# legal_provisions

document_id: masa-1955
provision_ref: s3
section: 3
title: Prohibition of advertisements relating to certain diseases
content:
3. —(1) Subject to the provisions of this Act, no person shall take part in the publication of any advertisement referring to any article or articles of any description in terms which are calculated to lead to the use of that article or articles of that description as a medicine, appliance or remedy for the purpose of treatment of human beings for any of the diseases and conditions set out in the Schedule: Provided that this subsection shall not apply to any advertisement published by the Government or any public authority, or by the governing body of a public hospital or by any person authorised to publish the advertisement by the Minister. (2) In any proceedings for a contravention of subsection (1), it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was published only so far as was reasonably necessary to bring it to the notice of persons of the following classes or of one or some of them: ( a ) members of a local or public authority; ( b ) members of the governing body of a public hospital; ( c ) registered medical practitioners; ( d ) registered dentists; ( e ) registered nurses and midwives; ( f ) registered pharmacists and holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938; ( g ) persons undergoing training with a view to becoming registered medical practitioners, registered dentists, registered nurses or registered pharmacists. [9/99] (3) The Minister may, by notification in the Gazette , add to, vary or amend the Schedule. 4. [ Repealed by Act 11 of 2023 wef 26/06/2023 ]


document_id: masa-1955
provision_ref: s5
section: 5
title: Prohibition of advertisements relating to abortion
content:
5. Subject to the provisions of this Act, no person shall take part in the publication of any advertisement referring to any skill or service, or to any article or articles of any description, in terms which are calculated to induce any person to seek the advice of the advertiser or any person referred to in the advertisement in connection with such skill or service, or to lead to the use of that article or articles of that description, for procuring miscarriage of women.


document_id: masa-1955
provision_ref: s6
section: 6
title: Provisions as to offences under sections 3 and 5
content:
6. —(1) If any person contravenes section 3 or 5, he shall be guilty of an offence and shall, subject to the provisions of this Act, be liable on conviction — ( a ) in the case of a first conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both; and ( b ) in the case of a subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both. [Act 11 of 2023 wef 26/06/2023] (2) Where in any proceedings for a contravention of section 3 or 5 it is proved — ( a ) that an advertisement was published referring to any article or articles of any description, in terms calculated to lead to the use of that article or articles of that description — (i) in the case of a contravention of section 3, for the treatment of human beings for any such disease or condition as is mentioned in the Schedule; or (ii) in the case of a contravention of section 5, for procuring the miscarriage of women; and ( b ) that the advertisement also referred to the article or articles in terms calculated to indicate that it or they were manufactured, produced, imported, sold or offered for sale by the person charged, then, unless the contrary is proved, it shall be presumed for the purpose of those proceedings that that person took part in the publication of the advertisement, but without prejudice to the liability of any other person. (3) In any proceedings for a contravention of section 3 or 5, it shall be a defence for the person charged to prove — ( a ) that the advertisement to which the proceedings relate was published in such circumstances that he did not know and had no reason to believe that he was taking part in the publication thereof; or ( b ) that the advertisement was published only in a publication of a technical character intended for circulation mainly amongst persons of the following classes, or of one or some of them: (i) registered medical practitioners; (ii) registered dentists; (iii) registered nurses and midwives; (iv) registered pharmacists and holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938; (v) persons undergoing training with a view to becoming registered medical practitioners, registered dentists, registered nurses or registered pharmacists. [Act 11 of 2023 wef 26/06/2023] [9/99] (4) [ Deleted by Act 11 of 2023 wef 26/06/2023 ]


document_id: masa-1955
provision_ref: s7
section: 7
title: Disclosure of composition of medicines
content:
7. —(1) Subject to the provisions of this Act, no person shall — ( a ) sell by retail any article consisting of or comprising a substance recommended as a medicine; or ( b ) supply any such article as a sample for the purpose of inducing persons to buy by retail the substances of which it consists or which it comprises, unless there is written in the English language (as well as in any other language that may be used in addition to the English language) so as to be clearly legible on the article or a label affixed thereto, or, if the article is sold or supplied in a container, on the container or a label affixed thereto, or, if the article is sold or supplied in more than one container, on the inner container or a label affixed thereto — ( c ) the appropriate designation of the substance so recommended, or of each of the active constituents thereof, or of each of the ingredients of which it has been compounded; and ( d ) in a case where the appropriate designation of each of the active constituents or the ingredients is written, the appropriate quantitative particulars of the constituents or ingredients: Provided that this subsection shall not apply to any article made up and supplied for the use of a particular person, being an article prescribed by reference to the needs of that person. (2) In subsection (1) — ( a ) “appropriate designation”, in relation to a substance, constituent or ingredient, means — (i) in a case where the substance, constituent or ingredient is a poison included in the Poisons List, the name with which the container of the poison is for the time being required to be labelled in pursuance of section 6(2) of the Poisons Act 1938 and rules 22 and 23 of the Poisons Rules; (ii) in a case where the substance, constituent or ingredient is not such a poison and is described in any of the monographs contained in the edition of the British Pharmacopoeia or the British Pharmaceutical Codex which was last published before the date on which the article was sold or supplied, the description set out at the head of that monograph; (iii) in a case where the substance, constituent or ingredient is not such a poison and is not described as in sub‑paragraph (ii), the accepted scientific name, or other name descriptive of the true nature, of the substance, constituent or ingredient; ( b ) “appropriate quantitative particulars”, in relation to the active constituents or the ingredients of a substance, means — (i) the approximate percentage of each of those constituents or ingredients contained in the substance or the approximate quantity of each of those constituents or ingredients contained in the article sold or supplied; or (ii) in a case where that article consists of or comprises a number of separate portions of the substance, either the approximate percentage or quantity aforesaid, or the approximate quantity of each of the constituents or ingredients contained in each portion; and ( c ) “container” includes a wrapper. (3) If any person sells or supplies an article in contravention of subsections (1) and (2), he shall, subject to the provisions of this Act, be guilty of an offence and shall be liable on conviction — ( a ) in the case of a first conviction, to a fine not exceeding $1,000; and ( b ) in the case of a subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (4) It shall be a defence for a person charged with selling such an article in contravention of subsection (1) to prove that the sale was effected at a shop, and that the article consisted wholly either — ( a ) of a substance produced by drying, crushing or comminuting (but not subjecting to any other process) a plant or plants or any part thereof, or of a mixture the sole ingredients whereof are two or more such substances, or of a mixture the sole ingredients whereof are one or more of such substances and water; or ( b ) of a natural mineral water, or an artificial imitation thereof.


document_id: masa-1955
provision_ref: s8
section: 8
title: Jurisdiction
content:
8. Notwithstanding anything in the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court may try any offence under this Act and may impose the full penalties prescribed by this Act.


document_id: masa-1955
provision_ref: s9
section: 9
title: Exemption
content:
9. The Minister may by order exempt any advertisement or class of advertisements from section 5. [Act 11 of 2023 wef 26/06/2023]


document_id: masa-1970
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Monetary Authority of Singapore established under section 3; “bank” means a bank licensed under the Banking Act 1970; “board” means the board of directors of the Authority; “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “director” means a director appointed under section 8(1) and the chairperson and the deputy chairperson of the board; “managing director” means a director appointed under section 9(1); “money market operations” means any transaction undertaken by the Authority as the central bank to manage liquidity in the banking system; “officer”, in relation to the Authority, includes any person employed by the Authority in an executive capacity; “primary dealer” means a person appointed under section 145 as a primary dealer for securities issued by the Authority. [24/2003; 13/2007; 9/2013; 4/2017; 31/2017]


document_id: masa-1970
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 3
title: Establishment of Authority
content:
3. —(1) An Authority called the Monetary Authority of Singapore is established, which is a body corporate having perpetual succession and which may sue and be sued in its own name. (2) The Authority must have a common seal and the seal may be broken, changed, altered and made anew as to the Authority seems fit, and, until a seal is provided under this section, a stamp bearing the inscription “The Monetary Authority of Singapore” may be used as the common seal. (3) All deeds, documents and other instruments requiring the seal of the Authority must be sealed with the common seal of the Authority, by the authority of the Authority, in the presence of the managing director and of some other person duly authorised by the Authority to act in that behalf and must be signed by the managing director and by such duly authorised person. (3A) The managing director may, subject to such terms and conditions as the managing director thinks fit, appoint an officer of the Authority who holds the appointment of deputy managing director or its equivalent, to exercise the power and perform the duty of the managing director under subsection (3), and that officer must exercise that power and perform that duty under the direction and control of the managing director. [31/2017] (3B) To avoid doubt, the managing director — ( a ) remains responsible for the exercise of the power, and the performance of the duty, by the deputy managing director (or equivalent) delegated under subsection (3A); and ( b ) may continue to exercise the power and perform the duty, despite the delegation under subsection (3A). [31/2017] (4) Such signing by the managing director or officer appointed by the managing director under subsection (3A) is sufficient evidence that the common seal of the Authority has been duly and properly affixed and that the seal is the lawful common seal of the Authority. [31/2017] (5) The Authority may, by resolution or otherwise, appoint an officer of the Authority or any other agent either generally or in a particular case to execute or sign on behalf of the Authority any agreement or other instrument not under seal in relation to any matter coming within the powers of the Authority.


document_id: masa-1970
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 4
title: Principal objects and functions of Authority
content:
4. —(1) The principal objects of the Authority are — ( a ) to maintain price stability conducive to sustainable growth of the economy; ( b ) to foster a sound and reputable financial centre and to promote financial stability; ( c ) to ensure prudent and effective management of the official foreign reserves of Singapore; and ( d ) to grow Singapore as an internationally competitive financial centre. [13/2007; 9/2013] (1A) The Authority, when giving effect to its objects under subsection (1), is to act on the basis that the object in paragraph ( b ) prevails over the object in paragraph ( d ) of that subsection. [31/2017] (2) The functions of the Authority are — ( a ) to act as the central bank of Singapore, conduct monetary policy, issue currency, oversee payment systems and serve as banker to and financial agent of the Government; ( b ) to conduct integrated supervision of the financial services sector and financial stability surveillance; ( c ) to manage the official foreign reserves of Singapore; and ( d ) to develop Singapore as an international financial centre. [13/2007; 9/2013]


document_id: masa-1970
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 5
title: Paid-up capital
content:
5. —(1) The paid-up capital of the Authority is to be $100 million. [21/2005] (2) The paid-up capital may be revised from time to time by such amount as the Government and the board may agree. [31/2017] (3) For the purpose of subsection (2), the board must consider the Authority’s capital and reserves necessary for the Authority to carry out its principal objects and functions. [31/2017] (4) Any reduction of or increase in the paid-up capital may be effected by way of transfers to or from the General Reserve Fund, or by such other means as the Government and the board may from time to time agree. [31/2017]


document_id: masa-1970
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 6
title: General Reserve Fund
content:
6. —(1) There is to be a General Reserve Fund of the Authority. (2) At the end of each financial year, the net profit of the Authority for that year is to be determined after allowing for the expenses of operation and after provision has been made for bad and doubtful debts, depreciation in assets, contributions to staff and pension funds and such other contingencies or purposes as the Authority may determine. [24/2003] (3) Subject to subsection (4), such part of the net profit for each financial year as the Authority may determine must be paid to the Government and the remainder of the net profit (if any) must be credited to the General Reserve Fund. [24/2003] (3A) Despite subsection (3), the Authority may pay to the Government such amount from the General Reserve Fund over and above the net profit (if any) as the Authority may determine. [24/2003] (4) Where the General Reserve Fund is in deficit at the end of a financial year — ( a ) if the Authority’s net profit for that financial year is larger than the deficit, an amount of not less than the net profit necessary to offset the deficit, as determined by the Authority, must be credited to the General Reserve Fund; and ( b ) if the Authority’s net profit for that financial year is smaller than or equal to the deficit, the whole of the net profit must be credited to the General Reserve Fund. [31/2017]


document_id: masa-1970
provision_ref: s6A
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 6A
title: Transfer of Currency Fund to Authority’s accounts
content:
6A. —(1) For the purposes of section 21 of the Currency Act 1967, the Authority must, starting from 15 August 2017, commence transferring all of the assets (including external assets) and liabilities of the Currency Fund established under section 21(1) of the Currency Act 1967 as in force immediately before that date, to such of the accounts holding the Authority’s assets and liabilities as the Authority may determine. [31/2017] (2) Upon the completion of the transfer mentioned in subsection (1), the Authority must publish a notification in the Gazette of the completion and the date of the completion. [31/2017]


document_id: masa-1970
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 7
title: Board of directors
content:
7. —(1) There is to be a board of directors of the Authority which is responsible for the policy and general administration of the affairs and business of the Authority. (2) The board must, from time to time, inform the Government of the regulatory, supervisory and monetary policies of the Authority. [13/2007] (3) The board consists of — ( a ) a chairperson who is to be appointed by the President on the recommendation of the Cabinet; and ( b ) not less than 4 and not more than 13 other directors, one of whom is the deputy chairperson, appointed in accordance with sections 8 and 9. [9/2013] (4) The board must provide the Minister with such information as the Minister may require in respect of the duties and functions of the Authority. [13/2007]


document_id: masa-1970
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 8
title: Appointment of directors
content:
8. —(1) The directors referred to in section 7(3)( b ) are to be appointed by the President who, on the recommendation of the Minister, is also to appoint the deputy chairperson. (2) The directors so appointed — ( a ) must not act as delegates on the board from any commercial, financial, agricultural, industrial or other interests with which they may be connected; ( b ) hold office for a term not exceeding 3 years and are eligible for re‑appointment; and ( c ) may be paid by the Authority out of the funds of the Authority such remuneration and allowances as may be determined by the President. (3) Subsection (2)( b ) and ( c ) does not apply to a director who is appointed managing director under section 9.


document_id: masa-1970
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 9
title: Appointment of managing director
content:
9. —(1) The President, if he or she concurs with the advice or recommendation of the Public Service Commission, is to appoint one of the directors appointed under section 8 to be the managing director. (2) The managing director must be an employee of the Authority on such terms and conditions of service as the President may decide. (3) The managing director is entrusted with the day‑to‑day administration of the Authority, and may, subject to this Act, make decisions and exercise all powers and do all acts which may be exercised or done by the Authority under this Act or any other written law. [24/2003] (4) The managing director is answerable to the board for his or her acts and decisions. (5) In the event of the absence or inability to act of the managing director, the Minister may appoint — ( a ) a director; or ( b ) with the President’s concurrence, an officer of the Authority who holds the appointment of assistant managing director or its equivalent or above, to discharge the duties of the managing director during the period of the managing director’s absence or inability to act. [13/2007] (6) The managing director may, subject to such terms and conditions as the managing director thinks fit, appoint any officer or employee of the Authority, or form any committee comprising officers or employees of the Authority or both, to exercise any of the managing director’s powers or perform any of the managing director’s functions or duties conferred or imposed upon the managing director by virtue of subsection (3), and that officer, employee or committee must exercise those powers or perform those functions or duties under the direction and control of the managing director. [24/2003] (7) To avoid doubt, the managing director — ( a ) remains responsible for any exercise of his or her powers or any performance of his or her functions or duties by any officer or employee appointed or by any committee formed under subsection (6); and ( b ) may continue to exercise his or her powers or perform his or her functions or duties conferred or imposed upon him or her by virtue of subsection (3), despite the delegation of the power, function or duty under subsection (6). [24/2003]


document_id: masa-1970
provision_ref: s10
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 10
title: Disqualification of directors
content:
10. —(1) No person may be appointed as or remain a director of the Authority who is a director or salaried official of any financial institution licensed or approved by the Authority under any written law. (2) The President may terminate the appointment of any director appointed under section 8(1) if the director — ( a ) resigns his or her office; ( b ) has a mental disorder and becomes incapable of managing himself or herself or his or her affairs; ( c ) becomes bankrupt or suspends payment to or compounds with his or her creditors; ( d ) is convicted of an offence involving dishonesty or fraud or moral turpitude; ( e ) is guilty of serious misconduct in relation to his or her duties; ( f ) is absent, without leave, from 3 consecutive meetings of the board; or ( g ) fails to comply with his or her obligations under section 13. [21/2008]


document_id: masa-1970
provision_ref: s11
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 11
title: Vacancies in office of director
content:
11. If any director appointed under section 8(1) dies or resigns or otherwise vacates his or her office before the expiry of the term for which he or she has been appointed, another person may be appointed by the President for the unexpired period of the term of office of the director in whose place the person is appointed.


document_id: masa-1970
provision_ref: s11A
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 11A
title: Presidential concurrence
content:
11A. The President, acting in his or her discretion, may refuse to appoint any person as chairperson, deputy chairperson, director or managing director or to revoke any such appointment if the President does not concur with the advice or recommendation of the Minister, the Cabinet, a Minister acting under the general authority of the Cabinet or the Public Service Commission (as the case may be) and may refuse to concur with an appointment by the Minister under section 9(5)( b ). [13/2007]


document_id: masa-1970
provision_ref: s12
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 12
title: Meetings and decisions of board
content:
12. —(1) The chairperson of the board may summon meetings as often as may be required but at least one meeting must be summoned in each quarter of a calendar year. [Act 12 of 2024 wef 30/08/2024] (2) At every meeting of the board, a quorum consists of 4 directors or a simple majority of the directors, whichever is the larger, and decisions are to be adopted by a simple majority of the votes of the directors present and voting except that in the case of an equality of votes the chairperson has a casting vote. (3) To avoid doubt, a decision of the board may be made by way of a resolution passed by a simple majority of the directors by written or electronic means. [24/2003] (4) In subsection (1), each of the following is a quarter of a calendar year: ( a ) January, February and March of the same calendar year; ( b ) April, May and June of the same calendar year; ( c ) July, August and September of the same calendar year; ( d ) October, November and December of the same calendar year. [Act 12 of 2024 wef 30/08/2024]


document_id: masa-1970
provision_ref: s13
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 13
title: Director’s interest in contract to be made known
content:
13. —(1) A director who is, directly or indirectly, interested in a contract made, or proposed to be made, by the Authority must disclose the nature of his or her interest at the first meeting of the board at which he or she is present after the relevant facts have come to his or her knowledge. (2) A disclosure under subsection (1) must be recorded in the minutes of the board and, after the disclosure, the director — ( a ) must not take part in any deliberation or decision of the board with respect to that contract; and ( b ) must be disregarded for the purpose of constituting a quorum of the board for any such deliberation or decision. (3) No act or proceeding of the board may be questioned on the ground that a director has contravened this section.


