gratuity as the College may determine.


document_id: csca-2001
provision_ref: s33
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 33
title: No benefits in respect of abolition or reorganisation of office
content:
33. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the College under section 31 is not entitled to claim any benefit under that Act on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the College.


document_id: csca-2001
provision_ref: s34
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 34
title: Existing contracts
content:
34. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 October 2001 to which the Government is a party and relating to any of the incorporated departments or to any person transferred to the service of the College under section 31 continue in force on and after that date and are enforceable by or against the College as if the College had been named therein or had been a party thereto instead of the Government. 35. [ Omitted as spent ]


document_id: csca-2001
provision_ref: s36
chapter: PART 6 - TRANSFER OF PROPERTY, ASSETS, LIABILITIES AND EMPLOYEES
section: 36
title: Misconduct or neglect of duty by employee before transfer
content:
36. The College may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who, while the person was in the employment of the Government, had been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government and if this Act had not been enacted.


document_id: csca-2001
provision_ref: s38
chapter: PART 7 - MISCELLANEOUS
section: 38
title: Symbol or representation of College
content:
38. —(1) The College has the exclusive right to the use of any symbol or representation that it may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation which — ( a ) is identical with that of the College; or ( b ) so resembles the College’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, 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.


document_id: csca-2001
provision_ref: s39
chapter: PART 7 - MISCELLANEOUS
section: 39
title: Titles of certificates and other qualifications issued by College
content:
39. —(1) The College has the exclusive right in the form and presentation of its titles of certificates and other qualifications issued by the College to any person who attains the standard set by the College. (2) Any person who issues or uses, or causes or permits the use of, titles of certificates or other qualifications identical with those of the College shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: csca-2001
provision_ref: s40
chapter: PART 7 - MISCELLANEOUS
section: 40
title: Preservation of secrecy
content:
40. —(1) Except for the purpose of the performance of his or her duties or the exercise of his or her functions or when lawfully required to do so by any court or where required or allowed by any written law, a person who is or has been an officer, employee or agent of the College, a member or a member of a committee of the Board must not disclose any information relating to the affairs of the College, the Board or any other person which has been obtained by him or her in the performance of his or her duties or the exercise of his or her functions. [5/2018] (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 or to imprisonment for a term not exceeding 12 months or to both.


document_id: csca-2001
provision_ref: s41
chapter: PART 7 - MISCELLANEOUS
section: 41
title: Composition of offences
content:
41. —(1) The Chief Executive or any officer authorised by him or her may 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 of money not exceeding $500. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: csca-2001
provision_ref: s42
chapter: PART 7 - MISCELLANEOUS
section: 42
title: Regulations
content:
42. The College may, with the approval of the Minister, make regulations providing for or prescribing any matters which are necessary or convenient to be provided or prescribed for carrying out or giving effect to the provisions of this Act.


document_id: csca-2001
provision_ref: s43
chapter: PART 7 - MISCELLANEOUS
section: 43
title: Saving
content:
43. So far as it is necessary to preserve the effect of any document issued by or relating to any of the incorporated departments, any reference in such document to any of the incorporated departments is to be construed as a reference to the College.


document_id: csgba-1981
provision_ref: s2
section: 2
title: Incorporation of Board
content:
2. —(1) There shall be constituted in Singapore a body corporate under the name of the Central Sikh Gurdwara Board (referred to in this Act as the Board). (2) The Board may sue and be sued in its said name and shall have perpetual succession and a common seal which seal the Board may from time to time alter or make anew as it shall see fit to do. (3) All deeds, documents and other instruments requiring the seal of the Board shall be sealed with the common seal of the Board in the presence of the President, the Treasurer and the Secretary of the Board, and shall be signed by the President, the Treasurer and the Secretary of the Board. Such signing shall be taken as sufficient evidence of the due sealing of those deeds, documents and other instruments.


document_id: csgba-1981
provision_ref: s3
section: 3
title: Constitution of Board
content:
3. —(1) The Board shall consist of such number of members who are elected at an annual general meeting by persons whose names appear on the Membership Register maintained by the Board under section 5. [6/87] (2) Every elected member of the Board shall hold office for a term of 2 years, but may continue in office until the election of his successor in office. [6/87] (3) No person shall be elected or appointed as a member of the Board unless he is a citizen of Singapore and his name is on the Membership Register maintained by the Board under section 5. [6/87] (4) Members of the Board shall be eligible for re‑election or re‑appointment. [6/87]


document_id: csgba-1981
provision_ref: s4
section: 4
title: Officials of Board
content:
4. —(1) The Board shall elect a President, a Treasurer and a Secretary and may elect such other officials as it may consider necessary, all of whom shall be from among the members of the Board except that no member of the Board shall hold office as a Treasurer for more than 2 years consecutively. (2) The persons so elected under subsection (1) are in this Act referred to as officials of the Board.


document_id: csgba-1981
provision_ref: s5
section: 5
title: Membership Register
content:
5. The Board shall maintain a register (referred to in this Act as the Membership Register) containing the names and other particulars of persons who profess the Sikh faith. [6/87]


document_id: csgba-1981
provision_ref: s6
section: 6
title: Vacation of office of member of Board
content:
6. If any member of the Board dies, resigns or otherwise vacates his office before the expiry of his term, the remaining members of the Board shall appoint a person to fill the vacancy for the residue of the term for which his predecessor was elected. [6/87]


document_id: csgba-1981
provision_ref: s7
section: 7
title: Duties of Board
content:
7. —(1) The Board shall act in accordance with the terms of resolutions passed at meetings of the Board. At any such meeting 50% of the members present shall form a quorum. No business shall be transacted unless a quorum is present. [6/87] (2) Notwithstanding subsection (1), the Board shall be bound by and shall give effect to any resolution that may be passed at any general meeting of persons whose names are on the Membership Register.


document_id: csgba-1981
provision_ref: s8
section: 8
title: Meetings of Board
content:
8. —(1) The President of the Board shall preside at all meetings of the Board. If the President of the Board is not present at any meeting, the members present at the meeting shall elect one of their number to preside at the meeting. (2) Resolutions of the Board shall be in accordance with the votes of the majority of the members present. In the event of an equality of votes, the President of the Board or the person presiding at the meeting shall have a casting vote.


document_id: csgba-1981
provision_ref: s9
section: 9
title: Board may exercise powers despite vacancy
content:
9. The Board may at all times exercise all its powers and carry out all its duties under this Act notwithstanding that there shall be any vacancy or vacancies in the membership of the Board.


document_id: csgba-1981
provision_ref: s10
section: 10
title: Minutes
content:
10. —(1) The Secretary of the Board shall keep minutes of all meetings of the Board and at every meeting the minutes of the previous meeting, which shall have been previously circulated to members of the Board, shall be confirmed, subject to any amendment which may be required. (2) The minutes referred to in subsection (1) shall be entered in the minute book of the Board and shall include a full record of every resolution of the Board. [6/87]


document_id: csgba-1981
provision_ref: s11
section: 11
title: Disqualifications for membership of Board
content:
11. No person shall be elected or appointed or shall continue to hold office as a member of the Board if — ( a ) he is an undischarged bankrupt or suspends payment to, or makes any arrangement or composition with, his creditors; ( b ) he has been sentenced to imprisonment for a term of not less than 6 months and has not received a free pardon; or ( c ) a resolution is passed at an extraordinary general meeting of those persons whose names appear on the Membership Register calling for the removal of such member from office. [6/87]


document_id: csgba-1981
provision_ref: s12
section: 12
title: Powers of Board
content:
12. The Board may — ( a ) acquire, purchase, lease, hold and enjoy movable and immovable property of every description for use in connection with any temple except that the Board shall not exercise such powers in regard to immovable property without a resolution being first passed at a general meeting of persons whose names are on the Membership Register; ( b ) sell, exchange, convey, assign, surrender, mortgage, demise, re‑assign, transfer or otherwise dispose of and deal with any of such property except that the Board shall not exercise such powers in regard to immovable property without a resolution being first passed at a general meeting of persons whose names are on the Membership Register; ( c ) erect such buildings on land belonging to the Board or on land acquired by the Board as may appear to the Board necessary or desirable for the purposes of any temple or for use in connection therewith; and ( d ) raise funds by means of voluntary subscriptions for the purposes of exercising its powers, performing its duties and discharging its obligations under this Act.


document_id: csgba-1981
provision_ref: s13
section: 13
title: Funds of Board
content:
13. —(1) All funds belonging to the Board shall be kept in a bank or banks as may be approved by the Board. (2) The Board’s funds shall be preserved, invested, utilised, disposed of and paid out in accordance with the resolutions passed under section 8(2) and with any rules made under section 16.


document_id: csgba-1981
provision_ref: s14
section: 14
title: Accounts
content:
14. —(1) The Board shall at least once in every year prepare an account of the funds and other property of the Board and of the way in which such funds and other property have been utilised and disposed of. (2) All such accounts shall be signed by the Treasurer of the Board and shall be audited by 2 persons whose names are on the Membership Register and have been elected to serve as such at the biennial general meeting of persons whose names are on the Membership Register. [6/87]


document_id: csgba-1981
provision_ref: s15
section: 15
title: Liability of members of Board
content:
15. No member of the Board shall be personally liable for or in connection with any act or omission done or committed in good faith and without gross negligence as such member of the Board nor for any debt, liability, act or omission of the Board.


document_id: csgba-1981
provision_ref: s16
section: 16
title: Rules
content:
16. The Board may make rules not inconsistent with the provisions of this Act for all or any of the following purposes: ( a ) to regulate the keeping, revision and publication of the Membership Register, and to prescribe the conditions required to be complied with, including the payment of fees, to entitle a person to have his name entered on the Membership Register; ( b ) to regulate the election of members of the Board, and to provide for the declaration and publication of the results of such election; ( c ) to regulate the calling and conduct of general meetings of persons whose names are on the Membership Register, and the procedure in the transaction of business thereat; ( d ) to regulate the election of officials of the Board and to provide for the declaration and publication of the results of that election; ( e ) to regulate the proceedings of the Board, the calling of meetings and the procedure for the transaction of business; ( f ) for the appointment of subcommittees; ( g ) to regulate the appointment, conduct, dismissal and remuneration of granthis or priests, ragis or musicians, and such other religious personnel as the Board may think fit; ( h ) to allocate duties to and to regulate the executive power of the Board, subcommittees and officials of the Board; ( i ) to regulate the keeping, audit, presentation and publication of accounts, including quarterly accounts; and to provide for the inspection of accounts by persons whose names are on the Membership Register; ( j ) to regulate the conduct of religious services and other ceremonies customary among the followers of the Sikh religion; ( k ) to regulate the admission of boarders, inmates or visitors; ( l ) to regulate the appointment, conduct, dismissal and remuneration of servants of the Board; ( m ) to regulate the use of any portion of the land and premises vested in the Board for the purposes of education; and ( n ) generally to carry out the purposes of this Act. [6/87]


document_id: csgba-1981
provision_ref: s17
section: 17
title: Service of documents
content:
17. Any originating claim or other legal process and any notice may be served on the Board by serving it on an official of the Board or by leaving it at, or sending it by registered post to, the Central Sikh Temple, Singapore. [Act 25 of 2021 wef 01/04/2022]


document_id: csgba-1981
provision_ref: s18
section: 18
title: Saving of other rights
content:
18. Nothing in this Act shall affect the rights of the Government or of any bodies politic or corporate or of any other persons, except such persons as are mentioned in this Act and those claiming by, from or under them.


document_id: cspa-2024
provision_ref: s1
chapter: PART 1 - PRELIMINARY
section: 1
title: Short title and commencement
content:
1. This Act is the Corporate Service Providers Act 2024 and comes into operation on a date that the Minister appoints by notification in the Gazette .


document_id: cspa-2024
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. —(1) In this Act — “accounting corporation”, “accounting firm” and “accounting limited liability partnership” have the meanings given by section 2(1) of the Accountants Act 2004; “accounting entity” means — ( a ) an accounting corporation; ( b ) an accounting firm; ( c ) an accounting limited liability partnership; or ( d ) a public accountant who is registered under section 8 of the Business Names Registration Act 2014 as the sole proprietor of a business in providing public accountancy services; “ACRA Act” means the Accounting and Corporate Regulatory Authority Act 2004; “ACRA Fifth Schedule Act” means any of the written laws specified in the first column of the Fifth Schedule to the ACRA Act; “ACRA Registrar” means — ( a ) in relation to an ACRA Second Schedule Act — the Registrar as defined in that Act; or ( b ) in relation to an ACRA Fifth Schedule Act — the person specified in the second column of the Fifth Schedule to the ACRA Act opposite the ACRA Fifth Schedule Act as specified in the first column of that Schedule; “ACRA Second Schedule Act” means any of the written laws specified in the Second Schedule to the ACRA Act; “ACRA transaction”, in relation to the ACRA Registrar of an ACRA Second Schedule Act or ACRA Fifth Schedule Act, means — ( a ) the filing or lodging of any document with the ACRA Registrar, or the submission, production, delivery, providing or sending of any document to the ACRA Registrar, under the ACRA Second Schedule Act or ACRA Fifth Schedule Act; ( b ) the making of any application, submission or request to the ACRA Registrar under the ACRA Second Schedule Act or ACRA Fifth Schedule Act; ( c ) the provision of any undertaking or declaration to the ACRA Registrar under the ACRA Second Schedule Act or ACRA Fifth Schedule Act; or ( d ) the extraction, retrieval or accessing of any document, record or information maintained by the ACRA Registrar under the ACRA Second Schedule Act or ACRA Fifth Schedule Act; “Assistant Registrar” means an Assistant Registrar of Corporate Service Providers appointed under section 5(2)( b ); “Authority” means the Accounting and Corporate Regulatory Authority established by section 3 of the ACRA Act; “company” and “corporation” have the meanings given by section 4(1) of the Companies Act 1967; “corporate service” means any of the following services: ( a ) forming, on behalf of another person, a corporation or other legal person; ( b ) acting, or arranging for another person to act — (i) as a director or secretary of a corporation; (ii) as a partner of a partnership; or (iii) in a similar capacity in relation to other legal persons; ( c ) providing a registered office, business address, correspondence or administrative address or other related services for a corporation, partnership or other legal person; ( d ) acting, or arranging for another person to act, as a nominee shareholder on behalf of any corporation, other than a corporation whose securities are listed on an approved exchange within the meaning of section 2(1) of the Securities and Futures Act 2001; ( e ) carrying out any designated activity in relation to the provision of any accounting service; ( f ) carrying out an ACRA transaction with the ACRA Registrar using the electronic transaction system — (i) on behalf of another person; or (ii) for one or more companies as a secretary of each of those companies; “corporate service provider” means a person who carries on a business of providing any corporate service; “deemed registered corporate service provider” means an accounting entity that is treated under section 7(2) as registered under section 8 as a registered corporate service provider; “deemed registered qualified individual” means a key appointment holder of a deemed registered corporate service provider who is treated under section 15(3) as registered under section 10 as a registered qualified individual; “Deputy Registrar” means a Deputy Registrar of Corporate Service Providers appointed under section 5(2)( b ); “designated activity” means the preparation to carry out or the carrying out of transactions for a customer concerning any of the following activities: ( a ) buying or selling of real estate; ( b ) management of client money, securities or other assets; ( c ) management of bank, savings or securities accounts; ( d ) organisation of contributions for the creation, operation or management of corporations; ( e ) creation, operation or management of legal persons or legal arrangements, or buying and selling of business entities; “director” has the meaning given by section 4(1) of the Companies Act 1967; “electronic transaction system” means the electronic transaction system established by the Authority under section 27(1) of the ACRA Act; “FATF” means the intergovernmental body known as the Financial Action Task Force; “FATF recommendation” means any recommendation relating to the prevention of money laundering, proliferation financing and terrorism financing adopted by the FATF; “key appointment holder”, in relation to any person ( X ), means any of the following persons: ( a ) where X is a sole proprietorship — the sole proprietor; ( b ) where X is a partnership or limited partnership — a partner of the partnership or limited partnership; ( c ) where X is a company — (i) a member of the board of directors; or (ii) an individual for the time being holding the office of chairperson or chief executive officer of the company; ( d ) where X 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 X ’s business activities in providing corporate services; “legal arrangement” means an express trust or other similar legal arrangement; “legal person” means a person other than a natural person that can establish a permanent business relationship with another person or otherwise own property; “limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act 2005; “limited partnership” means a limited partnership registered under the Limited Partnerships Act 2008; “nominee director” means a director who is accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of any other person; “nominee shareholder”, in relation to a corporation, means a shareholder who satisfies either or both of the following: ( a ) the shareholder is accustomed or under an obligation whether formal or informal to vote, in respect of shares in the corporation of which the shareholder is the registered holder, in accordance with the directions, instructions or wishes of any other person; ( b ) the shareholder receives dividends, in respect of shares in the corporation of which the shareholder is the registered holder, on behalf of any other person; “proliferation financing” means the financing of the proliferation of weapons of mass destruction; “public accountant” has the meaning given by section 2(1) of the Accountants Act 2004; “qualified individual” means an individual who satisfies such criteria as may be prescribed for this definition; “registered corporate service provider” means a corporate service provider who is registered under this Act, and includes — ( a ) a deemed registered corporate service provider; and ( b ) a person who is treated under section 42(3) as registered under section 8 as a registered corporate service provider; “registered person” means a registered corporate service provider or registered qualified individual; “registered qualified individual” means a qualified individual who is registered under this Act, and includes — ( a ) a deemed registered qualified individual; and ( b ) a person who is treated under section 44(1) as registered under section 10 as a registered qualified individual; “Registrar” means the Registrar of Corporate Service Providers appointed under section 5(2)( a ), and includes any Deputy Registrar or Assistant Registrar; “registration” means registration of a registered corporate service provider or registered qualified individual, as the case may be; “regulations” means any regulations made under section 35; “sub‑fund”, “umbrella VCC” and “variable capital company” have the meanings given by section 2(1) of the Variable Capital Companies Act 2018. (2) For the purposes of the definitions of “corporate service”, “designated activity” and “nominee shareholder” in subsection (1), the references to “corporation”, “legal person” and “partnership” include corporations, legal persons and partnerships (respectively) formed, established or incorporated outside Singapore. (3) For the purposes of this Act — ( a ) a registered corporate service provider is not regarded as being registered to carry on a business in Singapore of providing any corporate service during the period the registered corporate service provider’s registration is suspended under section 19(2) or (3); and ( b ) a registered qualified individual is not regarded as being registered during the period the registered qualified individual’s registration is suspended under section 21(2) or (3).


document_id: cspa-2024
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “accounting service”, etc.
content:
3. —(1) In this Act — “accounting service” means any of the following services: ( a ) financial accounting service; ( b ) internal audit service; ( c ) management accounting service; ( d ) taxation service; “financial accounting service” means any of the following services: ( a ) preparing and maintaining accounting and other records of an entity which will sufficiently explain the transactions and financial position of the entity and enable true and fair profit and loss accounts and balance sheets (and any documents attached to the profit and loss accounts and balance sheets) to be prepared from time to time; ( b ) preparing the general purpose financial statements, special purpose financial statements or summary financial statements of an entity or any part of those statements; “internal audit service” means any of the following services: ( a ) evaluating the effectiveness of an entity’s processes relating to its governance, risk management or internal control; ( b ) improving an entity’s processes relating to its governance, risk management or internal control; “management accounting service” means any of the following services: ( a ) measuring, evaluating or reporting on any information relating to the economic performance of an entity; ( b ) drawing and expressing a conclusion relating to the measurement or evaluation of, or reporting on, any information relating to the economic performance of an entity; “taxation service” means any of the following services: ( a ) ensuring compliance by an entity with any written law relating to taxation in the course of preparing any tax return for the entity; ( b ) making tax calculations for the purpose of preparing accounting entries in an entity’s financial statements; ( c ) providing advice relating to taxation and tax planning; ( d ) providing assistance in resolving any dispute relating to taxation. (2) In subsection (1), a service is not a financial accounting service, an internal audit service, a management accounting service or a taxation service unless its performance requires the application of an accounting or related skill. (3) In subsection (1) — “entity” means — ( a ) a company or association or body of persons, corporate or unincorporate; ( b ) a variable capital company, or an umbrella VCC in respect of a sub‑fund; ( c ) a sole proprietor; ( d ) a trust or its trustee (when acting in that capacity), as the case may be; or ( e ) any other business or corporate structure, as may be prescribed; “general purpose financial statements”, “special purpose financial statements” and “summary financial statement” have the meanings given by the part entitled “Glossary” in the Singapore Standards on Auditing; “Singapore Standards on Auditing” means the standards by that name issued by the Institute of Singapore Chartered Accountants as published on its website.


document_id: cspa-2024
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Purpose of Act
content:
4. The purpose of this Act is to regulate corporate service providers, and qualified individuals who provide, or supervise the provision of, corporate services, and to impose requirements on those persons so as to detect or prevent money laundering, proliferation financing and terrorism financing.


document_id: cspa-2024
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Administration of Act and appointment of Registrar of Corporate Service Providers, etc.
content:
5. —(1) The Authority is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Minister may, after consultation with the Authority, and for the proper administration of this Act — ( a ) appoint an officer of the Authority to be the Registrar of Corporate Service Providers; and ( b ) from among the officers of the Authority, public officers and officers of any other statutory board, appoint any number of Deputy Registrars and Assistant Registrars of Corporate Service Providers as the Minister considers necessary. (3) The Authority may give to the Registrar such directions, not inconsistent with the provisions of this Act, as to the exercise of the Registrar’s powers, functions or duties under this Act, and the Registrar must give effect to such directions. (4) Subject to the general direction and control of the Registrar and to any restriction and limitation that may be prescribed, anything by this Act authorised or required to be done or signed by the Registrar may be done or signed by any such Deputy Registrar or Assistant Registrar and is as valid and effectual as if done or signed by the Registrar. (5) No person dealing with any Deputy Registrar or Assistant Registrar needs to be concerned to see or inquire whether any restriction or limitation has been prescribed, and every act or omission of a Deputy Registrar or Assistant Registrar so far as it affects any such person is as valid and effectual as if done or omitted by the Registrar.


document_id: cspa-2024
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Registers
content:
6. The Registrar must keep and maintain — ( a ) a register of registered corporate service providers; and ( b ) a register of registered qualified individuals.


document_id: cspa-2024
provision_ref: s7
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 7
title: No carrying on business of providing corporate services without registration
content:
7. —(1) A person must not carry on a business in Singapore of providing any corporate service unless the person is a registered corporate service provider for that type of corporate service. (2) An accounting entity that carries on a business in Singapore of the corporate service of carrying out any designated activity in relation to the provision of any accounting service by the accounting entity, is treated as registered under section 8 as a registered corporate service provider for that type of corporate service for the purposes of this Act, and continues to be so treated until the accounting entity’s deemed registration is suspended or cancelled under section 18(2) or 19(2) or (3). (3) Despite anything in the Accountants Act 2004, an accounting entity is not authorised to carry out any designated activity in relation to the provision of any accounting service by the accounting entity if its deemed registration as a registered corporate service provider is suspended or cancelled under section 18(2) or 19(2) or (3). (4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. Division 2 &#x2014; Registration of corporate service providers


document_id: cspa-2024
provision_ref: s8
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 8
title: Registration and renewal of registration of corporate service providers
content:
8. —(1) An application for the registration, or for renewal of the registration, of a registered corporate service provider must be — ( a ) made to the Registrar in the form and manner specified by the Registrar; ( b ) accompanied by the documents and information required by the Registrar; and ( c ) accompanied by the prescribed fee, if any. (2) An application for renewal of registration must be made not earlier than 60 days before the date of expiry of the registration. (3) The Registrar may — ( a ) grant the registration or renewal, with such conditions and for such period specified by the Registrar; or ( b ) refuse the registration or renewal. (4) An applicant may be registered as a registered corporate service provider for one or more types of corporate services. (5) The Registrar may impose different conditions in respect of — ( a ) different classes of registered corporate service providers; or ( b ) registered corporate service providers under different circumstances. (6) Without limiting subsection (3)( a ), the Registrar may impose on any registered corporate service provider any restriction pertaining to the use by that corporate service provider of the electronic transaction system as the Registrar thinks fit.


document_id: cspa-2024
provision_ref: s9
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 9
title: Criteria for registration or renewal of registration of corporate service providers
content:
9. —(1) The Registrar must refuse to register, or to renew the registration of, a corporate service provider — ( a ) unless the applicant is one of the following: (i) an individual, or a partnership, registered under the Business Names Registration Act 2014; (ii) a company; (iii) a limited liability partnership; (iv) a limited partnership; ( b ) unless the applicant meets at least one of the following criteria: (i) the applicant (being an individual) is a registered qualified individual; (ii) at least one partner of the applicant (being a partnership, limited liability partnership or limited partnership) is a registered qualified individual; (iii) the applicant employs, engages or appoints at least one registered qualified individual to provide corporate services for, or supervise the provision of corporate services by, the applicant; ( c ) if the Registrar is satisfied that any key appointment holder of the applicant is not a fit and proper person; ( d ) if the applicant is an individual who has not successfully completed a prescribed course or training; ( e ) if the applicant is not an individual — any key appointment holder of the applicant has not successfully completed a prescribed course or training; or ( f ) if the applicant has had a previous registration as a registered corporate service provider cancelled under section 19(2) or (3) less than 2 years before the date of the applicant’s application for registration as a registered corporate service provider. (2) In determining for the purposes of subsection (1)( c ) whether any key appointment holder of an applicant is a fit and proper person, the Registrar may consider such factors as may be prescribed. Division 3 &#x2014; Registration of qualified individuals


document_id: cspa-2024
provision_ref: s10
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 10
title: Registration and renewal of registration of qualified individuals
content:
10. —(1) An application for the registration, or for renewal of the registration, of a qualified individual must be made to the Registrar — ( a ) in the form and manner specified by the Registrar; ( b ) accompanied by the documents and information required by the Registrar; and ( c ) accompanied by the prescribed fee, if any. (2) An application for renewal of registration must be made not earlier than 60 days before the date of expiry of the registration. (3) The Registrar may — ( a ) grant the registration or renewal, with such conditions and for such period specified by the Registrar; or ( b ) refuse the registration or renewal. (4) The Registrar may impose different conditions in respect of — ( a ) different classes of registered qualified individuals; or ( b ) registered qualified individuals under different circumstances. (5) Without limiting subsection (3)( a ), the Registrar may impose on any registered qualified individual any restriction pertaining to the use by that qualified individual of the electronic transaction system as the Registrar thinks fit.


document_id: cspa-2024
provision_ref: s11
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 11
title: Criteria for registration or renewal of registration of qualified individuals
content:
11. —(1) The Registrar must refuse to register, or to renew the registration of, a qualified individual — ( a ) if the applicant is not or (in the case of an application to renew the registration of a qualified individual) ceases to be a qualified individual, or has not successfully completed a prescribed course or training; ( b ) if the Registrar is satisfied that the applicant is not a fit and proper person; or ( c ) if the applicant has had a previous registration as a registered qualified individual cancelled under section 21(2) or (3) less than 2 years before the date of his or her application for registration as a registered qualified individual. (2) In determining for the purposes of subsection (1)( b ) whether an applicant is a fit and proper person, the Registrar may consider such factors as may be prescribed. Division 4 &#x2014; Provisions applicable to registered persons who are
not deemed corporate service providers or deemed registered
qualified individuals


document_id: cspa-2024
provision_ref: s12
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 12
title: Obligation to notify Registrar
content:
12. —(1) A registered person (other than a deemed corporate service provider or deemed registered qualified individual) must notify the Registrar of each of the following changes within 14 days after the occurrence of the change and in the manner specified by the Registrar: ( a ) any change in any particulars provided in the person’s application for the registration, or renewal of registration, under section 8(1) or 10(1), as the case may be; ( b ) any change in any particulars provided under paragraph ( a ). (2) A registered person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: cspa-2024
provision_ref: s13
chapter: PART 2 - REGULATION OF PROVISION OF CORPORATE SERVICES
section: 13
title: Modification, etc., of conditions of registration
content:
13. —(1) The Registrar may at any time modify, remove or add conditions of the registration of a registered person (other than a deemed registered corporate service provider or deemed registered qualified individual) in accordance with this section without compensating the registered person. (2) Before modifying or adding any condition, the Registrar must give written notice to the registered person — ( a ) stating that the Registrar intends to make the modification or addition in the manner specified in the notice; and ( b ) specifying the period (being at least 14 days after the date of service of the written notice on the registered person) within which the registered person may make written representations to the Registrar with respect to the proposed modification or addition. (3) On receiving any written representation mentioned in subsection (2)( b ), the Registrar must consider that representation and may — ( a ) reject the representation; ( b ) amend the proposed modification or addition in any manner that the Registrar thinks fit having regard to the representation; or ( c ) withdraw the proposed modification or addition. (4) Where — ( a ) the Registrar rejects any written representation under subsection (3)( a ); ( b ) the Registrar amends any proposed modification or addition under subsection (3)( b ); or ( c ) no written representation is received by the Registrar within the period specified in subsection (2)( b ), or any representation made under that provision is subsequently withdrawn, and the registered person has not given immediate effect to the modification or addition, the Registrar must issue a written direction to the registered person requiring the registered person to give effect to the modification or addition as specified in the notice under subsection (2) or as amended by the Registrar under subsection (3)( b ) (as the case may be), within the period specified by the Registrar. (5) However, where the Registrar considers that it is impracticable or undesirable, in the circumstances of the particular case, for the Registrar to give notice under subsection (2) before modifying or adding any condition of the registration of a registered person because of any act, omission or thing that is of such a serious nature that the integrity of the business of the relevant corporate service provider is adversely affected, the Registrar may, without compensating the registered person, and by giving notice to that registered person, modify or add any condition of the registration of the registered person with immediate effect. (6) In subsection (5), “relevant corporate service provider” means — ( a ) where the registered person mentioned in that provision is a registered qualified individual — the registered corporate service provider of which the registered person is — (i) the sole proprietor — if the corporate service provider is a sole proprietorship; (ii) a partner — if the corporate service provider is a partnership, limited liability partnership or limited partnership; or (iii) employed, engaged or appointed to provide corporate services for, or supervise the provision of corporate services by, the registered corporate service provider; or ( b ) where the registered person mentioned in that provision is a registered corporate service provider — the registered corporate service provider.


document_id: cspa-2024
provision_ref: s14
chapter: PART 3 - DUTIES AND RESPONSIBILITIES OF
section: 14
title: General requirement on provision of corporate services
content:
14. —(1) A registered corporate service provider must ensure that the corporate service which the registered corporate service provider carries on a business in, is provided by — ( a ) one or more registered qualified individuals; or ( b ) one or more prescribed persons under the supervision of a registered qualified individual. (2) Regulations made for the purposes of subsection (1)( b ) may prescribe different descriptions of persons for the provision of different types of corporate services.


document_id: cspa-2024
provision_ref: s15
chapter: PART 3 - DUTIES AND RESPONSIBILITIES OF
section: 15
title: Registered qualified individuals of deemed registered corporate service providers
content:
15. —(1) A deemed registered corporate service provider ( X ) must provide to the Registrar, in the form and manner specified by the Registrar and by the date mentioned in subsection (2), prescribed particulars of every registered qualified individual employed, engaged or appointed for the purpose of carrying out, or supervising the carrying out of, any designated activity in relation to the provision of any accounting service by X . (2) The date mentioned in subsection (1) is — ( a ) where X carries on the business of providing the corporate service immediately before the date of commencement of this section — the last day of the prescribed period after that date; or ( b ) in any other case — the date on which X commences the business of providing the corporate service mentioned in subsection (1). (3) If, by the date in subsection (2)( a ) or ( b ) (as the case may be), X fails to provide the particulars of at least one registered qualified individual in accordance with subsection (1) to the Registrar, then every key appointment holder of X who is a public accountant ( Y ) — ( a ) is treated as registered under section 10 as a registered qualified individual starting on that date; and ( b ) continues to be so treated until his or her deemed registration is suspended or cancelled under section 20(2) or 21(2) or (3). (4) However, Y is not treated as a registered qualified individual — ( a ) when carrying out any act for any person other than X ; or ( b ) when providing a corporate service (other than that mentioned in paragraph ( e ) of the definition of “corporate service” in section 2(1)) for, or supervising the provision of such corporate service by, X . (5) X may, after the date mentioned in subsection (2), provide to the Registrar the prescribed particulars of any registered qualified individual whom X employs, engages or appoints for the purpose mentioned in subsection (1).


document_id: cspa-2024
provision_ref: s16
chapter: PART 3 - DUTIES AND RESPONSIBILITIES OF
section: 16
title: Arranging for person to act as nominee director
content:
16. —(1) A registered corporate service provider for providing the corporate service of acting, or arranging for another person to act, as a director of a corporation must not arrange for a person to act as a nominee director of a company, unless the registered corporate service provider is satisfied that the person is a fit and proper person. (2) In determining for the purposes of subsection (1) whether a person is a fit and proper person, the registered corporate service provider must — ( a ) take all reasonable steps to satisfy himself, herself or itself that the person is not disqualified from acting as a director of a company under any written law; and ( b ) consider such factors as may be prescribed. (3) A registered corporate service provider who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000.


document_id: cspa-2024
provision_ref: s17
chapter: PART 3 - DUTIES AND RESPONSIBILITIES OF
section: 17
title: Prevention of money laundering, proliferation financing and terrorism financing
content:
17. —(1) A registered corporate service provider must perform customer due diligence measures in each of the following circumstances: ( a ) before providing any corporate service to a customer; ( b ) where the registered corporate service provider has reason to suspect money laundering, proliferation financing or terrorism financing; ( c ) where the registered corporate service provider has reason to doubt the veracity or adequacy of information obtained from earlier customer due diligence measures; ( d ) under other circumstances prescribed for the purposes of this subsection. (2) A registered corporate service provider must not proceed to provide any corporate service to any person if there exist any circumstances prescribed for the purposes of this subsection. (3) Unless subsection (2) applies, a registered corporate service provider may choose not to perform or complete any customer due diligence measures if — ( a ) the registered corporate service provider has reason to suspect that the transaction for which the corporate service is intended to be provided relates to money laundering, proliferation financing or terrorism financing; and ( b ) the registered corporate service provider has reason to believe that performing the measures will tip off the customer or any other person. (4) Where, in relation to any customer, a registered corporate service provider is for any reason unable or chooses not to complete performing any customer due diligence measure, the registered corporate service provider must — ( a ) decline to provide any corporate service to the customer; ( b ) terminate any ongoing provision of any corporate service to the customer; ( c ) determine whether to make a disclosure under section 45 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 or section 8 or 10 of the Terrorism (Suppression of Financing) Act 2002; ( d ) record the basis of the determination under paragraph ( c ); and ( e ) carry out any other prescribed measures. (5) A registered corporate service provider must keep, in the prescribed manner and for the prescribed period, all records that the registered corporate service provider obtains through the customer due diligence measures. (6) A registered corporate service provider must comply with any other requirement prescribed for the purpose of — ( a ) detecting or preventing money laundering, proliferation financing or terrorism financing; ( b ) recording and reporting transactions suspected by the registered corporate service provider to involve money laundering, proliferation financing or terrorism financing; ( c ) giving effect to any FATF recommendation; or ( d ) requiring the registered corporate service provider to assess, and to report to the Registrar on, his, her or its compliance with a requirement mentioned in paragraph ( a ), ( b ) or ( c ). (7) A registered corporate service provider who fails to comply with subsection (1), (2), (4), (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (8) In this section, “customer due diligence measures” means the prescribed measures for — ( a ) identifying a customer of the registered corporate service provider and the customer’s agent (if any), and verifying their identities; ( b ) identifying every beneficial owner of his, her or its customer and verifying the identity of the beneficial owner; ( c ) obtaining information on the purpose and intended nature of the business relationship between the registered corporate service provider and his, her or its customer; and ( d ) any other measures for detecting or preventing money laundering, proliferation financing or terrorism financing.


document_id: cspa-2024
provision_ref: s18
chapter: PART 4 - REGULATORY ACTIONS
section: 18
title: Cancellation of registration of registered corporate service providers
content:
18. —(1) The Registrar may cancel the registration of a registered corporate service provider ( X ) (not being a deemed registered corporate service provider) — ( a ) if X ceases to meet one of the criteria specified under section 9(1)( a ); ( b ) if the Registrar is satisfied that X or (if X is not an individual) any key appointment holder of X is not a fit and proper person; ( c ) if X ’s registration was obtained through fraud or misrepresentation; ( d ) if X does not carry on a business of providing any corporate service; or ( e ) if X applies to the Registrar for X ’s registration to be cancelled. (2) The Registrar may cancel the registration of a deemed registered corporate service provider ( Y ) — ( a ) if Y ceases to be an accounting entity; ( b ) if the Registrar is satisfied that Y or (if Y is not an individual) any key appointment holder of Y is not a fit and proper person; ( c ) if Y does not carry on a business in Singapore of carrying out any designated activity in relation to the provision of any accounting service by Y ; or ( d ) if Y applies to the Registrar for Y ’s registration to be cancelled. (3) The Registrar may refuse to cancel a registration under subsection (1)( e ) or (2)( d ) until the requirements in subsection (4) are met, if the Registrar suspects — ( a ) in relation to X , that X has contravened or failed to comply with — (i) any of the conditions of the registration; or (ii) any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act; or ( b ) in relation to Y , that Y has contravened or failed to comply with any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act. (4) For the purposes of subsection (3), the requirements to be met are — ( a ) the Registrar has investigated the suspected contravention or non‑compliance; and ( b ) the Registrar has determined that — (i) there was no contravention or non‑compliance; (ii) there was a contravention or non‑compliance and has taken regulatory action under section 19 for it; or (iii) there was a contravention or non‑compliance and has decided not to take regulatory action under section 19 for it.


document_id: cspa-2024
provision_ref: s19
chapter: PART 4 - REGULATORY ACTIONS
section: 19
title: Regulatory action for contravention of Act, etc., by registered corporate service providers
content:
19. —(1) This section applies where the Registrar is satisfied that a registered corporate service provider ( Z ) is contravening or is not complying with, or has contravened or failed to comply with — ( a ) if Z is not a deemed registered corporate service provider — (i) any of the conditions of Z ’s registration; or (ii) any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act; or ( b ) if Z is a deemed registered corporate service provider — any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act. (2) Where this section applies, the Registrar may — ( a ) cancel Z ’s registration; ( b ) suspend Z ’s registration for a period not exceeding 12 months; ( c ) restrict Z ’s use of the electronic transaction system to the extent the Registrar thinks fit; ( d ) direct Z to pay, within a period specified in the direction, a financial penalty of an amount the Registrar thinks fit, but not exceeding $25,000 for each contravention or non‑compliance that is the subject of the regulatory action; or ( e ) censure Z . (3) If Z has been directed to pay a financial penalty under subsection (2)( d ) and fails to pay the financial penalty within the period specified in the direction, the Registrar may (without affecting section 28) — ( a ) cancel Z ’s registration; ( b ) suspend Z ’s registration for a period not exceeding 12 months; or ( c ) restrict Z ’s use of the electronic transaction system to the extent the Registrar thinks fit. Division 2 &#x2014; Regulatory actions against registered
qualified individuals


document_id: cspa-2024
provision_ref: s20
chapter: PART 4 - REGULATORY ACTIONS
section: 20
title: Cancellation of registration of registered qualified individuals
content:
20. —(1) The Registrar may cancel the registration of a registered qualified individual ( X ) (not being a deemed registered qualified individual) — ( a ) if X ceases to be a qualified individual; ( b ) if the Registrar is satisfied that X is not a fit and proper person; ( c ) if X ’s registration was obtained through fraud or misrepresentation; or ( d ) if X applies to the Registrar for X ’s registration to be cancelled. (2) The Registrar may cancel the registration of a deemed registered qualified individual ( Y ) — ( a ) if Y ceases to be a key appointment holder of the deemed registered corporate service provider of which Y is deemed as a registered qualified individual, or a public accountant; ( b ) if the registration of the deemed registered corporate service provider is cancelled under section 18(2) or 19(2) or (3); ( c ) if the Registrar is satisfied that Y is not a fit and proper person; or ( d ) if Y applies to the Registrar for Y ’s registration to be cancelled. (3) The Registrar may refuse to cancel a registration under subsection (1)( d ) or (2)( d ) until the requirements in subsection (4) are met, if the Registrar suspects — ( a ) in relation to X , that X has contravened or failed to comply with — (i) any of the conditions of the registration; or (ii) any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act; or ( b ) in relation to Y , that Y has contravened or failed to comply with any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act. (4) For the purposes of subsection (3), the requirements to be met are — ( a ) the Registrar has investigated the suspected contravention or non‑compliance; and ( b ) the Registrar has determined that — (i) there was no contravention or non‑compliance; (ii) there was a contravention or non‑compliance and has taken regulatory action under section 21 for it; or (iii) there was a contravention or non‑compliance and has decided not to take regulatory action under section 21 for it.


document_id: cspa-2024
provision_ref: s21
chapter: PART 4 - REGULATORY ACTIONS
section: 21
title: Regulatory action for contravention of Act, etc., by registered qualified individuals
content:
21. —(1) This section applies where the Registrar is satisfied that any of the following circumstances are present in relation to a registered qualified individual ( Z ): ( a ) if Z is not a deemed registered qualified individual — (i) Z is contravening or not complying with, or has contravened or failed to comply with — (A) any of the conditions of Z ’s registration; or (B) any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act; or (ii) the Registrar is satisfied that Z , in providing any corporate service, has made any declaration, statement or undertaking under any ACRA Second Schedule Act or ACRA Fifth Schedule Act — (A) that is false or misleading; or (B) that Z was not authorised to make; ( b ) if Z is a deemed registered qualified individual — Z is contravening or not complying with, or has contravened or failed to comply with, any requirement under this Act or the regulations, the contravention of or non‑compliance with which is not an offence under this Act. (2) Where this section applies, the Registrar may — ( a ) cancel Z ’s registration; ( b ) suspend Z ’s registration for a period not exceeding 12 months; ( c ) restrict Z ’s use of the electronic transaction system to the extent the Registrar thinks fit; ( d ) direct Z to pay, within a period specified in the direction, a financial penalty of an amount the Registrar thinks fit, but not exceeding $10,000 for each contravention or non‑compliance that is the subject of the regulatory action; or ( e ) censure Z . (3) If Z has been directed to pay a financial penalty under subsection (2)( d ) and fails to pay the financial penalty within the period specified in the direction, the Registrar may (without affecting section 28) — ( a ) cancel Z ’s registration; ( b ) suspend Z ’s registration for a period not exceeding 12 months; or ( c ) restrict Z ’s use of the electronic transaction system to the extent the Registrar thinks fit. Division 3 &#x2014; Proceedings for regulatory action


document_id: cspa-2024
provision_ref: s22
chapter: PART 4 - REGULATORY ACTIONS
section: 22
title: Proceedings for regulatory action
content:
22. —(1) Before exercising any powers under section 18(1) in respect of section 18(1)( a ), ( b ), ( c ) or ( d ), section 18(2) in respect of section 18(2)( a ), ( b ) or ( c ), section 19(2) or (3), section 20(1) in respect of section 20(1)( a ), ( b ) or ( c ), section 20(2) in respect of section 20(2)( a ), ( b ) or ( c ), or section 21(2) or (3), the Registrar must give written notice to the registered person concerned — ( a ) stating that the Registrar intends to take regulatory action against the registered person; ( b ) specifying the type of action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) that the Registrar proposes to take, and (if applicable) each contravention or non‑compliance that is the subject of the action; and ( c ) specifying the time (being at least 14 days after the date of service of notice on the registered person) within which written representations may be made to the Registrar with respect to the proposed action. (2) The Registrar may, after considering any written representation under subsection (1)( c ), decide to take such regulatory action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) as the Registrar considers appropriate. (3) Where the Registrar has made any decision under subsection (2) against any registered person, the Registrar must serve on the registered person concerned a written notice of the Registrar’s decision. (4) Any cancellation or suspension of any registration under section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) does not affect — ( a ) the enforcement by any person of any right or claim against the registered person; or ( b ) the enforcement by the registered person of any right or claim against any person.


document_id: cspa-2024
provision_ref: s23
chapter: PART 5 - APPEALS
section: 23
title: Appeal to Minister
content:
23. —(1) A person aggrieved by any of the following decisions may appeal to the Minister within the prescribed period: ( a ) the Registrar’s refusal to grant or renew the registration of a registered corporate service provider under section 8; ( b ) the Registrar’s refusal to grant or renew the registration of a registered qualified individual under section 10; ( c ) a modification or addition of a condition of registration under section 13; ( d ) any regulatory action under section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3); ( e ) the Registrar’s refusal to cancel the registration of a registered person on an application made by the registered person under section 18(1)( e ) or (2)( d ) or 20(1)( d ) or (2)( d ). (2) An appeal under this section must be in writing and specify the grounds on which it is made, and must be made within 30 days after the date the decision appealed against is given to the appellant. (3) After considering an appeal, the Minister may — ( a ) reject the appeal and confirm the appealable decision; ( b ) allow the appeal and reverse the appealable decision; or ( c ) vary the appealable decision, and may impose any condition for the reversal or variation of the appeal decision that the Minister thinks fit. (4) The Minister’s decision on an appeal is final. (5) Every appellant must be notified of the Minister’s decision under subsection (3). (6) An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision and, unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.


document_id: cspa-2024
provision_ref: s24
chapter: PART 5 - APPEALS
section: 24
title: Designation of others to hear appeals
content:
24. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary for his or her Ministry to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 23; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of State or Parliamentary Secretary so designated for that appeal.


document_id: cspa-2024
provision_ref: s25
chapter: PART 6 - GENERAL OFFENCE
section: 25
title: Providing false information to Registrar
content:
25. A person who, in any application for registration or renewal of registration under section 8(1) or 10(1) or in compliance or purported compliance with any requirement under this Act — ( a ) provides to the Registrar any document or information that the person knows or has reason to believe is materially false or misleading; ( b ) omits to provide any information to the Registrar, knowing or having reason to believe that such omission will create a materially false or misleading impression; ( c ) intentionally alters, suppresses or destroys any document or information which the person has been required to produce or provide; or ( d ) in producing any document or providing any information so required, makes any statement which the person knows or ought reasonably to know is, or is reckless as to whether it is, false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: cspa-2024
provision_ref: s26
chapter: PART 7 - GENERAL
section: 26
title: Protection from personal liability
content:
26. No liability shall lie personally against the Registrar, a Deputy Registrar or an Assistant Registrar for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care, in the execution or purported execution of this Act.


document_id: cspa-2024
provision_ref: s27
chapter: PART 7 - GENERAL
section: 27
title: Composition of offences
content:
27. —(1) The Registrar may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $20,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: cspa-2024
provision_ref: s28
chapter: PART 7 - GENERAL
section: 28
title: Interest for non‑payment and recovery of financial penalty
content:
28. —(1) A registered corporate service provider or registered qualified individual ( X ) who fails to pay any amount of a financial penalty imposed under section 19(2) or 21(2) (as the case may be) within the period specified for payment by the Registrar or, where there is an appeal to the Minister under section 23, within any period specified for payment by the Minister, is liable to pay interest at the same rate as for a judgment debt on the unpaid amount. (2) X ’s liability to pay a financial penalty and any interest on the financial penalty is not affected by X ceasing to be a registered corporate service provider or registered qualified individual. (3) In any proceeding for the recovery of any financial penalty under this Part — ( a ) a certificate purporting to be under the hand of the Registrar certifying the amount of the financial penalty that is imposed, and the period specified for payment; or ( b ) where there is an appeal to the Minister under section 23, a certificate purporting to be under the hand of the Minister certifying the amount of financial penalty that is imposed, and the period specified for payment, is prima facie evidence of the facts stated in the certificate. (4) The Minister, or an officer authorised by the Minister, may waive, remit or refund in whole or in part any financial penalty imposed or interest on the penalty.


document_id: cspa-2024
provision_ref: s29
chapter: PART 7 - GENERAL
section: 29
title: Offences by corporations
content:
29. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation; or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “reasonable steps”, in relation to the commission of an offence, includes, but is not limited to, any action (if any) of the following kinds as is reasonable in all the circumstances: ( a ) action towards — (i) assessing the corporation’s compliance with the provision creating the offence; and (ii) ensuring that the corporation arranged regular professional assessments of its compliance with the provision; ( b ) action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the offence so far as the provision is relevant to them; ( c ) action towards ensuring that — (i) the equipment and other resources; and (ii) the structures, work systems and other processes, relevant to compliance with the provision creating the offence are appropriate in all the circumstances; ( d ) action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non‑compliance with the provision creating the offence; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose. (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any corporation formed or recognised under the law of a country or territory outside Singapore.


document_id: cspa-2024
provision_ref: s30
chapter: PART 7 - GENERAL
section: 30
title: Offences by unincorporated associations or partnerships
content:
30. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or partnership and in a position to influence the conduct of the unincorporated association or partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is the unincorporated association or partnership (as the case may be), and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the unincorporated association or partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, in relation to an unincorporated association (other than a partnership), means the president, the secretary or any member of a committee of the unincorporated association, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “reasonable steps” has the meaning given by section 29(6) except that any reference to the corporation is a reference to the unincorporated association or partnership mentioned in subsection (2); “state of mind” has the meaning given by section 29(6). (7) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any unincorporated association or partnership formed or recognised under the law of a country or territory outside Singapore.


document_id: cspa-2024
provision_ref: s31
chapter: PART 7 - GENERAL
section: 31
title: Jurisdiction of courts
content:
31. Despite the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full punishment for any such offence.


document_id: cspa-2024
provision_ref: s32
chapter: PART 7 - GENERAL
section: 32
title: Power to publish or disclose information
content:
32. —(1) Where the Registrar considers it necessary or expedient in the interest of the public, the Registrar may publish or otherwise disclose information relating to — ( a ) whether a person is a registered corporate service provider or registered qualified individual; ( b ) a condition of registration imposed on a registered person under this Act; ( c ) any regulatory action taken against a registered person under this Act or any other ACRA Second Schedule Act; ( d ) any determination of the Minister in respect of a registered person under this Act or any other ACRA Second Schedule Act; and ( e ) any regulatory action or civil or criminal proceedings against a registered person under the law of a country or territory outside Singapore for a contravention of any law relating to the prevention of money laundering, proliferation financing or terrorism financing. (2) To avoid doubt, this section is not intended to prevent the disclosure or sharing of information by the Registrar as permitted or required by or under any Act or other law (apart from this Act).


document_id: cspa-2024
provision_ref: s33
chapter: PART 7 - GENERAL
section: 33
title: Service of documents
content:
33. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, the individual’s residential address, contact address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, at the individual’s contact address with an adult apparently resident or employed there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address, contact address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; ( c ) by sending it by fax to the fax number used at the registered office or principal office in Singapore of the body corporate or unincorporated association; or ( d ) by sending it by email to the last email address of the body corporate or unincorporated association. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior express consent to service in that way. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “contact address” means an individual’s contact address maintained by the Authority under the ACRA Act or by the ACRA Registrar of any ACRA Second Schedule Act; “last email address” means the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: cspa-2024
provision_ref: s34
chapter: PART 7 - GENERAL
section: 34
title: Exemption
content:
34. The Minister may, by order in the Gazette , exempt any person or class of persons, or any activity, from all or any provision of this Act, subject to any condition or restriction that may be specified in the order.


document_id: cspa-2024
provision_ref: s35
chapter: PART 7 - GENERAL
section: 35
title: Regulations
content:
35. —(1) The Minister may make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for all or any of the following matters: ( a ) the registration of registered corporate service providers; ( b ) the registration of registered qualified individuals; ( c ) the criteria for qualified individuals; ( d ) the duties and responsibilities of registered corporate service providers and registered qualified individuals in respect of the provision of corporate services, including — (i) the duty to ensure proper access and use of the electronic transaction system and (where applicable) to supervise agents and employees of the registered corporate service providers for such purposes; (ii) the duty to keep proper records in respect of every ACRA transaction with the ACRA Registrar, including where the ACRA transaction is carried out other than through the electronic transaction system; (iii) the duty to give the Registrar information, access to premises and records, and other reasonable assistance, for the purposes of inspection and monitoring for compliance with such prescribed duties; and (iv) the duty to assess, and to report to the Registrar on, their compliance with their duties and responsibilities; ( e ) the manner in which any information may be published or disclosed under section 32; ( f ) the fees to be paid in respect of any application under this Act and otherwise in connection with the administration of this Act, and the waiver, remission or refund (in whole or in part) of the fees; ( g ) the manner in which fees and penalties are to be paid. (3) Regulations made under this section may — ( a ) provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 3 years or with both; ( b ) prescribe the offences under this Act that may be compounded; and ( c ) provide for such saving, transitional and other consequential, incidental and supplemental provisions as are necessary or expedient for the purposes of this Act. (4) Regulations made under subsection (2)( d ) may provide for different duties and responsibilities for the provision of different types of corporate services.