document_id: masa-1970
provision_ref: s13A
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 13A
title: Appointment of committees and delegation of powers
content:
13A. —(1) The Authority may appoint from among its directors or other persons who are not directors any number of committees that it thinks fit for purposes which, in the opinion of the Authority, would be better regulated and managed by means of those committees. [24/2003] (2) The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee or any director any of the powers, functions or duties of the Authority under this Act or any other written law, except the power of delegation conferred by this subsection and the power to make subsidiary legislation unless expressly provided under any written law. [24/2003] (3) Any power, function or duty delegated under subsection (2) may be exercised or performed by such committee or director (as the case may be) in the name and on behalf of the Authority. [24/2003] (4) The Authority may continue to exercise a power conferred upon it, or perform a function or duty under this Act or any other written law, despite the delegation of the power, function or duty under this section. [24/2003]


document_id: masa-1970
provision_ref: s13B
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 13B
title: Appointment of assistants
content:
13B. —(1) The Authority may appoint any person to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power of appointment conferred by this subsection, the power of delegation conferred by section 13A(2) and the power to make subsidiary legislation. [9/2013] (2) Any person appointed by the Authority under subsection (1) is deemed to be a public servant for the purposes of the Penal Code 1871. [9/2013]


document_id: masa-1970
provision_ref: s14
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 14
title: Interpretation of sections 14A, 14B and 14C
content:
14. In sections 14A, 14B and 14C — “gain” means — ( a ) a gain in property or a supply of services, whether temporary or permanent; or ( b ) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration; “generally available information” means information that consists of readily observable matter, including information that consists of deductions, conclusions or inferences made or drawn from readily observable matter; “harm”, in relation to an individual, means — ( a ) any physical harm; or ( b ) harassment, alarm or distress caused to the individual; “loss” means — ( a ) a loss in property or a supply of services, whether temporary or permanent; or ( b ) a loss of an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of remuneration, but excludes, in relation to an individual, the loss of personal data about the individual; “personal data” has the meaning given by section 2(1) of the Personal Data Protection Act 2012; “prescribed circumstances” or “prescribed purpose” means any circumstances or purpose prescribed in regulations made under section 14D. [40/2020]


document_id: masa-1970
provision_ref: s14A
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 14A
title: Preservation of secrecy
content:
14A. —(1) Subject to subsection (3), an individual who is or has been a director or an officer or employee of the Authority must not disclose to any person any information which the individual acquired in the performance of the individual’s duties or the exercise of the individual’s functions. [40/2020] (2) Subject to subsection (3), a person who is or has been — ( a ) a contractor supplying goods or services to the Authority; ( b ) a consultant or an agent of the Authority; or ( c ) an employee of a person mentioned in paragraph ( a ) or ( b ), must not disclose to any other person any information (other than personal data about an individual) which the firstmentioned person acquired in the performance of that person’s duties or the exercise of that person’s functions. [40/2020] (3) Subsection (1) or (2) does not apply if the individual or person (as the case may be) ( P ) discloses the information concerned — ( a ) for the purpose of performing P ’s duties or exercising P ’s functions; ( b ) as authorised by the Authority; ( c ) as permitted or required by or under any written law; ( d ) as authorised or required under an order of court; or ( e ) in any other prescribed circumstances or for any other prescribed purpose. [40/2020] (4) To avoid doubt, subsection (3) does not affect any obligation or limitation imposed on, or prohibition of, the disclosure of personal data in the possession or under the control of the Authority by or under any other written law or other law. [40/2020] (5) An individual who contravenes subsection (1), or a person who contravenes subsection (2), 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. [40/2020]


document_id: masa-1970
provision_ref: s14B
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 14B
title: Improper use of information
content:
14B. —(1) If — ( a ) an individual makes use of any information in the possession or under the control of the Authority which the individual acquired in the performance of the individual’s duties or the exercise of the individual’s functions; ( b ) the use is not authorised by the Authority; ( c ) the individual is or has been a director or an officer or employee of the Authority; ( d ) the individual does so — (i) knowing that the use is not authorised by the Authority; or (ii) reckless as to whether the use is or is not authorised by the Authority; and ( e ) the individual, as a result of that use — (i) obtains a gain for the individual or another person; (ii) causes harm to another individual; or (iii) causes a loss to another person, the individual 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. [40/2020] (2) If — ( a ) a person makes use of information (other than personal data about an individual) in the possession or under the control of the Authority which the person acquired in the performance of the person’s duties or the exercise of the person’s functions; ( b ) the use is not authorised by the Authority; ( c ) the person is or has been — (i) a contractor supplying goods or services to the Authority; (ii) a consultant or an agent of the Authority; or (iii) an individual who is an employee of a person mentioned in sub‑paragraph (i) or (ii); ( d ) the person does so — (i) knowing that the use is not authorised by the Authority; or (ii) reckless as to whether the use is or is not authorised by the Authority; and ( e ) the person, as a result of that use — (i) obtains a gain for the person or another person; (ii) causes harm to an individual; or (iii) causes a loss to another person, the 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. [40/2020] (3) In proceedings for an offence under subsection (1) or (2), it is a defence to the charge for the defendant to prove, on a balance of probabilities, any of the following: ( a ) that the information in the possession or under the control of the Authority was, at the time of its use by the defendant, generally available information; ( b ) the defendant used the information in the possession or under the control of the Authority — (i) as permitted or required by or under an Act or other law; (ii) as authorised or required by an order of court; or (iii) in any other prescribed circumstances or for any other prescribed purpose. [40/2020] (4) To avoid doubt, subsection (3) does not affect any obligation or limitation imposed on, or prohibition of, the use of personal data in the possession or under the control of the Authority by or under any other written law or other law. [40/2020]


document_id: masa-1970
provision_ref: s14C
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 14C
title: Unauthorised re-identification of anonymised information
content:
14C. —(1) If — ( a ) an individual takes any action to re‑identify or cause re‑identification of a person to whom anonymised information in the possession or under the control of the Authority relates (called in this section the affected person); ( b ) the re‑identification is not authorised by the Authority; ( c ) the individual is or has been a director or an officer or employee of the Authority; and ( d ) the individual does so — (i) knowing that the re‑identification is not authorised by the Authority; or (ii) reckless as to whether the re‑identification is or is not authorised by the Authority, the individual 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. [40/2020] (2) In proceedings for an offence under subsection (1), it is a defence to the charge for the defendant to prove, on a balance of probabilities, any of the following: ( a ) that the information on the identity of the affected person is publicly available; ( b ) the action to re‑identify or cause re‑identification is — (i) permitted or required by or under an Act or other law; (ii) authorised or required by an order of court; or (iii) in any other prescribed circumstances or for any other prescribed purpose; ( c ) the defendant — (i) reasonably believed that the re‑identification was for a specified purpose; and (ii) notified the Authority of the re‑identification as soon as was practicable. [40/2020] (3) To avoid doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the re‑identification of the affected person by or under any other written law or other law. [40/2020] (4) In this section — “anonymised information” means any information which is in anonymised or de‑identified form; “specified purpose” means any purpose specified in the Eleventh Schedule to the Personal Data Protection Act 2012. [40/2020]


document_id: masa-1970
provision_ref: s14D
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 14D
title: Power of Authority to make regulations for sections 14A, 14B and 14C
content:
14D. The Authority may make regulations to prescribe anything which may be prescribed for the purposes of sections 14A, 14B and 14C. [40/2020]


document_id: masa-1970
provision_ref: s15
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 15
title: Remuneration not to be related to profits
content:
15. No salary, fee, wage or other remuneration or allowance paid by the Authority is to be computed by reference to the profits of the Authority.


document_id: masa-1970
provision_ref: s16
chapter: PART 2 - ESTABLISHMENT, CAPITAL AND
section: 16
title: Public servants and public officers
content:
16. —(1) The directors, including the managing director, and the officers and employees of the Authority of every description are deemed to be public servants within the meaning of the Penal Code 1871. [9/2013] (2) The directors, including the managing director, and the officers and employees of the Authority are, in relation to their administration, collection and enforcement of payment of any moneys to be paid to or into the Consolidated Fund under this Act or any of the written laws set out in the Schedule, deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to such persons even though they are not or were not in the employment of the Government. [9/2013]


document_id: masa-1970
provision_ref: s17
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 17
title: Appointment of employees
content:
17. —(1) The Authority may appoint such employees as it thinks fit and determine all matters relating to their remuneration and terms and conditions of appointment and employment. (2) The Authority may engage the services of advisers in such manner and on such terms and conditions as it thinks fit. (3) The Authority may make rules, not inconsistent with this Act, for the appointment, promotion, conduct and discipline and terms and conditions of service of its employees.


document_id: masa-1970
provision_ref: s18
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 18
title: Transfer of employees
content:
18. —(1) On 1 January 1971, such persons, as the Minister may decide, who were employed by the Government immediately prior to that date and were exercising any of the powers or were discharging any of the functions or duties vested in the Authority by this Act, are deemed to be transferred to the service of the Authority on terms not less favourable than those they enjoyed immediately prior to their transfer. (2) Such terms (which are to be determined by the Authority) must take into account the salaries and conditions of service including any accrued rights to leave enjoyed by them while in the employment of the Government.


document_id: masa-1970
provision_ref: s19
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 19
title: Pension schemes, provident fund, etc.
content:
19. —(1) The Authority may, with the approval of the President, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Authority as it may determine, or to their legal personal representatives or dependants, on the death or retirement of those employees from the service of the Authority or on their otherwise leaving the service of the Authority. (2) The Authority in making under subsection (1) any pension, provident fund or other superannuation rules which affect any persons transferred to the service of the Authority under section 18 must in those rules provide for the payment to those persons or their dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which those persons would have been eligible under the Pensions Act 1956 had they continued in the service of the Government. (3) Any such pension, provident fund or superannuation rules relating to length of service of persons must provide for the recognition as service under the Authority by persons so transferred of service by them under the Government. (4) Nothing in the rules to be made under subsection (1) adversely affects any conditions that would have been applicable to persons transferred to the service of the Authority from their service with the Government as regards any pension, gratuity or allowance under the Pensions Act 1956. (5) Where any person in the service of the Authority whose case does not come within the scope and effect of any pension or other schemes established under this section retires or dies in the service of the Authority or is discharged from that service, the Authority may grant to the person or to such other person or persons wholly or partly dependent on the firstmentioned person, as the Authority may think fit, such allowance or gratuity as the Authority may determine.


document_id: masa-1970
provision_ref: s20
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 20
title: No entitlement in respect of abolition or reorganisation of office
content:
20. Despite the Pensions Act 1956, no person who is transferred to the service of the Authority under section 18 is entitled to claim any benefits under this Act on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office. 21. [ Repealed by Act 13 of 2007 ]


document_id: masa-1970
provision_ref: s22
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 22
title: Immunity of Authority, directors and employees, etc.
content:
22. No action, suit or other legal proceedings shall lie against — ( a ) the Authority; ( b ) any director, officer or employee of the Authority; ( c ) any public officer; ( d ) any person who is on secondment or attachment to the Authority; or ( e ) any person appointed, approved or directed by the Minister or the Authority to exercise the Authority’s power, perform the Authority’s functions or duties or to assist the Authority in the exercise of its powers or performance of its functions or duties under this Act or any other written law, for anything done (including any statement made) or omitted to be done in good faith in the course of or in connection with — ( f ) the exercise or purported exercise of any power under this Act or any other written law; ( g ) the performance or purported performance of any function or duty under this Act or any other written law; or ( h ) the compliance or purported compliance with this Act or any other written law. [24/2003]


document_id: masa-1970
provision_ref: s22A
chapter: PART 3 - PROVISIONS RELATING TO STAFF, ETC.
section: 22A
title: Indemnity for Authority’s officers against cost of action to which section 22 applies
content:
22A. —(1) The Authority must indemnify a person mentioned in subsection (2) against all costs and expenses reasonably incurred by the person in connection with any action, suit or other legal proceedings to which the person is a party by reason of anything done (including any statement made) or omitted to be done in good faith in the course of or in connection with any of the matters mentioned in section 22( f ), ( g ) or ( h ). [31/2017] (2) Subsection (1) applies to a person who was a person mentioned in section 22( b ), ( d ) or ( e ) at the time of the alleged act or omission giving rise to the action, suit or proceeding. [31/2017]


document_id: masa-1970
provision_ref: s23
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 23
title: Powers, duties and functions of Authority
content:
23. —(1) The Authority may, in addition to the functions referred to in section 4(2), exercise and discharge the following powers, duties and functions: ( a ) accept deposits of money and pay interest on such deposits; ( b ) issue demand drafts and other kinds of remittances made payable at its own office or the offices of agencies or correspondents; ( c ) purchase, repurchase, accept on deposit and sell gold coin or bullion; ( d ) purchase, repurchase, sell, discount and re‑discount Treasury bills of the Government; ( e ) purchase, repurchase and sell securities of the Government or of any public authority which have been publicly offered for sale or form part of an issue which is being made to the public at the time of acquisition; ( ea ) grant any loan, advance, overdraft or other credit facility to the Government on such terms and conditions as the Authority thinks fit; ( f ) purchase, repurchase, sell, discount and re‑discount bills of exchange and promissory notes arising out of bona fide commercial transactions bearing 2 or more good signatures and maturing within 3 months (exclusive of days of grace) from the date of acquisition; ( g ) grant loans, advances or other credit facilities for the purposes of money market operations, on such terms and conditions as the Authority thinks fit, to such financial institutions or class of financial institutions as the Authority may from time to time determine; ( ga ) for the purposes of money market operations — (i) issue securities in the name of the Authority in accordance with Part 5A; (ii) purchase, repurchase, sell, redeem, discount and re‑discount such securities; and (iii) do all things which the Authority may do under Part 5A in connection with such securities; ( h ) invest in securities of the Government or of any public authority for any amount, and to mature at any time on behalf of staff and pension funds and other internal funds of the Authority; ( i ) acquire, hold and sell shares of any corporation set up with the approval of, or under the authority of, the Government for the purpose of promoting the development of a money market or securities market in Singapore or for the financing of economic development in Singapore; ( j ) purchase, repurchase and sell currency, and purchase, repurchase, sell, discount and re‑discount bills of exchange and Treasury bills drawn in or on places outside Singapore; ( k ) borrow money, establish credits and give guarantees in any currency, inside and outside Singapore, on such terms and conditions as the Authority may think fit; ( l ) maintain accounts with central banks outside Singapore and with other banks inside and outside Singapore; ( m ) purchase, repurchase and sell securities of, or guaranteed by, such guarantor, governments or international financial institutions as may be approved by the board, or purchase, repurchase and sell such other securities, financial instruments and investments as may be approved by the board; ( n ) act as correspondent, banker or agent for any central bank or other monetary authority and for any international bank or international monetary authority established under governmental auspices; ( o ) open accounts for, and accept deposits from, the Government, public authorities, companies in which the Government or a public authority has a substantial interest, and companies which are deemed to be related to those companies by virtue of section 6 of the Companies Act 1967, banks and other credit institutions in Singapore; ( p ) underwrite loans in which the Authority may invest; ( q ) undertake the issue and management of securities issued by the Government or by any public authority; ( qa ) form or participate in the formation of any company or in any joint venture as a shareholder or partner or in any other capacity, for purposes that are necessary or expedient for the purpose of discharging its functions or achieving its objects; ( r ) do generally all such things as may be commonly done by bankers and are not inconsistent with the exercise of its powers or the discharge of its duties under this Act. [24/2003; 31/2005; 13/2007; 9/2013] (2) For the purposes of subsection (1)( o ) and section 30( d ), the Government or a public authority has a substantial interest in a company if it, either by itself or together with any other public authority, has an interest or interests in one or more voting shares in the company and the vote or votes attached to that share, or the total votes attached to those shares either held by itself or together with any other public authority, is at least 20% of the total votes attached to all the voting shares in the company. [21/2005] (3) In subsection (1), a reference to the purchase of any securities or Treasury bills includes subscribing for such securities or Treasury bills. [13/2007] (4) Despite subsection (1), the Authority must not grant any loan, advance, overdraft or other credit facility to the Government, or underwrite any loan to the Government, unless the Authority is satisfied that such loan, advance, overdraft or credit facility is required by the Government to meet unexpected and temporary shortfall in the Government’s revenue relative to its expenditure. [13/2007] (5) Despite subsection (1), the Authority must not directly subscribe for any securities issued by the Government or any public authority. [13/2007] (6) Subsection (5) does not apply to the following: ( a ) any subscription for reserves management Government securities issued by the Government under the Government Securities (Debt Market and Investment) Act 1992 that is — (i) made solely in connection with the transfer of foreign reserve assets from the Authority to the Government, where such assets are in excess of the amount the Authority considers necessary for the conduct of monetary policy; or (ii) made by way of a reinvestment of the principal sum payable, upon redemption, on any reserves management Government securities held by the Authority; ( b ) any subscription for debt securities (including Treasury bills but not reserves management Government securities) issued by the Government that is made in connection with the conduct of monetary policy or the development of the bond market in Singapore; ( c ) any subscription for debt securities issued by any public authority that is made in connection with the development of the bond market in Singapore, but only insofar as that subscription does not compromise the object of the Authority referred to in section 4(1)( a ). [Act 5 of 2022 wef 21/02/2022] (7) Nothing in this section is to be construed as authorising the Authority to — ( a ) grant any loan, advance, overdraft or other credit facility to any public authority; or ( b ) underwrite any loan to any public authority. [13/2007] (7A) For the purposes of Part 8 of the Financial Services and Markets Act 2022, the Authority may (in addition to its other powers) — ( a ) grant a loan to a trustee of a resolution fund within the meaning of Division 10 of Part 8 of that Act; and [Act 18 of 2022 wef 10/05/2024] ( b ) do all such things as are necessary or expedient to be done for the orderly resolution of a financial institution. [31/2017] [Act 18 of 2022 wef 10/05/2024] (8) The Authority may, in addition to the powers, duties and functions set out in this Part, exercise all powers and perform all functions and duties conferred or imposed on the Authority under this Act, the written laws set out in the Schedule, and any other written law. [13/2007] (9) The Minister may, from time to time, by order in the Gazette , amend the Schedule. [13/2007] (10) Despite section 77 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the Authority may, for the purposes of performing the Authority’s functions and duties under this Act, the written laws set out in the Schedule and any other written law, require a relevant Suspicious Transaction Reporting Officer to disclose to the Authority any information or matter which he or she has obtained in the performance of his or her duties or the exercise of his or her functions under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. [9/2013] (11) In this section — “foreign reserve asset” means any moneys in a currency other than Singapore dollars or a financial asset not denominated in the currency of Singapore; [Act 5 of 2022 wef 21/02/2022] “relevant Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer who is an officer or employee of the Authority; “Suspicious Transaction Reporting Officer” has the meaning given by section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. [9/2013]


document_id: masa-1970
provision_ref: s24
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 24
title: Investment of funds
content:
24. The funds of the Authority may be invested in all or any of the following: ( a ) gold coin or bullion; ( b ) notes, coins, money at call and deposits in such country or countries as may be approved by the board; ( c ) Treasury bills of such government or governments as may be approved by the board; ( d ) securities of, or guaranteed by, such government or governments or international financial institutions as may be approved by the board; ( e ) such other securities, financial instruments and investments as may be approved by the board. [13/2007]


document_id: masa-1970
provision_ref: s25
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 25
title: Authority as a banker to, and financial agent of, Government and manager of its external assets
content:
25. —(1) The Authority is to act as a banker to, and a financial agent of, the Government. (2) Whenever the Authority receives and disburses Government moneys, the Authority must keep account thereof and may be paid an agency fee for its services. (3) The Authority may act generally as agent for the Government on such terms and conditions as may be agreed between the Authority and the Government where the Authority can do so appropriately and consistently with the provisions of this Act and with its duties and functions as a monetary authority. (4) The Authority is to, subject to the Financial Procedure Act 1966 and any other written law, manage the external assets of the Government.


document_id: masa-1970
provision_ref: s26
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 26
title: Special loans to banks, financial institutions, etc.
content:
26. The Authority may, if it thinks such action is necessary to safeguard — ( a ) the stability of the financial system; or ( b ) public confidence in the financial system, make any loan or advance to any bank carrying on business under the Banking Act 1970 or to such financial institutions or class of financial institutions or such other persons as the Authority may from time to time determine, on such terms and conditions as the Authority thinks fit. [24/2003] 27. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27A. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27B. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27C. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27D. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27E. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 27F. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 28. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 28A. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 28B. [ Repealed by Act 18 of 2022 wef 28/04/2023 ] 29. [ Repealed by Act 18 of 2022 wef 28/04/2023 ]


document_id: masa-1970
provision_ref: s29A
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 29A
title: Real-time gross settlement system
content:
29A. —(1) The Authority may establish and operate one or more real-time gross settlement systems for the transfer of funds, settlement of payment obligations and the transfer and settlement of book-entry securities and instruments between or among participants approved by the Authority. [39/2002] (2) A settlement system may be linked to another system in Singapore or elsewhere for the clearing or settlement of payment obligations, securities or instruments and whether or not such system is operated on a real-time gross settlement basis. [39/2002] (3) The Authority may enter into agreements with participants of a settlement system and issue to the participants in writing rules for the operation of the settlement system and such rules are not deemed to be subsidiary legislation. [39/2002] (4) Without limiting subsection (3), such rules may provide — ( a ) for the appointment of the Authority as a certification authority for the purpose of issuing certificates for participants; ( b ) for the conduct of participants; ( c ) for the authentication of transactions carried out electronically; ( d ) for the Authority, if it considers it necessary in the interests of the system, to stop or suspend the operation of the system or to stop or suspend the privileges or rights of any participant or class of participants; ( e ) for the appointment of auditors or inspectors for the auditing or inspection of the operating systems of participants in respect of the settlement system; and ( f ) for the payment of fees to the Authority. [39/2002] (4A) The Authority may recover from the relevant participant the amount of any fees payable to the Authority under any rules made under subsection (4) as a civil debt due to the Authority. [Act 18 of 2022 wef 28/04/2023] (5) The Authority, any officer or employee of the Authority, or any person acting under the direction of the Authority, shall not be liable for any loss or damage suffered by any person or participant arising from, directly or indirectly, the use of a settlement system by any participant unless such loss or damage results from a reckless act or omission or any intentional misconduct of any officer or employee of the Authority or any person acting under the direction of the Authority. [39/2002] (6) The Payment and Settlement Systems (Finality and Netting) Act 2002 has effect in relation to a settlement system established and operated by the Authority under this section if the settlement system is designated under section 3 of that Act. [39/2002] (7) A settlement system established and operated by the Authority under section 59A of the Banking Act 1970 before 9 December 2002 continues and is deemed to have been established and operated by the Authority under this section. [39/2002] (8) In this section — “book-entry securities and instruments” means any securities and instruments that are transferable by a book-entry on a register or otherwise, and are — ( a ) issued by the Government under any written law; or ( b ) approved by the Authority for clearing, settlement or transfer through or under a settlement system; “certificate” has the meaning given in the Third Schedule to the Electronic Transactions Act 2010; “certification authority” has the meaning given in the Third Schedule to the Electronic Transactions Act 2010; “participant” means a person approved by the Authority to be a participant of a settlement system, and includes the Authority where it participates in the settlement system; “real-time gross settlement system” means a system which can effect final settlement of funds, payment obligations and book-entry securities and instruments on a continuous basis during such operating hours of a processing day as the Authority may determine and on a transaction‑by‑transaction basis; “settlement system” means any real-time gross settlement system established under subsection (1). [39/2002; 2/2012]


document_id: masa-1970
provision_ref: s30
chapter: PART 4 - POWERS, DUTIES AND FUNCTIONS OF AUTHORITY
section: 30
title: Agents
content:
30. In the exercise of its powers and the performance of its functions under this Act, the Authority may — ( a ) establish agencies at such places outside Singapore as it thinks fit; ( b ) arrange with and authorise a person to act as agent of the Authority outside Singapore; ( c ) act as agent of a bank carrying on business inside or outside Singapore; and ( d ) act as agent of any public authority or any company in which the Government or a public authority has a substantial interest or any company which is deemed to be related to that company by virtue of section 6 of the Companies Act 1967 either generally or for a particular purpose inside or outside Singapore.