document_id: cspa-2024
provision_ref: s36
chapter: PART 8 - CONSEQUENTIAL AND RELATED
section: 36
title: Amendment of ACRA Act
content:
36. In the ACRA Act — ( a ) in section 26, delete the definitions of “FATF”, “FATF recommendation”, “filing agent” and “qualified individual”; ( b ) in section 26, replace the definitions of “registered filing agent” and “registered qualified individual” with — “ “registered corporate service provider” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024; ”; ( c ) in section 27(1)( d ), replace “; and” at the end with a full‑stop; ( d ) in section 27(1), delete paragraph ( e ); ( e ) in section 28(2), replace “registered filing agent” with “registered corporate service provider for providing the service mentioned in paragraph ( f )(i) of the definition of “corporate service” in section 2(1) of the Corporate Service Providers Act 2024”; ( f ) in section 28, replace subsection (3) with — “ (3) A person who carries on a business of acting as a secretary of one or more companies may carry out a transaction with the Registrar using the electronic transaction system for any such company in the person’s capacity as a secretary of the company, if and only if the person is a registered corporate service provider for providing the service mentioned in paragraph ( f )(ii) of the definition of “corporate service” in section 2(1) of the Corporate Service Providers Act 2024. ”; ( g ) in section 28(4), after “Subsection (2)”, insert “or (3)”; ( h ) delete sections 31 to 34; ( i ) in section 35(2), delete paragraph ( a ); ( j ) in section 35(2), replace paragraph ( b ) with — “ ( b ) prescribe the persons to whom, and the transactions to which, the requirement under section 28(2) or (3) does not apply; ”; ( k ) in section 35(2), delete paragraphs ( c ) to ( f ); ( l ) in section 35(2)( h ), delete “, other than a contravention of a term or condition mentioned in section 31(9) or 32(9),”; ( m ) in section 39, replace subsection (5) with — “ (5) An officer or employee of the Authority may also, in relation to an investigation into — ( a ) a breach of a condition of registration of a registered corporate service provider or registered qualified individual under the Corporate Service Providers Act 2024; or ( b ) a contravention of or a failure to comply with any provision of that Act, the contravention of or non‑compliance with which is not an offence under that Act, exercise the powers under subsection (1) in the same manner as if the breach, contravention or non‑compliance were an offence under this Act. ”; and ( n ) in the Second Schedule, after item 3, insert — “ 3A. Corporate Service Providers Act 2024. ”.


document_id: cspa-2024
provision_ref: s37
chapter: PART 8 - CONSEQUENTIAL AND RELATED
section: 37
title: Amendment of Business Names Registration Act 2014
content:
37. In the Business Names Registration Act 2014, in section 6(3) — ( a ) in the definition of “appropriate person”, in paragraph ( f ), replace “registered filing agent registered under section 31 of the Accounting and Corporate Regulatory Authority Act 2004” with “registered corporate service provider”; ( b ) in the definition of “identification”, in paragraph ( b ), replace the full‑stop at the end with a semi‑colon; and ( c ) after the definition of “identification”, insert — “ “registered corporate service provider” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024. ”.


document_id: cspa-2024
provision_ref: s38
chapter: PART 8 - CONSEQUENTIAL AND RELATED
section: 38
title: Amendment of Companies Act 1967
content:
38. In the Companies Act 1967 — ( a ) in section 4(1), replace the definition of “registered qualified individual” with — “ “registered corporate service provider” and “registered qualified individual” have the meanings given by section 2(1) of the Corporate Service Providers Act 2024; ”; ( b ) after section 145, insert — “ Acting as nominee director 145A. —(1) Subject to subsection (2), a person must not, on or after the appointed day, act as a nominee director of a company by way of business, unless — ( a ) the person is a registered corporate service provider for providing the corporate service of acting, or arranging for another person to act as a director of a corporation; or ( b ) his or her so acting is arranged by a registered corporate service provider for that corporate service. (2) Subsection (1) does not apply where — ( a ) the person acts as a nominee director of his or her affiliated company; or ( b ) the person had commenced acting as a nominee director of the company before the appointed day. (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (4) In this section — “affiliated company”, in relation to a person, means — ( a ) a company that employs the person; or ( b ) a company which by virtue of section 6 is deemed to be related to a corporation that employs the person; “appointed day” means the date of commencement of section 38( b ) of the Corporate Service Providers Act 2024; “nominee director” means a director who is accustomed or under an obligation whether formal or informal to act in accordance with the directions, instructions or wishes of any other person. ”; ( c ) in section 386AB, delete the definition of “registered filing agent”; and ( d ) in the following provisions, replace “registered filing agent” with “registered corporate service provider”: Section 386AG(4) Section 386AH(4) Section 386AI(4).


document_id: cspa-2024
provision_ref: s39
chapter: PART 8 - CONSEQUENTIAL AND RELATED
section: 39
title: Amendment of Limited Liability Partnerships Act 2005
content:
39. In the Limited Liability Partnerships Act 2005 — ( a ) in section 43, replace the definition of “registered filing agent” with — “ “registered corporate service provider” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024; ”; and ( b ) in the following provisions, replace “registered filing agent” with “registered corporate service provider”: Section 48(4) Section 49(4) Section 50(4).


document_id: cspa-2024
provision_ref: s40
chapter: PART 8 - CONSEQUENTIAL AND RELATED
section: 40
title: Amendment of Variable Capital Companies Act 2018
content:
40. In the Variable Capital Companies Act 2018, in section 2(1), replace the definition of “registered qualified individual” with — “ “registered qualified individual” has the meaning given by section 2(1) of the Corporate Service Providers Act 2024; ”.


document_id: cspa-2024
provision_ref: s41
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 41
title: Interpretation of this Part
content:
41. In this Part — “ACRA RQI” means a qualified individual registered by the Chief Executive under section 32 of the old ACRA Act; “Chief Executive” has the meaning given by section 2(1) of the ACRA Act; “old ACRA Act” means the ACRA Act as in force immediately before the section 36 commencement date; “registered filing agent” means a filing agent registered by the Chief Executive under section 31 of the old ACRA Act; “section 7 commencement date” means the date of commencement of section 7; “section 10 commencement date” means the date of commencement of section 10; “section 36 commencement date” means the date of commencement of section 36.


document_id: cspa-2024
provision_ref: s42
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 42
title: Saving and transitional provisions for carrying on business of providing corporate services
content:
42. —(1) Despite anything in this Act, every person who — ( a ) immediately before the section 7 commencement date, was carrying on a business of providing any corporate service; ( b ) was not required to be registered as a registered filing agent under section 31 of the ACRA Act as in force immediately before that date; and ( c ) on or after that date, would be required under section 7(1) to be registered as a registered corporate service provider to carry on that business, may continue carrying on that business on or after the section 7 commencement date for the period mentioned in subsection (2). (2) For the purposes of subsection (1), the period is — ( a ) 6 months after the section 7 commencement date; or ( b ) if the person has applied for registration as a registered corporate service provider for providing the corporate service before the expiry of the 6‑month period mentioned in paragraph ( a ), a period ending on the earlier of the following: (i) the date on which the Registrar grants the registration; (ii) the date on which the application for registration is finally refused or withdrawn. (3) Despite anything in this Act, a person who, immediately before the section 7 commencement date, was a registered filing agent under section 31 of the ACRA Act as in force immediately before that date is, on or after that date, treated as registered under section 8 as a registered corporate service provider for providing the corporate service mentioned in paragraph ( f )(i) of the definition of “corporate service” in section 2(1) until the expiry of the period of his, her or its registration as a registered filing agent. (4) For the purposes of subsection (3), where the registration of the person under section 31 of the ACRA Act is subject to any terms and conditions, then the deemed registration of the person as a registered corporate service provider is subject to the same terms and conditions as if those terms and conditions were imposed under section 8(3). (5) Where — ( a ) an application is made by a person for registration as a registered filing agent before the section 36 commencement date; and ( b ) the application is pending immediately before that date, the application is treated, on or after that date, as an application made by the person to the Registrar under section 8 for registration as a registered corporate service provider for providing the corporate service mentioned in paragraph ( f )(i) of the definition of “corporate service” in section 2(1).


document_id: cspa-2024
provision_ref: s43
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 43
title: Saving and transitional provisions for regulatory action against registered filing agents, etc.
content:
43. —(1) Where — ( a ) before the section 36 commencement date, the Chief Executive gave notice under section 31(15) of the old ACRA Act to a registered filing agent of the Chief Executive’s intention to take any action under section 31(10)( a ), ( b ) or ( c ), (13) or (14) of that Act in respect of the registered filing agent; and ( b ) the Chief Executive has not made a decision in respect of the matter before that date, the Chief Executive may continue to make a decision in respect of the taking of the action under section 31(10)( a ), ( b ) or ( c ), (13) or (14) of the old ACRA Act and take the action, as if section 36 had not been enacted. (2) Subject to subsection (3), where — ( a ) the Chief Executive has taken or made a decision to take an action against a registered filing agent — (i) in accordance with section 31(10)( a ), ( b ) or ( c ), (13) or (14) of the old ACRA Act before the section 36 commencement date; or (ii) in accordance with subsection (1) on or after the section 36 commencement date; and ( b ) the registered filing agent is a registered corporate service provider under this Act, then — ( c ) the ground on which the Chief Executive has taken or made the decision to take an action against the registered filing agent is treated as a ground on which an action may be taken under section 18(1) or 19(2) or (3); and ( d ) the action continues in force as if it were taken under that provision. (3) Where — ( a ) the Chief Executive suspends the registration of a registered filing agent — (i) in accordance with section 31(13) or (14) of the old ACRA Act before the section 36 commencement date; or (ii) in accordance with subsection (1) on or after the section 36 commencement date; and ( b ) the registered filing agent is a registered corporate service provider under this Act, the following apply: ( c ) the suspension of the registration is treated as a suspension imposed under section 19(2) or (3); ( d ) the suspension continues for the period determined by the Chief Executive, unless the suspension is earlier revoked by the Registrar under this Act. (4) Where — ( a ) on or after the section 36 commencement date, the Registrar discovers or is informed of any breach or alleged breach of a term or condition of registration of a registered filing agent that occurred or is alleged to have occurred before the section 36 commencement date; and ( b ) the registered filing agent is a registered corporate service provider under this Act, the Registrar may commence an investigation and take regulatory action in respect of the breach or alleged breach under this Act, and for this purpose the breach or alleged breach is treated as a breach or alleged breach of a condition of registration of the registered corporate service provider under this Act. (5) Where — ( a ) an appeal has been made by a registered filing agent to the Minister under section 33(3) of the old ACRA Act before the section 36 commencement date; and ( b ) the appeal has not been dealt with or disposed of immediately before that date, the appeal may be dealt with and disposed of by the Minister in accordance with section 33 of the old ACRA Act, as if section 36 had not been enacted.


document_id: cspa-2024
provision_ref: s44
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 44
title: Saving and transitional provisions for registered qualified individuals
content:
44. —(1) Despite anything in this Act, a person who, immediately before the section 10 commencement date, was an ACRA RQI under section 32 of the ACRA Act as in force immediately before that date (called in this section the old section 32) is, on or after that date, treated as registered under section 10 as a registered qualified individual until the expiry of the period of his or her registration as an ACRA RQI. (2) For the purposes of subsection (1), where the registration of the person as an ACRA RQI under the old section 32 is subject to any terms and conditions, then the deemed registration of the person as a registered qualified individual is subject to the same terms and conditions as if those terms and conditions were imposed under section 10(3). (3) Where — ( a ) an application is made by an individual for registration as an ACRA RQI before the section 36 commencement date; and ( b ) the application is pending immediately before that date, the application is treated, on or after that date, as an application made by the individual to the Registrar under section 10 for registration as a registered qualified individual.


document_id: cspa-2024
provision_ref: s45
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 45
title: Saving and transitional provisions for regulatory action against ACRA RQIs, etc.
content:
45. —(1) Where — ( a ) before the section 36 commencement date, the Chief Executive gave notice under section 32(15) of the old ACRA Act to an ACRA RQI of the Chief Executive’s intention to take any action under section 32(10)( a ) or ( b ), (12), (13) or (14) of that Act in respect of the ACRA RQI; and ( b ) the Chief Executive has not made a decision in respect of the matter before that date, the Chief Executive may continue to make a decision in respect of the taking of the action under section 32(10)( a ) or ( b ), (12), (13) or (14) of the old ACRA Act and take the action, as if section 36 had not been enacted. (2) Subject to subsection (3), where — ( a ) the Chief Executive has taken or made a decision to take an action against an ACRA RQI — (i) in accordance with section 32(10)( a ) or ( b ), (12), (13) or (14) of the old ACRA Act before the section 36 commencement date; or (ii) in accordance with subsection (1) on or after the section 36 commencement date; and ( b ) the ACRA RQI is a registered qualified individual under this Act, then — ( c ) the ground on which the Chief Executive has taken or made the decision to take an action against the ACRA RQI is treated as a ground on which an action may be taken under section 20(1) or 21(2) or (3); and ( d ) the action continues in force as if it were taken under that provision. (3) Where — ( a ) the Chief Executive suspends the registration of an ACRA RQI — (i) in accordance with section 32(12), (13) or (14) of the old ACRA Act, before the section 36 commencement date; or (ii) in accordance with subsection (1) on or after the section 36 commencement date; and ( b ) the ACRA RQI is a registered qualified individual under this Act, the following apply: ( c ) the suspension of the registration is treated as a suspension imposed under section 21(2) or (3); ( d ) the suspension continues for the period determined by the Chief Executive, unless the suspension is earlier revoked by the Registrar under this Act. (4) Where — ( a ) on or after the section 36 commencement date, the Registrar discovers or is informed of any breach or alleged breach of a term or condition of registration of an ACRA RQI that occurred or is alleged to have occurred before that date; and ( b ) the ACRA RQI is a registered qualified individual under this Act, the Registrar may commence an investigation and take regulatory action in respect of the breach or alleged breach under this Act, and for this purpose the breach or alleged breach is treated as a breach or alleged breach of a condition of registration of the registered qualified individual under this Act. (5) Where — ( a ) an appeal has been made by an ACRA RQI to the Minister under section 33(3) of the old ACRA Act before the section 36 commencement date; and ( b ) the appeal has not been dealt with or disposed of immediately before that date, the appeal may be dealt with and disposed of by the Minister in accordance with section 33 of the old ACRA Act, as if section 36 had not been enacted.


document_id: cspa-2024
provision_ref: s46
chapter: PART 9 - SAVING AND TRANSITIONAL PROVISIONS
section: 46
title: Saving and transitional provisions
content:
46. —(1) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient. (2) To avoid doubt, nothing in this Part affects section 16 of the Interpretation Act 1965.


document_id: csta-2018
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “ancillary facility”, in relation to a common services tunnel, means — ( a ) any electrical substation, electrical switch room, generator set room or control centre used for the purposes of the common services tunnel; and ( b ) any ancillary structure; “ancillary structure”, in relation to a common services tunnel, means — ( a ) any entrance to or exit from the common services tunnel; ( b ) any passage, corridor or stairway connecting an entrance to or exit from the common services tunnel; ( c ) any ventilation opening, duct or shaft necessary for the operation or functioning of the common services tunnel; and ( d ) any supporting physical structure necessary for the operation or functioning of the common services tunnel; “authorised officer” means an authorised officer appointed under section 5(1); “authorised person” has the meaning given by section 9(7); “common services tunnel” or “CST” means a system of underground concrete structures within a common services tunnel area used or intended to be used for the purpose of the housing and distribution of utility services to land within and outside the area; “common services tunnel area” or “CST area” means an area declared as a common services tunnel area under section 6; “Common Services Tunnels Authority” or “CST Authority”, in relation to any provision of this Act or CST area, means — ( a ) any CST Authority appointed under section 4 to be responsible for the administration of that provision; and ( b ) if different CST Authorities are appointed under section 4 for different CST areas, the CST Authority appointed for that CST area; “entrance” or “exit”, in relation to a common services tunnel, includes a manhole leading to or from, as the case may be, the common services tunnel; “land” includes buildings, premises, easements and hereditaments of any tenure; “occupier” means a person in occupation of any land and includes the person having the charge, management or control of the land either on his or her own account or as an agent of another person; “private land” means any land other than public land; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public land” means any of the following land, whether publicly accessible or not: ( a ) State land; ( b ) common property or open space vested in or under the care, control or management of the Housing and Development Board established under the Housing and Development Act 1959 or a Town Council established under the Town Councils Act 1988; or ( c ) any land vested in or under the care, control or management of any other public authority by the operation of written law; “utility service” means — ( a ) for electricity — (i) the distribution of electricity through an electricity network; (ii) the transmission of electricity through an electricity network; (iii) the generation of electricity connected to an electricity network; or (iv) the provision by a person to another person of an electricity connection service; ( b ) for gas — (i) the distribution of gas through a gas distribution network; (ii) the transmission of gas through a gas transmission network; or (iii) the provision by a person to another person of a gas connection service; ( c ) for water — (i) the collection or treatment, or both, of water for distribution through a water network; (ii) the provision by a person to another person of a water connection service; (iii) the making of a water network available for the provision of a water connection service; (iv) the distribution of water through a water network; or (v) the supply of water from a water network by a person to the premises of another person for consumption or use; ( d ) for sewerage — (i) the provision by a person to another person of a sewerage connection service; (ii) the making of a sewerage network available for the provision of a sewerage connection service; or (iii) the provision by a person to another person of a sewerage service; ( e ) the provision by a person to another person of a broadcasting service (within the meaning of the Broadcasting Act 1994) or a telecommunication service (within the meaning of the Telecommunications Act 1999); ( f ) the provision by a person to another person of the service of draining stormwater or surface water, or of pneumatic refuse removal; or ( g ) the provision by a person of such other service prescribed as a utility service for the purposes of this Act; “utility services infrastructure” means any cables, wires, lines, pipes, or ducts used, or for use, in relation to the provision of any utility service, and includes any of the following: ( a ) powerlines, substations and equipment for monitoring, distributing, converting, transforming or controlling electricity; ( b ) pipelines, meters or equipment (such as pressure control devices, excess flow valves, actuators, electrical equipment, telemetry equipment and protection installations) used, or for use, in relation to the transmission or distribution of gas; ( c ) water storages, mains and treatment plants, pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water for supply to premises; ( d ) sewerage storages, trunk sewers, mains and treatment plants, pumps, facilities and equipment for conveying sewerage, or monitoring or controlling the conveyance of sewerage. (2) In this Act — ( a ) a reference to the maintenance and repair of a common services tunnel — (i) means maintaining, repairing or improving the structure of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the common services tunnel safe, functional and operational; and (ii) includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities laid, placed, installed or housed within the common services tunnel that are — (A) utility services infrastructure; or (B) used, or for use, in relation to the operation and functioning of the common services tunnel itself; and ( b ) a reference to the maintenance and repair of an ancillary facility of a common services tunnel — (i) means maintaining, repairing or improving the structure of the ancillary facility of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the ancillary facility of the common services tunnel safe, functional and operational; and (ii) includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities that are necessary — (A) for the use or functioning of the ancillary facility; or (B) for the operation and functioning of the common services tunnel itself.


document_id: csta-2018
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is — ( a ) to establish common services tunnel areas; ( b ) to ensure the safe and efficient operation and functionality of common services tunnels and any ancillary facility of a common services tunnel; ( c ) to require suppliers of utility services to execute agreements to use a common services tunnel for the purpose of laying, placing or installing, or to house, their utility services infrastructure; ( d ) to secure the right of access by authorised officers, authorised persons and persons authorised by authorised officers to any common services tunnel and any ancillary facility of the common services tunnel; and ( e ) to ensure the upkeep of any ancillary facility of a common services tunnel by owners and occupiers of land on which the ancillary facility is located.


document_id: csta-2018
provision_ref: s4
chapter: PART 2 - ADMINISTRATION
section: 4
title: Common Services Tunnels Authority
content:
4. —(1) The Minister may appoint a person to be a Common Services Tunnels Authority responsible for the administration of this Act. (2) For the purposes of subsection (1), the Minister may — ( a ) appoint different Common Services Tunnels Authorities to be responsible — (i) for the whole or any provision of this Act, or for different regulations made under this Act; and (ii) for different common services tunnel areas; and ( b ) specify the extent and manner in which the responsibility mentioned in paragraph ( a ) is to be exercised. (3) Where a public authority is appointed by the Minister under subsection (1) to be a CST Authority responsible for the operation of this Act, for any particular Part or provision of this Act or for any particular regulations made under this Act, whether in respect of all common services tunnel areas or any common services tunnel area — ( a ) it is the function and duty of the public authority to do so in accordance with that subsection, in addition to such functions and duties imposed on the public authority under any other written law; and ( b ) the public authority is deemed to be fulfilling the purposes of the Act constituting that public authority, and the provisions of that Act apply to the public authority in respect of that function and duty.


document_id: csta-2018
provision_ref: s5
chapter: PART 2 - ADMINISTRATION
section: 5
title: Authorised officers
content:
5. —(1) A CST Authority may, by name or office, appoint as an authorised officer — ( a ) any public officer; or ( b ) any employee of an approved public authority. (2) An authorised officer is subject to the direction and control of the CST Authority that appointed the authorised officer. (3) An authorised officer appointed under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871. (4) In subsection (1)( b ), “approved public authority” means a public authority which is approved by the Minister for the purposes of this section.


document_id: csta-2018
provision_ref: s6
chapter: PART 3 - COMMON SERVICES TUNNEL AREAS
section: 6
title: Declaration of common services tunnel areas
content:
6. —(1) The Minister may, from time to time, by notification in the Gazette , declare an area to be a common services tunnel area. (2) The area that may be declared a common services tunnel area consists of any area within Singapore within which a common services tunnel and any ancillary facility of the common services tunnel is built or is proposed to be built. (3) A notification under subsection (1) must — ( a ) define the limits of the common services tunnel area; or ( b ) state that a plan of the common services tunnel area may be inspected at a place and within such time as is specified in the notification.


document_id: csta-2018
provision_ref: s7
chapter: PART 3 - COMMON SERVICES TUNNEL AREAS
section: 7
title: Changes to common services tunnel area
content:
7. —(1) The Minister may, by notification in the Gazette — ( a ) revoke any declaration made under section 6(1); or ( b ) modify an area declared as a common services tunnel area under section 6(1). (2) A notification under subsection (1)( b ) modifying an area declared as a common services tunnel area must — ( a ) define the part of the common services tunnel area that is modified; or ( b ) provide that a plan of the modification of the common services tunnel area may be inspected at a place and within such time as is specified in the notification.


document_id: csta-2018
provision_ref: s8
chapter: PART 3 - COMMON SERVICES TUNNEL AREAS
section: 8
title: Notice of declaration and modification of declaration
content:
8. —(1) Before making any declaration under section 6(1) or modifying a declaration under section 7(1)( b ), the Minister must give advance notice in the Gazette of the Minister’s intention to make or modify the declaration. (2) The notice mentioned in subsection (1) — ( a ) must either — (i) define the area that is proposed to be declared as a common services tunnel area or the part of common services tunnel area that is proposed to be modified; or (ii) provide that a plan of the proposed common services tunnel area or of the part of the common services tunnel area proposed to be modified may be inspected at a place and within such time as is specified in the notice; and ( b ) must specify the time (not being less than 28 days after the publication of the notice in the Gazette ) within which written representations with respect to the intended declaration or modification of the declaration may be made. (3) The Minister must consider any written representation that is made within the time specified in the notice under subsection (2)( b ). (4) The decision of the Minister after considering any written representation is final.


document_id: csta-2018
provision_ref: s9
chapter: PART 4 - POWERS IN RELATION TO COMMON
section: 9
title: Power to access common services tunnel
content:
9. —(1) An authorised person may enter any land situated within a common services tunnel area in order — ( a ) to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and ( b ) to carry out any work and do all things necessary for — (i) the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or (ii) the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area. (2) For the purposes of subsection (1), an authorised person must not enter any land that is occupied without giving the owner or occupier of the land at least 7 days’ notice of intention to do so unless — ( a ) the authorised person is of the opinion that an emergency exists which necessitates immediate entry; or ( b ) the entry is required only for the purpose of an inspection or a survey. (3) A notice of intention mentioned in subsection (2) — ( a ) must describe the purpose of the entry and the nature of any work to be carried out; and ( b ) is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered. (4) The authorised person may — ( a ) as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and ( b ) in relation to that land, exercise such powers as often as the occasion may require. (5) Any authorised person under this section entering any land must, if so required by the owner or occupier of the land, produce evidence of the authorised person’s authority before so entering. (6) An authorised person is not liable to pay any owner or occupier of any private land any fee, charge or expense on account of any entry to the land or of anything done to the land under this section. (7) In this section — “authorised person” means — ( a ) an authorised officer; or ( b ) any of the following persons authorised in writing by an authorised officer for the purposes of this section: (i) a public officer; (ii) an employee of a public authority; (iii) a contractor; (iv) a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel; (v) an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv); “contractor” means a person appointed or engaged by a CST Authority or a public authority to do one or both of the following: ( a ) to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel; ( b ) to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.


document_id: csta-2018
provision_ref: s10
chapter: PART 4 - POWERS IN RELATION TO COMMON
section: 10
title: Power to prevent obstruction to ancillary structures of common services tunnel
content:
10. —(1) A person must not, without the written approval of an authorised officer — ( a ) erect or place any structure or object across or within any ancillary structure of a common services tunnel that is within a common services tunnel area; or ( b ) obstruct or cause an obstruction to any ancillary structure of a common services tunnel that is within a common services tunnel area. (2) If any structure or object is erected or placed, or any obstruction is caused, in contravention of subsection (1), an authorised officer may by order in writing require a specified person, within such time as may be specified in the order, to — ( a ) remove the structure, object or obstruction; and ( b ) return the ancillary structure of the common services tunnel to its original state and condition. (3) An authorised officer may cause the structure, object or obstruction mentioned in subsection (1) to be removed — ( a ) if the specified person fails to comply with the order under subsection (2); or ( b ) if access to or through the ancillary structure of a common services tunnel is required immediately. (4) The cost of removing a structure, object or obstruction may be recovered by the authorised officer as a civil debt in a court of competent jurisdiction — ( a ) where the structure, object or obstruction was removed under subsection (3)( a ), from the specified person to whom the order under subsection (2) was served; or ( b ) where the structure, object or obstruction was removed under subsection (3)( b ), from the owner or occupier of the land from which the structure, object or obstruction was removed. (5) A person who contravenes subsection (1), or a specified person who fails to comply with an order under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (6) In this section, “specified person” means any one or more of the following: ( a ) a person who erected or placed the structure or object, or who obstructs or is causing or caused the obstruction, mentioned in subsection (1); ( b ) the owner or occupier of the land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located; ( c ) any other person having the power to remove the structure, object or obstruction mentioned in subsection (1). (7) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or a public authority.