document_id: masa-1970
provision_ref: s127
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 127
title: Establishment of Financial Sector Development Fund
content:
127. —(1) There is established a fund to be called the Financial Sector Development Fund (called in this Part the Fund) which is, subject to the directions of the Minister, controlled and administered by the Authority. [31/2017] (2) The Fund consists of — ( a ) such proceeds raised in connection with the sale of the transferee holding company’s shares as is referred to in section 10 of the Exchanges (Demutualisation and Merger) Act 1999; ( b ) all moneys contributed by the Government to the Fund; ( c ) all donations and gifts accepted by the Authority for the Fund; and ( d ) any interest, dividend and other income derived from the investment of the moneys in the Fund. (3) The Fund is to be used for the objects and purposes set out in section 128 and is deemed not to be a fund of the Authority for the purposes of any written law. [31/2017]


document_id: masa-1970
provision_ref: s128
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 128
title: Objects of Fund and expenditure of moneys of Fund
content:
128. —(1) The objects for which moneys of the Fund may be applied are as follows: ( a ) the promotion of Singapore as a financial centre; ( b ) the development and upgrading of skills and expertise required by the financial services sector; ( c ) the development and support of educational and research institutions, research and development programmes and projects relating to the financial services sector; and ( d ) the development of infrastructure to support the financial services sector in Singapore. [31/2017] (2) In carrying out the objects of the Fund, the Authority may, from time to time, authorise moneys of the Fund to be paid out and expended for all or any of the following purposes carried out in Singapore or elsewhere: ( a ) establishing or expanding facilities or assisting in the maintenance of facilities for training courses and training programmes designed to promote the skills or expertise for purposes consistent with the objects of the Fund; ( b ) the provision of scholarships, grants, subsidies, rebates, loans or other financial assistance or incentives for purposes consistent with the objects of the Fund; and ( c ) such other purposes not inconsistent with the objects of the Fund as the Minister may approve. (3) The Authority may also authorise moneys of the Fund to be used to pay the following: ( a ) all claims in satisfaction of any indemnity or warranty given by the Authority in relation to the sale of the transferee holding company’s shares as defined in the Exchanges (Demutualisation and Merger) Act 1999; ( b ) all expenses incurred by the Authority or its employees or agents in the administration of the Fund; and ( c ) the fees referred to in section 129(3). [31/2017] (4) The Minister may, from time to time, approve the payment of such sums in the Fund to the Consolidated Fund as the Minister may determine.


document_id: masa-1970
provision_ref: s129
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 129
title: Investment
content:
129. —(1) The Authority may invest the moneys of the Fund in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. [45/2004; 31/2017] (2) The Authority may delegate all or any of its powers and functions under subsection (1) to any employee or agent as it may appoint. (3) The Authority may pay to any person appointed under subsection (2) a fee for any service rendered in exercise of any power and function delegated to that person under that subsection.


document_id: masa-1970
provision_ref: s130
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 130
title: Financial year of Fund
content:
130. The financial year of the Fund begins on 1 April of each year and ends on 31 March of the succeeding year. [31/2017]


document_id: masa-1970
provision_ref: s131
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 131
title: Audit
content:
131. The accounts of the Fund are to be audited by the Auditor‑General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor‑General. [31/2017]


document_id: masa-1970
provision_ref: s132
chapter: PART 5 - FINANCIAL SECTOR DEVELOPMENT FUND
section: 132
title: Preparation and publication of financial statements and annual report of Fund
content:
132. —(1) The Authority must, within 6 months from the close of the financial year of the Fund, send to the Minister — ( a ) a copy of the audited financial statements of the Fund, together with a copy of the auditor’s report; and ( b ) a report on the activities concerning the Fund during that financial year. [31/2017] (2) The Authority must publish the audited financial statements and the auditor’s report mentioned in subsection (1)( a ) in the Gazette . [31/2017] (3) The Authority must publish the report mentioned in subsection (1)( b ) in such manner as the Authority may determine. [31/2017] (4) The Minister must, within 6 months from the close of the financial year of the Fund, cause a copy of the audited financial statements and a copy of the auditor’s report mentioned in subsection (1)( a ), and a copy of the report mentioned in subsection (1)( b ), to be presented to Parliament. [31/2017]


document_id: masa-1970
provision_ref: s133
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 133
title: Interpretation of this Part
content:
133. In this Part, unless the context otherwise requires — “book-entry MAS securities” means any securities issued by the Authority under this Part in the form of an entry in the records of the Authority; “depositary institution” means a financial institution approved by the Authority which regularly — ( a ) accepts in the course of its business book‑entry MAS securities by way of a custodial service for its customers; and ( b ) maintains accounts in the names of its customers reflecting ownership or interest in such book‑entry MAS securities; “depositor” means any person in whose name an account is established and maintained on the records of the Authority; “pledge” includes a pledge of, or any security interest in, book‑entry MAS securities — ( a ) as collateral for loans or advances; or ( b ) to secure the performance of an obligation; “security interest” means an interest, not being an interest arising from a trust, in property which secures the payment of a debt or performance of an obligation. [9/2013; 31/2017]


document_id: masa-1970
provision_ref: s134
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 134
title: Issue of book-entry MAS securities
content:
134. —(1) The Authority may — ( a ) issue book‑entry MAS securities upon such terms as may be prescribed by means of entries on its records which include the name of the depositor and the amount and description of the securities; ( b ) maintain accounts of book‑entry MAS securities — (i) for any depositor on such terms and conditions as may be specified by the Authority for such securities the depositor holds for its own account and, where the depositor is a depositary institution, for the account of its customers; (ii) for the Government; and (iii) for the Authority; and ( c ) otherwise service and maintain book‑entry MAS securities. [9/2013; 31/2017] (2) The Authority may take all action necessary in respect of book‑entry MAS securities to enable the Authority to perform its obligations as depositary with respect to such securities. [9/2013]


document_id: masa-1970
provision_ref: s135
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 135
title: Transfers and pledges effected by Authority under book‑entry clearing system
content:
135. —(1) A transfer or a pledge of book‑entry MAS securities to the Authority or to any transferee or pledgee eligible to maintain an appropriate account in its name with the Authority is effected, despite any written law to the contrary, by the Authority making an appropriate entry in its records of the securities transferred or pledged. [9/2013; 31/2017] (2) The making of an entry in the records of the Authority under subsection (1) — ( a ) has the effect of delivery of the book‑entry MAS securities as if the securities had been issued in the form of an engraved or printed certificate; ( b ) has the effect of a taking of delivery by the transferee or pledgee; ( c ) constitutes the transferee or pledgee a holder; and ( d ) in the case of a pledge, has the effect of vesting a security interest in favour of the pledgee. [9/2013] (3) A transfer or pledge of any book‑entry MAS securities effected in accordance with this section has priority over any transfer or pledge involving, or any interest in, the securities effected or created in any other manner before, on or after the date of the transfer or pledge in accordance with this section. [9/2013]


document_id: masa-1970
provision_ref: s136
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 136
title: Transfers and pledges effected by other means
content:
136. —(1) Despite section 135, a transfer or pledge of book‑entry MAS securities, or any interest therein, which is maintained by the Authority in an account may be effected by any means that would be effective to effect a transfer or pledge of book‑entry MAS securities, or any interest therein, if the securities were issued by the Authority in the form of engraved or printed certificates. [9/2013; 31/2017] (2) The Authority is deemed not to be — ( a ) a bailee for the purposes of notification of pledges of book‑entry MAS securities not effected in accordance with section 135; and ( b ) a person in possession of book‑entry MAS securities for the purposes of acknowledgment of transfers of such securities not effected in accordance with section 135. [9/2013; 31/2017] (3) Where book‑entry MAS securities are recorded on the books of a depositary institution for account of the pledgor or transferor thereof and such securities are on deposit with the Authority in an account, that depositary institution is, for the purposes of effecting delivery of the securities to a purchaser or pledgee, is deemed to be — ( a ) the bailee to which notification of the pledge of the securities may be given; or ( b ) the person in possession from which acknowledgment of the holding of the securities may be obtained. [9/2013] (4) The Authority must not accept any notice or advice of a transfer or pledge of any book‑entry MAS securities not effected in accordance with section 135 and any such notice or advice is void. [9/2013; 31/2017] (5) The Authority may continue to deal with its depositor in accordance with this Part despite any transfer or pledge not effected in accordance with section 135. [9/2013; 31/2017]


document_id: masa-1970
provision_ref: s137
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 137
title: Authority to be discharged by action on instructions
content:
137. —(1) The Authority is not liable for conversion or for participation in any breach of fiduciary duty where the Authority has, in respect of book‑entry MAS securities maintained in accounts maintained by the Authority — ( a ) made entries regarding the securities; or ( b ) transferred or delivered the securities, according to the instructions of its depositor, even though the depositor had no right to dispose of or take any other action in respect of the securities. [9/2013; 31/2017] (2) The Authority is fully discharged of its obligations under this Part by the transfer or delivery of book‑entry MAS securities upon the instructions of its depositor. [9/2013]


document_id: masa-1970
provision_ref: s138
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 138
title: Confirmation of transaction
content:
138. —(1) The Authority must, following any transaction affecting book‑entry MAS securities maintained for any depositor under this Part, issue to each depositor a confirmation of the transaction in the form of an advice (serially numbered or otherwise). [9/2013; 31/2017] (2) The advice referred to in subsection (1) must specify the amount and description of the securities and any other pertinent transaction data. [9/2013]


document_id: masa-1970
provision_ref: s139
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 139
title: Payment of interest
content:
139. —(1) Subject to subsection (2), the interest payable on any book‑entry MAS securities issued under this Part (if any) must be paid half‑yearly at the office of the Authority as prescribed in regulations made under section 144 relating to the issue of the securities. [9/2013; 31/2017] (2) Where any book‑entry MAS securities that are redeemable at the election of the holder thereof at any time are redeemed before the date of maturity of the securities, a portion of the half‑yearly interest payable on the securities (calculated on a pro‑rata basis) is payable on such date as may be specified as the redemption date in the duly served notice of intention to redeem the securities. [9/2013]


document_id: masa-1970
provision_ref: s140
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 140
title: Redemption of book-entry MAS securities
content:
140. —(1) Subject to section 141, book‑entry MAS securities are redeemable at par — ( a ) on such date as may be prescribed in regulations made under section 144 relating to the issue of such book‑entry MAS securities (referred to in this Part as the date of maturity); or ( b ) in the case of book‑entry MAS securities that are redeemable at the election of the holder thereof at any time, on the earlier of the following dates: (i) the date of maturity; (ii) such date as may be specified as the redemption date in any notice of intention to redeem that is duly served in the manner prescribed by regulations made under section 144. [9/2013; 31/2017] (2) After the date of maturity of the book‑entry MAS securities under subsection (1), all the interest on the principal sums payable on the securities cease and determine, whether or not payment of the principal sums has been demanded. [9/2013] (3) Redemption proceeds of book‑entry MAS securities must be disposed of in accordance with the instructions from the depositor for whose account the securities have been maintained by the Authority. [9/2013]


document_id: masa-1970
provision_ref: s141
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 141
title: Early redemption
content:
141. —(1) The Authority may, from time to time, by public notice invite the public to apply to redeem any book‑entry MAS securities specified in the public notice before the date of maturity of those securities. [9/2013; 31/2017] (2) The public notice referred to in subsection (1) may specify — ( a ) the terms and conditions relating to the early redemption of the book‑entry MAS securities specified in the public notice, including the manner in which any offer for early redemption is to be made; and ( b ) such other information as the Authority may consider necessary. [9/2013] (3) The Authority may refuse any application to redeem any book‑entry MAS securities before the date of maturity of those securities without giving any reason. [9/2013]


document_id: masa-1970
provision_ref: s142
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 142
title: Invitation to take up book‑entry MAS securities and refusal of application
content:
142. —(1) The Authority may, from time to time, by public notice invite the public to apply to take up book‑entry MAS securities issued under this Part. [9/2013; 31/2017] (2) The Authority may refuse any application to take up book‑entry MAS securities issued under this Part without giving any reason. [9/2013]


document_id: masa-1970
provision_ref: s143
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 143
title: Securities lending arrangements
content:
143. —(1) The Authority may, from time to time, enter into securities lending arrangements by lending book‑entry MAS securities issued under this Part to primary dealers. [9/2013; 31/2017] (2) Lending book‑entry MAS securities includes an arrangement under which book‑entry MAS securities are sold and repurchased. [9/2013]


document_id: masa-1970
provision_ref: s144
chapter: PART 5A - BOOK-ENTRY SECURITIES ISSUED BY AUTHORITY
section: 144
title: Power of Authority to make regulations for this Part
content:
144. —(1) The Authority may make regulations for the purposes of this Part, including regulations to prescribe anything which may be prescribed under this Part. [9/2013; 31/2017] (2) Without limiting subsection (1), regulations made under this section may prescribe — ( a ) the terms of issue of book‑entry MAS securities; ( b ) the manner in which applications to take up book‑entry MAS securities are to be made; and ( c ) the manner in which book‑entry MAS securities are to be issued. [9/2013]


document_id: masa-1970
provision_ref: s145
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 145
title: Appointment as primary dealer
content:
145. —(1) The Authority may, on application, appoint as a primary dealer any financial institution which carries on or intends to carry on, or holds itself out as carrying on or willing to carry on, the business of either or both of the following: ( a ) applying to the Authority to purchase securities issued by the Authority on behalf of another person in pursuance of any public invitation under section 142; ( b ) offering to redeem any securities issued by the Authority on behalf of another person in pursuance of any public invitation under section 141 or otherwise. [9/2013; 31/2017] (2) In determining whether to appoint a financial institution as a primary dealer, the Authority must consider the following: ( a ) the financial standing of the financial institution; ( b ) the experience of that financial institution in carrying on the business referred to in subsection (1), and its ability to perform the duties which would be imposed on it by or under this Act; and ( c ) the public interest. [9/2013] (3) The Authority may, in any particular case, require a financial institution applying to be appointed as a primary dealer (called in this section an applicant) to provide such information or document as the Authority deems relevant to its consideration under subsection (2). [9/2013] (4) The Authority may refuse an application under subsection (1) if — ( a ) the applicant does not provide the Authority with such information or document as is required under subsection (3); ( b ) in the Authority’s opinion, the applicant does not meet, or is unlikely to be able to continue to meet, such requirements as may be prescribed by regulations made under section 151 in relation to carrying on any business referred to in subsection (1); or ( c ) the applicant makes any statement, or provides any information or document, in relation to its application that is false or misleading in any material particular, or omits to state any matter or thing without which its application is false or misleading in a material particular. [9/2013; 31/2017] (5) Every appointment as a primary dealer under this section continues in force for such period as may be specified by the Authority, unless the appointment is earlier cancelled or suspended. [9/2013] (6) Any financial institution which, immediately before 18 April 2013, was appointed as a primary dealer under section 29A of the Government Securities Act 1992 is, for so long as that appointment remains in force, deemed — ( a ) to be appointed as a primary dealer under this section; and ( b ) to be subject, under section 146, to the conditions and restrictions to which the financial institution’s appointment as a primary dealer under section 29A of the Government Securities Act 1992 is subject. [9/2013; 31/2017] (7) If a person who is not a primary dealer carries on, or holds himself, herself or itself out as carrying on or willing to carry on, any business referred to in subsection (1), the person shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction. [9/2013]


document_id: masa-1970
provision_ref: s146
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 146
title: Conditions of appointment as primary dealer
content:
146. —(1) The Authority may appoint any financial institution as a primary dealer subject to such conditions or restrictions as the Authority thinks fit. [9/2013; 31/2017] (2) Without limiting subsection (1), the Authority may impose such conditions or restrictions with respect to the type of services which may or may not be provided by the primary dealer as the Authority may consider appropriate. [9/2013] (3) Subject to subsections (4), (5) and (6), the Authority may at any time add to, vary or revoke any condition or restriction of the appointment of any financial institution as a primary dealer. [9/2013] (4) Before making any modification to the conditions or restrictions of the appointment of any financial institution as a primary dealer under this section, the Authority must, unless the Authority in respect of any particular case considers that it is not practicable or desirable to do so, give notice to the financial institution concerned — ( a ) stating that the Authority proposes to make the modification in the manner specified in the notice; ( b ) stating the reasons why the Authority proposes to make the modification; and ( c ) specifying the time (being at least 28 days after the date of service of the notice on the financial institution) within which written representations with respect to the proposed modification may be made. [9/2013] (5) Where the Authority receives any written representation under subsection (4)( c ) — ( a ) the Authority must consider the representation and may — (i) reject the representation; or (ii) withdraw or amend the proposed modification in accordance with the representation or otherwise; and ( b ) in either case, the Authority must thereupon issue a written notice to the primary dealer concerned requiring that effect be given, within a reasonable time, to the proposed modification specified in the notice or to such modification as may subsequently be amended by the Authority. [9/2013] (6) If no written representation is received by the Authority within the time specified under subsection (4)( c ), or if any written representation made under that subsection is subsequently withdrawn, the modification takes effect as specified in the notice given under that subsection. [9/2013]


document_id: masa-1970
provision_ref: s147
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 147
title: Directions to primary dealers
content:
147. —(1) The Authority may give directions to be observed by any primary dealer or class of primary dealers — ( a ) to ensure the continuity or reliability of the provision of services by the primary dealer or class of primary dealers to its customers; or ( b ) in the public interest. [9/2013; 31/2017] (2) A direction under subsection (1) — ( a ) must require the primary dealer or every primary dealer in that class of primary dealers concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the direction or are of a description as specified therein, including but not limited to the manner in which the primary dealer conducts the business referred to in section 145(1) with its customers; ( b ) takes effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be varied or revoked at any time by the Authority. [9/2013; 31/2017] (3) Every primary dealer must comply with every direction of the Authority given to the dealer under this section. [9/2013] (4) It is not necessary to publish any direction under subsection (1) in the Gazette . [9/2013]


document_id: masa-1970
provision_ref: s148
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 148
title: Cancellation, etc., of appointment as primary dealer
content:
148. —(1) If the Authority is satisfied that — ( a ) a primary dealer is contravening, is likely to contravene or has contravened — (i) any provision of this Act applicable to the primary dealer; or (ii) any condition or restriction of its appointment as a primary dealer; ( b ) a primary dealer has not complied with any direction issued by the Authority under section 147; ( c ) a primary dealer has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( d ) a receiver, a receiver and manager or a person in an equivalent capacity has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the primary dealer; ( e ) a primary dealer has obtained the primary dealer’s appointment as such by fraud or misrepresentation; ( f ) a primary dealer has failed to satisfy any of its obligations under or arising from this Act; ( g ) a primary dealer has been convicted, whether in Singapore or elsewhere, of an offence committed before, on or after 18 April 2013, involving fraud or dishonesty or the conviction for which involved a finding that it had acted fraudulently or dishonestly; ( h ) a primary dealer is no longer in a position to effectively carry out its duties or responsibilities as a primary dealer under this Act or under any regulations made under section 151; or ( i ) a primary dealer is carrying on its business referred to in section 145(1) in a manner that is likely to be detrimental to its clients or contrary to the public interest, the Authority may by order cancel the appointment as a primary dealer. [9/2013; 31/2017] (2) The Authority may, if it considers it desirable to do so, in lieu of an order cancelling the appointment as a primary dealer, by order do either or both of the following: ( a ) suspend the appointment for such period (not exceeding 6 months) as the Authority thinks fit; ( b ) reprimand the primary dealer in writing. [9/2013] (3) In the case of a failure by a primary dealer to comply with any direction issued by the Authority under section 147, the Authority may, in addition to any order that may be made under subsection (2), order the primary dealer to pay to the Authority, for every day or part of a day of such failure, a financial penalty in accordance with such formula as the Minister may, by notification published in the Gazette , prescribe. [9/2013; 31/2017] (4) A financial penalty collected by the Authority under subsection (3) must be paid into the Consolidated Fund. [9/2013] (5) The Authority must not make any order under subsection (1), (2) or (3) against a primary dealer unless the Authority has given to the primary dealer an opportunity of being heard by a representative in writing, being a period of at least 21 days but not more than 28 days. [9/2013] (6) Where the Authority has made any order under subsection (1), (2) or (3) against any primary dealer, it must serve on the primary dealer a notice of the order. [9/2013] (7) Subject to subsections (8) and (9), any order made by the Authority under subsection (1), (2) or (3) against any primary dealer does not take effect until the expiration of 21 days after the Authority has served the notice of the order on the primary dealer. [9/2013] (8) Any order cancelling or suspending an appointment as a primary dealer does not operate so as to — ( a ) prejudice the enforcement by any person of any right or claim against the financial institution formerly appointed as a primary dealer, or by the financial institution formerly so appointed of any right or claim against any person; or ( b ) affect the validity or enforceability of any agreement, transaction or arrangement in respect of any securities issued by the Authority entered into (whenever) by the primary dealer. [9/2013] (9) An order of reprimand under subsection (2) takes effect on the date it is served on the primary dealer concerned. [9/2013] (10) The Authority may recover on behalf of the Government any financial penalty ordered under subsection (3) as though the financial penalty were a civil debt due to the Authority. [9/2013]


document_id: masa-1970
provision_ref: s149
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 149
title: Appeal to Minister
content:
149. —(1) Any primary dealer who is aggrieved by — ( a ) any notice of a condition or restriction of the appointment of any financial institution as a primary dealer under section 146; ( b ) any direction given by the Authority under section 147 or variation of any such direction; or ( c ) any order of the Authority under section 148(1), (2) or (3), except an order of reprimand, may, within 14 days after the receipt by the primary dealer of the notice of the condition or restriction, the direction (or variation thereof) or the order (as the case may be) appeal to the Minister whose decision is final. [9/2013; 31/2017] (2) Where an appeal is lodged under this section — ( a ) the order under section 148 cancelling the appointment as a primary dealer does not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn; and ( b ) every other notice, direction (or variation thereof) or order appealed against takes effect and must be complied with until the determination of the appeal. [9/2013; 31/2017] (3) Subject to subsection (4), the Minister may determine an appeal under this section by confirming, varying or reversing the notice, direction (or variation thereof) or order of the Authority that is appealed against. [9/2013] (4) If the Minister is satisfied that an appeal by a primary dealer is instituted or pursued without reasonable ground, the Minister may, without calling for a reply from the Authority, but after giving the primary dealer an opportunity to be heard, determine the appeal by confirming the notice, direction (or variation thereof) or order of the Authority that is appealed against. [9/2013]


document_id: masa-1970
provision_ref: s150
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 150
title: Inspection of books
content:
150. —(1) The Authority may from time to time inspect, under conditions of secrecy, the books of a primary dealer relating to its business referred to in section 145(1) for the purposes of ensuring that — ( a ) any condition or restriction imposed by the Authority under section 146 on the primary dealer is complied with; ( b ) any direction given by the Authority under section 147 to the primary dealer is complied with; or ( c ) the primary dealer has satisfied or satisfies any of its obligations under or arising from this Part. [9/2013; 31/2017] (2) For the purposes of an inspection under this section — ( a ) a primary dealer, and any person who is in possession of the books of the primary dealer relating to its business referred to in section 145(1), must produce such books (and afford the Authority access to the books) and provide such information and facilities as may be required by the Authority to conduct the inspection; ( b ) the primary dealer must procure that any such person in paragraph ( a ) who is in possession of the primary dealer’s books produce the books to the Authority and give such information or facilities as may be required by the Authority; and ( c ) the Authority may — (i) make copies of, or take possession of, any of such books; and (ii) retain possession of any of such books for so long as is necessary for the purposes of exercising a power conferred by this section (except subsection (4)). [9/2013; 31/2017] (3) No person is entitled, as against the Authority, to claim a lien on any of the books, but such a lien is not otherwise prejudiced. [9/2013] (4) While the books of a primary dealer are in the Authority’s possession, the Authority — ( a ) must permit any other person to inspect at all reasonable times such (if any) of the books as that other person would be entitled to inspect if the books were not in the Authority’s possession; and ( b ) may permit any other person to inspect any of the books. [9/2013] (5) The Authority may require a person who produced any book to the Authority to explain, to the best of the person’s knowledge and belief, any matter about the compilation of the book or to which the book relates. [9/2013] (6) Any person who, without reasonable excuse, fails to comply with subsection (2) or a requirement of the Authority under subsection (5) 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 $5,000 for every day or part of a day during which the offence continues after conviction. [9/2013] (7) In this section, “books” includes any record, register, document or other record of information, and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or in any electronic form or otherwise. [9/2013]


document_id: masa-1970
provision_ref: s151
chapter: PART 5B - PRIMARY DEALERS FOR SECURITIES
section: 151
title: Power of Authority to make regulations for this Part
content:
151. —(1) The Authority may make regulations for the purposes of this Part, including regulations to prescribe anything which may be prescribed under this Part. [9/2013; 31/2017] (2) Without limiting subsection (1), regulations made under this section may — ( a ) prescribe the manner in which any application to be appointed as a primary dealer is to be made; ( b ) prescribe the duties and obligations of a primary dealer; and ( c ) provide that any contravention of any specified provision of the regulations shall be an offence punishable — (i) in the case of an individual, with a fine not exceeding $12,500 or with imprisonment for a term not exceeding 12 months or with both and, in the case of a continuing offence, with a further fine not exceeding $1,250 for every day or part of a day during which the offence continues after conviction; or (ii) in any other case, with a fine not exceeding $25,000 and, in the case of a continuing offence, with a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction. [9/2013]


document_id: masa-1970
provision_ref: s164
chapter: PART 6 - MISCELLANEOUS
section: 164
title: Statistics
content:
164. —(1) The Authority may, at any time, for the purpose of carrying out its functions under this Act request such persons or classes of persons as it may decide to collect and provide such statistical information as the Authority may specify and those persons or classes of persons must comply with that request. [31/2017] (2) Statistical information received from the persons or classes of persons referred to in subsection (1) is to be regarded as secret between them and the Authority. (3) Any person who fails to comply with a request of the Authority under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.


document_id: masa-1970
provision_ref: s165
chapter: PART 6 - MISCELLANEOUS
section: 165
title: Authority’s financial year
content:
165. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year. [31/2017]


document_id: masa-1970
provision_ref: s166
chapter: PART 6 - MISCELLANEOUS
section: 166
title: Budget
content:
166. —(1) The Authority must, in every financial year, prepare a budget containing estimates of income and expenditure of the Authority for the ensuing financial year and a supplementary budget (if necessary) for any financial year and present them to the President for his or her approval under Article 22B of the Constitution. [31/2017] (2) The budget and supplementary budget (if any) when approved by the President must be published in the Gazette .


document_id: masa-1970
provision_ref: s168
chapter: PART 6 - MISCELLANEOUS
section: 168
title: Preparation and publication of financial statements and annual report
content:
168. —(1) The Authority must, within 6 months from the close of its financial year, transmit to the President — ( a ) a copy of the financial statements certified by the Auditor‑General and those statements must then be published in the Gazette ; and ( b ) a report by the board on the performance of the functions and duties of the Authority throughout the financial year and that report must be published by the Authority. [24/2003; 13/2007; 31/2017] (2) The Authority must, within 6 months from the close of its financial year, cause the financial statements and the annual report to be presented to Parliament. [24/2003] (3) In preparing the financial statements for the purpose of this section, the Authority may comply with accounting standards to the extent that it is, in the Authority’s opinion, appropriate to do so, having regard to the objects and functions of the Authority. [24/2003]


document_id: masa-1970
provision_ref: s169
chapter: PART 6 - MISCELLANEOUS
section: 169
title: Borrowing from Authority by employees
content:
169. The Authority may grant loans to its employees for any purpose specifically approved by the Authority. [31/2017]


document_id: masa-1970
provision_ref: s170
chapter: PART 6 - MISCELLANEOUS
section: 170
title: Power to appoint attorney
content:
170. —(1) The Authority may, by instrument under its common seal, appoint a person (whether in Singapore or in a place outside Singapore) to be its attorney. [31/2017] (2) The person so appointed may, subject to the instrument, do any act or execute any power or function which he or she is authorised by the instrument to do or execute.


document_id: masa-1970
provision_ref: s171
chapter: PART 6 - MISCELLANEOUS
section: 171
title: Validity of acts and transactions of Authority
content:
171. The validity of an act or transaction of the Authority is not to be called in question in any court on the ground that any provision of this Act has not been complied with. [31/2017]


document_id: masa-1970
provision_ref: s172
chapter: PART 6 - MISCELLANEOUS
section: 172
title: Guarantee by Government
content:
172. —(1) The Government is responsible for the payment of all moneys due by the Authority. [31/2017] (2) Nothing in this section authorises a creditor or other person claiming against the Authority to sue the Government in respect of the creditor’s or the person’s claim.


document_id: masa-1970
provision_ref: s173
chapter: PART 6 - MISCELLANEOUS
section: 173
title: Consent of Public Prosecutor
content:
173. No prosecution in respect of any offence under this Act may be instituted without the consent in writing of the Public Prosecutor. [15/2010; 31/2017]


document_id: masa-1970
provision_ref: s174
chapter: PART 6 - MISCELLANEOUS
section: 174
title: Legal officer of Authority may act for Authority in civil proceedings
content:
174. Despite any written law, a legal officer of the Authority who has been admitted as an advocate and solicitor under the Legal Profession Act 1966 or a State Counsel may — ( a ) appear in any civil proceedings on behalf of the Authority under the Securities and Futures Act 2001, including proceedings referred to in section 232 of that Act; and ( b ) make and do all acts and applications in respect of such proceedings on behalf of the Authority. [2/2000; 42/2001; 31/2017]


document_id: masa-1970
provision_ref: s175
chapter: PART 6 - MISCELLANEOUS
section: 175
title: Jurisdiction of District Court
content:
175. Despite any other written law, a District Court has jurisdiction to try all offences under this Act and to impose the full penalty prescribed therefor. [31/2017]


document_id: masa-1970
provision_ref: s176
chapter: PART 6 - MISCELLANEOUS
section: 176
title: Composition of offences
content:
176. —(1) The Authority may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence. [13/2007; 9/2013; 31/2017] (1A) The Authority may compound any offence under this Act (including an offence under a provision that has been repealed) which — ( a ) was compoundable under this section at the time the offence was committed; but ( b ) has ceased to be so compoundable, by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding one half of the amount of the maximum fine prescribed for that offence at the time it was committed. [9/2013] (2) On payment of the sum of money referred to in subsection (1) or (1A), no further proceedings are to be taken against that person in respect of the offence. [13/2007; 9/2013] (3) The Authority may make regulations to prescribe the offences which may be compounded. [13/2007] (4) All sums collected by the Authority under subsection (1) or (1A) must be paid into the Consolidated Fund. [9/2013] 177. [ Repealed by Act 18 of 2022 wef 10/05/2024 ]


document_id: masa-1970
provision_ref: s178
chapter: PART 6 - MISCELLANEOUS
section: 178
title: Exemption
content:
178. —(1) The Authority may, by regulations, exempt any person or class of persons from all or any of the provisions of Parts 5A and 5B and any regulations made under section 144 or 151, subject to such conditions or restrictions as may be prescribed. [9/2013; 31/2017] [Act 18 of 2022 wef 10/05/2024] (2) The Authority may, on the application of any person, by notice in writing exempt the person from — ( a ) all or any of the provisions of Parts 5A and 5B and any regulations made under section 144 or 151; and [Act 18 of 2022 wef 10/05/2024] ( b ) all or any of the requirements specified in any direction made by the Authority under this Act, subject to such conditions or restrictions as the Authority may specify by written notice. [9/2013; 31/2017] (3) The Authority may at any time, by written notice to a person, add to, vary or revoke any condition or restriction imposed on the person under subsection (2). [9/2013] (4) It is not necessary to publish any exemption granted under subsection (2) in the Gazette . [9/2013]


document_id: masa-1970
provision_ref: s179
chapter: PART 6 - MISCELLANEOUS
section: 179
title: Power of Authority to make regulations relating to objects and purposes of Act
content:
179. The Authority may, with the approval of the President, make regulations for the better carrying out of the objects and purposes of this Act. [9/2013; 31/2017]


document_id: mboa-1960
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “benefit” means the payment made by a mutual benefit organisation for the relief or maintenance of the members or subscribers or on birth or death in accordance with the rules of the mutual benefit organisation; “mutual benefit organisation” or “organisation” means any organisation which by its objects and rules either as the principal object or as an ancillary object makes provision by voluntary subscriptions of the members thereof or subscribers thereto with or without the aid of donations for — ( a ) the relief or maintenance of the members or subscribers, their husbands, wives, children, fathers, mothers, brothers, sisters, nephews, nieces or wards, during sickness or other infirmity, whether bodily or mental, in old age or in widowhood or for the relief or maintenance of the orphan children of members or subscribers during minority; ( b ) the payment of money on the birth of a member’s or subscriber’s child or on the death of a member or subscriber or of the child, husband, wife, parent or grandparent of a member or subscriber or on the death of any other person or for the funeral expenses of the member or subscriber or of the child, husband or wife of a member or subscriber or of the widow of a deceased member or subscriber; or ( c ) the relief or maintenance of the members or subscribers when unemployed or when in distressed circumstances; “officer” means the president, the secretary and members of a committee of an organisation and includes persons holding positions analogous to those of president, secretary or member of a committee; “registered organisation” means any organisation for the time being registered under this Act; “Registrar” means the officer appointed as Registrar of Mutual Benefit Organisations and includes an Assistant Registrar of Mutual Benefit Organisations; “subscription” means a subscription paid by a member or subscriber to a mutual benefit organisation and, where a mutual benefit organisation carries on activities other than those of a mutual benefit organisation, means the subscription paid by the member or subscriber for the purpose of obtaining the benefits provided by the rules of the organisation.


document_id: mboa-1960
provision_ref: s3
section: 3
title: Appointment of Registrar and Assistant Registrars
content:
3. The Minister may appoint by name or office an officer to be the Registrar of Mutual Benefit Organisations and officers to be Assistant Registrars of Mutual Benefit Organisations.


document_id: mboa-1960
provision_ref: s4
section: 4
title: Conditions of registration
content:
4. —(1) Every mutual benefit organisation shall apply for registration under this Act. (2) The application for registration of the organisation shall be signed by 7 members and the secretary and shall be sent together with a copy of the rules and a list of the names of the secretary and of every trustee or other officer intended to be authorised to sue and be sued on behalf of the organisation to the Registrar. (3) The rules of the organisation shall contain provisions in respect of the several matters mentioned in the Schedule. (4) The list referred to in subsection (2) shall be signed by the secretary and every trustee and other officer named therein and shall on the registration of the organisation be evidence that the persons so named have been duly appointed.


document_id: mboa-1960
provision_ref: s5
section: 5
title: Registration and issue of certificate of registration
content:
5. —(1) Subject to this Act, the Registrar shall, upon an application being made therefor by a mutual benefit organisation and on payment of the prescribed fee, register the organisation with or without conditions. (2) Upon registering an organisation under subsection (1), the Registrar shall issue to that organisation a certificate of registration. (3) The certificate of registration referred to in subsection (2) shall be conclusive evidence that the organisation mentioned therein is duly registered, unless it is proved that the registration of the organisation has been suspended or cancelled. (4) Where the organisation is registered under subsection (1) subject to conditions, the organisation shall comply with those conditions. (5) The Registrar may at any time vary or revoke any of the conditions imposed under subsection (1) or impose conditions or additional conditions in respect of the registration of an organisation.


document_id: mboa-1960
provision_ref: s6
section: 6
title: Refusal to register mutual benefit organisation
content:
6. —(1) The Registrar shall refuse to register a mutual benefit organisation if he is satisfied that — ( a ) the rules of the organisation are insufficient to provide for its proper management and control; ( b ) the organisation is likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore; ( c ) any officer or person managing or assisting in the management of the organisation is not of good character; ( d ) the scheme for the relief or maintenance of the members thereof or subscribers thereto as provided for in the rules and objects of the organisation is undesirable and not in the interest of the members or subscribers; ( e ) the total number of members thereof or subscribers thereto is less than 50; ( f ) the application for registration does not comply with this Act or any rules made thereunder; ( g ) the rules and objects of the organisation are contrary to the provisions of this Act or any rules made thereunder; or ( h ) it would be contrary to the public interest for the organisation to be registered. (2) The Registrar may refuse to register a mutual benefit organisation if — ( a ) it appears to him that the name under which the organisation is to be registered is — (i) identical with or so nearly resembles that of any other existing organisation as is likely to deceive the members of the public as to its nature or identity; or (ii) likely to mislead members of the public as to the true character and purpose of the organisation; or ( b ) no satisfactory evidence has been produced of the good character of the officers or persons managing or assisting in the management of the organisation.


document_id: mboa-1960
provision_ref: s7
section: 7
title: Appeal from refusal to register
content:
7. Any person who is aggrieved by a decision of the Registrar under section 5(1) or (5) or section 6 may, within one month of being notified of the decision of the Registrar, appeal against his decision to the Minister whose decision shall be final.


document_id: mboa-1960
provision_ref: s8
section: 8
title: Annual registers to be published
content:
8. The Registrar shall cause to be published in the Gazette in July of each year a list of all existing registered organisations.


document_id: mboa-1960
provision_ref: s9
section: 9
title: Registration of amendments of rules
content:
9. —(1) An amendment of the rules of a registered organisation shall not be valid until the amendment has been registered under this Act, for which purpose copies of the amendment signed by 3 members and the secretary shall be sent to the Registrar. (2) The Registrar, on being satisfied that the amendment is not contrary to the provisions of this Act, shall issue to the registered organisation an acknowledgment of registration of the amendment and that acknowledgment shall be conclusive evidence that the amendment is duly registered. (3) Any person aggrieved by the refusal of the Registrar to register an amendment may appeal to the Minister whose decision shall be final.


document_id: mboa-1960
provision_ref: s10
section: 10
title: Registered office
content:
10. Every registered organisation shall have a registered office to which all communications and notices may be addressed, and shall send to the Registrar notice of the address of that office and of every change therein.


document_id: mboa-1960
provision_ref: s11
section: 11
title: Appointment of trustees
content:
11. —(1) Every registered organisation shall have one or more trustees. (2) The trustees shall be appointed at a meeting of the registered organisation and by a resolution of a majority of the members present and entitled to vote. (3) The registered organisation shall send to the Registrar a copy of every resolution appointing a trustee signed by the trustee so appointed and by the secretary of the registered organisation. (4) The same person shall not be secretary or treasurer of a registered organisation and a trustee of that registered organisation.


document_id: mboa-1960
provision_ref: s12
section: 12
title: Persons prohibited from acting as officers of organisation
content:
12. —(1) No person shall act as an officer of a mutual benefit organisation or manage or assist in the management of the organisation if — ( a ) he has been convicted of any offence involving dishonesty or moral turpitude and has not received a free pardon; or ( b ) he has been convicted of any other offence and sentenced to a fine of not less than $2,000 or to imprisonment for a term of not less than one year and has not received a free pardon, unless the written permission of the Minister so to act is first obtained. (2) Any person who contravenes or fails to comply with any of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: mboa-1960
provision_ref: s13
section: 13
title: Audit
content:
13. —(1) Every registered organisation shall once at least in every year submit its accounts for audit by an auditor approved generally or for any particular audit by the Registrar. (2) The auditor shall have access to all the books and accounts of the registered organisation and shall examine the annual return mentioned in this Act and verify the annual return with the accounts and vouchers relating thereto, and shall either sign the annual return as found by him to be correct, duly vouched and in accordance with law, or specially report to the registered organisation in what respects he finds it incorrect, unvouched or not in accordance with law.


document_id: mboa-1960
provision_ref: s14
section: 14
title: Annual returns
content:
14. —(1) Every registered organisation shall once in every year, not later than 31 May, send to the Registrar a return (referred to in this Act as the annual return) of the receipts and expenditure, funds and effects of the registered organisation as audited. (2) The annual return shall — ( a ) show separately the expenditure in respect of the several objects of the registered organisation; ( b ) be made out to 31 December then last inclusively; and ( c ) state the name, address and calling or profession of the auditor and the manner in which and the authority under which he is appointed. (3) The registered organisation shall send to the Registrar, together with the annual return, a copy of any special report of the auditor.


document_id: mboa-1960
provision_ref: s15
section: 15
title: Copy of last balance sheet
content:
15. Every registered organisation shall keep a copy of the last annual balance sheet together with any special report of the auditors always displayed in a conspicuous place at the registered office of the organisation.


document_id: mboa-1960
provision_ref: s16
section: 16
title: Priority on death, bankruptcy, etc., of officer
content:
16. In the following cases: ( a ) upon the death or bankruptcy of any officer of a registered organisation having in his possession by virtue of his office any money or property belonging to the organisation; or ( b ) if any enforcement, attachment or other process is issued or action taken against any such officer or against his property, his heirs, executors or administrators or the Official Assignee or the Sheriff of the Supreme Court or other person executing the process or the party taking the action, shall upon demand in writing of the trustees of the registered organisation or of any 2 of them or of any person authorised by the registered organisation to make the demand, pay the money and deliver over the property to the trustees of the registered organisation in preference to any other debt or claim against the estate of the officer. [Act 25 of 2021 wef 01/04/2022]


document_id: mboa-1960
provision_ref: s17
section: 17
title: Membership of minors
content:
17. —(1) The rules of a registered organisation may provide for the admission of a person under 21 years of age as a member or subscriber. (2) Any such member or subscriber may, if he is over 16 years of age, by himself and if he is under that age by his parent or guardian, execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee, or a trustee, secretary, manager or treasurer of the registered organisation.