document_id: csta-2018
provision_ref: s11
chapter: PART 4 - POWERS IN RELATION TO COMMON
section: 11
title: Power to require upkeep of ancillary structures
content:
11. —(1) An owner or occupier of land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located must take reasonable measures to keep and maintain the ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair. (2) An authorised officer may by order in writing require the owner or occupier of the land mentioned in subsection (1) to take such measures and carry out such works, within the time specified in the order, as the authorised officer thinks reasonably necessary to keep and maintain any ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair. (3) The cost of any measures or works required to be carried out by an order under subsection (2) must be borne by the owner or occupier of the land on whom the order is served. (4) An owner or occupier of the land who, without reasonable excuse, contravenes subsection (1) or fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (5) Where an owner or occupier of the land on whom an order under subsection (2) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that owner or occupier under subsection (4). (6) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (5) may be recovered from the owner or occupier of the land who failed to comply with the order served under subsection (2) as a civil debt in a court of competent jurisdiction. (7) For the purposes of this section, a reference to the owner or occupier of land does not include the Government or a public authority.


document_id: csta-2018
provision_ref: s12
chapter: PART 4 - POWERS IN RELATION TO COMMON
section: 12
title: Engineering works within common services tunnel protection zone
content:
12. —(1) A person must not, without the prior written approval of an authorised officer, carry out any engineering works within a common services tunnel protection zone. (2) The approval of an authorised officer under subsection (1) may be subject to such conditions as the authorised officer considers necessary, including any condition — ( a ) to prevent damage by those engineering works to any common services tunnel, or any ancillary facility of the common services tunnel, or both; and ( b ) to ensure the safe and efficient operation and functioning of any common services tunnel, or any ancillary facility of the common services tunnel, or both. (3) Without limiting subsection (2), the conditions that may be imposed by an authorised officer include the construction, in accordance with the specifications of the authorised officer, of such temporary or permanent structures in addition to or in place of any existing part of any ancillary facility of the common services tunnel. (4) A modification to an ancillary facility of the common services tunnel, or a replacement of an ancillary facility of the common services tunnel, made pursuant to a condition of approval under subsection (2) is to be treated as if it were one and the same as the original ancillary facility of the common services tunnel, and as subject to this Act as such. (5) Where any works or other activity is carried out in contravention of subsection (1) or any condition imposed under subsection (2), an authorised officer may, by order in writing, require any specified person to do one or more of the following: ( a ) immediately stop carrying on those engineering works, either indefinitely or for a period specified in the order; ( b ) carry out, within a time specified in the order, such works as the authorised officer thinks necessary to protect the common services tunnel and any ancillary facility of the common services tunnel; ( c ) return the common services tunnel, and any ancillary facility of the common services tunnel, to its original state and condition within a time specified in the order. (6) Where a specified person on whom an order under subsection (5)( b ) or ( c ) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land to which the order relates, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that specified person under subsection (8). (7) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (6) may be recovered from the person who failed to comply with the order served under subsection (5)( b ) or ( c ) as a civil debt in a court of competent jurisdiction. (8) A person who contravenes subsection (1) or fails to comply with any condition imposed under subsection (2), or a specified person who fails to comply with an order under subsection (5), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (9) In this section — “common services tunnel protection zone” means an area within the CST area for a common services tunnel — ( a ) declared by a CST Authority for the CST area as an area where engineering works may affect the safe and efficient operation and functionality of the common services tunnel or any ancillary facility of the common services tunnel; and ( b ) made available to a person seeking to carry out engineering works in the CST area in the prescribed manner; “engineering works” means any kind of construction work that may affect the structural integrity of a common services tunnel or any ancillary facility of a common services tunnel, or its safe and efficient operation and functioning, and includes — ( a ) building works as defined in section 2(1) of the Building Control Act 1989; ( b ) any act of excavating earth, rock or other material (by whatever means) in connection with — (i) any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, structure, road, railway, bridge, viaduct, flyover, drain or sewer; (ii) any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fittings or other apparatus; or (iii) any soil investigation work; ( c ) any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any land or street by any mechanical means; ( d ) the driving or sinking of any earth rod, casing or tube into the ground; and ( e ) any storage or placement of large construction equipment, construction materials and stockpiling of earth or heavy objects; “specified person” means any one or more of the following: ( a ) the person who does or causes or permits to be done any of the works mentioned in subsection (1); ( b ) the owner or occupier of the land on which the works mentioned in subsection (1) are carried on. (10) For the purposes of this section, a reference to a person or specified person does not include the Government, a public authority, or a person acting on behalf of the Government or the public authority.


document_id: csta-2018
provision_ref: s13
chapter: PART 4 - POWERS IN RELATION TO COMMON
section: 13
title: Mandating use of common services tunnel
content:
13. —(1) Without limiting section 12, a supplier of utility services must not lay, place or install, or cause to be laid, placed or installed, on, under or over any public land within a common services tunnel area any utility services infrastructure without the written approval of an authorised officer. (2) An application for written approval under subsection (1) must be made in such manner as may be determined by the authorised officer from whom approval is sought. (3) An application for written approval under subsection (1) may be granted subject to such conditions as the authorised officer considers fit. (4) If an authorised officer considers that it is necessary for the supplier’s utility services infrastructure, or any part of the supplier’s utility services infrastructure, to be laid, placed or installed, or otherwise housed, within a common services tunnel of the common services tunnel area, the authorised officer may require, as a condition precedent for the grant of written approval under subsection (1), that the supplier of utility services execute an agreement for the use of the common services tunnel for purpose for laying, placing or installing, or otherwise housing, the utility services infrastructure with — ( a ) the Government; or ( b ) if the common services tunnel is owned by a person other than the Government, that person. (5) A supplier of utility services who — ( a ) contravenes subsection (1); or ( b ) breaches any condition subject to which written approval was granted under subsection (3), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction. (6) In this section, “supplier of utility services” does not include the Government or a public authority.


document_id: csta-2018
provision_ref: s14
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 14
title: Penalty for obstructing authorised officer, etc., in course of duty
content:
14. Any person who — ( a ) hinders, obstructs or delays an authorised officer, an authorised person or other person authorised by an authorised officer in the performance or execution of his or her duty or of any thing which he or she is empowered or required to do under this Act; or ( b ) interferes with any works authorised or required to be done by any authorised officer, authorised person or other person authorised by an authorised officer under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: csta-2018
provision_ref: s15
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 15
title: Power to require information in respect of contraventions
content:
15. —(1) Where it appears to an authorised officer that there may have been a contravention of any provision of this Act, the authorised officer may serve an information notice to require any person who appears to the authorised officer to be acquainted with the circumstances of the case to furnish the authorised officer, within such time as may be specified in the notice, with information relating to that case which is in the possession or within the knowledge of that person. (2) An information notice under subsection (1) is complied with by giving the required information in writing to the authorised officer. (3) A person who fails to comply with any information notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) If any person — ( a ) makes any statement purporting to comply with a requirement of an information notice which the person knows to be false or misleading in a material particular; or ( b ) recklessly makes such a statement which is false or misleading in a material particular, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: csta-2018
provision_ref: s16
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 16
title: Offences by corporations
content:
16. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of a corporation in relation to a particular conduct, evidence that — ( a ) an officer, employee or agent of the corporation engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the officer, employee or agent had that state of mind, is evidence that the corporation had that state of mind. (2) Where a corporation commits an offence under this Act, a person — ( a ) who is — (i) an officer of the corporation, or a member of the corporation (in the case where the affairs of the corporation are managed by its members); or (ii) an individual involved in the management of the corporation and in a position to influence the conduct of the corporation in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the corporation; or (iii) knew or ought reasonably to have known that the offence by the corporation (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of that same offence as is the corporation, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the corporation if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the corporation would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of the corporation for an offence under this Act, and applies whether or not the corporation is convicted of the offence. (6) In this section — “corporation” includes a limited liability partnership within the meaning of section 2(1) of the Limited Liability Partnerships Act 2005; “officer”, in relation to a corporation, means any director, partner, chief executive, manager, secretary or other similar officer of the corporation, and includes — ( a ) any person purporting to act in any such capacity; and ( b ) for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: csta-2018
provision_ref: s17
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 17
title: Offences by unincorporated associations or partnerships
content:
17. —(1) Where, in a proceeding for an offence under this Act, it is necessary to prove the state of mind of an unincorporated association or a partnership in relation to a particular conduct, evidence that — ( a ) an employee or agent of the unincorporated association or the partnership engaged in that conduct within the scope of his or her actual or apparent authority; and ( b ) the employee or agent had that state of mind, is evidence that the unincorporated association or partnership had that state of mind. (2) Where an unincorporated association or a partnership commits an offence under this Act, a person — ( a ) who is — (i) an officer of the unincorporated association or a member of its governing body; (ii) a partner in the partnership; or (iii) an individual involved in the management of the unincorporated association or the partnership and in a position to influence the conduct of that unincorporated association or that partnership (as the case may be) in relation to the commission of the offence; and ( b ) who — (i) consented or connived, or conspired with others, to effect the commission of the offence; (ii) is in any other way, whether by act or omission, knowingly concerned in, or is party to, the commission of the offence by the unincorporated association or partnership; or (iii) knew or ought reasonably to have known that the offence by the unincorporated association or the partnership (or an offence of the same type) would be or is being committed, and failed to take all reasonable steps to prevent or stop the commission of that offence, shall be guilty of the same offence as is that unincorporated association or that partnership, and shall be liable on conviction to be punished accordingly. (3) A person mentioned in subsection (2) may rely on a defence that would be available to the unincorporated association or partnership if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof as that unincorporated association or that partnership would bear. (4) To avoid doubt, this section does not affect the application of — ( a ) Chapters 5 and 5A of the Penal Code 1871; or ( b ) the Evidence Act 1893 or any other law or practice regarding the admissibility of evidence. (5) To avoid doubt, subsection (2) also does not affect the liability of an unincorporated association or a partnership for an offence under this Act, and applies whether or not the unincorporated association or partnership is convicted of the offence. (6) In this section — “officer”, 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, and includes — ( a ) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and ( b ) any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner; “state of mind” of a person includes — ( a ) the knowledge, intention, opinion, belief or purpose of the person; and ( b ) the person’s reasons for the intention, opinion, belief or purpose.


document_id: csta-2018
provision_ref: s18
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 18
title: Injunctions
content:
18. —(1) Where an authorised officer considers it necessary or expedient for any actual or apprehended breach of this Act to be restrained by injunction, the authorised officer may apply to the General Division of the High Court for an injunction, whether or not the authorised officer has exercised or is proposing to exercise any of his or her other powers under this Part or Part 4. [40/2019] (2) On an application under subsection (1), the General Division of the High Court need not require from the authorised officer any undertaking in damages. [40/2019] (3) On an application under subsection (1), the General Division of the High Court may grant such an injunction as it thinks appropriate for the purpose of restraining the breach. [40/2019]


document_id: csta-2018
provision_ref: s19
chapter: PART 5 - OFFENCES AND ENFORCEMENT
section: 19
title: Composition of offences
content:
19. —(1) An authorised officer may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund.


document_id: csta-2018
provision_ref: s20
chapter: PART 6 - MISCELLANEOUS
section: 20
title: Appeal to Minister
content:
20. —(1) Any person who is aggrieved by any of the following decisions of an authorised officer may, within 14 days after the date on which notice of the decision is served on the person, appeal to the Minister: ( a ) the refusal to give written approval under section 10(1), 12(1) or 13(1); ( b ) an order under section 10(2), 11(2) or 12(5); ( c ) the imposition of any condition of written approval under section 12(2) or 13(3). (2) Despite any appeal made under subsection (1), the order or decision appealed against takes effect and must be complied with unless otherwise ordered by the Minister. (3) The Minister may, after considering the appeal, dismiss or allow the appeal, unconditionally or subject to such conditions as the Minister thinks fit. (4) The Minister may, in considering an appeal under this section, give the appellant an opportunity to make representations in writing. (5) The decision of the Minister in any appeal is final.


document_id: csta-2018
provision_ref: s21
chapter: PART 6 - MISCELLANEOUS
section: 21
title: Minister may designate others to hear appeals
content:
21. —(1) The Minister may designate any of the following persons to hear and determine, in the Minister’s place, any appeal under section 20: ( a ) the Second Minister, if any, for his or her Ministry; ( b ) any Minister of State, including a Senior Minister of State, for his or her Ministry; ( c ) any Parliamentary Secretary, including a Senior Parliamentary Secretary, to his or her Ministry. (2) A reference to the Minister in section 20 includes a reference to a person designated under subsection (1).


document_id: csta-2018
provision_ref: s22
chapter: PART 6 - MISCELLANEOUS
section: 22
title: Service of documents
content:
22. —(1) A document that is permitted or required by this Act to be served on a person may be served as described in this section. (2) A document permitted or required by this Act to be served on an individual may be served — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post to the address specified by the individual for the service of documents or, if no address is so specified, to the individual’s residential address or business address; ( c ) by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; ( d ) by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; ( e ) by sending it by fax to the fax number last known to the person giving or serving the document as the fax number for the service of documents on the individual; or ( f ) by sending it by email to the individual’s last email address. (3) A document permitted or required by this Act to be served on a partnership (other than a limited liability partnership) may be served — ( a ) by giving it to any partner or other similar officer of the partnership; ( b ) by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; or ( d ) by sending it by email to the partnership’s last email address. (4) A document permitted or required by this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served — ( a ) by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; ( b ) by leaving it at, or by sending it by prepaid registered post to, the body corporate’s or unincorporated association’s registered office or principal office in Singapore; ( c ) by sending it by fax to the fax number used at the body corporate’s or unincorporated association’s registered office or principal office in Singapore; or ( d ) by sending it by email to the body corporate’s or unincorporated association’s last email address. (5) Service of a document under this section takes effect — ( a ) if the document is sent by fax and a notification of successful transmission is received, on the day of transmission; ( b ) if the document is sent by email, at the time that the email becomes capable of being retrieved by the person; and ( c ) if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered). (6) A document may be served on a person under this Act by email only with that person’s prior written consent. (7) This section does not apply to documents to be served in proceedings in court. (8) In this section — “business address” means — ( a ) in the case of an individual, the individual’s usual or last known place of business in Singapore; or ( b ) in the case of a partnership (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; “last email address” means — ( a ) the last email address given by the addressee concerned to the person giving or serving the document as the email address for the service of documents under this Act; or ( b ) the last email address of the addressee concerned known to the person giving or serving the document; “residential address” means an individual’s usual or last known place of residence in Singapore.


document_id: csta-2018
provision_ref: s23
chapter: PART 6 - MISCELLANEOUS
section: 23
title: Protection from personal liability
content:
23. No liability shall lie personally against an authorised officer, an authorised person, or other person authorised by an authorised officer who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.


document_id: csta-2018
provision_ref: s24
chapter: PART 6 - MISCELLANEOUS
section: 24
title: Exemption
content:
24. The Minister may, by order in the Gazette , exempt any person or land, or any class of persons or land, from all or any of the provisions of this Act, either generally or in a particular case and subject to such conditions as the Minister may impose.


document_id: csta-2018
provision_ref: s25
chapter: PART 6 - MISCELLANEOUS
section: 25
title: Regulations
content:
25. —(1) The Minister may make regulations for carrying out or giving effect to the purposes and provisions of this Act. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to any of the following matters: ( a ) the procedure for appeals under this Act; ( b ) the fees and charges to be paid in respect of approvals and applications for approval under this Act, and otherwise in connection with the administration of this Act, and the waiver, reduction and refund of such fees and charges. (3) The regulations — ( a ) may be of general or specific application; and ( b ) may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $5,000 or with imprisonment for a term not exceeding 6 months or with both.


document_id: cta-1992
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “auditor” means a public accountant within the meaning of the Companies Act 1967; “Board” means the Enterprise Singapore Board established by section 3 of the Enterprise Singapore Board Act 2018; “business rules”, in relation to a body corporate that maintains or proposes to maintain a commodity market, means the rules, regulations and by-laws, by whatever name called, governing the activities and conduct of — ( a ) the body corporate and its members; ( b ) its clearing house; and ( c ) other persons in relation to the commodity market, whether those rules, regulations or by-laws are made by the body corporate or are contained in the Memorandum and Articles of Association of the body corporate or altered or supplemented by the Board; “clearing house”, in relation to a commodity market, means a body corporate that — ( a ) clears and settles commodity contracts; and ( b ) makes adjustments to the contractual obligations arising out of those commodity contracts; “commodity” means any produce, item, goods or article that is the subject of any — ( a ) commodity forward contract; ( b ) leveraged commodity trading; ( c ) contract made pursuant to trading in differences; or ( d ) spot commodity trading, and includes an index, a right or an interest in such commodity, and such other index, right or interest of any nature as the Board may, by notification in the Gazette , prescribe to be a commodity; but does not include any produce, item, goods or article that is the subject of a commodity futures contract and any index, right or interest in such produce, item, goods or article; “commodity broker” means a person who (whether as principal or agent) carries on the business of soliciting, or accepting orders, for the purchase or sale of any commodity by way of or relating to any commodity contract, whether or not the business is part of, or is carried on in conjunction with, any other business; “commodity broker’s representative” means a person who acts for, or by arrangement with, a commodity broker (other than a person who is a director of a corporation holding a commodity broker’s licence or is a person who is in the direct employment of a commodity broker) and who performs any of the functions of that commodity broker in connection with trading in commodity forward contracts, or in any leveraged commodity trading, whether the person’s remuneration is by way of commission or otherwise; “commodity contract” means — ( a ) a commodity forward contract; ( b ) any contract made pursuant to trading in differences with respect to a commodity, not being a commodity futures contract; or ( c ) any contract made pursuant to a transaction in leveraged commodity trading; “commodity forward contract” means a contract the effect of which is that one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time, but does not include a commodity futures contract; “commodity futures contract” means — ( a ) a contract the effect of which is that — (i) one party agrees to deliver a specified commodity, or a specified quantity of a specified commodity, to another party at a specified future time and at a specified price payable at that time pursuant to the terms and conditions set out in the business rules of a futures market or pursuant to the business practices of a futures market; or (ii) the parties will discharge their obligations under the contract by settling the difference between the value of a specified quantity of a specified commodity agreed at the time of the making of the contract and at a specified future time, such difference being determined in accordance with the business rules or practices of the futures market at which the contract is made; or ( b ) such other contract or class of contracts as the Board may prescribe, and includes a futures option transaction; “commodity market” means — ( a ) a market, whether in Singapore or elsewhere, at which commodity contracts are regularly made; or ( b ) an electronic system, whether operating in Singapore or elsewhere, through which trading in commodity contracts is carried out, but excludes an electronic facility which merely provides price or other information relating to commodity contracts (whether that facility is part of or carried on in conjunction with the provision of any other information not related to commodity contracts) and which does not permit users of the facility to channel orders for, execute transactions in, or make markets in, commodity contracts; “commodity pool operator” means any person who carries on a business in the nature of a collective investment scheme within the meaning of section 2 of the Securities and Futures Act 2001 and who, in connection therewith, accepts or receives from other persons funds, security or property, either directly or through capital contributions, the sale of shares or other forms of security or otherwise for the purpose of trading in commodity contracts but does not include any person that the Board may prescribe; “commodity pool operator’s representative” means a person in the direct employment of, or acting for, or by arrangement with, a commodity pool operator, who performs for that commodity pool operator any of the functions of a commodity pool operator; “commodity trading adviser” means any person who — ( a ) carries on the business of advising others (directly or indirectly, through publications or writings, or by whatever means or media) on the making of commodity contracts, including the advisability of trading in any commodity contract made or to be made on, or subject to the business rules of, a commodity market; ( b ) as part of a regular business, issues or promulgates analyses or reports concerning the making of commodity contracts; or ( c ) pursuant to a contract or an arrangement with a customer or other person, undertakes on behalf of that customer or other person (whether on a discretionary authority or otherwise granted by the customer or other person) to make any commodity contract for the purposes of managing the client’s funds, but does not include — (i) a bank or merchant bank licensed under the Banking Act 1970; (ii) a commodity broker, commodity broker’s representative, commodity pool operator or commodity pool operator’s representative; (iii) a person who carries on the business of printing or publishing a newspaper and is the holder of a permit issued under the Newspaper and Printing Presses Act 1974 where — (A) insofar as the newspaper is distributed generally to the public it is distributed only to subscribers to, and purchasers of, the newspaper for value; (B) the advice is given or the analyses or reports are issued or promulgated only through that newspaper; and (C) that person receives no commission or other consideration for giving the advice or for issuing or promulgating the analyses or reports; and (iv) any other person that the Board may prescribe, if and only if the carrying on of the business by the abovementioned persons is solely incidental to the carrying on of their business; “commodity trading adviser’s representative” means — ( a ) a person in the direct employment of, or acting for, or by arrangement with, a commodity trading adviser, who performs for that commodity trading adviser any of the functions of a commodity trading adviser (other than work ordinarily performed by accountants, clerks or cashiers) whether his or her remuneration is by way of salary, wages, commission or otherwise; and ( b ) where the commodity trading adviser is a corporation, includes any director, member or officer of the corporation who is not the holder of a commodity trading adviser’s licence and who performs for that corporation any of the functions of a commodity trading adviser (whether or not his or her remuneration is by way of salary, wages, commission or otherwise); “corporation” has the meaning given by the Companies Act 1967; “customer” means a person on whose account a commodity broker carries on trading in commodity contracts; “director” has the meaning given by the Companies Act 1967; “financial year” has the meaning given by the Companies Act 1967; “futures market” and “futures option transaction” have the meanings given to those expressions in the Securities and Futures Act 2001; “leveraged commodity trading” means — ( a ) the act of entering into or offering to enter into, or inducing or attempting to induce a person to enter into or offer to enter into, a contract or an arrangement on a margin basis (other than a commodity futures contract) whereby a person undertakes as determined by the terms and conditions of the contract or arrangement — (i) to make an adjustment between the person and another person according to whether a commodity is worth more or less, at a specified point in time; (ii) to pay an amount of money determined or to be determined by reference to the change in value of a commodity over a specified period of time; or (iii) to deliver to another person at an agreed future time an agreed amount of commodities at an agreed price; ( b ) the provision by any person referred to in paragraph ( a ) of any advance, credit facility or loan, directly or indirectly, to facilitate an act of the description referred to in that paragraph; or ( c ) the act of entering into or offering to enter into, or inducing or attempting to induce a person to enter into, an arrangement with another person (whether on a discretionary basis or otherwise) to enter into any contract to facilitate an act of the description referred to in paragraph ( a ) or ( b ); “member” means a person who holds a membership of any class or description of a commodity market whether or not the person holds any share in the share capital of that commodity market; “officer” has the meaning given by the Companies Act 1967; “spot commodity broker” means a person whether as principal or agent who carries on the business of soliciting or accepting orders, for the purchase or sale of any commodity by way of spot commodity trading, whether or not the business is part of, or is carried on in conjunction with, any other business, but does not include a commodity broker; “spot commodity broker’s representative” means a person who acts for, or by arrangement with, a spot commodity broker (other than a person who is a director of a corporation holding a spot commodity broker’s licence or is a person who is in the direct employment of a spot commodity broker) and who performs any of the functions of that spot commodity broker in connection with spot commodity trading, whether the person’s remuneration is by way of commission or otherwise, but does not include a commodity broker’s representative; “spot commodity pool operator” means any person who carries on a business in the nature of a collective investment scheme within the meaning of section 2 of the Securities and Futures Act 2001 and who, in connection therewith, accepts or receives from other persons funds, security or property, either directly or through capital contributions, the sale of shares or other forms of security or otherwise for the purpose of spot commodity trading, but does not include a commodity pool operator; “spot commodity pool operator’s representative” means a person in the direct employment of, or acting for, or by arrangement with, a spot commodity pool operator, who performs for that spot commodity pool operator any of the functions of a spot commodity pool operator, but does not include a commodity pool operator’s representative; “spot commodity trading” means the purchase or sale of a commodity at its current market or spot price, where it is intended that such transaction results in the physical delivery of the commodity. [10/2018; 1/2020]


document_id: cta-1992
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application
content:
3. This Act does not apply to — ( a ) the Singapore Exchange Derivatives Clearing Ltd; ( b ) a person operating a clearing facility within the meaning of the Securities and Futures Act 2001 who — (i) has notified the Monetary Authority of Singapore of the person’s intent to operate the clearing facility under section 49 of that Act; or (ii) is exempted under section 53 of that Act; ( c ) the holder of a capital markets services licence under the Securities and Futures Act 2001 in respect of leveraged foreign exchange trading, when acting lawfully under that Act, but only to the extent that the activities carried out by such person are regulated under the Securities and Futures Act 2001.


document_id: cta-1992
provision_ref: s4
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 4
title: Establishment of commodities markets
content:
4. —(1) No person may establish or maintain, assist in establishing or maintaining or hold the person out as providing or maintaining any commodity market unless the commodity market has been approved by the Board under section 5(2). (2) As from 8 October 2018, subsection (1) ceases to apply in relation to any commodity market — ( a ) that is established on or after that date; or ( b ) that was approved under subsection (1) before that date, to the extent that it relates to commodity forward contracts. [4/2017] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cta-1992
provision_ref: s5
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 5
title: Power of Board to approve commodity market
content:
5. —(1) A body corporate may apply to the Board for approval as a commodity market in such form and manner as may be prescribed and the body corporate must, in connection with that application, provide such information as the Board may require. (2) The Board may, in writing, approve a body corporate as a commodity market if it is satisfied that — ( a ) the business rules of the body corporate make satisfactory provision for the matters referred to in section 6; ( b ) the interests of the public will be served by granting the application. (3) The Board must not refuse to approve a body corporate as a commodity market under this section without giving the applicant an opportunity of being heard.