document_id: mboa-1960
provision_ref: s18
section: 18
title: Restriction on nominees
content:
18. No member or subscriber of a registered organisation may nominate as the person to receive the benefits provided under the rules of the organisation a person other than the wife, children (including adopted children), grandchildren, mother, father, sons‑in‑law, daughters‑in‑law, brothers or sisters of the whole blood, brothers or sisters of the half‑blood, children of such brothers and sisters of the whole or half‑blood, uncles or aunts of the whole blood, uncles or aunts of the half‑blood or children of those uncles or aunts of the whole or half‑blood of that member or subscriber: Provided that a member or subscriber may nominate any other person in writing signed by himself in the presence of and attested by a Justice of the Peace or a Magistrate or the Registrar.


document_id: mboa-1960
provision_ref: s19
section: 19
title: Right to supply of copies of rules
content:
19. Every registered organisation shall deliver to any person on demand and on payment of a sum not exceeding one dollar, a copy of the rules of the organisation.


document_id: mboa-1960
provision_ref: s20
section: 20
title: Right to supply of copies of annual return
content:
20. Every registered organisation shall supply free of charge to every member or subscriber or person having an interest in its funds on his application either — ( a ) a copy of the last annual return of the organisation; or ( b ) a balance sheet or other document duly audited containing the same particulars as to the receipt and expenditure, funds and effects of the organisation as are contained in the annual return.


document_id: mboa-1960
provision_ref: s21
section: 21
title: Inspection of books by members
content:
21. A member or subscriber or person having an interest in the funds of a registered organisation may inspect the books of the organisation at all reasonable hours at the registered office of the organisation or at any place where the books are kept.


document_id: mboa-1960
provision_ref: s22
section: 22
title: Subscriptions and benefits
content:
22. —(1) The amount deducted by a registered organisation for administration or any other expense shall not exceed such percentage of the total receipts from subscriptions as may be prescribed by the Minister by rules made under this Act. (2) All subscriptions paid by members or subscribers during the period in which, under the rules of any registered organisation, the members or subscribers are qualifying for the benefits provided by the rules of the organisation less a sum not exceeding the prescribed percentage allowed for administration and any other expense shall be placed on deposit with a bank which is a member of the Association of Banks in Singapore in the name of the organisation or be invested in trustee securities and those funds shall constitute the reserve funds of the organisation. [37/98] (3) Subscriptions received from members of or subscribers to a registered organisation who have qualified for benefits under the rules of the organisation less a sum not exceeding the prescribed percentage allowed for administration and any other expense shall be paid into a separate account in the name of the organisation with a bank which is a member of the Association of Banks in Singapore and the organisation may draw upon these funds for the purpose of paying the benefits provided in the rules of the organisation. [37/98] (4) No payment of any sum payable as a result of the death of a person shall be made by the organisation except upon the production of the original death certificate or a certified copy thereof issued by a registrar of deaths or, in the case of a person dying outside Singapore, a death certificate issued by the appropriate authority in the place where the person died: Provided that payment may be made to the personal representative of a deceased member or subscriber where no nomination has been made upon the production of letters of administration or probate of the will of the deceased member or subscriber.


document_id: mboa-1960
provision_ref: s23
section: 23
title: Utilisation of reserve funds
content:
23. The reserve funds of a mutual benefit organisation referred to in section 22(2), or any part thereof, may be utilised for any purpose approved by the Minister.


document_id: mboa-1960
provision_ref: s24
section: 24
title: Power to change name
content:
24. —(1) A registered organisation may, by special resolution, with the approval in writing of the Registrar, change its name and shall not change its name in any other manner. (2) No change of name shall affect any right or obligation of the registered organisation or of any member thereof, and any legal proceeding may be continued by or against the trustees of the organisation or any officer who may sue or be sued on behalf of the organisation, notwithstanding such change of name.


document_id: mboa-1960
provision_ref: s25
section: 25
title: Meaning of special resolution
content:
25. —(1) For the purpose of this Act, “a special resolution” means a resolution that is — ( a ) passed by a majority of not less than three-fourths of such members of a registered organisation entitled under the rules to vote as may be present at any general meeting of which notice specifying the intention to propose the resolution has been duly given according to the rules; and ( b ) confirmed by a majority of such members entitled under the rules to vote as may be present at a subsequent general meeting of which notice has been duly given, held not less than 14 days nor more than one month from the day of the meeting at which the resolution was first passed. (2) At any meeting mentioned in this section, a declaration by the chairman that the resolution has been carried shall be conclusive evidence of the fact.


document_id: mboa-1960
provision_ref: s26
section: 26
title: Registration of special resolutions
content:
26. A copy of every special resolution signed by the chairman of the meeting and countersigned by the secretary shall be sent to the Registrar and registered and until that copy is registered the special resolution shall not take effect.


document_id: mboa-1960
provision_ref: s27
section: 27
title: Inspectors and special meetings
content:
27. —(1) Upon the application of one-fifth of the total number of members of a registered organisation, the Registrar may — ( a ) appoint an inspector or inspectors to examine into and report on the affairs of the organisation; or ( b ) call a special meeting of the organisation. (2) An application under this section shall be supported by such evidence for the purpose of showing that the applicants have good reason for requiring an inspection to be made or meeting to be called, and that they are not actuated by malicious motives in their application and such notice thereof shall be given to the registered organisation as the Registrar may direct. (3) The Registrar may, if he thinks fit, require the applicants to give security for the costs of the proposed inspection or meeting before appointing any inspector or calling a meeting. (4) All expenses of and incidental or preliminary to any such inspection or meeting shall be defrayed by the members applying therefor or out of the funds of the organisation or by the members or officers or former members or officers of the organisation in such proportions as the Registrar may direct. (5) An inspector appointed under this section may require the production of all or any of the books and documents of the organisation and may examine on oath its officers, members, agents and employees in relation to its business and may administer such oath accordingly. (6) The Registrar may direct at what time and place a special meeting under this section is to be held and what matters are to be discussed and determined at the meeting, and the meeting shall be deemed to be a meeting called according to the rules of the organisation and those present and entitled to vote shall in all cases have power to appoint the chairman, notwithstanding any rule of the organisation to the contrary.


document_id: mboa-1960
provision_ref: s28
section: 28
title: Cancellation and suspension of registration
content:
28. —(1) The Registrar may cancel the registration of a mutual benefit organisation — ( a ) if he is satisfied that — (i) any misrepresentation, whether innocent or otherwise, has been made or there has been a failure to disclose any fact, at the time of the application for registration of the organisation, and such misrepresentation or non‑disclosure would have influenced the decision of the Registrar to register or refuse to register the organisation; (ii) the organisation is being used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore; (iii) the organisation is being used for purposes incompatible with its objects or rules; (iv) the rules of the organisation are or have been inadequate for its proper management and control and the registered organisation has failed without reasonable excuse to amend its rules within 3 months of, and in accordance with, a direction from the Registrar to amend its rules for those purposes; (v) any officer or person managing or assisting in the management of the organisation is not of good character and the organisation has failed without reasonable excuse to remove the officer or person within 3 months of, and in accordance with, a direction from the Registrar to remove the officer or person from the organisation; (vi) the number of members of the organisation is less than 50; or (vii) the organisation is contravening or has contravened any of the provisions of this Act or any rules made thereunder; ( b ) at the request of the organisation; or ( c ) if he considers it in the public interest to do so. (2) The Registrar, in any case in which he might cancel the registration of a registered organisation, may by writing under his hand suspend the registration for any term not exceeding 3 months, and may renew the suspension for the like period. (3) Unless the Registrar has given to a registered organisation not less than 2 months previous notice in writing specifying briefly the ground of any proposed cancellation or suspension, the registration of the organisation shall not be cancelled (except at its request) or suspended. (4) Where the registration of a registered organisation has been cancelled or suspended, a notification thereof shall be published in the Gazette . (5) Where the registration of an organisation has been suspended or cancelled, the organisation shall from the time of the suspension or cancellation (but if suspended only while the suspension lasts, and subject also to the right of appeal given by this section) cease to be a registered organisation but without prejudice to any liability actually incurred by the organisation and any such liability may be enforced against the organisation as if the suspension or cancellation had not taken place. (6) A registered organisation may appeal from the cancellation of its registration or from any suspension thereof to the Minister whose decision shall be final.


document_id: mboa-1960
provision_ref: s29
section: 29
title: Power to freeze bank accounts
content:
29. —(1) Where a notice has been given by the Registrar to a mutual benefit organisation under section 28(3), the Minister may, where he is satisfied that it is likely that the funds of the mutual benefit organisation may be misused, by order, direct any bank in Singapore not to pay any money out and not to pay cheques drawn on the account of that organisation for a specified period not exceeding 3 months. (2) A bank and any officer thereof which complies with an order of the Minister under subsection (1) shall be relieved of any liability to any other person in respect of the payment prohibited by the order. (3) The manager of any bank which fails to comply with 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 $3,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: mboa-1960
provision_ref: s30
section: 30
title: Power to seize documents
content:
30. —(1) Where a notice has been given by the Registrar to a mutual benefit organisation under section 28(3), the Registrar or a police officer authorised in writing by the Registrar may at any time enter any place which the Registrar has reason to believe is kept or used by any mutual benefit organisation or any of its members as a place of meeting or business and seize any account book, document or record of the mutual benefit organisation. (2) Any person who obstructs or prevents the Registrar or a police officer authorised in writing in that behalf by the Registrar from seizing the account books, documents or records of a mutual benefit organisation 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 years or to both.


document_id: mboa-1960
provision_ref: s31
section: 31
title: Consequences upon cancellation of registration of organisation
content:
31. —(1) Upon the cancellation of the registration of any organisation — ( a ) the property of the organisation within Singapore shall forthwith vest either in the Official Receiver or in such other officer as may be appointed for the purpose of winding up by the Minister; ( b ) the Official Receiver or that other officer shall proceed to wind up the affairs of the organisation and after satisfying and providing for all debts and liabilities of the organisation and the costs of winding up, shall divide the surplus assets, if any, of the organisation amongst the members of the organisation according to the rules of the organisation, if any, or if there are no such rules applicable to such a case, then equally, but if by reason of the great number of members, or the difficulty of ascertaining the persons entitled to the assets or if from any other cause such a division is, in the opinion of the Official Receiver or that other officer, impracticable, he shall prepare and submit to a Judge sitting in the General Division of the High Court for his approval a scheme for the application of the surplus assets to purposes for the benefit of that portion of the public to which the members of the organisation more particularly belonged or of the public generally; ( c ) such a scheme, when submitted for approval, may be amended by the Judge in such a way as he thinks proper under the circumstances of the case; ( d ) the approval of the Judge of such a scheme or amended scheme shall be denoted by the endorsement thereon of a memorandum of the approval signed by the Registrar of the Supreme Court and by the memorandum being sealed with the seal of the Court and upon this being done, the surplus assets, the subject of the scheme, shall be held and applied by the Official Receiver or that other officer upon the terms and to the purposes thereby prescribed; and ( e ) for the purpose of winding up the affairs of an organisation the Official Receiver or such other officer shall have all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation thereof and the winding up of a company, and the provisions of those Acts shall apply mutatis mutandis to the winding up of the affairs of a mutual benefit organisation under this Act. [16/93; 9/2003; 40/2018; S 1018/2020] (2) For the purpose of enabling an organisation to wind up its own affairs, the Minister may by notification in the Gazette suspend the operation of subsection (1) for such period as to him seems expedient.


document_id: mboa-1960
provision_ref: s32
section: 32
title: Dissolution of registered organisations
content:
32. A registered organisation may terminate or be dissolved in any of the following ways: ( a ) upon the happening of any event declared by the rules to amount to termination of the organisation; ( b ) by the consent of three-fourths of the members of the organisation testified by their signatures to an instrument of dissolution; ( c ) by the Registrar in the cases specified in this Act.


document_id: mboa-1960
provision_ref: s33
section: 33
title: Instrument of dissolution
content:
33. Where a registered organisation is terminated by an instrument of dissolution — ( a ) the instrument shall set forth — (i) the liabilities and assets of the registered organisation in detail; (ii) the number of members and subscribers and the nature of their interests in the organisation; (iii) the intended appropriation or division of the funds and property of the organisation, unless the appropriation or division is stated in the instrument of dissolution to be left to the award of the Registrar; ( b ) a statutory declaration made by one of the trustees or by 3 members and the secretary of the organisation that the provisions of this Act have been complied with shall be sent to the Registrar with the instrument of dissolution; ( c ) the instrument shall not direct or contain any provision for a division or appropriation of the funds of the organisation or any part thereof, otherwise than for the purpose of carrying into effect the objects of the organisation as declared in the rules thereof, unless the claim of every member or person claiming any relief, annuity or other benefit from the funds thereof is first duly satisfied or adequate provision is made for satisfying those claims; ( d ) the instrument of dissolution shall be registered in the manner provided in this Act for the registration of amendments of rules, and shall be binding upon all members of the organisation; and ( e ) the Registrar shall cause a notification of the dissolution to be published in the Gazette and unless within 3 months from the date of the publication of the notification, a member or subscriber or other person interested in or having any claim on the funds of the organisation commences proceedings to set aside the dissolution of the organisation, and the dissolution is set aside accordingly, the organisation shall be dissolved from the date of the publication of the notification in the Gazette and the requisite consents in the instrument of dissolution shall be considered to have been duly obtained without proof of the signatures thereto.


document_id: mboa-1960
provision_ref: s34
section: 34
title: Dissolution by Registrar
content:
34. —(1) Upon the application made in writing under their hands of one-fifth of the total number of members of a registered organisation, the Registrar may, by himself or by any Assistant Registrar or by any auditor whom the Registrar appoints in writing, investigate the affairs of the organisation, but the Registrar shall give not less than one month’s previous notice in writing to the organisation whose affairs are to be investigated. (2) The application shall — ( a ) state that the funds of the organisation are insufficient to meet the existing claims thereon or that the rates of contribution fixed in the rules of the organisation are insufficient to cover the benefits assured; ( b ) set forth the grounds on which the insufficiency is alleged; and ( c ) request an investigation into the affairs of the organisation with a view to its dissolution. (3) If upon investigation it appears that the funds of the organisation are insufficient to meet the existing claims thereon or that the rates of contribution fixed in the rules of the organisation are insufficient to cover the benefits assured to be given by the organisation, the Registrar may, if he considers it expedient to do so, order that the organisation shall be dissolved and its affairs wound up and shall direct in what manner the assets of the organisation shall be divided or appropriated: Provided that the Registrar may suspend his order for such period as he may consider necessary to enable the organisation to make such alteration and adjustment of contributions and benefits as will in his judgment remove the necessity for the making of the order of dissolution. (4) The Registrar proceeding under this section shall have all the powers and authorities enforceable by the same penalties as in the case of a dispute referred to him under this Act. (5) Every order under this section, whether for dissolution or distribution of funds, shall be final and conclusive on the organisation in respect of which the order is made and on all members and subscribers of the organisation and on all persons having any claim on the funds of the organisation without appeal and shall be enforced in the same manner as a decision in a dispute under this Act. (6) The expenses of every investigation and of publishing every notification of dissolution shall be paid out of the funds of the organisation before any other appropriation thereof is made. (7) A notification of every order for dissolution shall, within 21 days after the order has been made, be published in the Gazette and unless, within 3 months from the date of the publication of the notification, a member or subscriber or person interested in or having any claim on the funds of the organisation commences proceedings to set aside the dissolution of the organisation consequent upon the order, and the dissolution is set aside accordingly, the organisation shall be dissolved from the date of the publication of the notification and the requisite signatures to the application to the Registrar shall be considered to have been duly obtained without proof of the signatures thereto.


document_id: mboa-1960
provision_ref: s35
section: 35
title: Notice of proceedings to set aside dissolution
content:
35. —(1) Where a person takes any proceedings to set aside the dissolution of an organisation, he shall give notice of the proceeding to the Registrar not less than 7 days before the proceeding is commenced. (2) Where an order is made setting aside the dissolution of an organisation, the organisation shall give notice of the order to the Registrar within 7 days after the order has been made.


document_id: mboa-1960
provision_ref: s36
section: 36
title: Decision on disputes
content:
36. —(1) Every dispute between — ( a ) a member or subscriber or person claiming through a member or a subscriber or under the rules of a registered organisation and the organisation or an officer thereof; and ( b ) any person aggrieved who has ceased to be a member of a registered organisation or any person claiming through such an aggrieved person, and the organisation or an officer thereof, shall be decided in the manner directed by the rules of the registered organisation and the decision so given shall be binding and conclusive on all parties without appeal, and shall not be removable to any court or restrainable by injunction; and application for the enforcement thereof may be made to a District Court. (2) The parties to a dispute involving a registered organisation may by consent (unless the rules of the organisation expressly forbid it) refer the dispute to the Registrar. (3) The Registrar to whom a dispute is referred shall, either by himself or by any Assistant Registrar, hear and determine the dispute and shall have power to order the expenses of determining the dispute to be paid either out of funds of the organisation or by such parties to the dispute as he may think fit, and his determination or order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the organisation. (4) The Registrar or Assistant Registrar to whom a dispute is referred may administer oaths and may require the attendance of all parties concerned and of witnesses, and the production of all books and documents relating to the matter in question.


document_id: mboa-1960
provision_ref: s37
section: 37
title: Unlawful organisations
content:
37. Every mutual benefit organisation, not being a registered organisation, shall be deemed to be an unlawful organisation.


document_id: mboa-1960
provision_ref: s38
section: 38
title: Penalties on office-bearer, etc., of unlawful organisation
content:
38. Any office-bearer and any person managing or assisting in the management of any unlawful organisation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: mboa-1960
provision_ref: s39
section: 39
title: Penalties on member of unlawful organisation
content:
39. Any person who is or acts as a member of an unlawful organisation or attends a meeting of an unlawful organisation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both.


document_id: mboa-1960
provision_ref: s40
section: 40
title: Persons allowing unlawful organisation on premises
content:
40. Any person who knowingly allows a meeting of an unlawful organisation or of members of an unlawful organisation to be held in any house, building or place belonging to or occupied by him or over which he has control, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both.


document_id: mboa-1960
provision_ref: s41
section: 41
title: Presumptions
content:
41. In any proceedings under this Act — ( a ) it shall not be necessary for the prosecution to prove that a mutual benefit organisation possesses a name or that it has been constituted or is usually known under a particular name; and ( b ) where it is alleged that an organisation is an unlawful organisation, the burden of proving that it is a registered organisation shall lie on the person charged.


document_id: mboa-1960
provision_ref: s42
section: 42
title: Offences
content:
42. —(1) It shall be an offence if — ( a ) a registered organisation or an officer or member thereof or subscriber thereto fails to give any notice, send any return or document, do or allow to be done anything which the organisation, officer or person is by this Act required to give, send, do or allow to be done; ( b ) a registered organisation or an officer or member thereof or subscriber thereto wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act by the Registrar or by any person authorised under this Act, or does anything forbidden by this Act; ( c ) a registered organisation or an officer or member thereof or subscriber thereto makes a return or wilfully furnishes information which is in any respect false or insufficient; or ( d ) where a dispute is referred under this Act to the Registrar, a person refuses to attend or to produce any document or to give evidence before the Registrar or Assistant Registrar. (2) A registered organisation and an officer or member of or subscriber to a registered organisation or other person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $200.


document_id: mboa-1960
provision_ref: s43
section: 43
title: Offences by organisation to be also offences by officers, etc.
content:
43. Where a registered organisation is guilty of an offence, every officer of the organisation bound by the rules thereof to fulfil any duty whereof the offence is a breach, or if there is no such officer then every member of the committee, unless that member is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall be liable to the same penalty as if he had committed the offence.


document_id: mboa-1960
provision_ref: s44
section: 44
title: Continuing offence
content:
44. Every default under this Act constituting an offence, if continued, shall constitute a new offence in every week during which the default continues.


document_id: mboa-1960
provision_ref: s45
section: 45
title: Punishment of fraud, false declaration and misappropriation
content:
45. —(1) Any person who with intent to mislead or defraud gives to any person a copy of any rules, laws, regulations or other documents, other than the rules of a registered organisation, on the pretence that they are the existing rules of that organisation or that there are no other rules of the organisation or gives to any person a copy of any rules on the pretence that those rules are the rules of a registered organisation when the organisation is not registered, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both. (2) Any person who obtains possession by false representation of any property of a registered organisation or withholds or misapplies any such property in his possession or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the organisation and authorised by this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both and to be ordered to deliver up all such property or to repay all sums of money applied improperly.


document_id: mboa-1960
provision_ref: s46
section: 46
title: Falsification
content:
46. Any person who wilfully makes, orders or allows to be made any entry, erasure in or omission from a balance sheet of a registered organisation or a return or document required to be sent, produced or delivered for the purposes of this Act, with intent to falsify it or to evade the provisions of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: mboa-1960
provision_ref: s47
section: 47
title: Legal proceedings
content:
47. —(1) Every registered organisation may sue and be sued in the name in which it is registered under this Act. (2) An originating claim or other legal process may be served on a registered organisation by serving it on an officer of the organisation or by leaving it at, or sending it by registered post to, the registered address of the organisation. [Act 25 of 2021 wef 01/04/2022] (3) The judgment in any suit against a registered organisation shall not be enforced against the person or property of any officer or member of the organisation but only against the property of the organisation. [Act 25 of 2021 wef 01/04/2022]


document_id: mboa-1960
provision_ref: s48
section: 48
title: Exemption
content:
48. —(1) Nothing in this Act shall apply to any person, body or organisation to which the Insurance Act 1966 applies or which is registered under the Co‑operative Societies Act 1979, the Trade Unions Act 1940 or the Platform Workers Act 2024. [Act 30 of 2024 wef 01/11/2024] (2) The Minister may exempt any organisation, person or class of persons from all or any of the provisions of this Act.


document_id: mboa-1960
provision_ref: s49
section: 49
title: Rules
content:
49. —(1) The Minister may make rules for any of the following purposes: ( a ) prescribing the manner of registration of mutual benefit organisations under this Act; ( b ) regulating or restricting changes of the name or objects of registered organisations; ( c ) regulating or restricting changes of the place of business or place of meetings of registered organisations; ( d ) prescribing the forms which may be used for carrying out the provisions of this Act; ( e ) prescribing the information to be furnished to the Registrar; ( f ) prescribing the fees which may be levied under this Act; ( g ) prescribing the percentage of the total receipts from subscriptions that may be deducted by a registered organisation for administration and other expenses; ( h ) generally for carrying into effect the provisions of this Act in relation to any matters, whether similar or not to those in this subsection mentioned, as to which he may consider it expedient to make rules. (2) The Minister in making a rule under this section may direct that a person guilty of a contravention of any rule shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and where the contravention is a continuing one to a fine not exceeding $50 for every day after the first day during which the contravention continues. (3) All rules made under this section shall be published in the Gazette and shall be presented to Parliament as soon as possible after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the rules are so presented annulling the rules or any part thereof as from a specified date, the rules or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new rules.


document_id: mca-1911
provision_ref: s1
chapter: PART 1 - PROVISIONS AS TO COLLISIONS, ETC.
section: 1
title: Rule as to division of loss
content:
1. —(1) Where, by the fault of 2 or more ships, damage or loss is caused to one or more of those ships, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was in fault, except that if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally. (2) Nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed. (3) Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law. (4) For the purposes of this Act, “freight” includes passage money and hire, and references to damage or loss caused by the fault of a ship shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable at law by way of damages.


document_id: mca-1911
provision_ref: s2
chapter: PART 1 - PROVISIONS AS TO COLLISIONS, ETC.
section: 2
title: Damages for personal injuries
content:
2. —(1) Where loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships shall be joint and several. (2) Nothing in this section — ( a ) shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person or persons entitled to sue in respect of such loss of life; or ( b ) shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.


document_id: mca-1911
provision_ref: s3
chapter: PART 1 - PROVISIONS AS TO COLLISIONS, ETC.
section: 3
title: Right of contribution
content:
3. —(1) Where loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and any other ship or ships, and a proportion of the damages is recovered against the owners of one of the ships which exceeds the proportion in which she was in fault, they may recover by way of contribution the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault. (2) No amount shall be recovered under subsection (1) which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor. (3) In addition to any other remedy provided by law, the persons entitled to any such contribution as aforesaid shall, for the purpose of recovering the same, have, subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance. 4. [ Omitted in 2004 Revised Edition ]


document_id: mca-1911
provision_ref: s5
chapter: PART 1 - PROVISIONS AS TO COLLISIONS, ETC.
section: 5
title: Jurisdiction in cases of loss of life or personal injury
content:
5. Any enactment which confers on any court admiralty jurisdiction in respect of damage shall have effect as though references to such damage included references to damages for loss of life or personal injury, and accordingly proceedings in respect of such damages may be brought in rem (against the thing) or in personam (against the person).


document_id: mca-1911
provision_ref: s6
chapter: PART 2 - PROVISIONS AS TO SALVAGE
section: 6
title: General duty to render assistance to persons in danger at sea
content:
6. —(1) The master or person in charge of a ship shall, so far as he can do so without serious danger to his own ship, her crew and passengers (if any), render assistance to every person, even if such person be a subject of a foreign State at war with Singapore, who is found at sea in danger of being lost, and, if he fails to do so, he shall be guilty of an offence. (2) Compliance by the master or person in charge of a ship with the provisions of this section shall not affect his right or the right of any other person to salvage. 7. [ Repealed by Act 3 of 2019 ]


document_id: mca-1911
provision_ref: s8
chapter: PART 3 - GENERAL PROVISIONS
section: 8
title: Limitation of actions
content:
8. —(1) No action shall be maintainable to enforce any claim or lien against a ship or her owners in respect of any damage or loss to another ship, her cargo or freight, or any property on board her, or damages for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former ship, whether such ship be wholly or partly in fault, unless proceedings therein are commenced within 2 years from the date when the damage, loss or injury was caused. [3/2019] (2) An action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings therein are commenced within one year from the date of payment. (3) Notwithstanding subsections (1) and (2), any court having jurisdiction to deal with an action to which this section relates — ( a ) may, in accordance with the Rules of Court, extend any such period, to such extent and on such conditions as it thinks fit; and ( b ) shall, if satisfied that there has not during such period been any reasonable opportunity of arresting the defendant ship within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity.


document_id: mca-1911
provision_ref: s9
chapter: PART 3 - GENERAL PROVISIONS
section: 9
title: Application of Act
content:
9. —(1) This Act shall extend throughout His Majesty’s dominions and to any territories under his protection, and to Cyprus. (2) This Act shall not extend to the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland. (3) This Act shall not apply in any case in which proceedings have been taken before the passing thereof and all such cases shall be determined as though this Act had not been passed. (4) This Act shall apply to any persons other than the owners responsible for the fault of the ship as though the expression “owners” included such persons. (5) In any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the ship, this Act shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible.


document_id: mca-1911
provision_ref: s10
chapter: PART 3 - GENERAL PROVISIONS
section: 10
title: Short title and construction
content:
10. This Act may be cited as the Maritime Conventions Act 1911, and shall be construed as one with the Merchant Shipping Act 1995.


document_id: mca-1987
provision_ref: s1
section: 1
title: Disapplication of Infants Relief Act 1874
content:
1. The Infants Relief Act 1874 (which invalidates certain contracts made by minors and prohibits actions to enforce contracts ratified after majority) shall not apply to any contract made by a minor after 9 April 1987.


document_id: mca-1987
provision_ref: s2
section: 2
title: Guarantees
content:
2. Where — ( a ) a guarantee is given in respect of an obligation of a party to a contract made after 9 April 1987; and ( b ) the obligation is unenforceable against him (or he repudiates the contract) because he was a minor when the contract was made, the guarantee shall not for that reason alone be unenforceable against the guarantor.


document_id: mca-1987
provision_ref: s3
section: 3
title: Restitution
content:
3. —(1) Where — ( a ) a person (the claimant) has after 9 April 1987 entered into a contract with another (the defendant); and ( b ) the contract is unenforceable against the defendant (or he repudiates it) because he was a minor when the contract was made, the court may, if it is just and equitable to do so, require the defendant to transfer to the claimant any property acquired by the defendant under the contract, or any property representing it. [Act 25 of 2021 wef 01/04/2022] (2) Nothing in this section shall be taken to prejudice any other remedy available to the claimant. [Act 25 of 2021 wef 01/04/2022]


document_id: mca-1987
provision_ref: s4
section: 4
title: Contracts before 12 November 1993
content:
4. Nothing in this Act applies in relation to a contract made after 9 April 1987 and before 12 November 1993 except in so far as it was applicable by virtue of section 5 of the Civil Law Act 1909 in force before 12 November 1993.


document_id: mca-2008
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “appropriate consent” has the meaning given by the Human Biomedical Research Act 2015; “clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007; “court” means the General Division of the High Court or a Family Court; “deputy” means a person appointed by the court under section 20(2)( b ) to make decisions on behalf of another person (“P”) in relation to a matter or matters concerning all or any of the following in respect of which P lacks capacity: ( a ) P’s personal welfare; ( b ) P’s property and affairs; [Act 16 of 2021 wef 14/11/2022] “donee” means a person who is conferred authority by a donor (“P”) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make such decisions: ( a ) P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney; ( b ) P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney; [Act 16 of 2021 wef 14/11/2022] “donor” means a person (“P”) who confers authority on a donee (or donees) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make those decisions: ( a ) P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney; ( b ) P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney; [Act 16 of 2021 wef 14/11/2022] “electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010 * ; [Act 16 of 2021 wef 14/11/2022] “electronic instrument” means an electronic record that confers authority of the kind mentioned in section 11(1); [Act 16 of 2021 wef 14/11/2022] “electronic transaction system” means the electronic transaction system established by the Public Guardian under section 10B(1); [Act 16 of 2021 wef 14/11/2022] “lasting power of attorney” has the meaning given by section 11; “life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life; “non-electronic lasting power of attorney” means a lasting power of attorney that is created using non-electronic means; [Act 16 of 2021 wef 14/11/2022] “professional deputy” means a person — ( a ) who offers or provides the services of a deputy for remuneration; and ( b ) who is registered with the Public Guardian as a professional deputy; “professional donee” means a person — ( a ) who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and ( b ) who offers or provides the services of a donee for remuneration; “property” includes any thing in action and any interest in real or personal property; “Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A); “registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997; “Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018; [Act 16 of 2021 wef 01/04/2023] “treatment” includes a diagnostic or other procedure; “will” includes codicil. [*Updated to be consistent with the 2020 Revised Edition] [27/2014; 29/2015; 10/2016; 40/2019] (2) In this Act, references to making decisions, in relation to a one of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made. (3) For the purposes of this Act, a reference to an instrument that confers authority of the kind mentioned in section 11(1) includes an electronic instrument made in accordance with section 11(2)( b )(ii). [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s3
chapter: PART 2 - PERSONS WHO LACK CAPACITY
section: 3
title: Principles
content:
3. —(1) The following principles apply for the purposes of this Act. (2) A person must be assumed to have capacity unless it is established that the person lacks capacity. (3) A person is not to be treated as unable to make a decision unless all practicable steps to help the person to do so have been taken without success. (4) A person is not to be treated as unable to make a decision merely because the person makes an unwise decision. (5) An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in the person’s best interests. (6) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.


document_id: mca-2008
provision_ref: s4
chapter: PART 2 - PERSONS WHO LACK CAPACITY
section: 4
title: Persons who lack capacity
content:
4. —(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time the person is unable to make a decision for himself or herself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to — ( a ) a person’s age or appearance; or ( b ) a condition of the person, or an aspect of the person’s behaviour, which might lead others to make unjustified assumptions about the person’s capacity. (4) In proceedings under this Act (other than proceedings for offences under this Act), any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities. (5) Subject to section 21, no power which a person (“D”) may exercise under this Act — ( a ) in relation to a person who lacks capacity; or ( b ) where D reasonably thinks that a person lacks capacity, is exercisable in relation to a person below 21 years of age.


document_id: mca-2008
provision_ref: s5
chapter: PART 2 - PERSONS WHO LACK CAPACITY
section: 5
title: Inability to make decisions
content:
5. —(1) For the purposes of section 4, a person is unable to make a decision for himself or herself if the person is unable — ( a ) to understand the information relevant to the decision; ( b ) to retain that information; ( c ) to use or weigh that information as part of the process of making the decision; or ( d ) to communicate his or her decision (whether by talking, using sign language or any other means). (2) A person is not to be regarded as unable to understand the information relevant to a decision if the person is able to understand an explanation of it given to him or her in a way that is appropriate to his or her circumstances (using simple language, visual aids or any other means). (3) The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent the person from being regarded as able to make the decision. (4) The information relevant to a decision includes information about the reasonably foreseeable consequences of — ( a ) deciding one way or another; or ( b ) failing to make the decision.


document_id: mca-2008
provision_ref: s6
chapter: PART 2 - PERSONS WHO LACK CAPACITY
section: 6
title: Best interests
content:
6. —(1) In determining for the purposes of this Act what is in a person’s best interests, the person making the determination must not make it merely on the basis of — ( a ) the person’s age or appearance; or ( b ) a condition of the person, or an aspect of the person’s behaviour, which might lead others to make unjustified assumptions about what might be in the person’s best interests. (2) The person making the determination must consider all the relevant circumstances and, in particular, take the steps specified in subsections (3) to (9). (3) He or she must consider — ( a ) whether it is likely that the person will at some time have capacity in relation to the matter in question; and ( b ) if it appears likely that the person will, when that is likely to be. (4) He or she must, so far as is reasonably practicable, permit and encourage the person to participate, or to improve the person’s ability to participate, as fully as possible in any act done for the person and any decision affecting the person. (5) Where the determination relates to life-sustaining treatment, he or she must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about the death of the person concerned. (6) Where the determination relates to the giving, refusal or revocation of — ( a ) appropriate consent of the person concerned under the Human Biomedical Research Act 2015 — he or she must take into account such matters, considerations and procedures as may be prescribed under Part 3 of that Act; or ( b ) consent of the person concerned under any written law relating to a clinical trial — he or she must take into account such matters, considerations and procedures as may be prescribed in such written law. [29/2015] (7) Where the determination relates to the disposition or settlement of the person’s property, he or she must be motivated by a desire to ensure, so far as is reasonably practicable, that the person’s property is preserved for application towards the costs of the person’s maintenance during the person’s life. (8) He or she must consider, so far as is reasonably ascertainable — ( a ) the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by the person when the person had capacity); ( b ) the beliefs and values that would be likely to influence his or her decision if the person had capacity; and ( c ) the other factors that the person would be likely to consider if the person were able to do so. (9) He or she must take into account, if it is practicable and appropriate to consult them, the views of — ( a ) anyone named by the person as someone to be consulted on the matter in question or on matters of that kind; ( b ) anyone engaged in caring for the person or interested in the person’s welfare; ( c ) any one of a lasting power of attorney granted by the person; and ( d ) any deputy appointed for the person by the court, as to what would be in the person’s best interests and, in particular, as to the matters mentioned in subsection (8). (10) The duties imposed by subsections (1) to (9) also apply in relation to the exercise of any powers which — ( a ) are exercisable under a lasting power of attorney; or ( b ) are exercisable by a person under this Act where the person reasonably believes that another person lacks capacity. (11) In the case of an act done, or a decision made, by a person other than the court, there is sufficient compliance with this section if (having complied with the requirements of subsections (1) to (9)) the person reasonably believes that what the person does or decides is in the best interests of the person concerned. (12) In subsection (2), “relevant circumstances” are those — ( a ) of which the person making the determination is aware; and ( b ) which it would be reasonable to regard as relevant.


document_id: mca-2008
provision_ref: s7
chapter: PART 3 - ACTS IN CONNECTION WITH CARE OR TREATMENT
section: 7
title: Acts in connection with care or treatment
content:
7. —(1) If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if — ( a ) before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question; and ( b ) when doing the act, D reasonably believes — (i) that P lacks capacity in relation to the matter; and (ii) that it will be in P’s best interests for the act to be done. (2) D does not incur any liability in relation to the act that D would not have incurred if P — ( a ) had had capacity to consent in relation to the matter; and ( b ) had consented to D’s doing the act. (3) Nothing in this section — ( a ) excludes a person’s civil liability for loss or damage, or the person’s criminal liability, resulting from the person’s negligence in doing the act; ( b ) affects the operation of the Advance Medical Directive Act 1996; ( c ) applies to the conduct of a clinical trial; or ( d ) applies to the conduct of human biomedical research within the meaning of the Human Biomedical Research Act 2015 or the removal or use of human tissue under that Act. [29/2015]


document_id: mca-2008
provision_ref: s8
chapter: PART 3 - ACTS IN CONNECTION WITH CARE OR TREATMENT
section: 8
title: Section 7 acts: limitations
content:
8. —(1) If D does an act that is intended to restrain P, it is not an act to which section 7 applies unless 2 further conditions are satisfied. (2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. (3) The second condition is that the act is a proportionate response to — ( a ) the likelihood of P’s suffering harm; and ( b ) the seriousness of that harm. (4) For the purposes of this section, D restrains P if D — ( a ) uses, or threatens to use, force to secure the doing of an act which P resists; or ( b ) restricts P’s liberty of movement, whether or not P resists. (5) Section 7 does not authorise a person to do an act which is inconsistent with a decision made, within the scope of the authority of, and in accordance with this Act, by — ( a ) a donee of a lasting power of attorney granted by P; or ( b ) a deputy appointed for P by the court.


document_id: mca-2008
provision_ref: s9
chapter: PART 3 - ACTS IN CONNECTION WITH CARE OR TREATMENT
section: 9
title: Payment for necessary goods and services
content:
9. —(1) If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, the person must pay a reasonable price for them. (2) In subsection (1), “necessary” means suitable to a person’s condition in life and to the person’s actual requirements at the time when the goods or services are supplied.


document_id: mca-2008
provision_ref: s10
chapter: PART 3 - ACTS IN CONNECTION WITH CARE OR TREATMENT
section: 10
title: Expenditure
content:
10. —(1) If an act to which section 7 applies involves expenditure for necessary goods or services within the meaning of section 9, it is lawful for D to apply money in P’s actual possession for meeting the expenditure. (2) If the expenditure is borne for P by D, it is lawful for D — ( a ) to reimburse himself or herself out of money in P’s actual possession; or ( b ) to be otherwise indemnified by P. (3) Subsections (1) and (2) do not affect any power under which (apart from those subsections) a person — ( a ) has lawful control of P’s money or other property; and ( b ) has power to spend money for P’s benefit.