document_id: cta-1992
provision_ref: s6
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 6
title: Business rules
content:
6. —(1) The business rules of every body corporate which has applied for approval or which has been approved as a commodity market under section 5 must make satisfactory provision — ( a ) for the exclusion from membership of persons who are not of good character and high business integrity; ( b ) for the expulsion, suspension or disciplining of members for conduct inconsistent with just and equitable principles in the transaction of business, or for a contravention of the business rules of the proposed commodity market; ( c ) with respect to the terms and conditions under which commodity contracts may be made; ( d ) with respect to the clearing and other arrangements made and the financial conditions of the commodity market, its clearing house and its members are such as to provide reasonable assurance that all obligations arising out of any contracts entered into on that commodity market will be met; ( e ) that trading practices are fair and properly supervised; ( f ) that adequate measures have been taken to prevent manipulation and excessive speculation; ( g ) that adequate provision has been made to record and publish details of trading; ( h ) with respect to the establishment of a Compensation Fund, or any other scheme or system accepted by the Board, which would compensate customers who suffer pecuniary loss through the defalcation of a member, or any of its directors or employees, in respect of any money or other property that was entrusted to or received by a member, or a director or an employee, for or on behalf of any person or by reason that the member was trustee of the money or other property; and ( i ) generally for carrying on the business of the proposed commodity market with due regard to the interests and protection of the public. (2) The Board may, with the approval of the Minister, by regulations prescribe the manner, form and procedure for the making of business rules of a commodity market or clearing house and any amendment thereof; and those regulations may make provision for the Board to disallow the whole or part of any rule or any amendment thereto as it thinks fit.


document_id: cta-1992
provision_ref: s7
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 7
title: Revocation of approval
content:
7. —(1) The Board may revoke any approval granted under section 5 if — ( a ) the body corporate ceases to operate as a commodity market; ( b ) the body corporate is being wound up; ( c ) the body corporate is operating in a manner detrimental to the public interest; or ( d ) any information provided to the Board under section 5(1) was false or misleading in a material particular. (2) For the purposes of subsection (1)( a ), a body corporate is deemed to have ceased to operate as a commodity market if it has ceased to operate for more than 30 days unless it has obtained the approval of the Board to do so, or unless it has ceased to operate by virtue of any direction issued by the Board under section 34(1)( a ).


document_id: cta-1992
provision_ref: s8
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 8
title: Establishment of clearing house
content:
8. —(1) No person may establish, maintain or provide or assist in establishing, maintaining or providing, or hold the person out as maintaining or providing a clearing house for a commodity market unless the person is a body corporate approved as a clearing house under section 9. (2) As from 8 October 2018, subsection (1) ceases to apply in relation to any clearing house — ( a ) that is established on or after that date; or ( b ) that was approved under subsection (1) before that date, to the extent that it relates to commodity forward contracts. [4/2017] (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cta-1992
provision_ref: s9
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 9
title: Power of Board to approve clearing house
content:
9. —(1) A body corporate may apply to the Board for approval as a clearing house in such form and manner as may be prescribed and the body corporate must, in connection with that application, provide such information as the Board may require. (2) The Board may in writing approve a body corporate as a clearing house if it is satisfied that — ( a ) the business rules of the body corporate make satisfactory provision relating to the registration of, and guaranteeing to its members of the performance of, commodity contracts made in a commodity market; and ( b ) the interests of the public will be served by granting the application.


document_id: cta-1992
provision_ref: s10
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 10
title: Appeal to Minister
content:
10. A person who is aggrieved by the decision of the Board made under section 5, 7 or 9 may, within 30 days of the decision, appeal to the Minister whose decision is final.


document_id: cta-1992
provision_ref: s11
chapter: PART 2 - COMMODITY MARKET AND CLEARING HOUSE
section: 11
title: Liabilities of commodity market and clearing house
content:
11. —(1) A person, who is aggrieved by the failure of a commodity market or a clearing house or any of the directors or employees of the commodity market or clearing house to enforce its business rules or by the contravention of this Act or any regulations made under this Act in the enforcement of the business rules, has a right of action in damages for the actual amount of damages suffered by that person — ( a ) in any transaction that the person has entered into on or subject to the business rules of a commodity market; and ( b ) that is directly attributable to the failure to enforce the business rules, or the contravention of this Act or any regulations made under this Act in the enforcement of the business rules. (2) No action for damages shall lie against a commodity market or a clearing house, or any of its directors or employees under subsection (1) unless the aggrieved person can show that, in failing to take action or in taking such action as was taken resulting in loss to the aggrieved person, the commodity market or the clearing house, or any of the directors or employees, acted in bad faith. (3) The right of action conferred by this section is the exclusive remedy available to any person who suffers loss as a result of an alleged failure of a commodity market or a clearing house, or any of its directors or employees, to enforce its business rules, or the contravention of this Act or any regulations made under this Act in the enforcement of the business rules.


document_id: cta-1992
provision_ref: s12
chapter: PART 3 - LICENCES
section: 12
title: Commodity broker’s licence
content:
12. —(1) No person, whether as principal or agent, may — ( a ) carry on business as a commodity broker; or ( b ) hold the person out as carrying on such a business, unless the person — (i) is licensed as a commodity broker under this Act; and (ii) trades in accordance with the business rules and practices of a commodity market on which the trading takes place. (2) As from 8 October 2018, subsection (1) ceases to apply to any person who commences business as a commodity broker on or after that date. [4/2017] (3) A 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 3 years or to both.


document_id: cta-1992
provision_ref: s13
chapter: PART 3 - LICENCES
section: 13
title: Other licences
content:
13. —(1) Subject to section 14A, no person may act as, or hold the person out as — ( a ) a commodity broker’s representative; ( b ) a commodity trading adviser; ( c ) a commodity trading adviser’s representative; ( d ) a commodity pool operator; or ( e ) a commodity pool operator’s representative, unless the person is the holder of a licence granted under this Part that authorises the person to act as such. (2) As from 8 October 2018, subsection (1) ceases to apply to any person who — ( a ) in relation to subsection (1)( a ), is a commodity broker’s representative of a commodity broker mentioned in section 12(2) who does not hold a transitional licence; ( b ) in relation to subsection (1)( b ), commences business as a commodity trading adviser on or after that date; ( c ) in relation to subsection (1)( c ), is a commodity trading adviser’s representative of a commodity trading adviser mentioned in paragraph ( b ) who does not hold a transitional licence; ( d ) in relation to subsection (1)( d ), commences business as a commodity pool operator on or after that date; or ( e ) in relation to subsection (1)( e ), is a commodity pool operator’s representative of a commodity pool operator mentioned in paragraph ( d ) who does not hold a transitional licence. [4/2017] (3) A holder of a commodity broker’s licence is not required to hold a commodity trading adviser’s licence. (4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for an offence under subsection (1)( b ) or ( d ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; ( b ) for an offence under subsection (1)( a ), ( c ) or ( e ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. (5) In this section, “transitional licence” has the meaning given by section 66. [4/2017]


document_id: cta-1992
provision_ref: s13A
chapter: PART 3 - LICENCES
section: 13A
title: Licence for spot commodity trading
content:
13A. —(1) Subject to section 14A, no person may act as, or hold the person out as — ( a ) a spot commodity broker; ( b ) a spot commodity broker’s representative; ( c ) a spot commodity pool operator; or ( d ) a spot commodity pool operator’s representative, unless the person is the holder of a licence granted under this Part that authorises the person to act as such. (2) The Board may, with the approval of the Minister, make regulations for or with respect to — ( a ) the activities of, and standards to be maintained by, spot commodity brokers, spot commodity broker’s representatives, spot commodity pool operators and spot commodity pool operator’s representatives; ( b ) accounts or other records to be kept by spot commodity brokers and spot commodity pool operators; ( c ) the powers of the Board in examining any accounts or records kept by spot commodity brokers and spot commodity pool operators, including the appointment of an auditor to audit the accounts or records; ( d ) the segregation of customer’s funds by spot commodity brokers; and ( e ) the powers of the Board — (i) to order the production of any books, accounts or records kept by spot commodity brokers and spot commodity pool operators; (ii) to order the provision of any information relating to the business of spot commodity brokers and spot commodity pool operators; (iii) to carry out investigations with respect to any contravention against this Act; and (iv) to issue directions to any spot commodity broker, spot commodity broker’s representative, spot commodity pool operator or spot commodity pool operator’s representative to cease contravention of any provision in this Act. (3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) for an offence under subsection (1)( a ) or ( c ), to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) for an offence under subsection (1)( b ) or ( d ), to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cta-1992
provision_ref: s14
chapter: PART 3 - LICENCES
section: 14
title: Power of Board to grant licences and impose conditions, etc.
content:
14. The Board may grant or renew a licence under this Part subject to such conditions or restrictions as it thinks fit and for such period as the Board may determine.


document_id: cta-1992
provision_ref: s14A
chapter: PART 3 - LICENCES
section: 14A
title: Exemption from this Part
content:
14A. —(1) Subject to such conditions as the Board may impose, the persons specified in the Schedule are exempted, to the extent specified in the Schedule, from any provision of this Part. (2) The Board may, by order in the Gazette , amend the Schedule.


document_id: cta-1992
provision_ref: s15
chapter: PART 3 - LICENCES
section: 15
title: Grounds for refusal to grant or renew licences
content:
15. —(1) Where an applicant is an individual, the Board may refuse to grant or renew a licence under this Part on the ground that — ( a ) the applicant has not provided the Board with such information relating to him or her or any person employed by or associated with him or her for the purposes of his or her business, and to any circumstances likely to affect his or her method of conducting business, as may be prescribed under this Act; ( b ) the applicant is an undischarged bankrupt or has made a composition or arrangement with his or her creditors; ( c ) it appears to the Board that, by reason of the applicant, or any person employed by or associated with him or her for the purposes of his or her business, having been convicted, whether in Singapore or elsewhere, of an offence the conviction for which involved a finding that he or she acted fraudulently or dishonestly, or having been convicted of an offence under this Act, or having committed a breach of any regulations made under this Act relating to licensed persons, the applicant is not a fit and proper person to be licensed; ( d ) the Board reasonably believes that there may be any circumstance that is likely to lead to the improper conduct of business by, or the reflection of discredit on the method of conducting such business by, the applicant or any person employed by or associated with him or her for the purpose of his or her business; ( e ) the applicant is, in the view of the Board, not a fit and proper person to be licensed; ( f ) the Board is not satisfied that the educational or other qualifications or experience of the applicant would enable him or her to carry out all the duties of a licensee; ( g ) the Board has reason to believe that the applicant will not be able to perform the functions of a licensee in an efficient, honest and fair manner; ( h ) the Board has reason to believe that the applicant may not be able to act in the best interests of his or her customers or subscribers, having regard to his or her reputation, character, financial integrity or reliability; ( i ) the financial standing of the applicant is, in the view of the Board, unsatisfactory; ( j ) the past performance or expertise of the applicant is, in the view of the Board, unsatisfactory; or ( k ) the Board is of the opinion that it is in the public interest to do so. (2) Where an applicant is a corporation, the Board may refuse to grant or renew a licence under this Part on the ground that — ( a ) the applicant has not provided the Board with such information relating to it or any person employed by or associated with it for the purposes of its business, and to any circumstances likely to affect its method of conducting business, as may be prescribed under this Act; ( b ) the applicant has at any time prior to the application entered into any composition or arrangement with its creditors; ( c ) it appears to the Board that, by reason of the applicant, or any of its directors or employees, having been convicted, whether in Singapore or elsewhere, of an offence the conviction for which involved a finding that it or he or she acted fraudulently or dishonestly, or having been convicted of an offence under this Act, or having committed a breach of any regulations made under this Act relating to licensed persons, the applicant is not a fit and proper person to be licensed; ( d ) it appears to the Board that, by reason of any other circumstances which either are likely to lead to the improper conduct of business by, or reflect discredit on the method of conducting the business of, the applicant or any of its directors or employees, the applicant is not a fit and proper person to be licensed; ( e ) the financial standing of the applicant or its substantial shareholder or the manner in which its business is conducted is, in the view of the Board, unsatisfactory; ( f ) the record of past performance or expertise of the applicant is, in the view of the Board, unsatisfactory, having regard to the nature of the business which the applicant may carry on under the licence; ( g ) the Board reasonably believes that there may be any circumstance that is likely to lead to the improper conduct of business by, or the reflection of discredit on the method of conducting such business by, the applicant or its substantial shareholder or any of its directors, officers or employees; or ( h ) the Board is of the opinion that it is in the public interest to do so. (3) Despite anything in this Part, the Board may refuse to grant or renew a licence under this Part where the applicant fails to meet such minimum financial requirements as are prescribed by the Board or provided in such business rules of a commodity market as have been approved by the Board. (4) In subsection (2), “substantial shareholder”, in relation to an applicant which is a body corporate, has the meaning given by the Companies Act 1967.


document_id: cta-1992
provision_ref: s16
chapter: PART 3 - LICENCES
section: 16
title: Regulations relating to licences
content:
16. The Board may, with the approval of the Minister, make regulations — ( a ) for the form and manner in which an application for a licence or for the renewal of a licence under this Part is to be made; ( b ) prescribing fees payable to the Board in respect of the licences; ( c ) requiring such information as it considers necessary in relation to the application; ( d ) for the imposition of any conditions or restrictions as it thinks fit; ( e ) prescribing the appropriate standards with respect to the qualifications, experience and training of applicants for licences under this Part; ( f ) for establishing and maintaining a register of licensed persons; and ( g ) for requiring the holder of a licence under this Part to notify the Board of such change of particulars and information as may be prescribed.


document_id: cta-1992
provision_ref: s17
chapter: PART 3 - LICENCES
section: 17
title: False statements
content:
17. A person who, in connection with an application for a licence or for the renewal of a licence, wilfully makes a statement which is false or misleading in a material particular, knowing it to be false or misleading, or wilfully omits to state any matter or thing without which the application is misleading in a material respect, 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.


document_id: cta-1992
provision_ref: s18
chapter: PART 3 - LICENCES
section: 18
title: Revocation of licence
content:
18. —(1) A licence is deemed to be revoked, in the case of — ( a ) an individual, if the individual dies; ( b ) a corporation, if the corporation is wound up. (2) Where a licensed person is an individual, the Board may revoke a licence — ( a ) on any ground on which the Board may refuse to grant a licence under section 15(1) or (3); ( b ) if an enforcement order in respect of the licensed person has not been satisfied; [Act 25 of 2021 wef 01/04/2022] ( c ) if the licensed person fails or ceases to carry on business for which he or she was licensed; ( d ) if, in the case of a representative, the licence of the commodity broker, commodity trading adviser or commodity pool operator, in relation to whom the licence was granted, is revoked; ( e ) if the Board has reason to believe that the licensed person has not performed his or her duties efficiently, honestly or fairly; or ( f ) if the licensed person contravenes or fails to comply with any of the conditions or restrictions applicable in respect of the licence. (3) Where a licensed person is a corporation, the Board may revoke a licence — ( a ) on any ground on which the Board may refuse to grant a licence under section 15(2) or (3); ( b ) if it is being or will be wound up; ( c ) if an enforcement order in respect of it has not been satisfied; [Act 25 of 2021 wef 01/04/2022] ( d ) if it has entered into any composition or arrangement with its creditors; ( e ) if it fails or ceases to carry on business for which it was licensed; ( f ) if the Board has reason to believe that the licensed person, or any of its directors or employees, has not performed its, his or her duties efficiently, honestly or fairly; or ( g ) if the licensed person contravenes or fails to comply with any of the conditions or restrictions applicable in respect of the licence. (4) The Board may revoke the licence of a person at the request of the person. (5) The Board must not revoke a licence under subsection (2) or (3) without first giving the person an opportunity of being heard.


document_id: cta-1992
provision_ref: s19
chapter: PART 3 - LICENCES
section: 19
title: Powers of Board in cases of misconduct, etc.
content:
19. —(1) The Board may inquire into any allegation that a licensed person is or has been guilty of any misconduct or is no longer a fit and proper person to continue to remain licensed by reason of any other circumstances which have led, or are likely to lead, to the improper conduct of business by the licensed person or to reflect discredit on the method of conducting the licensed person’s business. (2) If, after inquiring into an allegation under subsection (1) against a licensed person, the Board is of the opinion that the allegation is proved, the Board may if it thinks fit — ( a ) revoke the licence of the person; ( b ) suspend the licence of the person for such period, or until the happening of such event, as the Board may determine; or ( c ) reprimand the person. (3) The Board must, at the hearing of an inquiry into an allegation under subsection (1) against a licensed person, give the person an opportunity of being heard. (4) Where the Board is satisfied, after making an inquiry into an allegation under subsection (1), that the allegation has been made in bad faith or that it is otherwise frivolous or vexatious, it may, by written order, require the person who made the allegation to pay any costs and expenses involved in the inquiry. (5) In this section, “misconduct” means — ( a ) any failure to comply with the requirements of this Act or any regulations made under this Act with respect to licensed persons; and ( b ) any act or omission relating to the conduct of business of a licensed person which is or is likely to be prejudicial to the public interest.


document_id: cta-1992
provision_ref: s20
chapter: PART 3 - LICENCES
section: 20
title: Effect of revocation or suspension of licence
content:
20. —(1) A person whose licence is revoked under section 18 or revoked or suspended under section 19 is, for the purposes of this Part, deemed not to be licensed from the date that the Board revokes or suspends the licence, as the case may be. (2) A revocation or suspension of a licence of a person does not operate so as to — ( a ) avoid or affect any agreement, transaction or arrangement relating to the trading in commodity contracts entered into by the person, whether the agreement, transaction or arrangement was entered into before or after the revocation or suspension of the licence; or ( b ) affect any right, obligation or liability arising under any such agreement, transaction or arrangement.


document_id: cta-1992
provision_ref: s21
chapter: PART 3 - LICENCES
section: 21
title: Appeal against refusal to license, etc.
content:
21. Where — ( a ) the Board refuses to grant or renew a licence under section 15; ( b ) the Board revokes a licence under section 18; or ( c ) the licence is revoked or suspended, or a licensed person is reprimanded, under section 19, any person who is aggrieved by the decision of the Board may, within one month after the person is notified of the decision, appeal to the Minister whose decision is final.


document_id: cta-1992
provision_ref: s22
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 22
title: Accounts to be kept by commodity brokers
content:
22. —(1) The Board may, with the approval of the Minister, make regulations to provide for the keeping by commodity brokers of such accounting and other records as may be prescribed. (2) Without limiting subsection (1), the regulations may in particular provide — ( a ) for the particulars to be shown or recorded in such accounts or records; ( b ) for the keeping of separate or segregated accounts; ( c ) for the period during which the accounts or records are required to be kept; ( d ) for the form and manner in which the accounts or records are to be kept; ( e ) for the appointment of an auditor by every commodity broker and for the duties of the auditor, including the duty to report to the Board any matter adversely affecting the financial position of the broker and such other matters in such circumstances as may be prescribed; ( f ) for the information to be contained in the auditor’s reports; ( g ) for the remuneration of an auditor appointed under this Act and for the costs of an audit carried out under this Act; ( h ) for the lodging of annual accounts and the auditor’s report with the Board in such manner and form and within such time as may be prescribed; and ( i ) that a contravention thereof shall be punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both.


document_id: cta-1992
provision_ref: s23
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 23
title: Power of Board to appoint auditor
content:
23. —(1) Where — ( a ) a commodity broker fails to lodge an auditor’s report as is required under regulations made pursuant to section 22(2)( h ); or ( b ) the Board receives an auditor’s report on any matter adversely affecting the financial position of the commodity broker or any other matter that the auditor is required to report under regulations made pursuant to section 22(2)( e ), the Board may, without affecting its powers under section 28, if it is satisfied that it is in the interests of the commodity broker, the customers of the commodity broker or the general public to do so, appoint in writing an auditor to examine and audit, either generally or in relation to any particular matter, the books, accounts and records of the commodity broker. (2) Where the Board is of the opinion that the whole or any part of the costs and expenses of an auditor appointed by it under subsection (1) should be borne by the commodity broker, the Board may, by written order, direct the commodity broker to pay a specified amount, being the whole or part of such costs and expenses, within the time and in the manner specified in the order. (3) Where a commodity broker fails to comply with an order under subsection (2), the amount specified in the order may be sued for and recovered by the Board as a debt due to the Board. (4) An auditor appointed under this section must, on the conclusion of the examination and audit, make a report thereon to the Board.


document_id: cta-1992
provision_ref: s24
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 24
title: Power of auditors appointed by Board
content:
24. —(1) An auditor appointed under section 23 to examine and audit the books, accounts and records of a commodity broker may, for the purpose of carrying out the examination and audit — ( a ) examine on oath any of the commodity broker’s directors, employees and agents and any other auditor appointed under this Act in relation to those books, accounts and records; ( b ) require any of the commodity broker’s directors, employees and agents, to produce any books, accounts and records held by or on behalf of the commodity broker relating to the commodity broker’s business and make copies of or take accounts and records for such period as is necessary to enable them to be inspected; ( c ) require an auditor appointed by the commodity broker to produce any books, accounts and records held by the commodity broker relating to the business of the commodity broker; ( d ) require a commodity market or a clearing house to produce any books, accounts and records kept by it relating to the business of the commodity broker; ( e ) require a commodity market or a clearing house to provide any information in its possession relating to the business of the commodity broker; ( f ) employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination and audit; and ( g ) by instrument in writing under the hand of the auditor, authorise any person employed by the auditor to do, in relation to the examination and audit, any act or thing that the auditor could do himself or herself as an auditor, except the examination of any person on oath, under this subsection. (2) A person who, without reasonable excuse, refuses or fails to answer any question put to the person, or fails to comply with any request made to the person, by an auditor appointed under section 23, or a person authorised under subsection (1)( g ), 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. (3) If a commodity market or a clearing house, without reasonable excuse, fails to comply with any request made to it by an auditor appointed under section 28, or a person authorised under subsection (1)( g ), that market or the clearing house shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000.


document_id: cta-1992
provision_ref: s25
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 25
title: Offence to destroy, alter, etc., records
content:
25. —(1) A person who, with intent to prevent, delay or obstruct the carrying out of any examination and audit under this Part — ( a ) destroys, conceals or alters any book, account or record relating to the business of a commodity broker; or ( b ) sends, or conspires with any other person to send, out of Singapore any such book, account or record, or any property of any description belonging to or in the possession or under the control of a commodity broker, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) If, in a prosecution for an offence under subsection (1), it is proved that the person charged — ( a ) destroyed, concealed or altered any book, account or record mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore any such book, account or record, or any property mentioned in subsection (1)( b ), the person is presumed until the contrary is proved, that in so doing the person did not act with intent to prevent, delay or obstruct the carrying out of an examination and audit under this Part.


document_id: cta-1992
provision_ref: s26
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 26
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
26. Except as may be necessary for the carrying into effect of the provisions of this Act or so far as may be required for the purposes of any legal proceedings, whether civil or criminal, an auditor appointed under section 23 or any regulations made pursuant to section 22 and any employee of such auditor (each called A ) must not divulge any information which may come to A ’s knowledge in the course of performing A ’s duties as such auditor or employee (as the case may be) to any person other than — ( a ) the Board or any person approved or designated by the Board; and ( b ) in the case of an employee, the auditor by whom he or she is employed.


document_id: cta-1992
provision_ref: s27
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 27
title:
Maintenance of books and records and furnishing accounts, etc., by trading adviser and pool operator

content:
27. —(1) Every commodity trading adviser and commodity pool operator must cause to be kept such books and records and file such reports, in such form and manner, as may be prescribed by the Board. (2) Every commodity trading adviser and commodity pool operator (each called A ) must make full and complete disclosure to A ’s subscribers, customers or participants of all open commodity market positions taken or held by A on their behalf or if A is a corporation by any director, manager or employee of the corporation, whether directly or indirectly. (3) Every commodity pool operator must furnish — ( a ) statements of account, at such periodic intervals, as the Board may prescribe; and ( b ) an annual report, to each participant in the commodity pool operator’s pool operations. (4) The statements of account and annual report must be in such form and manner as may be prescribed by the Board and must include complete information as to the current status of all trading accounts in which the participant has an interest. (5) A person who, without reasonable excuse, contravenes subsection (1), or who knowingly or recklessly furnishes any information under subsection (2) or (3) which is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (6) The provisions of this Part in relation to the appointment of an auditor whether by the Board or otherwise, the powers and duties of an auditor and the filing of an auditor’s report apply with the necessary modifications to a commodity market, a clearing house, a commodity trading adviser and a commodity pool operator as they apply to a commodity broker under this Part.


document_id: cta-1992
provision_ref: s28
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 28
title: Additional powers of Board in respect of auditors
content:
28. —(1) Despite the provisions of the Companies Act 1967 or anything contained in this Part, the Board may — ( a ) itself appoint an auditor under this Part; and ( b ) impose all or any of the following duties on an auditor of a commodity market, a clearing house, a commodity broker, a commodity trading adviser or a commodity pool operator, as the case may be: (i) a duty to submit such additional information in relation to the audit as the Board considers necessary; (ii) a duty to enlarge or extend the scope of the audit of the business and affairs of a commodity market, a clearing house, a commodity trading adviser or a commodity pool operator; (iii) a duty to carry out any other examination or establish any procedure in any particular case; (iv) a duty to submit a report on any of the matters referred to in sub-paragraphs (ii) and (iii), and a commodity market, a clearing house, a commodity broker, a commodity trading adviser or a commodity pool operator (as the case may be) must remunerate the auditor in respect of the discharge of all or any of the additional duties. (2) If an auditor in the course of the performance of the auditor’s duties as an auditor of a commodity market, a clearing house, a commodity broker, a commodity trading adviser or a commodity pool operator (as the case may be) is satisfied that — ( a ) there has been a serious breach or non-observance of this Act or any regulations made under this Act, or that otherwise a criminal offence involving fraud or dishonesty has been committed; ( b ) serious irregularities have occurred, including irregularities that jeopardise the funds, securities or property of the customers; or ( c ) the auditor is unable to confirm whether claims of creditors are still covered by the assets, the auditor must immediately report the matter to the Board. (3) An auditor appointed under subsection (1)( a ) has all the powers conferred upon an auditor under section 24. (4) Where the Board is of the opinion that the whole or any part of the costs and expenses of an auditor appointed under subsection (1)( a ) should be borne by a commodity market, a clearing house, a commodity broker, a commodity trading adviser or a commodity pool operator (as the case may be), the Board may by written order direct that the market, clearing house, broker, trading adviser or pool operator (as the case may be) pay a specified amount (being the whole or part of the costs and expenses) within the time and manner specified in the order.


document_id: cta-1992
provision_ref: s29
chapter: PART 4 - ACCOUNTS AND AUDIT
section: 29
title: Defamation
content:
29. —(1) An auditor shall not, in the absence of malice on the auditor’s part, be liable to any action for defamation at the suit of any person in respect of — ( a ) any statement made orally or in writing in the discharge of the auditor’s duties; or ( b ) the sending of any report to the Board under any regulations made pursuant to section 22 or 28. (2) This section does not restrict or affect any right, privilege or immunity that the auditor has, apart from this section, as a defendant in an action for defamation.