document_id: mca-2008
provision_ref: s10A
chapter: PART 3A - ELECTRONIC TRANSACTION SYSTEM
section: 10A
title: Interpretation of this Part
content:
10A. In this Part, unless the context otherwise requires — “document” includes a document in electronic form; “malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system; “transaction”, in relation to the Public Guardian, means — ( a ) the filing or lodging of any document with the Public Guardian, or the submission, production, delivery, furnishing or sending of any document to the Public Guardian, under or for the purposes of this Act; ( b ) the making of any application, submission or request to the Public Guardian under or for the purposes of this Act; ( c ) the provision of any undertaking or declaration to the Public Guardian under or for the purposes of this Act; and ( d ) the extraction, retrieval or accessing of any document, record or information maintained by the Public Guardian under or for the purposes of this Act. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s10B
chapter: PART 3A - ELECTRONIC TRANSACTION SYSTEM
section: 10B
title: Establishment of electronic transaction system
content:
10B. —(1) The Public Guardian may establish an electronic transaction system — ( a ) to enable any donor to create an electronic instrument with a view to creating a lasting power of attorney; ( b ) to enable any person to carry out any transaction with the Public Guardian; ( c ) to enable a person to give a notice to another person under or for the purposes of this Act; ( d ) to enable the Public Guardian to issue any approval, certification, notice or other document under or for the purposes of this Act; ( e ) to enable the Public Guardian to attach a note to any lasting power of attorney; ( f ) to enable the Public Guardian to provide to persons entitled copies or extracts of documents filed or lodged with, submitted to, or issued by, the Public Guardian; ( g ) to enable the Public Guardian to provide a service for the supply to the public of non-confidential information relating to transactions with the Public Guardian; and ( h ) to enable the Public Guardian to carry out any of the Public Guardian’s functions, or to provide any other service falling within those functions. (2) The non-confidential information that may be provided under the service mentioned in subsection (1)( g ) — ( a ) may include — (i) information extracted from documents filed or lodged with, submitted to, or issued by, the Public Guardian; and (ii) collations, summaries, reports or analyses of documents filed or lodged with, submitted to, or issued by, the Public Guardian; and ( b ) may be derived from documents filed or lodged with, submitted to, or issued by, the Public Guardian other than through the electronic transaction system. (3) Where any transaction with the Public Guardian can be carried out using the electronic transaction system, the Public Guardian may refuse to process the transaction unless — ( a ) the transaction is carried out in accordance with this Part, including the requirements for the use of the electronic transaction system specified in subsection (4); ( b ) the transaction meets the requirements prescribed in this Act or specified by the Public Guardian (as the case may be) for that transaction; and ( c ) the fee payable for the transaction has been paid. (4) Subject to this Part and any regulations made under section 46, the Public Guardian may, from time to time, determine the requirements for the use of the electronic transaction system, which may include — ( a ) conditions of access to, and use of, the electronic transaction system; ( b ) security and authentication requirements for access to, and use of, the electronic transaction system; ( c ) retention and production of documents supporting or authenticating transactions; and ( d ) modes of payment for transactions. (5) The Public Guardian must keep a record, in such form as the Public Guardian may determine, of — ( a ) all transactions with the Public Guardian that are carried out using the electronic transaction system; ( b ) all approvals, certifications, notices and other documents issued by the Public Guardian under or for the purposes of this Act through the electronic transaction system; and ( c ) all notes attached by the Public Guardian to any lasting power of attorney using the electronic transaction system. (6) The Public Guardian must ensure that each of the following documents is kept in such form as the Public Guardian may determine, that ensures the integrity, and enables the retrieval, of the document: ( a ) any lasting power of attorney that is created using the electronic transaction system; ( b ) any electronic copy of a non-electronic lasting power of attorney. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s10C
chapter: PART 3A - ELECTRONIC TRANSACTION SYSTEM
section: 10C
title: Requirement to use electronic transaction system
content:
10C. —(1) Except as provided in subsection (2), a person who wishes to carry out a transaction with the Public Guardian — ( a ) must do so using the electronic transaction system if the transaction is an application for the registration of an instrument purporting to create a lasting power of attorney; ( b ) must do so using the electronic transaction system if required by the Public Guardian; or ( c ) may do so using the electronic transaction system if permitted by the Public Guardian. (2) If a transaction with the Public Guardian under or for the purposes of this Act cannot be carried out using the electronic transaction system — ( a ) because the person mentioned in subsection (1) is unable to carry out the transaction using the electronic transaction system due to the person’s physical disability or other circumstance; ( b ) because the electronic transaction system is unavailable; or ( c ) for any other reason, the transaction must be carried out in the form and manner determined by the Public Guardian. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s10D
chapter: PART 3A - ELECTRONIC TRANSACTION SYSTEM
section: 10D
title: Electronic transaction system malfunction, errors and omissions
content:
10D. —(1) Despite any other written law or rule of law, the Public Guardian may — ( a ) correct any error or omission in any register kept by the Public Guardian under this Act; ( b ) correct any error or omission in any document filed or lodged with, or submitted to, the Public Guardian; and ( c ) supply entries or records omitted to be made in any register mentioned in paragraph ( a ), if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system. (2) The Public Guardian must maintain a record of every correction made under subsection (1). (3) When any error or omission has been corrected under subsection (1), the error or omission is deemed not to have occurred. (4) The Public Guardian, an Assistant Public Guardian, an authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian is not liable for any loss or damage suffered by any person by reason of any error or omission, if — ( a ) the error or omission had occurred or arisen as a result of any malfunction of the electronic transaction system; and ( b ) the malfunction of the electronic transaction system had occurred despite the Public Guardian having acted in good faith and with reasonable care to prevent such a malfunction from occurring. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s11
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 11
title: Lasting powers of attorney
content:
11. —(1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following: ( a ) P’s personal welfare or specified matters concerning P’s personal welfare; ( b ) P’s property and affairs or specified matters concerning P’s property and affairs, when P no longer has capacity to make such decisions. (2) A lasting power of attorney is not created unless — ( a ) section 12 is complied with; ( b ) an instrument conferring authority of the kind mentioned in subsection (1) — (i) being one executed by P before the date of commencement of section 4 of the Mental Capacity (Amendment) Act 2021 — is made and registered in accordance with the First Schedule as in force immediately before that date; or (ii) being one executed by P on or after the date of commencement of section 4 of the Mental Capacity (Amendment) Act 2021 — (A) is made using the electronic transaction system in accordance with section 12A and the First Schedule, or (in a case under subsection (2A)) is made in accordance with the First Schedule; and (B) is registered in accordance with the First Schedule; and [Act 16 of 2021 wef 14/11/2022] ( c ) at the time when P executes the instrument, P has attained the age of 21 years and has capacity to execute it. (2A) The Public Guardian may allow an instrument conferring authority of the kind mentioned in subsection (1) to be made in accordance with the First Schedule, without using the electronic transaction system, in any one or more of the following circumstances: ( a ) the donor is unable to make the instrument using the electronic transaction system due to the donor’s physical disability or other circumstance; ( b ) the donee is unable to sign the instrument using the electronic transaction system due to the donee’s physical disability or other circumstance; ( c ) the electronic transaction system is unavailable; ( d ) any other prescribed circumstances. [Act 16 of 2021 wef 14/11/2022] (3) Subject to section 12B, an instrument which — ( a ) purports to create a lasting power of attorney; but ( b ) does not comply with this section, section 12 or the First Schedule, confers no authority. [Act 15 of 2024 wef 04/05/2024] (4) The authority conferred by a lasting power of attorney is subject to — ( a ) the provisions of this Act and, in particular, sections 3 (principles) and 6 (best interests); and ( b ) any conditions or restrictions specified in the instrument. (5) On or after the date of commencement of section 4 of the Mental Capacity (Amendment) Act 2021, the Public Guardian may return any non-electronic lasting power of attorney that is kept by the Public Guardian (whether registered before, on or after that date) to its donor if — ( a ) the Public Guardian has ensured that an electronic copy of the lasting power of attorney (including all the notes attached to it under this Act), that is free from any relevant error, is made, and kept in the electronic transaction system (called in this section the electronic copy); ( b ) the return of the non-electronic lasting power of attorney is accompanied by a notice to the effect that unless the Public Guardian is notified by the donor of any relevant error in the electronic copy within 90 days (or any longer prescribed period) after the date of the notice, the electronic copy will be treated as being free from any relevant error and as the lasting power of attorney; and ( c ) a notice is sent to the donee of the lasting power of attorney (or if there is more than one donee, each of them) to the effect that where the donor lacks capacity to verify whether there is a relevant error in the electronic copy or to give a notice to the Public Guardian of any relevant error in the electronic copy, then the donee (or if there is more than one donee, any of them) may give a notice to the Public Guardian of any relevant error in the electronic copy within 90 days (or any longer prescribed period) after the date of the notice, and unless this is done the electronic copy will be treated as being free from any relevant error and as the lasting power of attorney. [Act 16 of 2021 wef 14/11/2022] (6) The Public Guardian may also send — ( a ) a notice mentioned in subsection (5)( b ) to the donor of a non-electronic lasting power of attorney that was registered before the date of commencement of section 4 of the Mental Capacity (Amendment) Act 2021; and ( b ) a notice mentioned in subsection (5)( c ) to the donee of such lasting power of attorney (or if there is more than one donee, each of them), where — ( c ) the Public Guardian has, before that date, returned the non-electronic lasting power of attorney to its donor or donee (or if there is more than one donee, any of them); and ( d ) the Public Guardian has before or after such return ensured that an electronic copy of the lasting power of attorney (including all the notes attached to it under this Act), that is free from any relevant error, was made and is kept in the electronic transaction system (also called in this section the electronic copy). [Act 16 of 2021 wef 14/11/2022] (7) The donor of a non-electronic lasting power of attorney who received a notice mentioned in subsection (5)( b ) may within 90 days (or any longer prescribed period) after the date of the notice, give a notice to the Public Guardian of any relevant error in the electronic copy (called in this section a notice of error). [Act 16 of 2021 wef 14/11/2022] (8) A donee of a non-electronic lasting power of attorney who received a notice mentioned in subsection (5)( c ) may, if the donor of the lasting power of attorney lacks capacity to verify whether there is a relevant error in the electronic copy or to give a notice to the Public Guardian of any relevant error in the electronic copy, within 90 days (or any longer prescribed period) after the date of the notice, give a notice to the Public Guardian of any relevant error in the electronic copy (also called in this section a notice of error). [Act 16 of 2021 wef 14/11/2022] (9) A notice of error under subsection (8) must be accompanied by a certificate from a registered medical practitioner verifying the lack of capacity of the donor to carry out any act described in that subsection, or to undertake tasks of a similar nature. [Act 16 of 2021 wef 14/11/2022] (10) On receipt of a notice of error under subsection (7) or (8), the Public Guardian may, if satisfied that there is a relevant error in the electronic copy, rectify the relevant error. [Act 16 of 2021 wef 14/11/2022] (11) The Public Guardian must give a written notice of the Public Guardian’s decision whether or not to rectify the relevant error to the donor and to the donee or (if there is more than one donee) every donee. [Act 16 of 2021 wef 14/11/2022] (12) Subject to sections 15A and 16A, the electronic copy of a non-electronic lasting power of attorney is treated as being free from any relevant error and as the lasting power of attorney — ( a ) if no notice of error is received by the Public Guardian by the last day of the period mentioned in subsection (5)( b ) or ( c ), whichever is the later — on the next day (called in this section the expiry day); or ( b ) if a notice of error is received by the Public Guardian within the period mentioned in subsection (5)( b ) or ( c ) — (i) where the Public Guardian decides to rectify the relevant error — on the later of the following: (A) the expiry day; (B) the day on which the Public Guardian rectifies the relevant error; or (ii) where the Public Guardian decides not to rectify the relevant error — on the later of the following: (A) the expiry day; (B) the day on which the Public Guardian sends the written notice under subsection (11). [Act 16 of 2021 wef 14/11/2022] (13) To avoid doubt, the treatment of the electronic copy of a non-electronic lasting power of attorney as being free from any relevant error and as the lasting power of attorney under subsection (12) does not affect the rights and obligations of any party under the lasting power of attorney, and the date of registration of the lasting power of attorney remains as the date of registration of the non-electronic lasting power of attorney. [Act 16 of 2021 wef 14/11/2022] (14) In this section, “relevant error”, in relation to an electronic copy of a non-electronic lasting power of attorney, means any disparity or inconsistency between the electronic copy and the lasting power of attorney that is registered by the Public Guardian. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s12
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 12
title: Appointment of donees
content:
12. —(1) A donee of a lasting power of attorney must be — ( a ) where the power relates only to P’s property and affairs — (i) an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration; (ii) an individual who is a professional donee and is not related to P by blood or marriage; or (iii) a professional donee who is not an individual; and ( b ) in any other case — (i) an individual who has attained the age of 21 years and provides to P the services of a donee without remuneration; or (ii) an individual who is a professional donee and is not related to P by blood or marriage. [10/2016] (2) A person who is an undischarged bankrupt may not be appointed as donee of a lasting power of attorney in relation to P’s property and affairs. (3) Subsections (4) to (7) apply in relation to an instrument under which 2 or more persons are to act as donees of a lasting power of attorney. (4) The instrument may appoint them to act — ( a ) jointly; ( b ) jointly and severally; or ( c ) jointly in respect of some matters and jointly and severally in respect of others. (5) To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly. (6) If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of the First Schedule prevents a lasting power of attorney from being created. [Act 16 of 2021 wef 14/11/2022] (7) If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of the First Schedule — ( a ) prevents the appointment taking effect in that person’s case; but ( b ) does not prevent a lasting power of attorney from being created in the case of the other or others. [Act 16 of 2021 wef 14/11/2022] (8) An instrument used to create a lasting power of attorney — ( a ) cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor; but ( b ) may itself appoint a person (called in subsection (9) the replacement donee) to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 15(5)( a ) to ( d ) which has the effect of terminating the donee’s appointment. [10/2016] (9) To avoid doubt, an instrument used to create a lasting power of attorney — ( a ) may itself appoint one or more replacement donees in respect of a particular donee; but ( b ) cannot itself appoint a person to replace any replacement donee. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s12A
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 12A
title: Execution of lasting power of attorney
content:
12A. —(1) On or after the date of commencement of section 6 of the Mental Capacity (Amendment) Act 2021, where a rule of law requires an instrument conferring authority of the kind mentioned in section 11(1) to be a deed, that requirement is met by an electronic record in the electronic transaction system if — ( a ) the electronic record clearly states on its face that it is intended to be a deed by P; ( b ) P signs the electronic record by applying a secure electronic signature to the electronic record in the electronic transaction system; ( c ) P’s signature is attested by a witness who witnesses P’s execution of the electronic record; and ( d ) the executed electronic record is delivered as a deed by P. (2) Without limiting subsection (1)( d ), an executed electronic record is treated as having been delivered as a deed by P on P making an application to the Public Guardian to register it as a lasting power of attorney. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s12B
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 12B
title: Validation
content:
12B. —(1) Despite anything in section 12A(1), an instrument conferring authority of the kind mentioned in section 11(1) that is in the form of an electronic record in the electronic transaction system is not invalid as a deed by reason only that the electronic record does not state on its face that it is intended to be a deed in accordance with section 12A(1)( a ), if — ( a ) the instrument was made using the electronic transaction system in compliance with section 12A (except subsection (1)( a ) of that section); and ( b ) the instrument was made between 14 November 2022 and 4 January 2024 (both dates inclusive). (2) Despite anything in this Act, a lasting power of attorney is not invalidly created under section 11(2) by reason only that the instrument which purports to create the lasting power of attorney is an instrument mentioned in subsection (1). (3) No legal proceedings may be instituted on or after 6 March 2024 in any court in respect of the validity of a lasting power of attorney mentioned in subsection (2) by reason of the instrument which purports to create the lasting power of attorney not being made in accordance with section 12A(1)( a ). (4) Subsections (1), (2) and (3) do not affect the power of the court under section 17 to determine whether one or more of the requirements for the creation of a lasting power of attorney (not being a requirement under section 12A(1)( a )) have been met. [Act 15 of 2024 wef 04/05/2024]


document_id: mca-2008
provision_ref: s13
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 13
title: Lasting powers of attorney: restrictions
content:
13. —(1) A donee under a lasting power of attorney (or, if more than one, any of them) may only make decisions under the lasting power of attorney where P lacks capacity, or the donee reasonably believes that P lacks capacity. (2) A lasting power of attorney does not authorise the donee (or, if more than one, any of them) to do an act that is intended to restrain P, unless 2 further conditions are satisfied. (3) The first condition is that the donee reasonably believes that it is necessary to do the act in order to prevent harm to P. (4) The second condition is that the act is a proportionate response to — ( a ) the likelihood of P’s suffering harm; and ( b ) the seriousness of that harm. (5) For the purposes of this section, the donee restrains P if the donee — ( a ) uses, or threatens to use, force to secure the doing of an act which P resists; or ( b ) restricts P’s liberty of movement, whether or not P resists, or if the donee authorises another person to do any of those things. (6) Subject to subsection (8), where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P if, and only if, the instrument contains express provision to that effect. (7) For the purposes of subsection (6), treatment, in relation to P, includes the conduct of a clinical trial on P. (7A) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P’s personal welfare, the authority extends to giving, refusing or revoking appropriate consent involving P under the Human Biomedical Research Act 2015 if, and only if, the instrument contains express provision to that effect. [29/2015] (8) Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s personal welfare may not make any decision with respect to the carrying out or continuation of — ( a ) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act 1996; or ( b ) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition. (9) Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s property and affairs may not — ( a ) make, on P’s behalf, any nomination under section 132(2) or 133(2) of the Insurance Act 1966; ( b ) where any nomination under section 132(2) or 133(2) of the Insurance Act 1966 has been made by P or by the court on P’s behalf, revoke, on P’s behalf, that nomination under section 132(7) or 133(4) (as the case may be) of that Act; or ( c ) execute a will for P. (9A) Despite anything in the lasting power of attorney, a donee authorised to make decisions about P’s property and affairs may not — ( a ) execute under section 15(6A) or 25(1) of the Central Provident Fund Act 1953, on P’s behalf, any memorandum under section 25(1) of that Act; or ( b ) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, revoke, on P’s behalf, that memorandum or nomination, as the case may be. (10) Despite any other provision of this Act, a person dealing with a donee in matters relating to P’s personal welfare or property may require the donee to produce a certificate from a registered medical practitioner stating that P’s lack of capacity is likely to be permanent, and if the donee fails to produce the certificate, the person may refuse to accept the donee’s authority to make decisions for P in such matters. [Act 16 of 2021 wef 14/11/2022] (11) This section does not affect any other power conferred on a donee of a lasting power of attorney under any other written law.


document_id: mca-2008
provision_ref: s14
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 14
title: Scope of lasting powers of attorney: gifts
content:
14. —(1) Where a lasting power of attorney confers authority to make decisions about P’s property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor’s property by making gifts except to the extent permitted under subsections (2) and (3). (2) The donee may make gifts if, and only if, the lasting power of attorney contains express authorisation to that effect. (3) Where the express authorisation in the lasting power of attorney does not specify the value of the gift or gifts to be made, the donee — ( a ) may make a gift or gifts of such value which are not unreasonable having regard to all the circumstances and, in particular, the size of the donor’s estate; and ( b ) must have regard to the principle in section 6(7). (4) Subsection (3) does not affect section 11(4).


document_id: mca-2008
provision_ref: s15
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 15
title: Revocation of lasting powers of attorney, etc.
content:
15. —(1) This section applies if — ( a ) P has executed an instrument with a view to creating a lasting power of attorney; or ( b ) a lasting power of attorney is registered as having been conferred by P, and in this section, references to revoking the power include revoking the instrument. (2) P may, at any time when P has capacity to do so, revoke the power. (3) P’s bankruptcy revokes the power so far as it relates to P’s property and affairs. (4) The occurrence in relation to a donee of an event mentioned in subsection (5) — ( a ) terminates the donee’s appointment; and ( b ) except in the cases given in subsection (6), revokes the power. (5) The events are — ( a ) the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made under this Act; ( b ) subject to subsection (7), the death or bankruptcy of the donee or, if the donee is a person other than an individual, its liquidation, winding up, dissolution or being under judicial management; ( c ) subject to subsection (8), the dissolution or annulment of a marriage between the donor and the donee; ( d ) the lack of capacity of the donee. (6) The cases mentioned in subsection (4)( b ) are — ( a ) the donee is replaced under the terms of the instrument; ( b ) the donee is one of 2 or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee. (7) The bankruptcy of a donee does not terminate the donee’s appointment, or revoke the power, insofar as the donee’s authority relates to P’s personal welfare. (8) The dissolution or annulment of a marriage between the donor and the donee does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so. (9) A donor who revokes a lasting power of attorney must notify all the following persons that the donor has done so: ( a ) the Public Guardian; ( b ) the donee or (if there is more than one donee) every donee. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s15A
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 15A
title: Rectification by Public Guardian
content:
15A. —(1) The donor or donee (or if there is more than one donee, any of them) of a non-electronic lasting power of attorney may, at any time after the date an electronic copy of it is treated as being free from any relevant error and as the lasting power of attorney under section 11(12), give a notice to the Public Guardian of any relevant error in the electronic copy. (2) The Public Guardian may, upon receipt of any notice mentioned in subsection (1) or on the Public Guardian’s own initiative, rectify a relevant error in an electronic copy of a non-electronic lasting power of attorney. (3) The Public Guardian must give a written notice of any rectification under subsection (2) to the donor and the donee or (if there is more than one donee) every donee of the non-electronic lasting power of attorney. (4) The Public Guardian must maintain a record of every rectification made under subsection (2). (5) In this section — “electronic copy”, in relation to a non-electronic lasting power of attorney, means an electronic copy of the lasting power of attorney caused to be made and kept in the electronic transaction system by the Public Guardian; “relevant error”, in relation to an electronic copy of a non-electronic lasting power of attorney, means any disparity or inconsistency between the electronic copy and the lasting power of attorney that is registered by the Public Guardian. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s16
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 16
title:
Protection of donees and others if lasting power of attorney not validly created, revoked or suspended, etc.