document_id: cta-1992
provision_ref: s30
chapter: PART 5 - CONDUCT OF COMMODITY TRADING BUSINESS
section: 30
title: Segregation of customer’s funds by broker
content:
30. —(1) The Board may, with the approval of the Minister, make regulations to provide that every commodity broker must treat and deal with all money, securities or property received by the commodity broker from a customer in such manner and in such separate accounts as may be prescribed. (2) Without limiting subsection (1), the regulations may provide — ( a ) for the circumstances in which funds, securities or property received from a customer may be segregated and deposited in the same account; ( b ) for the circumstances in and purposes for which funds may be withdrawn from separate trust accounts; ( c ) for the exemption by the Board of any commodity broker or class of commodity brokers, or any transaction or class of transactions relating to trading in commodity contracts, from any of the provisions of the regulations; and ( d ) that a contravention thereof shall be punishable with a fine not exceeding $30,000 or with imprisonment for a term not exceeding 3 years or with both. (3) Money, securities or property received from a customer and held by a commodity broker in a separate trust account under any regulations made under subsection (1) — ( a ) is not available for payment of the debts of the commodity broker to a creditor of the commodity broker; or ( b ) is not liable to be attached or taken under or pursuant to an enforcement order or process of any court at the instance of the creditor, unless the creditor is a customer of the commodity broker and the debt owed to the creditor was incurred in connection with trading in any commodity contract. [Act 25 of 2021 wef 01/04/2022] (4) This section does not take away or affect a lawful claim or lien that a commodity broker has against, or on, any money, securities or property held in an account under any regulations made under subsection (1). (5) This Act or any written law does not prevent a commodity market or a clearing house, with the approval of the Board, from using the money, securities or property held in a trust account to meet the obligations of a commodity broker, being a member of the market or the clearing house, who defaults, if — ( a ) the default of the commodity broker is directly attributable to the failure of the commodity broker’s customer to meet the obligations under a commodity contract; and ( b ) the failure to use the money, securities or property held in a trust account may jeopardise the financial integrity of the market or the clearing house. (6) In this section, “customer” means a person on whose account a commodity broker carries on trading in any commodity contract, but does not include directors, employees and representatives and related corporations of the commodity broker.


document_id: cta-1992
provision_ref: s31
chapter: PART 5 - CONDUCT OF COMMODITY TRADING BUSINESS
section: 31
title: Nature of pool and segregation of funds by pool operator, etc.
content:
31. —(1) All money, securities or other property received by a commodity pool operator from existing or prospective pool participants for the purchase of an interest in a pool must be received in the pool’s name. (2) No commodity pool operator may commingle the property of any pool that it operates or intends to operate with the property of any other person. (3) The Board may by regulations provide for the capital, structure, minimum financial requirements, organisation and conduct of a pool operated by a commodity pool operator and for the exemption of certain pools from the requirements of this section.


document_id: cta-1992
provision_ref: s32
chapter: PART 5 - CONDUCT OF COMMODITY TRADING BUSINESS
section: 32
title: Risk disclosure
content:
32. —(1) No commodity broker may open a commodity contract account for a customer unless the commodity broker furnishes the customer with a separate written risk disclosure document which must be in such form and manner as may be prescribed by the Board, and receives from the customer an acknowledgment signed and dated by the customer that the customer has received and understood the nature and contents of the disclosure document. (2) No commodity pool operator may, directly or indirectly, solicit, accept or receive funds, securities or other property from a prospective participant in a pool that the commodity pool operator operates or that the commodity pool operator intends to operate unless, on or before the date it engages in that activity, the commodity pool operator delivers or causes to be delivered to the prospective participant a risk disclosure document which must be in such form and contain such information as the Board may prescribe, and receives from the prospective participant an acknowledgment signed and dated by the prospective participant that the prospective participant has received and understood the nature and contents of the disclosure document. (3) No commodity trading adviser may solicit or enter into an agreement with a prospective client for the purpose of managing the prospective client’s commodity trading account or guiding the prospective client’s commodity trading by means of a systematic programme that recommends specific transactions unless the commodity trading adviser, at or before the time the commodity trading adviser engages in the solicitation or enters into the agreement (whichever is the earlier), delivers or causes to be delivered to the prospective client a risk disclosure document in respect of those purposes which must be in such form and contain such information as the Board may prescribe, and receives from the prospective client an acknowledgment signed and dated by the prospective client that the prospective client has received and understood the nature and contents of the disclosure document. (4) Except as may be provided by any regulations made under this Act, no commodity trading adviser may solicit, accept or secure from an existing or prospective client money, securities or other property in the commodity trading adviser’s name to purchase, margin guarantee or secure any interest of the client in a commodity contract.


document_id: cta-1992
provision_ref: s33
chapter: PART 5 - CONDUCT OF COMMODITY TRADING BUSINESS
section: 33
title: Offences
content:
33. A person who contravenes any of the provisions of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cta-1992
provision_ref: s34
chapter: PART 6 - POWERS OF BOARD
section: 34
title: Emergency powers
content:
34. —(1) Whenever the Board has reason to believe that an emergency exists, the Board may direct a commodity market or a clearing house to take such action as it considers necessary to maintain or restore orderly trading in, or liquidation of, any commodity contract or any class of commodity contracts including but not limited to — ( a ) terminating or suspending trading on a commodity market or a clearing house; ( b ) confining trading to liquidation of commodity contracts; ( c ) ordering the liquidation of all positions or part thereof or the reduction in such positions; ( d ) limiting trading to a specific price range; ( e ) modifying trading days or hours; ( f ) altering conditions of delivery; ( g ) fixing the settlement price at which contracts are to be liquidated; ( h ) requiring any person to act in a specified manner in relation to trading in commodity contracts or any class of commodity contracts; ( i ) requiring additional margins for any contracts; and ( j ) modifying or suspending any of the business rules of a commodity market, and the market or clearing house must comply with that direction. (2) Where a commodity market or a clearing house fails to comply with the direction of the Board under subsection (1) within such time as is specified by the Board, the Board may itself take action to set emergency margin levels in any commodity contract or class of commodity contracts, or to fix limits that may apply to market positions acquired in good faith prior to the date of the Board’s action or any other action, including but not limited to those specified in subsection (1), that it thinks are necessary to maintain or restore orderly trading in, or liquidation of, commodity contracts or any class of commodity contracts. (3) In this section, “emergency” includes, in addition to threatened or actual market manipulations and corners, any act of government affecting a commodity or any other major market disturbance which prevents the market from accurately reflecting the forces of supply and demand for such commodity or any other undesirable situations or practices which in the opinion of the Board constitutes an emergency. (4) Without affecting subsection (1) where a commodity market or a clearing house exercises its powers under its rules to take emergency action, the Board may modify such emergency action, including but not limited to the setting aside of that emergency action. (5) A person who is aggrieved by any action taken by the Board, a commodity market or a clearing house under this section may appeal to the Minister whose decision is final. (6) Despite the lodging of an appeal under subsection (5), any emergency action taken by the Board, a commodity market or a clearing house under this section continues to have force and effect until such time as the Minister makes a decision on the appeal.


document_id: cta-1992
provision_ref: s35
chapter: PART 6 - POWERS OF BOARD
section: 35
title: Fixing of position and trading limits in contracts
content:
35. —(1) For the purpose of diminishing, eliminating or preventing excessive speculation in any commodity under a commodity contract, the Board may, by written notice, establish and fix such limits as it considers necessary on the amount of trading which may be done or positions which may be held by any person, generally or specifically, under a commodity contract on or subject to the business rules of a commodity market. (2) In determining whether a person has exceeded such limits, the positions held and trading done by any persons, directly or indirectly, controlled by that person must be included with the positions held and trading done by that person. (3) Such limits upon positions and trading apply to positions held by, and trading done by, 2 or more persons acting pursuant to an express or implied agreement or understanding, as if the positions were held by, or the trading done by, a single person. (4) This section does not apply to transactions or positions which are bona fide hedging transactions or positions as defined by a commodity market in accordance with such regulations as may be prescribed under section 63. [22/2001; 35/2007] (5) No person may, directly or indirectly — ( a ) buy or sell, or agree to buy or sell, a commodity contract or any number of such contracts (on or subject to the regulations of the commodity market which apply to the contract or contracts) in excess of the trading limits fixed for one business day, or other stated period set by the Board or a commodity market with the approval of the Board; or ( b ) hold or control a net buy or sell position under a commodity contract on or subject to the business rules of the commodity market in excess of any position limit fixed by the Board or a commodity market with the approval of the Board with respect to that commodity contract. (6) This section does not preclude the Board from fixing different trading or position limits for different contracts or delivery months or for different days remaining until the last day of trading in a contract or different trading limits for the purposes of subsection (5), or from exempting transactions under this section.


document_id: cta-1992
provision_ref: s36
chapter: PART 6 - POWERS OF BOARD
section: 36
title: Production of records
content:
36. —(1) A commodity market, clearing house, commodity broker or commodity pool operator must — ( a ) produce any books, accounts and records kept by it, him or her in connection with, or for the purposes of, its, his or her business, or in respect of any trading in commodity contracts; ( b ) collect and furnish any returns; and ( c ) provide any information relating to its, his or her business, or any trading in commodity contracts, or any other specified information, as the Board may require. (2) The Board may, on production of any books, accounts or records under subsection (1), take copies of or extracts from them. (3) If any of the persons or bodies mentioned in subsection (1), without reasonable excuse, fails to comply with any requirement under subsection (1), the person or body concerned shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.


document_id: cta-1992
provision_ref: s37
chapter: PART 6 - POWERS OF BOARD
section: 37
title: Records of transactions on commodity market or clearing house
content:
37. —(1) Every commodity market and clearing house must keep such records as are necessary for the proper recording of each transaction on the market or clearing house and must supply to any customer of any member of such market or clearing house, upon production of a written confirmation of any transaction with such member, particulars of the approximate time at which the transaction took place and verification or otherwise of the matters set forth in the confirmation. (2) The Board may, at any time, require a commodity market or a clearing house to deliver to it reports of transactions on the market or clearing house in such form as the Board may prescribe.


document_id: cta-1992
provision_ref: s38
chapter: PART 6 - POWERS OF BOARD
section: 38
title: Information to be provided by market participants
content:
38. —(1) Upon a determination by the Board that information concerning accounts may be relevant to determine whether manipulation, corner, squeeze or other market disorders exists in any commodity market, the Board may, by written notice, require such information as it thinks necessary from any person, including a member of a clearing house or a commodity broker or any customer in the commodity market, and the person concerned must provide the required information within such time as may be specified by the Board. (2) If the Board has reason to believe that any person has failed to give the information required in the notice, it may without prejudice to any other penalty that may be imposed inform a commodity market or a clearing house which must, in the event, prohibit the execution of, or acceptance for orders of, trades on the market or a clearing house and in the months or expiration dates specified in the notice unless such trades offset open contracts of that person. 39. [ Repealed by Act 35 of 2007 ]


document_id: cta-1992
provision_ref: s40
chapter: PART 6 - POWERS OF BOARD
section: 40
title: Investigations by Board
content:
40. —(1) The Board may conduct such investigations as it considers necessary to determine whether any person has contravened or is contravening any of the provisions of this Act. (2) For the purpose of subsection (1), the Board may, in writing, require any person named therein to testify or to produce any document or other material relating to any matter under investigation, and such person must immediately comply with that requirement. (3) Nothing in this section compels the production by an advocate or solicitor of a document or other material containing a privileged communication made by or to the advocate or solicitor in that capacity or otherwise the taking of any such document or other material which is in his or her possession, but if the advocate or solicitor refuses to produce the document or other material, the advocate or solicitor must nevertheless give the name and address of the person (if the advocate or solicitor knows them) to whom or by or on behalf of whom that communication was made. (4) The Board may by regulations prescribe the practice and procedure to be followed in any investigation under this section. (5) A person who, without reasonable excuse, fails to comply with any requirement under subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: cta-1992
provision_ref: s41
chapter: PART 6 - POWERS OF BOARD
section: 41
title: Inspections by Board
content:
41. —(1) The Board may inspect under conditions of secrecy the books, accounts, documents and transactions of a commodity market, a clearing house, a commodity broker, a commodity pool operator or a commodity trading adviser. (2) The Board may appoint any person to exercise the powers of the Board under subsection (1). (3) For the purpose of an inspection under this section, any of the persons or bodies mentioned in subsection (1) under inspection must give the Board access to, and must produce, its books, accounts and documents, and must give such information and facilities as may be required to conduct the inspection. (4) Any person appointed by the Board has, at all times, the power to copy or take possession of the books, accounts and other documents of the commodity market, clearing house, commodity broker, commodity pool operator or commodity trading adviser. (5) A person who or body which, without reasonable excuse, fails to produce any book, account or document or furnish any information or facilities in accordance with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: cta-1992
provision_ref: s42
chapter: PART 6 - POWERS OF BOARD
section: 42
title: Power to issue directions
content:
42. —(1) Where it appears to the Board that a commodity market, a clearing house or any person has contravened or is contravening any of the provisions of this Act or any regulations made under this Act, or is restraining trading in commodity contracts, the Board may, after giving the market, clearing house or any such person an opportunity of being heard — ( a ) direct the market, clearing house or person to comply with that provision or to cease contravention of that provision; or ( b ) direct the market, clearing house or person to desist from restraining trading in commodity contracts, and the market, clearing house or person must comply with the direction. (2) A clearing house or any person who, without reasonable excuse, fails to comply with a direction given under subsection (1) that is applicable to that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (3) A commodity market, a clearing house or any person aggrieved by any direction given under subsection (1) may, within one month after being notified of the direction, appeal to the General Division of the High Court. [40/2019] (4) Despite the lodging of an appeal under subsection (3), any direction of the Board given under this section continues to have force and effect until such time as the General Division of the High Court makes a decision on the appeal. [40/2019]


document_id: cta-1992
provision_ref: s43
chapter: PART 7 - OFFENCES
section: 43
title: False trading
content:
43. No person may create or cause to be created or do anything that is calculated to create — ( a ) a false or misleading appearance of active trading in a commodity market; or ( b ) a false or misleading appearance with respect to the market for, or the price of trading in, commodity contracts.


document_id: cta-1992
provision_ref: s44
chapter: PART 7 - OFFENCES
section: 44
title: Bucketing
content:
44. No person may knowingly execute, or hold the person out as having executed, an order for the purchase or sale of a commodity contract on a commodity market without having effected a bona fide purchase or sale of the commodity contract in accordance with the business rules and practices of the commodity market.


document_id: cta-1992
provision_ref: s45
chapter: PART 7 - OFFENCES
section: 45
title: Dissemination of information about false trading
content:
45. No person may circulate, disseminate or authorise, or be concerned in the circulation or dissemination of, any statement or information to the effect that the price of trading in any class of commodity contracts will, or is likely to, rise or fall because of the market operations of one or more persons which, to the firstmentioned person’s knowledge, are conducted in contravention of section 43.


document_id: cta-1992
provision_ref: s46
chapter: PART 7 - OFFENCES
section: 46
title: Manipulation of price and cornering
content:
46. No person may, directly or indirectly — ( a ) manipulate, or attempt to manipulate, the price of a commodity contract that may be dealt in on a commodity market; or ( b ) corner, or attempt to corner, any commodity which is the subject of any commodity contract.


document_id: cta-1992
provision_ref: s47
chapter: PART 7 - OFFENCES
section: 47
title: Employment of fraudulent or deceptive devices, etc.
content:
47. No person may, directly or indirectly, in connection with any transaction with any other person involving trading in a commodity contract — ( a ) employ any device, scheme or artifice to defraud that other person; ( b ) engage in any act, practice or course of business which operates as a fraud or deception, or is likely to operate as a fraud or deception, of that other person; or ( c ) make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.


document_id: cta-1992
provision_ref: s48
chapter: PART 7 - OFFENCES
section: 48
title: Fraudulently inducing trading
content:
48. No person may, directly or indirectly, for the purposes of inducing or attempting to induce another person to trade in a commodity contract or class of commodity contracts, make or publish — ( a ) any statement which is, at the time and in the light of the circumstances in which it is made, false, misleading or deceptive with respect to any material fact and which the person knows, or has reasonable grounds for believing, is false, misleading or deceptive; or ( b ) any statement which is, by reason of the omission of a material fact, rendered false, misleading or deceptive and which the person knows, or has reasonable grounds for believing, is rendered false, misleading or deceptive by reason of the omission of that fact.


document_id: cta-1992
provision_ref: s49
chapter: PART 7 - OFFENCES
section: 49
title: Penalties
content:
49. A person who contravenes any of the provisions of this Part shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 7 years or to both; or ( b ) in the case of a body corporate, to a fine not exceeding $500,000. 50. [ Repealed by Act 35 of 2007 ]


document_id: cta-1992
provision_ref: s51
chapter: PART 8 - MISCELLANEOUS
section: 51
title: Preservation of secrecy
content:
51. —(1) Every director, officer or employee of a commodity market or a clearing house must preserve, and aid in preserving, secrecy with regard to all matters coming to his or her knowledge in the exercise or performance of his or her duties. (2) Subsection (1) does not apply — ( a ) to the disclosure of any information which is authorised by the Board to be disclosed or furnished; ( b ) to the disclosure of information for the purpose of any legal proceedings brought under this Act or any other written law, or for the purpose of any report of any such proceedings, except that in relation to a customer’s or commodity broker’s position such proceedings may (if the court, of its own motion or on the application of a party to the proceedings, so orders) be held in private in which event the information is secret as between the court and the parties thereto; or [Act 25 of 2021 wef 01/04/2022] ( c ) to the disclosure of information for such other purposes, or in such other circumstances, as the Board may by regulations prescribe. (3) A person who contravenes subsection (1), directly or indirectly, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: cta-1992
provision_ref: s52
chapter: PART 8 - MISCELLANEOUS
section: 52
title: Offences by directors or managers
content:
52. —(1) Any person, being a director or manager of a commodity market, a clearing house, a commodity broker, a commodity trading adviser or a commodity pool operator, who — ( a ) fails to take all reasonable steps to secure compliance with the provisions of this Act; or ( b ) fails to take all reasonable steps to secure the accuracy and correctness of any statement submitted under this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. (2) In any proceedings against a person under subsection (1), it is a defence to prove that the person had reasonable grounds for believing that another person was charged with the duty of securing compliance with the requirements of this Act, or with the duty of ensuring that those statements were accurate, and that the person was competent, and in a position, to discharge that duty. (3) A person shall not be sentenced to imprisonment for any offence under subsection (1) unless, in the opinion of the court, the person committed the offence wilfully.


document_id: cta-1992
provision_ref: s53
chapter: PART 8 - MISCELLANEOUS
section: 53
title: Falsification of records by directors, employees and agents
content:
53. Any director, manager, trustee, auditor, employee or agent of a commodity market, of a clearing house, of a commodity broker, of a commodity trading adviser or of a commodity pool operator, who — ( a ) wilfully makes, or causes to be made, a false entry in any book or record or in any report, slip, document or statement, assets or accounts of that market, clearing house, broker, trading adviser or pool operator; ( b ) wilfully omits to make an entry in any book or record or in any report, slip, document or statement of the business, affairs, transactions, conditions, assets or accounts of that market, clearing house, broker, trading adviser or pool operator, or wilfully causes any such entry to be omitted; or ( c ) wilfully alters, abstracts, conceals or destroys an entry in any book or record or in any report, slip, document or statement of the business, affairs, transactions, conditions, assets or accounts of that market, clearing house, broker, trading adviser or pool operator, or wilfully causes any such entry to be altered, abstracted, concealed or destroyed, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: cta-1992
provision_ref: s54
chapter: PART 8 - MISCELLANEOUS
section: 54
title: False reports
content:
54. A person who, with intent to deceive, makes or furnishes, or knowingly and wilfully authorises or permits the making or furnishing of, any false or misleading statement or report to the Board, a commodity market, a clearing house or any officers thereof relating to — ( a ) trading in commodity contracts; ( b ) any matter or thing required by the Board for the proper administration of this Act; or ( c ) the enforcement of the business rules of a commodity market or a clearing house, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.


document_id: cta-1992
provision_ref: s55
chapter: PART 8 - MISCELLANEOUS
section: 55
title: Immunity of Board and its employees, etc.
content:
55. No suit or other legal proceedings shall lie against the Board or any officer or employee of the Board or any person (including a commodity market or a clearing house) acting under the direction of the Board for any act done in good faith in the performance, or intended performance, of any duty, or in the exercise of any power under this Act or any regulations made under this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.


document_id: cta-1992
provision_ref: s56
chapter: PART 8 - MISCELLANEOUS
section: 56
title: Offences by corporations
content:
56. Where a corporation is guilty of an offence under this Act, any director, manager, secretary or other officer of the corporation who was, in any way, by act or omission, directly or indirectly, knowingly concerned in, or a party to, the commission of the offence is also guilty of that offence.


document_id: cta-1992
provision_ref: s57
chapter: PART 8 - MISCELLANEOUS
section: 57
title: Prohibition of use of certain titles
content:
57. —(1) No person other than a clearing house may — ( a ) take or use the title “clearing house”; or ( b ) take or use, or have attached to or exhibited at any place, any title which resembles the title specified in paragraph ( a ) or so closely resembles the title as to be calculated to deceive. [35/2007] (2) A person who is not a commodity broker, commodity trading adviser or commodity pool operator must not — ( a ) take or use the title or description “commodity broker”, “spot commodity broker”, “commodity trading adviser”, “commodity pool operator” or “spot commodity pool operator”; or ( b ) take or use, or have attached to or exhibited at any place, any title or description that resembles the titles specified in paragraph ( a ) or so closely resembles the titles as to be calculated to deceive. (3) A person who contravenes this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine of $2,000 for every day during which the offence continues after conviction.


document_id: cta-1992
provision_ref: s58
chapter: PART 8 - MISCELLANEOUS
section: 58
title: Proceedings by whom and when to be taken and power to compound offences
content:
58. —(1) Proceedings for an offence — ( a ) against any provision in Part 7 may be taken only with the consent of the Public Prosecutor; and ( b ) against any other provision of this Act may be taken by the Board or, with the consent of the Public Prosecutor, by any other person. [15/2010] (2) The Board may, without instituting proceedings against any person for an offence under this Act or any regulations made under this Act, which is punishable only by a fine, demand and receive the amount of such fine or such reduced amount as it thinks fit, from the person, whereupon — ( a ) if the person pays that amount to the Board within 14 days after the demand, no proceedings may be taken against the person in relation to the offence; ( b ) if the person does not pay the amount so demanded, the Board may cause proceedings to be instituted in relation to the offence. (3) The powers conferred upon the Board under subsection (2) may only be exercised where a person admits the offence and agrees in writing to the offence being dealt with under that subsection.


document_id: cta-1992
provision_ref: s59
chapter: PART 8 - MISCELLANEOUS
section: 59
title: Jurisdiction of courts
content:
59. Despite anything in any other written law, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty prescribed for any such offence.


document_id: cta-1992
provision_ref: s60
chapter: PART 8 - MISCELLANEOUS
section: 60
title: General penalty
content:
60. A person, who fails to comply with any of the provisions of this Act for which no penalty is expressly provided, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.


document_id: cta-1992
provision_ref: s61
chapter: PART 8 - MISCELLANEOUS
section: 61
title: Exemption
content:
61. The Board may, with the approval of the Minister, if it considers it to be in the public interest and not inconsistent with the purposes of this Act, exempt any person from all or any of the provisions of this Act and may revoke any such exemption. 62. [ Repealed by Act 35 of 2007 ]


document_id: cta-1992
provision_ref: s63
chapter: PART 8 - MISCELLANEOUS
section: 63
title: Regulations
content:
63. —(1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act and for the due administration thereof. (2) Without limiting subsection (1), the Board may, with the approval of the Minister, make regulations for or with respect to — ( a ) the activities of, and standards to be maintained by, commodity brokers, commodity trading advisers and commodity pool operators, including the manner, method and place of soliciting business by them and the conduct of such solicitation; ( b ) prescribing the conditions for the conduct of business on a commodity market; ( c ) providing for the content and distribution of written, printed or visual material and advertisements that may be distributed or used by a person in respect of a commodity contract; ( d ) prescribing the form and content of a confirmation statement of commodity contracts entered into on behalf of customers by a commodity broker; ( e ) prescribing the particulars to be recorded in, or in respect of, accounts kept by commodity trading advisers and commodity pool operators under this Act; ( f ) the design, determination and utilisation by the Board of forms for the purposes of this Act; ( g ) prescribing fees to be paid in respect of any matter or thing required for the purposes of this Act; and ( h ) all matters or things which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Act. (3) Such regulations may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties not exceeding a fine of $5,000 or imprisonment for a term not exceeding 12 months or both. (4) Any regulations made under this Act may provide that, subject to any terms and conditions prescribed, all or any of the provisions of this Act — ( a ) do not have effect in relation to any specified person or to any person who is a member of a specified class of persons — (i) who is, or may be, a commodity broker, commodity trading adviser or commodity pool operator, by reason only of the person doing anything which is merely incidental to another business; (ii) who does not trade in commodity contracts for or on behalf of any other person; or (iii) who is a commodity broker, commodity trading adviser or commodity pool operator, by reason only of the entering into by the person of any specified transaction or class of transactions; ( b ) do not have effect in relation to the representative of any person referred to in paragraph ( a ); or ( c ) have effect in relation to any person mentioned in paragraph ( a ) or ( b ) to such extent as is prescribed. (5) The Minister may by order in the Gazette amend or repeal any written law which appears to him or her to be unnecessary having regard to the provisions of this Act or to be inconsistent with any provision of this Act.


document_id: cta-1992
provision_ref: s64
chapter: PART 8 - MISCELLANEOUS
section: 64
title: Directions by Minister
content:
64. The Minister may give to the Board such directions, not inconsistent with the provisions of this Act, as the Minister thinks fit, as to the exercise and performance by the Board of its powers, duties and functions under this Act, and the Board must give effect to all such directions.


document_id: cta-1992
provision_ref: s65
chapter: PART 8 - MISCELLANEOUS
section: 65
title: Validation of acts done in anticipation of this Act
content:
65. All acts and things done by any person in preparation for or in anticipation of this Act and any expenditure incurred in relation thereto are deemed to have been authorised under this Act if the acts and things done are not inconsistent with the general intention and purposes of this Act.


document_id: cvpa-1998
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “active ingredient” means any substance contained in a pesticide or vector repellent which is responsible for the effect that the pesticide or vector repellent has on vectors; “advertise” means to advertise, directly or indirectly, by means of spoken words or any form of printed or written matter or any other medium; “Agency” means the National Environment Agency established under the National Environment Agency Act 2002; “authorised officer” means any person appointed by the Director‑General of Public Health under section 4(2); “auxiliary officer” means an individual who is appointed as an auxiliary officer under section 16A(1) of the National Environment Agency Act 2002; “competent authority” means a competent authority appointed under section 5 of the Planning Act 1998; “container” includes anything in or by which a pesticide or vector repellent may be cased, covered, enclosed, contained or packed before application; and, in the case of a pesticide or vector repellent which is sold or carried or intended for sale or carriage in more than one container, includes every such container; “Director-General” means the Director‑General of Public Health appointed under section 3(1) of the Environmental Public Health Act 1987; “label”, in relation to the container or package of a pesticide or vector repellent, means any written, pictorial or other descriptive matter marked on or affixed to the container or package; “Medical Officer of Health” means any registered medical practitioner who is engaged in vector control or epidemiological duties; “occupier” — ( a ) in relation to any premises, vessel or aircraft, means the person in occupation of the premises, vessel or aircraft or having the charge, management or control thereof, either on the person’s own account or as agent of another person; and ( b ) in relation to any part of any premises, different parts of which are occupied by different persons, means the person in occupation or having the charge, management or control of that part; “owner” — ( a ) in relation to any premises, vessel or aircraft, means the person for the time being receiving the rent of the premises, vessel or aircraft, whether on the person’s own account or as agent, trustee or receiver, or who would receive the rent if the premises, vessel or aircraft were let or chartered, and, in relation to any premises, includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; ( b ) in relation to any premises where building works are being carried out, includes the developer; ( c ) in relation to the common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the management corporation having control of the building, a managing agent appointed by a management corporation or by the Commissioner of Buildings under the Building (Strata Management) Act 2004 * , and a liquidator appointed for that management corporation; [Act 12 of 2020 wef 01/10/2025] ( d ) in relation to the limited common property of any building erected on land comprised in a strata subdivision plan approved by the competent authority, includes the subsidiary management corporation having control of that limited common property, and a managing agent appointed by a subsidiary management corporation or by the Commissioner of Buildings under the Building (Strata Management) Act 2004 * , and a liquidator appointed for that subsidiary management corporation; and [Act 12 of 2020 wef 01/10/2025] ( e ) in relation to the common property of any building sold under Part 4 of the Housing and Development Act 1959, means the Town Council which is liable for the maintenance and management of that common property; “package”, in relation to any pesticide or vector repellent — ( a ) means any box, packet or other article in which one or more containers of the pesticide or vector repellent are or are to be enclosed; and ( b ) where any such box, packet or other article is or is to be itself enclosed in one or more boxes, packets or other articles, includes each of such boxes, packets or articles; “pesticide” means any solid, liquid or gaseous substance or mixture or preparation of those substances, containing one or more active ingredients and used for vector control, but does not include any fumigant controlled under the Hydrogen Cyanide (Fumigation) Act 1947; “premises” means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof used or intended to be used for human habitation or for employment or any other purpose; “registrant” means a person to whom the registration of a pesticide or vector repellent has been granted under section 7; “sell” means to sell by way of retail or wholesale dealing and includes barter, offering or attempting to sell, receiving for sale, having in possession for sale, exposing for sale, sending or delivering for sale, and causing or allowing to be sold, offered or exposed for sale; “supply” includes having in possession for the purpose of supply; “use” includes any act of handling, operating, dispensing, preparation, application, storage and disposal; “vector” means — ( a ) any insect, including its egg, larva and pupa; and ( b ) any rodent, including its young, carrying or causing, or capable of carrying or causing any disease to human beings; “vector control” means the destruction, or the prevention of the propagation or harbouring, of vectors; “vector control operator” means a person who, in the course of any trade or business, undertakes or engages in vector control work; “vector control technician” means a person who, for reward or under a contract of employment, carries out or supervises the carrying out of any vector control work; “vector control work” means any work carried out for the purpose of vector control; “vector control worker” means any person who, for reward or under a contract of employment, carries out any vector control work under the supervision of a vector control technician; “vector repellent” means any solid, liquid or gaseous substance, or mixture or preparation of those substances, containing one or more active ingredients and used or intended to be used for repelling vectors; “vessel or aircraft” includes any vessel or aircraft of any class or description. [47/2004; 4/2016] [*Updated to be consistent with the 2020 Revised Edition]


document_id: cvpa-1998
provision_ref: s4
chapter: PART 2 - ADMINISTRATION OF ACT
section: 4
title: Administration of Act and appointment of authorised officers, etc.
content:
4. —(1) The Director-General is responsible for the administration of this Act, subject to the general or special directions of the Minister. (2) The Director-General may in writing appoint any of the following persons to be an authorised officer for the purposes of this Act: ( a ) a public officer; ( b ) an officer or auxiliary officer of the Agency; ( c ) an officer of any statutory authority; ( d ) an auxiliary police officer appointed under the Police Force Act 2004. [4/2016] (3) The Director-General may, by instrument in writing under the hand of the Director‑General, appoint any person who in his or her opinion is qualified to carry out any analysis, test or examination or to make any report for the purposes of this Act. (4) The Director-General may, with the approval of the Minister, 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, subject to such conditions or limitations as the Director‑General may specify.


document_id: cvpa-1998
provision_ref: s5
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 5
title: Pesticides and vector repellents to be registered, etc.
content:
5. —(1) A person must not — ( a ) advertise any pesticide as being suitable for the purpose of vector control; ( b ) sell or supply any pesticide for the purpose of vector control; or ( c ) advertise, sell or supply any substance, mixture or preparation as being suitable for repelling vectors, unless the pesticide, substance, mixture or preparation (as the case may be) is registered under section 7. (2) A person must not sell any pesticide or vector repellent registered under section 7 otherwise than in a container or package to which is affixed or on which is printed a label that the Director‑General has approved and that shows clearly and distinctly the particulars prescribed by the regulations. (3) A vector control operator, vector control technician or vector control worker must not use any pesticide for the purpose of carrying out any vector control work unless the pesticide is registered under section 7.


document_id: cvpa-1998
provision_ref: s6
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 6
title: Application for registration of pesticides and vector repellents
content:
6. An application for the registration of a pesticide or vector repellent must be made to the Director‑General in such form as the Director‑General may require and must be accompanied by — ( a ) the prescribed fee; ( b ) such particulars, information and documents as may be prescribed; ( c ) such samples of — (i) the pesticide or vector repellent and its container or package; and (ii) the label that is intended to be used in respect of the pesticide or vector repellent, as the Director-General may require; and ( d ) if required by the Director-General, a statutory declaration by the applicant verifying any information contained in or relating to the application.


document_id: cvpa-1998
provision_ref: s7
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 7
title: Registration of pesticides and vector repellents
content:
7. —(1) On receiving an application under section 6, the Director‑General must consider the application and may — ( a ) subject to subsection (2), register the pesticide or vector repellent (as the case may be) with or without conditions; or ( b ) refuse to register the pesticide or vector repellent. (2) The Director-General must not register any pesticide or vector repellent unless he or she — ( a ) is satisfied that the pesticide or vector repellent conforms to the prescribed standards; and ( b ) approves of the label that is intended to be used in respect of the pesticide or vector repellent. (3) Where the Director-General has, under subsection (1)( b ), refused to register a pesticide or vector repellent, he or she must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) The conditions which the Director-General may impose under subsection (1)( a ) include — ( a ) any condition restricting either or both of the following: (i) the use of any pesticide for the purpose of vector control; (ii) the persons or class of persons by whom any pesticide may be used for the purpose of vector control; and ( b ) any condition concerning the particulars to be shown on the label which is to be printed on or affixed to the container or package in which any pesticide or vector repellent is to be sold or supplied. (5) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (1)( a ) or impose new conditions. (6) Upon registering a pesticide or vector repellent, the Director‑General must — ( a ) assign a registration number to the pesticide or vector repellent; ( b ) issue a certificate of registration to the registrant; and ( c ) make a record of the registration of the pesticide or vector repellent in the register maintained by the Director‑General under section 9. (7) The registration of a pesticide or vector repellent takes effect from the date stated in the certificate of registration and remains in force until it is cancelled under section 10.


document_id: cvpa-1998
provision_ref: s8
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 8
title: Registration mark
content:
8. —(1) Where a pesticide or vector repellent has been registered by the Director‑General under section 7, the registrant must cause a registration mark to be shown clearly and in a conspicuous position on the label on every container or package in which the pesticide or vector repellent is to be sold or supplied. (2) The registration mark must be in such form and must contain such particulars as the Director‑General may determine.


document_id: cvpa-1998
provision_ref: s9
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 9
title: Register of pesticides and vector repellents
content:
9. —(1) The Director-General must maintain, in the form that he or she thinks fit, a register of all pesticides and vector repellents registered under section 7. (2) Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.


document_id: cvpa-1998
provision_ref: s10
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 10
title: Cancellation of registration of pesticide or vector repellent
content:
10. —(1) The Director-General may cancel the registration of a pesticide or vector repellent if satisfied that — ( a ) having regard to any information received by him or her subsequent to the registration of the pesticide or vector repellent concerning the effects thereof, the hazards arising from the use of the pesticide for the purpose of vector control, or from the use of the vector repellent for the purpose of repelling vectors, outweigh the advantages of its use; ( b ) the pesticide or vector repellent is not being prepared in accordance with the particulars registered in respect of the pesticide or vector repellent, as the case may be; ( c ) the pesticide or vector repellent no longer conforms to the prescribed standards; ( d ) the pesticide or vector repellent is no longer available for purchase in Singapore; ( e ) the registrant has procured the registration of the pesticide or vector repellent by providing any false particulars, information or document or making any false statement or representation; ( f ) the registrant has failed to comply with any of the conditions subject to which the pesticide or vector repellent has been registered; ( g ) the container or package in which the pesticide or vector repellent is being sold or supplied or the label printed on or affixed to the container or package does not comply with the prescribed requirements; ( h ) the pesticide or vector repellent is being advertised in a manner that is false, misleading or deceptive; or ( i ) the registrant has contravened any of the provisions of this Act. (2) Before cancelling the registration of a pesticide or vector repellent, the Director‑General must serve a written notice on the registrant requiring the registrant, within such time as may be specified in the notice, to show cause to the Director‑General as to why the registration of the pesticide or vector repellent should not be cancelled. (3) If the registrant fails to show cause as mentioned in subsection (2) within the specified time or within such further period as the Director‑General may allow, the Director‑General may cancel the registration of the pesticide or vector repellent as from a date he or she specifies. (4) If the registrant complies with the notice, the Director‑General must consider any representations or submissions made by or on behalf of the registrant, and if the Director‑General is satisfied as to any of the matters mentioned in subsection (1), he or she may — ( a ) cancel the registration of the pesticide or vector repellent as from a date he or she specifies; or ( b ) allow the registration of the pesticide or vector repellent to continue, subject to the terms and conditions specified by the Director‑General. (5) The Director-General must, as soon as possible, inform the registrant in writing if the Director‑General — ( a ) cancels the registration of a pesticide or vector repellent under subsection (3) or (4)( a ); or ( b ) allows the registration of a pesticide or vector repellent to continue subject to terms and conditions under subsection (4)( b ).


document_id: cvpa-1998
provision_ref: s11
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 11
title: Removal of registration marks, surrender of stocks, etc., upon cancellation of registration
content:
11. Upon the cancellation of the registration of a pesticide or vector repellent — ( a ) the person to whom the registration was granted must, unless the Director‑General otherwise directs, immediately take reasonable and necessary steps to have the registration mark removed, cancelled or obliterated from every container, package or label on which the person has printed or caused to be printed or to which the person has affixed or caused to be affixed, the registration mark; and ( b ) the Director-General may, by written notice addressed to the person to whom the registration was granted, require that person to recall all stocks, or to cease the sale, supply or distribution, of that pesticide or vector repellent within such time as the Director‑General may specify in the notice.


document_id: cvpa-1998
provision_ref: s12
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 12
title: Appeals
content:
12. —(1) Any person aggrieved by — ( a ) the imposition of any condition by the Director-General under section 7(1)( a ) or (4) or section 10(4)( b ); ( b ) the refusal of the Director-General to register a pesticide or vector repellent under section 7(1)( b ); or ( c ) the cancellation of the registration of a pesticide or vector repellent by the Director‑General under section 10(3) or (4)( a ), may, within 14 days of the date of receiving the notice informing the person of such imposition, refusal or cancellation (as the case may be), appeal in writing to the Minister whose decision is final. (2) Even though any appeal under subsection (1) is pending — ( a ) any condition imposed by the Director-General under section 7(1)( a ) or (4) or section 10(4)( b ); or ( b ) any cancellation of the registration of a pesticide or vector repellent under section 10(3) or (4)( a ), takes effect from the date specified by the Director‑General, unless the Minister otherwise directs.


document_id: cvpa-1998
provision_ref: s13
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 13
title: Power to take samples of pesticides and vector repellents for analysis and to detain consignment
content:
13. —(1) Where the Director-General or an authorised officer knows or has reason to believe that any pesticide or vector repellent is stored on any premises, vessel or aircraft, he or she may, for the purpose of ascertaining whether the pesticide or vector repellent is in contravention of this Act — ( a ) enter the premises, vessel or aircraft at all reasonable times, to take, without payment, any reasonable sample of any pesticide or vector repellent (including its container and package) found stored on the premises, vessel or aircraft for analysis or testing; and ( b ) seize or detain under normal storage conditions or take any necessary measures to prevent the removal or disposal of the whole consignment from which the sample is taken until a report of the result of the analysis or test is obtained. (2) Where the Director-General or an authorised officer has seized or detained, or taken measures to prevent the removal or disposal of, any consignment of pesticides or vector repellents under subsection (1)( b ), the Director‑General or authorised officer (as the case may be) must immediately give written notice to — ( a ) the owner; ( b ) the consignor or consignee of the consignment; or ( c ) the agent of such owner, consignor or consignee, if the name and address of the owner, consignor, consignee or agent are known. (3) Any person aggrieved by any action taken by the Director‑General or an authorised officer under subsection (1)( b ) may, within 14 days of the action, appeal to the Minister whose decision is final. (4) A person must not — ( a ) without the authority of the Director-General or an authorised officer tamper with, remove, distribute, sell or otherwise dispose of, the whole or any part of a consignment in respect of which the person knows or ought reasonably to know that the Director‑General or an authorised officer has taken any action under subsection (1)( b ); or ( b ) alter, counterfeit, deface, destroy, erase or remove any identification mark, label or seal affixed by the Director‑General or an authorised officer to the consignment. (5) The Director-General or an authorised officer may by notice require the owner, consignor or consignee of the consignment from which any sample is taken under subsection (1)( a ) or the agent of such person — ( a ) to submit, at the person’s or agent’s own expense, the sample to an approved laboratory for the purpose of analysis or testing; and ( b ) to produce the report of analysis or testing issued by the approved laboratory. (6) Where — ( a ) the result of the analysis or testing of the sample conducted under subsection (1)( a ) or (5) confirms that the sample is not in contravention of this Act; or ( b ) the Minister on an appeal under subsection (3) so directs, the Director-General or an authorised officer (as the case may be) must immediately release the consignment. (7) Where the result of the analysis or testing of the sample conducted under subsection (1)( a ) or (5) confirms that the sample is in contravention of this Act, the Director‑General or an authorised officer (as the case may be) may direct the owner, consignor or consignee of the consignment or the agent of such person to treat or destroy or otherwise dispose of such consignment, at the expense of such owner, consignor or consignee or agent thereof, in such manner as the Director‑General or authorised officer thinks fit. (8) Where a person to whom a direction under subsection (7) is given fails to comply with that direction, the Director‑General or an authorised officer may take any steps that he or she thinks fit to — ( a ) secure the treatment, destruction or disposal of the consignment to which the direction relates; and ( b ) recover any costs and expenses reasonably incurred by him or her from that person in accordance with section 40.


document_id: cvpa-1998
provision_ref: s14
chapter: PART 3 - CONTROL OF PESTICIDES AND VECTOR REPELLENTS
section: 14
title: Penalty under this Part
content:
14. Any person who fails to comply with any notice (except a notice under section 10) or order made under this Part, or contravenes any of the provisions of this Part, 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 3 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: cvpa-1998
provision_ref: s15
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 15
title: Prohibition on creating conditions favourable to vectors
content:
15. —(1) A person must not create, or cause or permit to be created, any condition favourable to the propagation or harbouring of vectors. (2) Every person must comply with all such reasonable directions as may be given by the Director‑General or an authorised officer with a view to ensuring that such a condition does not arise or with a view to terminating the condition. (3) The directions may be given to the owner or occupier of any premises, vessel or aircraft and to any person therein, including the agents and servants of the owner or occupier. (4) If in any proceedings for a contravention of subsection (1) it is shown that the condition on any premises, vessel or aircraft is favourable to the propagation or harbouring of vectors, it is presumed, unless the contrary is proved, that the condition is created, or caused or permitted to be created, by the owner or occupier of the premises, vessel or aircraft.


document_id: cvpa-1998
provision_ref: s16
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 16
title: Prohibition on breeding, etc., of vectors without Director‑General’s permission
content:
16. —(1) A person must not breed, keep, collect, distribute, sell, import or export any vectors without the written permission of the Director‑General. (2) An application for the Director-General’s permission to breed, keep, collect, distribute, sell, import or export any vectors must be made in such form and must state such particulars as the Director‑General may require. (3) The Director-General may refuse the application without giving any reason. (4) The Director-General must not grant permission to any person to breed, keep, collect, distribute, sell, import or export any vectors unless the Director-General is satisfied that the application has been made for — ( a ) a scientific purpose; ( b ) purposes of education or research; or ( c ) any other purpose that is acceptable to the Director‑General. (5) The Director-General may, in granting permission to any person to breed, keep, collect, distribute, sell, import or export any vectors, impose any conditions that the Director‑General thinks fit. (6) The Director-General may revoke his or her permission granted under this section at any time without giving any reason.


document_id: cvpa-1998
provision_ref: s17
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 17
title: Powers of Director-General to direct taking of measures
content:
17. —(1) Where it appears to the Director-General that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Director‑General may make a written order addressed to the owner or occupier of the premises, vessel or aircraft. (2) The order made under subsection (1) may direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything on the premises, vessel or aircraft, so as to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors. (3) The Director-General may, in the order, direct that — ( a ) the vector control work or any other specified measure must be commenced on or before a specified date and must be completed within a specified period; ( b ) the vector control work must be carried out or any other specified measure must be taken at specified intervals over a specified period of time; ( c ) the vector control work or any other specified measure must be commenced within a specified period of time and continued until the premises, vessel or aircraft or anything on the premises, vessel or aircraft is no longer favourable to the propagation or harbouring of vectors; ( d ) any work being carried out on the premises, vessel or aircraft must be stopped either indefinitely or until the vector control work has been carried out or the specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or ( e ) the vector control work must be carried out or any other specified measure must be taken by a registered vector control operator or a licensed vector control technician. (4) The Director-General may, by written order, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered, any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors are unable to enter therein, and where any premises, vessel or aircraft is unoccupied, the order may be addressed to the owner thereof as if the owner were the occupier. (5) In particular and without limiting the powers under this section, the Director‑General may, in the order, direct the owner or occupier of any premises to — ( a ) drain any land in accordance with the specifications or in the manner specified in the order; or ( b ) fill up inequalities in the surface of any land to a specified level, so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in the order. (6) Despite subsections (1), (4) and (5), the Director‑General may, if in his or her opinion the circumstances so warrant, himself or herself cause any work or measure specified in those subsections to be carried out or taken and recover the costs and expenses incurred from the owner or occupier of the premises, vessel or aircraft, as the case may be. (7) Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft must be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Director‑General may make a complaint to a Magistrate’s Court. (8) The Magistrate’s Court may, upon application by the Director‑General, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft. (9) Any person aggrieved by any order made by the Director‑General under this section may, within 3 days of the order, appeal in writing to the Minister. (10) Even though any appeal under subsection (9) is pending, an order made by the Director‑General under this section takes effect from the date stated in the order, unless the Minister otherwise directs. (11) The Minister may, on an appeal made under subsection (9), confirm, vary or rescind the order or make any other order which the Director‑General is competent to make under this Act, and the decision of the Minister is final.


document_id: cvpa-1998
provision_ref: s18
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 18
title: Enforcement of order under section 17
content:
18. If the owner or occupier of any premises, vessel or aircraft on whom an order made under section 17 has been served fails to comply with the terms of the order, the Director‑General or an authorised officer may — ( a ) enter the premises, vessel or aircraft with such assistants and things as are necessary; and ( b ) do anything necessary or required by the order to be done and recover the costs and expenses incurred (if any) from the owner or occupier of the premises, vessel or aircraft.


document_id: cvpa-1998
provision_ref: s19
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 19
title: Prohibition on clearing undergrowth or vegetation under certain circumstances
content:
19. Where on any land there is any stream or seepage or running or standing water to which shade may be afforded by the development of undergrowth or other vegetation, a person must not cut down or clear, or cause or permit to be cut down or cleared, any undergrowth or vegetation within 6 metres of the stream or seepage or running or standing water without the prior approval of the Director‑General.


document_id: cvpa-1998
provision_ref: s20
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 20
title: Medical examination of persons suspected of being infected with vector-borne diseases
content:
20. The Director-General may, by written notice, require any person suspected of being infected with any vector‑borne disease to submit to medical examination and have his or her blood sample taken for examination within the time specified in the notice, and if the person is found to be infected, the Director‑General may require the person to undergo treatment.


document_id: cvpa-1998
provision_ref: s21
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 21
title: Spraying or fogging with pesticide
content:
21. —(1) The Director-General may, by written notice, require the owner or occupier of any premises, vessel or aircraft or any pond, well, pool or other body of water, to carry out the spraying or fogging thereof with any form of pesticide within the time specified in the notice. (2) Despite subsection (1), the Director-General may, if he or she considers it necessary, himself or herself carry out the spraying or fogging and recover any costs or expenses incurred from the owner or occupier of the premises, vessel or aircraft or pond, well, pool or other body of water, as the case may be. (3) A person must not remove or render less effective any pesticide sprayed or fogged under subsection (1) or (2).


document_id: cvpa-1998
provision_ref: s22
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 22
title: Power to require information
content:
22. If, in the opinion of the Director-General, there is reasonable ground for suspecting that any person possesses information relating to the propagation of vectors or of the occurrence of any vector‑borne disease, the Director‑General may require that the information be produced, whether immediately or within the time specified by the Director‑General.


document_id: cvpa-1998
provision_ref: s23
chapter: PART 4 - DESTRUCTION OF VECTORS
section: 23
title: Penalty under this Part
content:
23. Any person who fails to comply with any notice or order made under this Part, or contravenes any of the provisions of this Part, shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an offence under section 17, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in any other case, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: cvpa-1998
provision_ref: s24
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 24
title: Vector control operators to be registered
content:
24. A person must not — ( a ) in the course of any trade or business, undertake or engage in vector control work; or ( b ) advertise or otherwise hold himself, herself or itself out as a vector control operator, unless the person is registered as a vector control operator under this Act.


document_id: cvpa-1998
provision_ref: s25
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 25
title: Vector control technicians to be licensed
content:
25. A person must not act as or carry out the work of a vector control technician unless he or she is licensed or provisionally licensed as a vector control technician under this Act.


document_id: cvpa-1998
provision_ref: s26
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 26
title: Vector control workers to be certified
content:
26. A person must not act as or carry out the work of a vector control worker unless he or she is certified or provisionally certified as a vector control worker under this Act.


document_id: cvpa-1998
provision_ref: s27
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 27
title:
Vector control operator to employ licensed vector control technicians and certified vector control workers to carry out vector control work

content:
27. A registered vector control operator must not employ or engage any person — ( a ) to carry out the work of a vector control technician unless that person has been licensed or provisionally licensed as a vector control technician under this Act; or ( b ) to carry out the work of a vector control worker unless that person has been certified or provisionally certified as a vector control worker under this Act.


document_id: cvpa-1998
provision_ref: s28
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 28
title: Vector control technicians to be assisted only by certified vector control workers
content:
28. A vector control technician who is licensed or provisionally licensed under this Act must not allow any person to assist him or her, or to partake, in the carrying out of any vector control work unless that person has been certified or provisionally certified as a vector control worker under this Act.


document_id: cvpa-1998
provision_ref: s29
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 29
title: Application for registration, licence and certificate
content:
29. —(1) A person who desires to be — ( a ) registered as a vector control operator; ( b ) licensed as a vector control technician; or ( c ) certified as a vector control worker, under this Act may apply to the Director‑General in such form or manner as the Director‑General may require. (2) An application made under subsection (1) must be accompanied by — ( a ) the prescribed fee; and ( b ) such particulars, information and documents as the Director‑General may require. (3) Subject to subsections (4) and (5), the Director‑General may, upon receiving an application under subsection (1) — ( a ) grant the registration, licence or certificate applied for either unconditionally or subject to any conditions that the Director‑General thinks fit; or ( b ) refuse the application. (4) The Director-General must not — ( a ) register an applicant as a vector control operator unless the Director‑General is satisfied that the applicant is a fit and proper person to be so registered; or ( b ) grant a vector control technician’s licence or a vector control worker’s certificate to an applicant unless the Director‑General is satisfied that the applicant — (i) possesses the prescribed qualifications or practical experience; and (ii) is sufficiently competent, and in all other respects a fit and proper person, to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be. (5) Despite subsection (4)( b ), where — ( a ) an applicant for a vector control technician’s licence or a vector control worker’s certificate does not possess the requisite qualifications or practical experience; or ( b ) the Director-General is not satisfied that an applicant is sufficiently competent to be entrusted to carry out the work of a vector control technician or a vector control worker, as the case may be, the Director-General may, instead of refusing the application, require the applicant to undergo such training and to take and successfully complete such tests as the Director‑General may specify. (6) For the purpose of subsection (5), the Director‑General may, subject to any conditions that he or she thinks fit, grant a provisional vector control technician’s licence or a provisional vector control worker’s certificate to the applicant to enable the applicant to carry out the work of a vector control technician or a vector control worker (as the case may be) while undergoing training. (7) The Director-General may at any time vary or revoke any of the existing conditions imposed under subsection (3)( a ) or (6) or impose new conditions. (8) Where the Director-General has, under subsection (3)( b ), refused any application, he or she must, at the applicant’s request, state in writing the reasons for the refusal. (9) Where a person is registered as a vector control operator under this section, the Director‑General must issue a certificate of registration to that person, and the certificate or a certified copy of the certificate must be exhibited in a conspicuous place at the principal place of business of that person and at every other place where that person carries on business.


document_id: cvpa-1998
provision_ref: s30
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 30
title: Duration and renewal of registration, licence or certificate
content:
30. —(1) Subject to section 31 — ( a ) the registration of a vector control operator; ( b ) a vector control technician’s licence; and ( c ) a vector control worker’s certificate, granted under section 29(3)( a ) is each valid for a period of 3 years from the date of the grant and, subject to the provisions of this Act, may each be renewed upon its expiry. (2) Subject to section 31 — ( a ) a provisional vector control technician’s licence; and ( b ) a provisional vector control worker’s certificate, granted under section 29(6) is each valid for a period of 9 months from the date of the grant and, subject to the provisions of this Act, may each be renewed upon its expiry. (3) Section 29(2) to (9) applies, with the necessary modifications, to an application for the renewal of — ( a ) the registration of a vector control operator; ( b ) a vector control technician’s licence; or ( c ) a vector control worker’s certificate.


document_id: cvpa-1998
provision_ref: s31
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 31
title: Suspension and cancellation of registration, licence or certificate
content:
31. —(1) The Director-General may suspend or cancel the registration of a vector control operator, a vector control technician’s licence or a vector control worker’s certificate if the Director‑General is satisfied that — ( a ) the grant of the registration, licence or certificate has been obtained by fraud or misrepresentation; ( b ) the person to whom the registration, licence or certificate has been granted is contravening, or has contravened or failed to comply with — (i) any of the provisions of this Act; (ii) any condition subject to which the registration, licence or certificate (as the case may be) was granted to the person; or (iii) any direction given to the person by the Director‑General or an authorised officer under this Act; ( c ) the person to whom the registration, licence or certificate has been granted has ceased to carry on business as a vector control operator, vector control technician or vector control worker, as the case may be; ( d ) in the case of a person who has been granted a provisional vector control technician’s licence or a provisional vector control worker’s certificate, that person has failed to complete the training mentioned in section 29(6); or ( e ) it is in the public interest to suspend or cancel the registration, licence or certificate. (2) The Director-General, before suspending or cancelling any registration, licence or certificate under subsection (1), must — ( a ) give the person to whom the registration, licence or certificate has been granted written notice of the Director‑General’s intention to do so; and ( b ) in the notice call upon that person to show cause within such time as may be specified in the notice as to why the registration, licence or certificate should not be suspended or cancelled. (3) If the person to whom a notice has been given under subsection (2) — ( a ) fails to show cause within the period of time given to the person to do so or such extended period of time as the Director‑General may allow; or ( b ) fails to show sufficient cause, the Director-General must give written notice to that person of the date from which the suspension or cancellation of the registration, licence or certificate (as the case may be) takes effect. [4/2002] (4) For the purposes of this section — ( a ) any reference to a vector control technician’s licence includes a reference to a provisional vector control technician’s licence; and ( b ) any reference to a vector control worker’s certificate includes a reference to a provisional vector control worker’s certificate.


document_id: cvpa-1998
provision_ref: s32
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 32
title: Appeals
content:
32. —(1) Any person aggrieved by — ( a ) the imposition of any condition by the Director‑General in granting or renewing any registration, licence or certificate under section 29 or 30; ( b ) the refusal of the Director-General to grant or renew any registration, licence or certificate under section 29 or 30; or ( c ) the suspension or cancellation of any registration, licence or certificate by the Director‑General under section 31, may, within 14 days of the date of receiving the notice informing the person of such imposition, refusal, suspension or cancellation (as the case may be), appeal in writing to the Minister whose decision is final. (2) Even though any appeal under subsection (1) is pending, any condition imposed by the Director‑General under section 29 or 30 takes effect from the date specified by the Director‑General, unless the Minister otherwise orders. (3) If the person whose registration, licence or certificate has been suspended or cancelled by the Director‑General gives due notice of appeal to the Minister within the period referred to in subsection (1), the suspension or cancellation (as the case may be) does not take effect unless it is confirmed by the Minister or the appeal is for any reason dismissed by the Minister. (4) For the purposes of this section — ( a ) any reference to a licence includes a reference to a provisional vector control technician’s licence; and ( b ) any reference to a certificate includes a reference to a provisional vector control worker’s certificate.


document_id: cvpa-1998
provision_ref: s33
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 33
title: Register of vector control operators, vector control technicians and vector control workers
content:
33. —(1) The Director-General must maintain, in the form that he or she thinks fit, a register of all registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers. (2) Any person may, on payment of the prescribed fee, inspect the register at any time during office hours.


document_id: cvpa-1998
provision_ref: s34
chapter: PART 5 - CONTROL OF VECTOR CONTROL OPERATORS,
section: 34
title: Penalty under this Part
content:
34. Any person who contravenes any of the provisions of this Part 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 3 months or to both; and ( b ) in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: cvpa-1998
provision_ref: s35
chapter: PART 6 - MISCELLANEOUS
section: 35
title: Power to enter premises, vessel or aircraft
content:
35. —(1) The Director-General or an authorised officer may, with or without assistants, for the purposes of this Act, enter any premises, vessel or aircraft in order to make any survey, inspection or search or to execute any works authorised by this Act. (2) Any Medical Officer of Health may — ( a ) medically examine any person on any premises, vessel or aircraft for the purpose of ascertaining whether that person is suffering from, or has recently suffered from, or is a carrier of, any vector‑borne disease, or whether that person has been recently exposed to infection by any such disease; ( b ) medically treat any person on the premises, vessel or aircraft who is suffering from any vector‑borne disease; or ( c ) cause a post-mortem examination to be made on any corpse found on the premises, vessel or aircraft for the purpose of ascertaining whether the cause of death has been due to any vector‑borne disease. (3) A person must not, except with the consent of the occupier thereof, enter any dwelling-house by virtue of the powers conferred by this section without at least 12 hours’ previous notice being given to the occupier thereof, if any. (4) The owner or occupier of any premises, vessel or aircraft (as the case may be) must supply any information that the Director‑General or any authorised officer may require or consider to be reasonably necessary for the purpose of this section.


document_id: cvpa-1998
provision_ref: s36
chapter: PART 6 - MISCELLANEOUS
section: 36
title: Director-General may act in cases of emergency
content:
36. In cases of emergency the Director-General may direct the immediate execution of any work or the doing of any act (being any work or act authorised under this Act) which is in the opinion of the Director‑General necessary for public health or for the safety of the public.


document_id: cvpa-1998
provision_ref: s37
chapter: PART 6 - MISCELLANEOUS
section: 37
title: Owner and occupier to protect works
content:
37. —(1) Where the Director-General or any department of the Government has constructed any works with the object of preventing the breeding of vectors, the owner or occupier of the premises on which the works stand must prevent the premises from being used in any manner that is likely to — ( a ) cause the deterioration of the works; or ( b ) lessen the efficiency of the works. (2) Where any such premises are used in a manner that causes the deterioration, or lessens the efficiency, of the works — ( a ) the owner or occupier of the premises shall, subject to subsection (4), be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000; and ( b ) the Director-General may enter the premises with such assistants and things as are necessary, execute any necessary repairs or works on the premises and recover from the person convicted the costs and expenses incurred in connection with the repairs or works. (3) Before any proceedings are taken under this section, the Director‑General must give the owner or occupier (as the case may be) written notice specifying — ( a ) what the Director-General requires to be done or not to be done; and ( b ) the time within which the notice is to be complied with. (4) If the owner of the premises is, by reason of any contract (not being a contract made with an intention to evade liability under this section), prevented from entering the premises to carry out the duties and obligations mentioned in subsection (1), the owner shall not be liable to any of the penalties mentioned in subsection (2) unless it can be shown that the owner has contributed in any way to the refusal or failure of the occupier to carry out those duties and obligations.


document_id: cvpa-1998
provision_ref: s38
chapter: PART 6 - MISCELLANEOUS
section: 38
title: Penalty for damaging, etc., works
content:
38. —(1) Any person who, without the consent of the Director‑General, interferes with, damages, injures, destroys or renders useless any works executed or any materials or things placed in, under or upon any premises by or under the order of the Director‑General, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (2) The Director‑General may in addition recover from the person convicted any costs and expenses incurred in connection with the re‑execution of the works or the replacement of the materials or things so interfered with, damaged, injured, destroyed or rendered useless.


document_id: cvpa-1998
provision_ref: s39
chapter: PART 6 - MISCELLANEOUS
section: 39
title: Damage to property of Agency to be made good in addition to penalty
content:
39. —(1) If through any act, neglect or default on account of which any person has incurred any penalty under this Act any damage is caused by that person to property belonging to the Agency, the person shall be liable to make good the damage as well as to pay the penalty. (2) The amount of the damage is, in case of dispute, to be determined by the court by which the person incurring the penalty was convicted. (3) The amount of the damage may be recovered as if it were a fine imposed by the court.


document_id: cvpa-1998
provision_ref: s40
chapter: PART 6 - MISCELLANEOUS
section: 40
title: Compensation, damages, fees, costs and expenses to be determined by court
content:
40. —(1) Except as otherwise provided in this Act, in all cases when compensation, damages, fees, costs and expenses are by this Act directed to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute or failure to pay, to be summarily ascertained and determined by a District Court. (2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay that amount within 14 days after demand, that amount may be reported to a District Court and recovered in the same manner as if it were a fine imposed by a District Court. (3) An appeal shall lie to the General Division of the High Court from any decision of a District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals. [40/2019]


document_id: cvpa-1998
provision_ref: s41
chapter: PART 6 - MISCELLANEOUS
section: 41
title: Recovery of costs and expenses by instalments
content:
41. —(1) Where the Director-General has incurred costs and expenses in connection with the execution of any works, which are, under this Act, payable by or recoverable from the owner or occupier of any premises, vessel or aircraft (as the case may be), the Director‑General may obtain an undertaking from the owner or occupier for the payment of such instalments as will be sufficient to defray the whole amount of such costs and expenses. (2) Upon default in payment of any instalment on the date appointed for payment of the instalment by the undertaking mentioned in subsection (1), the whole of the amount outstanding — ( a ) immediately becomes due and payable; and ( b ) despite any change in the ownership or occupation of the premises, vessel or aircraft since the date of the undertaking, may be recovered by the same means and in the like manner as provided in section 40.


document_id: cvpa-1998
provision_ref: s42
chapter: PART 6 - MISCELLANEOUS
section: 42
title: Fees, etc., payable to Agency
content:
42. All fees, charges, composition fines and moneys collected under this Act must be paid to the Agency.


document_id: cvpa-1998
provision_ref: s43
chapter: PART 6 - MISCELLANEOUS
section: 43
title: Liability of transferor of property
content:
43. Where a person sells or transfers any property in respect of which costs and expenses have been incurred by the Agency in or about the execution of any works required to be done under this Act, and the costs and expenses are recoverable under this Act from the owner of the property, the person continues to be liable for — ( a ) the payment of all the costs and expenses which became payable before the transfer; and ( b ) the performance of all other obligations imposed by this Act upon the owner of the property which were required to be performed before the transfer.


document_id: cvpa-1998
provision_ref: s44
chapter: PART 6 - MISCELLANEOUS
section: 44
title: Persons unable to pay necessary expenses
content:
44. If it appears to the Director-General after due enquiry that any person does not have the means to pay the necessary expenses of doing anything required to be done by the person under this Act, the necessary expenses may be paid out of the funds of the Agency.


document_id: cvpa-1998
provision_ref: s45
chapter: PART 6 - MISCELLANEOUS
section: 45
title: Obstructing or hindering Director-General, etc., in performance of duties
content:
45. Any person who obstructs or hinders the Director‑General or any police officer or authorised officer, or any other person acting under the direction of the Director‑General, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: cvpa-1998
provision_ref: s46
chapter: PART 6 - MISCELLANEOUS
section: 46
title: Notice to attend court
content:
46. —(1) Where it appears to the Director-General or any police officer or authorised officer that any person has committed an offence under this Act, the Director‑General, police officer or authorised officer may serve on the person a notice in such form as may be prescribed requiring the person to attend at the court, at the hour and on the date specified in the notice. (2) The Director-General, police officer or authorised officer must prepare a duplicate of the notice mentioned in subsection (1) and, if so required by a court, produce the duplicate to the court. (3) When an accused person appears before a court pursuant to such a notice, the court is to take cognizance of the offence alleged and is to proceed as though the accused were brought before the court under section 153 of the Criminal Procedure Code 2010. [15/2010] (4) If a person who has been served the notice fails to appear before a court in accordance with the notice, the court is to issue a warrant for the arrest of that person. (5) When a person who is arrested pursuant to a warrant issued under subsection (4) is brought before a court, the court is to proceed as though the person were brought under section 153 of the Criminal Procedure Code 2010. [Act 31 of 2022 wef 01/11/2022]


document_id: cvpa-1998
provision_ref: s47
chapter: PART 6 - MISCELLANEOUS
section: 47
title: Power of arrest
content:
47. —(1) The Director-General, a police officer or an authorised officer may arrest without warrant any person committing in his or her view, or who he or she has reason to believe has committed, any offence under this Act if — ( a ) he or she does not know the person’s name and address; ( b ) the person omits or refuses to give his or her name and address or provide any other proof of identity that may be required; or ( c ) he or she has reason to believe that the name, address or proof of identity given by the person is false. (2) A person arrested under this section may be detained until his or her name and address are correctly ascertained. (3) A person arrested under this section must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.


document_id: cvpa-1998
provision_ref: s48
chapter: PART 6 - MISCELLANEOUS
section: 48
title: Person charged with offence to provide particulars if required
content:
48. —(1) Any person who is charged by the Director‑General, a police officer or an authorised officer with any offence under this Act must give his or her name and address and any other proof of identity to the Director‑General, police officer or authorised officer, if so required. (2) The occupier of any premises, vessel or aircraft must, if required by the Director‑General, police officer or authorised officer, give his or her name and other proof of identity and the name and address of the owner of the premises, vessel or aircraft, if known. (3) Any person who contravenes this section or wilfully misstates his or her name and address or the name and address of the owner of any premises, vessel or aircraft shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: cvpa-1998
provision_ref: s49
chapter: PART 6 - MISCELLANEOUS
section: 49
title: Offence by body corporate, etc.
content:
49. Where an offence under this Act has been committed by a body corporate, a partnership or an unincorporated association of persons, any person who, at the time of the commission of the offence, was a director, manager, partner, secretary or other similar officer thereof, or was purporting to act in any such capacity shall be guilty of that offence unless he or she proves that — ( a ) the offence was committed without his or her consent or connivance; and ( b ) he or she had exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions in that capacity and to all the circumstances.


document_id: cvpa-1998
provision_ref: s50
chapter: PART 6 - MISCELLANEOUS
section: 50
title: Limitation of liability
content:
50. Except in any case where, by reason of the act or omission complained of, any injury or danger to health subsists at the date of the complaint, no person shall be liable to any fine or penalty under this Act for any offence under this Act unless the complaint in respect of the offence is made within 12 months after the date of the commission of the offence.


document_id: cvpa-1998
provision_ref: s51
chapter: PART 6 - MISCELLANEOUS
section: 51
title: Jurisdiction of court
content:
51. 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: cvpa-1998
provision_ref: s52
chapter: PART 6 - MISCELLANEOUS
section: 52
title: Forfeiture
content:
52. Where any person is convicted of any offence under this Act, the court may order that any article seized under this Act be forfeited to the Agency and may further order that the article be disposed of, under the direction of the Director‑General, by the person convicted at the person’s own expense.


document_id: cvpa-1998
provision_ref: s53
chapter: PART 6 - MISCELLANEOUS
section: 53
title: Composition of offences
content:
53. —(1) The Director-General or any officer authorised in writing in that behalf by the Agency may 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 of money not exceeding $5,000. (2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of the offence.


document_id: cvpa-1998
provision_ref: s54
chapter: PART 6 - MISCELLANEOUS
section: 54
title: Protection from personal liability
content:
54. No suit or other legal proceedings shall lie against the Director‑General, an authorised officer or any other person acting under the direction of the Director‑General for anything which is in good faith done in the execution or purported execution of this Act.


document_id: cvpa-1998
provision_ref: s55
chapter: PART 6 - MISCELLANEOUS
section: 55
title: Receipts, notices, etc.
content:
55. —(1) All notices, orders, receipts, warrants and other documents which the Director‑General is empowered to give by this Act may be given — ( a ) in such form as the Director-General may determine; and ( b ) by any authorised officer. (2) Where any such notice, order, receipt, warrant or document requires authentication, either of the following appended thereto is sufficient authentication: ( a ) the signature of the Director-General or authorised officer; ( b ) a facsimile of the signature of the Director‑General or authorised officer.


document_id: cvpa-1998
provision_ref: s56
chapter: PART 6 - MISCELLANEOUS
section: 56
title: Service of documents, etc.
content:
56. —(1) Any notice, order or document required or authorised by this Act to be served on any person, and any summons issued by a court against any person in connection with any offence under this Act, may be served on the person — ( a ) by delivering it to the person or to an adult member or employee of his or her family or household at his or her last known place of residence; ( b ) by leaving it at his or her usual or last known place of residence or business in an envelope addressed to the person; ( c ) by sending it by registered post addressed to the person at his or her usual or last known place of residence or business; or ( d ) in the case of an incorporated company, a partnership or a body of persons — (i) by delivering it to the secretary or other similar officer of the company, partnership or body of persons at its registered office or principal place of business; or (ii) by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business. (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 (as the case may be) 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. (3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft, or any summons issued by a court against any such owner or occupier in connection with any offence under this Act, may be served — ( a ) by delivering it or a true copy of it to an adult person on the premises, vessel or aircraft; or ( b ) if there is no adult person on the premises, vessel or aircraft to whom it can with reasonable diligence be delivered, by affixing it to a conspicuous part of the premises, vessel or aircraft. (4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises, vessel or aircraft, or any summons issued by a court against any such owner or occupier in connection with any offence under this Act, is deemed to be properly addressed if addressed by the description of the owner or occupier of the premises, vessel or aircraft without further name or description.


document_id: cvpa-1998
provision_ref: s57
chapter: PART 6 - MISCELLANEOUS
section: 57
title: Inaccuracies in documents, etc.
content:
57. —(1) No misnomer or inaccurate description of any person, premises, building, street, place, vessel or aircraft named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act affects in any way the operation of this Act as respects that person, premises, building, street, place, vessel or aircraft if that person, premises, building, street, place, vessel or aircraft is so designated in the notice, order or document as to be identifiable. (2) No proceedings taken under or by virtue of this Act are invalid for want of form.


document_id: cvpa-1998
provision_ref: s58
chapter: PART 6 - MISCELLANEOUS
section: 58
title: Evidence of analyst
content:
58. —(1) Subject to subsection (3), a certificate of an analyst appointed under section 4(3) (called in this section an analyst’s certificate) — ( a ) stating that the analyst has analysed, tested or examined any pesticide, vector repellent or other substance or thing; and ( b ) stating the result of his or her analysis, test or examination, is admissible in any proceedings for an offence under this Act as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis, test or examination. (2) For the purpose of subsection (1), a document purporting to be an analyst’s certificate, when produced by the prosecution, is, unless the contrary is proved, deemed to be such a certificate. (3) An analyst’s certificate shall not be received in evidence under subsection (1) unless the person charged has, not less than 10 clear days before the proceedings commence, been given — ( a ) a copy of the certificate; and ( b ) notice of the intention of the prosecution to produce the certificate as evidence in the proceedings. (4) Where an analyst’s certificate is admitted in evidence under subsection (1), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross‑examined as if the analyst had given evidence of the matters stated in the certificate. (5) The contents of any document prepared, issued or served under or for the purposes of this Act are, until the contrary is proved, presumed to be correct, and the production of any document or book purporting to contain any apportionment made under this Act shall, without any other evidence, be received as prima facie evidence of the making and validity of the apportionment mentioned therein.


document_id: cvpa-1998
provision_ref: s59
chapter: PART 6 - MISCELLANEOUS
section: 59
title: Exemption
content:
59. The Agency may, subject to the general or special directions of the Minister, either permanently or for any period that the Agency thinks fit, exempt any person, premises, vessel or aircraft or any class of persons, premises, vessel or aircraft from any of the provisions of this Act.


document_id: cvpa-1998
provision_ref: s60
chapter: PART 6 - MISCELLANEOUS
section: 60
title: Regulations
content:
60. —(1) The Agency may, with the approval of the Minister, make regulations for carrying out the purposes of this Act and for any matter required under this Act to be prescribed. (2) Without limiting subsection (1), the Agency may, with the approval of the Minister, make regulations — ( a ) prescribing the particulars, information and documents to be provided with any application made under this Act; ( b ) prescribing the form to be used for any purpose under this Act; ( c ) prescribing standards for efficacy and safety of pesticides and vector repellents; ( d ) prescribing the qualifications and other requirements to be met by any person applying to be registered as a vector control operator or licensed as a vector control technician or certified as a vector control worker (called in this section an applicant); ( e ) providing for the examination or testing of an applicant, and prescribing the circumstances in which and conditions on which an applicant may be exempted from the examination or testing; ( f ) prescribing the duties and obligations of registered vector control operators, licensed and provisionally licensed vector control technicians and certified and provisionally certified vector control workers; ( g ) providing for the powers and duties of the Director‑General or authorised officers under this Act; ( h ) prohibiting, controlling or regulating the carrying out of any type of vector control work or the use of any type of pesticide for the purpose of vector control; ( i ) regulating the storage of pesticides and vector repellents; ( j ) regulating the disposal of the residues or remnants of any pesticide used in vector control work; ( k ) imposing temporary restrictions upon the use of any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work; ( l ) requiring tests to be carried out on any premises, vessel or aircraft on which any vector control work has been carried out, for the purpose of preventing injurious effects which may result from the vector control work or the use of any pesticide in connection with the work; ( m ) prescribing the manner in which any pesticide or vector repellent is to be contained, packaged or labelled before it is offered for sale or supply; ( n ) prescribing the procedure for the taking and analysis of samples under this Act; ( o ) prescribing the fees to be charged for the purposes of this Act; and ( p ) prescribing the offences which may be compounded and the method and procedure by which such offences may be compounded. (3) The Agency may, with the approval of the Minister, in making any regulations, provide that any contravention of, or failure or neglect to comply with any regulations shall be an offence and may prescribe the fine with which the offence shall be punishable, except that no such fine shall exceed for any one offence the sum of $10,000 and, in the case of a continuing offence, the sum of $500 for every day or part of a day during which the offence continues after conviction. (4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cvpa-1998
provision_ref: s61
chapter: PART 6 - MISCELLANEOUS
section: 61
title: Transitional provision
content:
61. Any licence, permit, document, application, approval, permission, order, direction, ruling or notice issued, made, given or approved by the Commissioner of Public Health under any provision of this Act immediately before 1 July 2002 is deemed to have been issued, made, given or approved under the same provision by the Director‑General.


document_id: cwpa-2000
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “authorised officer” means — ( a ) the Director‑General; ( b ) any officer of customs; ( c ) any police officer; or ( d ) any person appointed as an authorised officer under section 6(3); “chemical weapon” means the following, together or separately: ( a ) a toxic chemical and its precursors, except where intended for a permitted purpose, as long as the type and quantity are consistent with that purpose; ( b ) a munition or device, specifically designed to cause death or other harm through the toxic properties of a toxic chemical referred to in paragraph ( a ), which would be released as a result of the employment of the munition or device; ( c ) any equipment specifically designed for use directly in connection with the employment of a munition or device referred to in paragraph ( b ); “Chemicals Annex” means the Annex on Chemicals to the Convention; “Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction concluded at Paris on 13 January 1993, and includes the Annexes to the Convention and any amendments to, or substitutions of, the Convention or the Annexes that are binding on Singapore; “conveyance” includes any vessel, train, vehicle, aircraft or other mode of transport; “Director‑General” means the Director‑General of Customs appointed under section 4(1) of the Customs Act 1960; “export” means to take or cause to be taken out of Singapore by land, water or air and includes the placing of any thing in a conveyance for the purposes of being taken out of Singapore but does not include the taking out of Singapore of that thing on the same conveyance on which it was brought into Singapore unless that thing after being brought into Singapore has been landed in Singapore; “import” means to bring or cause to be brought into Singapore by land, water or air from any place that is outside Singapore but does not include the bringing into Singapore of any thing that is to be taken out of Singapore on the same conveyance on which it was brought into Singapore without any landing in Singapore; “international inspector” means an individual designated by the Technical Secretariat according to the procedures set forth in the Verification Annex to the Convention to carry out an inspection or visit in accordance with the Convention, and includes any inspection assistant as defined in the Convention; “licence” means a licence granted under section 9; “national inspector” means any person who is a national inspector by virtue of, or appointed under, section 16; “officer of customs” means — ( a ) any Deputy Director‑General of Customs or Assistant Director‑General of Customs appointed under section 4(2) of the Customs Act 1960; ( b ) any senior officer of customs appointed under section 4(4) of the Customs Act 1960; or ( c ) any officer of customs appointed under section 5(2) of the Customs Act 1960; “permitted purpose” means — ( a ) in the case of a Schedule 1 chemical, research, medical, pharmaceutical or protective purpose; ( b ) in the case of any other toxic chemical — (i) industrial, agricultural, research, medical, pharmaceutical or any other peaceful purpose; (ii) any purpose directly related to protection against toxic chemicals and to protection against chemical weapons; (iii) any military purpose not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (iv) any law enforcement purpose (including domestic riot control); “premises” includes any land, building, structure and conveyance; “produce”, in relation to a scheduled chemical, means forming the chemical through a chemical, biochemical or biologically mediated reaction; and includes forming the chemical by any such reaction as an intermediate, a by-product or a waste product during the manufacture of any product, where the intermediate, by‑product or waste product — ( a ) is formed and consumed within a defined manufacturing sequence; and ( b ) is chemically stable and exists for a sufficient time to make its isolation from the manufacturing stream possible; but where isolation does not occur under normal or specially designed operating conditions; “Schedule 1 chemical” means a chemical listed in Schedule 1 of the Schedules of Chemicals in the Chemicals Annex, and is set out in Part 1 of the Schedule to this Act; “Schedule 2 chemical” means a chemical listed in Schedule 2 of the Schedules of Chemicals in the Chemicals Annex, and is set out in Part 2 of the Schedule to this Act; “Schedule 3 chemical” means a chemical listed in Schedule 3 of the Schedules of Chemicals in the Chemicals Annex, and is set out in Part 3 of the Schedule to this Act; “scheduled chemical” means a Schedule 1, 2 or 3 chemical; “transfer” includes import and export; “Verification Annex” means the Annex on Implementation and Verification to the Convention. [49/2007] (2) Any word or expression used and not defined in this Act but defined in the Convention, unless the context otherwise requires, has the same meaning as in the Convention.