content:
16. —(1) This section applies where — ( a ) an instrument purporting to create a lasting power of attorney has been registered under the First Schedule, but a lasting power of attorney was not validly created, whether or not the registration is cancelled at the time of the act or transaction in question; or ( b ) a lasting power of attorney, or a power under a lasting power of attorney, is revoked or suspended. [10/2016] (2) A donee who does an act that would have been within the scope of the lasting power of attorney without knowing of the non‑existence, revocation or suspension of the lasting power of attorney or the power under the lasting power of attorney does not incur any liability to P or any other person, despite the non‑existence, revocation or suspension. [10/2016] (3) If a lasting power of attorney or a power under a lasting power of attorney is non‑existent, revoked or suspended, a person (called in this section a third party) who deals or otherwise transacts in good faith with the donee, without knowing of the non‑existence, revocation or suspension, is entitled to rely on the lasting power of attorney or the power under the lasting power of attorney in relation to that dealing or transaction in the same manner and to the same extent as if the lasting power of attorney or the power under the lasting power of attorney exists or had not been revoked or suspended. [10/2016] (4) It is conclusively presumed in favour of a purchaser from a third party who dealt or otherwise transacted with a donee that the dealing or transaction was valid if — ( a ) the dealing or transaction was completed within 12 months after the date on which the instrument intending to create a lasting power of attorney was registered; or ( b ) the third party makes a statutory declaration, before, on or within 3 months after, the completion of the purchase by the purchaser, that the third party had no reason at the time of the dealing or transaction with the donee to doubt the donee’s authority to deal or transact. [10/2016] (5) In subsection (4), “purchaser” means a person claiming through the third party and who acquires the property in good faith and for valuable consideration. [10/2016] (6) For the purposes of this section, knowledge that a lasting power of attorney or a power under a lasting power of attorney does not exist or has been revoked or suspended includes knowledge of the happening of any event — ( a ) which prevents the lasting power of attorney from being created; or ( b ) which has the effect of revoking or suspending the lasting power of attorney or the power under the lasting power of attorney. [10/2016] (7) In this section, where 2 or more donees are appointed under a lasting power of attorney, a reference to the donee is a reference to all or any of the donees. [10/2016] (8) This section applies only to acts and transactions made on or after 30 June 2016, whether the lasting power of attorney or the power under the lasting power of attorney is created or purported to be created, or revoked or suspended, before, on or after that date. [10/2016]


document_id: mca-2008
provision_ref: s16A
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 16A
title: Protection of donees and others if electronic copy of lasting power of attorney has relevant error
content:
16A. —(1) If an electronic copy of a non-electronic lasting power of attorney has a relevant error, a donee of the lasting power of attorney who does an act in reliance on the electronic copy without knowing of the relevant error does not incur any liability to P or to any other person, by reason only of the relevant error. (2) If an electronic copy of a non-electronic lasting power of attorney has a relevant error, a person who deals or otherwise transacts in good faith with the donee without knowing of the relevant error is entitled to rely on the electronic copy in relation to that dealing or transaction. (3) In this section, where 2 or more donees are appointed under a non-electronic lasting power of attorney, a reference to the donee is a reference to all or any of the donees. (4) In this section — “electronic copy”, in relation to a non-electronic lasting power of attorney, means — ( a ) an electronic copy of the lasting power of attorney that is treated as being free from any relevant error and as the lasting power of attorney under section 11(12); or ( b ) where the electronic copy mentioned in paragraph ( a ) has been rectified by the Public Guardian under section 15A(2), the electronic copy so rectified; “relevant error”, in relation to an electronic copy of a non-electronic lasting power of attorney, means any disparity or inconsistency between the electronic copy and the lasting power of attorney that is registered by the Public Guardian. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s17
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 17
title: Powers of court in relation to validity of lasting powers of attorney
content:
17. —(1) This section and section 18 apply if — ( a ) a person (“P”) has executed or purported to execute an instrument with a view to creating a lasting power of attorney; or ( b ) an instrument has been registered as a lasting power of attorney conferred by P. (2) The court may determine any question relating to — ( a ) whether one or more of the requirements for the creation of a lasting power of attorney have been met; ( b ) whether the power has been revoked or has otherwise come to an end. (3) Subsection (4) applies if the court is satisfied — ( a ) that fraud or undue pressure was used to induce P — (i) to execute an instrument for the purpose of creating a lasting power of attorney; or (ii) to create a lasting power of attorney; ( b ) that the donee (or any of the donees, if more than one) of a lasting power of attorney — (i) is convicted, on or after 1 September 2018 (but not before the donee’s appointment under the lasting power of attorney), of an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; (ii) engages or has engaged in conduct that contravenes the donee’s authority, or that is not in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or (iii) proposes to engage in conduct that would contravene the donee’s authority, or that would not be in P’s best interests (whether or not the donee is acting under a lasting power of attorney); or ( c ) where the donee (or any of the donees, if more than one) of a lasting power of attorney is a professional donee, that — (i) the registration of the donee as a professional deputy is cancelled or the donee is no longer within a class of persons prescribed as qualified to be a professional donee; and (ii) P lacks capacity. [10/2016] (4) The court may — ( a ) direct that an instrument purporting to create the lasting power of attorney is not to be registered; ( b ) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney; or ( c ) in a case referred to in subsection (3)( c ), revoke the instrument or the lasting power of attorney so far as it relates to the donee whose registration as a professional deputy is cancelled or who is no longer within a class of persons prescribed as qualified to be a professional donee. [10/2016] (5) If there is more than one donee, the court may under subsection (4)( b ) revoke the instrument or the lasting power of attorney in respect of all or such of the matters to which the lasting power of attorney relates as the court thinks fit, so far as it relates to any of the donees. [10/2016] (6) The court may under subsection (4)( b ) or ( c ) revoke the instrument or the lasting power of attorney in respect of all or such of the matters to which the lasting power of attorney relates as the court thinks fit. [10/2016] (7) The court may make further orders or give directions as the court thinks necessary or expedient for giving effect to, or otherwise in connection with, the revocation of the instrument or the lasting power of attorney. [10/2016] (8) In this section, “donee” includes an intended donee.


document_id: mca-2008
provision_ref: s18
chapter: PART 4 - LASTING POWERS OF ATTORNEY
section: 18
title: Powers of court in relation to operation of lasting powers of attorney
content:
18. —(1) The court may determine any question as to the meaning or effect of a lasting power of attorney or an instrument purporting to create one. (2) The court may — ( a ) give directions with respect to decisions — (i) which the donee of a lasting power of attorney has authority to make; and (ii) which P lacks capacity to make; ( b ) give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it. (3) The court may, if P lacks capacity to do so — ( a ) give directions to the donee with respect to the rendering by the donee of reports or accounts and the production of records kept by the donee for that purpose; ( b ) require the donee to supply information or produce documents or things in the donee’s possession as donee; ( c ) give directions with respect to the remuneration or expenses of the donee; ( d ) relieve the donee wholly or partly from any liability which the donee has or may have incurred on account of a breach of the donee’s duties as donee. (4) The court may authorise the making of gifts which are not within section 14(3). (5) Where 2 or more donees are appointed under a lasting power of attorney, this section applies as if references to the donee were to all or any of them.


document_id: mca-2008
provision_ref: s19
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 19
title: Power to make declarations
content:
19. —(1) The court may make declarations as to — ( a ) whether a person has or lacks capacity to make a decision specified in the declaration; ( b ) whether a person has or lacks capacity to make decisions on the matters described in the declaration; ( c ) the lawfulness or otherwise of any act done, or yet to be done, in relation to that person. (2) In subsection (1)( c ), “act” includes an omission and a course of conduct.


document_id: mca-2008
provision_ref: s20
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 20
title: Powers to make decisions and appoint deputies: general
content:
20. —(1) This section applies if a person (“P”) lacks capacity in relation to a matter or matters concerning — ( a ) P’s personal welfare; or ( b ) P’s property and affairs. (2) The court may — ( a ) by making an order, make the decision or decisions on P’s behalf in relation to the matter or matters; or ( b ) appoint a person (called in this Act a deputy) to make decisions on P’s behalf in relation to the matter or matters. (3) The powers of the court under this section are subject to the provisions of this Act and, in particular, to sections 3 (principles) and 6 (best interests). (4) When deciding whether it is in P’s best interests to appoint a deputy, the court must have regard (in addition to the matters mentioned in section 6) to the principles that — ( a ) a decision by the court is to be preferred to the appointment of a deputy to make a decision; and ( b ) the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances. (5) Subject to section 25 (restrictions on deputies), the court may make such further orders or give such directions, and confer on a deputy such powers or impose on the deputy such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with, an order or appointment made by it under subsection (2). (6) Without affecting section 6, the court may make the order, give the directions or make the appointment on such terms as it considers are in P’s best interests, even though no application is before the court for an order, directions or an appointment on those terms. (7) An order of the court may be varied or discharged by a subsequent order. (8) The court may, in particular, revoke the appointment of a deputy or vary the powers conferred on the deputy if it is satisfied that — ( a ) the deputy is convicted, on or after 1 September 2018 (but not before the deputy’s appointment by the court), of an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; ( b ) the deputy engages or has engaged in conduct that contravenes the deputy’s authority conferred by the court, or that is not in P’s best interests (whether or not the deputy is acting under a court order); ( c ) the deputy proposes to engage in conduct that would contravene the deputy’s authority conferred by the court, or that would not be in P’s best interests (whether or not the deputy is acting under a court order); or ( d ) where the deputy is a professional deputy, the registration of the deputy as a professional deputy is cancelled. [10/2016]


document_id: mca-2008
provision_ref: s21
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 21
title: Powers to make decisions and appoint deputies: minors
content:
21. —(1) Subject to subsection (2), the powers under section 20 as respects any matter may be exercised even though P has not attained the age of 21 years, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when P attains the age of 21 years. (2) When deciding whether it is in P’s best interests to appoint a deputy to make decisions on P’s behalf, the court must have regard (in addition to the matters mentioned in section 20) to the principle that an appointment of the parents or guardian of P as deputy is to be preferred to the appointment of any other person as deputy.


document_id: mca-2008
provision_ref: s22
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 22
title: Section 20 powers: personal welfare
content:
22. —(1) The powers under section 20 as respects P’s personal welfare include — ( a ) deciding where P is to live; ( b ) deciding what contact (if any) P is to have with any specified person; ( c ) making an order prohibiting a named person from having contact with P; ( d ) subject to subsection (3), giving or refusing consent to the carrying out or continuation of a treatment (including the conduct of a clinical trial) by a person providing health care for P; ( e ) giving, refusing or revoking of appropriate consent involving P under the Human Biomedical Research Act 2015; and ( f ) giving a direction that a person responsible for P’s health care allow a different person to take over that responsibility. [29/2015] (2) Subsection (1) — ( a ) is subject to section 25 (restrictions on deputies); and ( b ) does not affect any other order or decision which may be made by the court or deputy under any other written law. (3) Nothing in subsection (1)( d ) affects the operation of the Advance Medical Directive Act 1996.


document_id: mca-2008
provision_ref: s23
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 23
title: Section 20 powers: property and affairs
content:
23. —(1) Subject to this section, the powers under section 20 as respects P’s property and affairs include — ( a ) the control and management of P’s property; ( b ) the sale, exchange, charging, gift or other disposition of P’s property; ( c ) the acquisition of property in P’s name or on P’s behalf; ( d ) the carrying on, on P’s behalf, of any profession, trade or business; ( e ) the taking of a decision which will have the effect of dissolving a partnership of which P is a member; ( f ) the carrying out of any contract entered into by P; ( g ) the discharge of P’s debts and of any of P’s obligations, whether legally enforceable or not; ( h ) the settlement of any of P’s property by way of trust, whether for P’s benefit or for the benefit of others; ( i ) the making, on P’s behalf, of any nomination under section 132(2) or 133(2) of the Insurance Act 1966; ( j ) where any nomination under section 132(2) or 133(2) of the Insurance Act 1966 has been made by P or on P’s behalf, the revoking, on P’s behalf, of that nomination under section 132(7) or 133(4) (as the case may be) of that Act; ( k ) the execution for P of a will; ( l ) the executing under section 15(6A) or 25(1) of the Central Provident Fund Act 1953, on P’s behalf, of any memorandum under section 25(1) of that Act; ( m ) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, the revoking, on P’s behalf, of that memorandum or nomination, as the case may be; ( n ) the maintenance, education, benefit and advancement of P’s spouse, P’s parent, a child of P below 21 years of age or an intellectually disabled child of P; ( o ) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee under a trust; ( p ) the conduct of legal proceedings in P’s name or on P’s behalf. (2) Without affecting section 20(3), the court, in making an order for the disposition or settlement of P’s property under subsection (1)( b ) or ( h ), must have regard to the principle in section 6(7). (3) No will may be made under subsection (1)( k ) at a time when P has not attained the age of 21 years. (4) The provisions of the Second Schedule supplement the provisions of this section. (5) Section 20(7) is subject to paragraph 6 of the Second Schedule. (6) Subsection (1) is subject to section 25 (restrictions on deputies).


document_id: mca-2008
provision_ref: s24
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 24
title: Appointment of deputies
content:
24. —(1) A deputy appointed by the court must be — ( a ) where the appointment confers powers relating only to P’s property and affairs — (i) an individual who has attained the age of 21 years and provides to P the services of a deputy without remuneration; (ii) an individual who is a professional deputy and is not related to P by blood or marriage; or (iii) a professional deputy who is not an individual; and ( b ) in any other case — (i) an individual who has attained the age of 21 years and provides to P the services of a deputy without remuneration; or (ii) an individual who is a professional deputy and is not related to P by blood or marriage. [10/2016] (2) The court may appoint an individual as a deputy by appointing the holder for the time being of a specified office or position. (3) A person may not be appointed as a deputy without the person’s consent. (4) The court may appoint 2 or more deputies to act — ( a ) jointly; ( b ) jointly and severally; or ( c ) jointly in respect of some matters and jointly and severally in respect of others. (5) When appointing a deputy, the court may at the same time appoint one or more other persons to succeed the deputy (each called in this Act a successor deputy) — ( a ) in such circumstances, or on the happening of such events, as may be specified by the court; and ( b ) for such period as may be specified by the court. (6) In the case of an application to which section 21 applies, the court is to have regard to the wishes of the parents or guardian of P on the choice of the successor deputy. (7) A deputy is to be treated as P’s agent in relation to anything done or decided by the deputy within the scope of the deputy’s appointment and in accordance with this Part. (8) A deputy under subsection (1)( a )(i) or ( b )(i) is entitled to be reimbursed out of P’s property for the deputy’s reasonable expenses in discharging the deputy’s functions, but is not entitled to remuneration. [10/2016] (9) A deputy under subsection (1)( a )(ii) or (iii) or ( b )(ii) is entitled — ( a ) to be reimbursed out of P’s property for the deputy’s reasonable expenses in discharging the deputy’s functions; and ( b ) to such remuneration, as the court determines, out of P’s property for discharging the deputy’s functions. [10/2016] (10) The court may confer on a deputy powers to — ( a ) take possession or control of all or any specified part of P’s property; ( b ) exercise all or any specified powers in respect of it, including such powers of investment as the court may determine. (11) The court may require a deputy — ( a ) to give to the Public Guardian such security as the court thinks fit for the due discharge of the deputy’s functions; and ( b ) to submit to the Public Guardian such reports at such times or at such intervals as the court may direct.


document_id: mca-2008
provision_ref: s25
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 25
title: Restrictions on deputies
content:
25. —(1) A deputy does not have power to make a decision on behalf of P in relation to a matter if the deputy knows or has reasonable grounds for believing that P has capacity in relation to the matter. (2) Nothing in section 20(5) or 22 permits a deputy to be given power — ( a ) to prohibit a named person from having contact with P; or ( b ) to direct a person responsible for P’s health care to allow a different person to take over that responsibility. (3) A deputy may not be given powers with respect to — ( a ) the disposition of P’s property by making gifts; ( b ) the making, on P’s behalf, of any nomination under section 132(2) or 133(2) of the Insurance Act 1966; ( c ) where any nomination under section 132(2) or 133(2) of the Insurance Act 1966 has been made by P or by the court on P’s behalf, the revoking, on P’s behalf, of that nomination under section 132(7) or 133(4) (as the case may be) of that Act; ( d ) the execution for P of a will; ( e ) the executing under section 15(6A) or 25(1) of the Central Provident Fund Act 1953, on P’s behalf, of any memorandum under section 25(1) of that Act; ( f ) where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by P or by the court on P’s behalf, the revoking, on P’s behalf, of that memorandum or nomination, as the case may be; or ( g ) the carrying out or continuation of — (i) life-sustaining treatment on P, whether or not amounting to extraordinary life-sustaining treatment within the meaning of section 2 of the Advance Medical Directive Act 1996; or (ii) any other treatment on P which a person providing health care reasonably believes is necessary to prevent a serious deterioration in P’s condition. (4) A deputy may not be given power to make a decision on behalf of P which is inconsistent with a decision made by the donee of a lasting power of attorney granted by P (or, if there is more than one donee, by any of them) that is within the scope of the donee’s authority and in accordance with this Act. (5) The authority conferred on a deputy is subject to the provisions of this Act and, in particular, sections 3 (principles) and 6 (best interests). (6) A deputy may not do an act that is intended to restrain P unless 4 conditions are satisfied. (7) The first condition is that, in doing the act, the deputy is acting within the scope of an authority expressly conferred on the deputy by the court. (8) The second condition is that P lacks, or the deputy reasonably believes that P lacks, capacity in relation to the matter in question. (9) The third condition is that the deputy reasonably believes that it is necessary to do the act in order to prevent harm to P. (10) The fourth condition is that the act is a proportionate response to — ( a ) the likelihood of P’s suffering harm; or ( b ) the seriousness of that harm. (11) For the purposes of this section, a deputy restrains P if the deputy — ( a ) uses, or threatens to use, force to secure the doing of an act which P resists; or ( b ) restricts P’s liberty of movement, whether or not P resists, or if the deputy authorises another person to do any of those things.


document_id: mca-2008
provision_ref: s25A
chapter: PART 5 - GENERAL POWERS OF COURT AND APPOINTMENT OF DEPUTIES
section: 25A
title: Professional deputies
content:
25A. —(1) Any person who intends to offer and provide the services of a deputy for remuneration must register with the Public Guardian as a professional deputy. [10/2016] (2) The Public Guardian may register a person as a professional deputy upon being satisfied that the person meets all the prescribed criteria. [10/2016] (3) A professional deputy’s registration under this section may be subject to such terms and conditions as the Public Guardian may specify. [10/2016] (4) The Public Guardian may cancel the registration of a professional deputy at the professional deputy’s request or upon the occurrence of any prescribed event. [10/2016] (5) Before cancelling a professional deputy’s registration upon the occurrence of any prescribed event, the Public Guardian must give the professional deputy written notice of the intention to cancel the registration. [10/2016] (6) The professional deputy may make representations to the Public Guardian within the prescribed period after receiving the notice in subsection (5). [10/2016] (7) The Public Guardian must consider any representations made by the professional deputy under subsection (6) before making a decision. [10/2016] (8) The Public Guardian must inform the professional deputy in writing of the decision within the prescribed period after the end of the period in subsection (6) for making representations. [10/2016] (9) Any person who is aggrieved by the Public Guardian’s refusal to register the person as a professional deputy or cancellation of the person’s registration as a professional deputy may within the prescribed period appeal to the Minister, whose decision is final. [10/2016] (10) Where a person’s registration as a professional deputy is cancelled, the Public Guardian must within the prescribed period inform all the following persons of the cancellation: ( a ) where the person has been appointed as a donee in any lasting power of attorney, the donor of the lasting power of attorney; ( b ) the prescribed person or persons, if any. [10/2016]


document_id: mca-2008
provision_ref: s26
chapter: PART 6 - EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
section: 26
title: Excluded decisions
content:
26. Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person: ( a ) consenting to marriage; ( b ) consenting to touching of a sexual nature; ( c ) consenting to a decree of divorce being granted on the basis of 3 years’ separation; ( d ) consenting or revoking consent to the making of an adoption order under the Adoption of Children Act 2022 or any corresponding previous written law; [Act 20 of 2022 wef 15/10/2024] ( e ) adopting or renouncing a religion; ( f ) receiving treatment for change of gender; ( g ) consenting or revoking consent to treatment for sexual sterilisation within the meaning of the Voluntary Sterilisation Act 1974; ( h ) consenting or revoking consent to treatment to terminate pregnancy; ( i ) registering or withdrawing an objection under section 8 of the Human Organ Transplant Act 1987 in respect of removal of an organ from the person upon his death; ( j ) making or revoking an advance medical directive under section 3 or 7 of the Advance Medical Directive Act 1996; ( k ) making or revoking a gift of a body or any part thereof under section 3 or 9 of the Medical (Therapy, Education and Research) Act 1972; ( l ) such other matter as may be prescribed.


document_id: mca-2008
provision_ref: s27
chapter: PART 6 - EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
section: 27
title: Mental Health (Care and Treatment) Act 2008 matters
content:
27. —(1) Nothing in this Act authorises anyone — ( a ) to give a patient medical treatment for mental disorder; or ( b ) to consent to a patient’s being given medical treatment for mental disorder, if, at the time when it is proposed to treat the patient, his or her treatment is regulated by the Mental Health (Care and Treatment) Act 2008. (2) In this section, “treatment” and “mental disorder” have the meanings given by the Mental Health (Care and Treatment) Act 2008.


document_id: mca-2008
provision_ref: s28
chapter: PART 6 - EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
section: 28
title: Voting rights
content:
28. Nothing in this Act permits a decision on voting at an election for any public office, or at a national referendum, to be made on behalf of a person.


document_id: mca-2008
provision_ref: s29
chapter: PART 6 - EXCLUDED DECISIONS AND DECLARATORY PROVISIONS
section: 29
title: Scope of Act
content:
29. —(1) To avoid doubt, it is declared that nothing in this Act is to be taken to affect the law relating to murder, culpable homicide not amounting to murder or abetment of suicide. [29/2015] (2) To avoid doubt, it is declared that nothing in this Act is to be taken to affect the giving, refusing or revoking of consent on behalf of a person who lacks mental capacity by a person who is expressly authorised to do so under — ( a ) the Human Biomedical Research Act 2015; or ( b ) any written law relating to a clinical trial. [29/2015]


document_id: mca-2008
provision_ref: s30
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 30
title: Public Guardian
content:
30. —(1) For the purposes of this Act, there is to be an officer known as the Public Guardian to be appointed by the Minister. (1A) The Minister may appoint any number of Assistant Public Guardians that the Minister thinks necessary to assist the Public Guardian in the proper discharge of the Public Guardian’s functions. [10/2016] (1B) An Assistant Public Guardian may exercise all the powers of the Public Guardian, except the powers exercisable under subsections (3) and (4). [10/2016] (2) If the Public Guardian is temporarily absent from Singapore or temporarily incapacitated by reason of illness or for any reason temporarily unable to perform his or her duties, the Minister may appoint an Assistant Public Guardian or any other person to act in the place of the Public Guardian during any such period of absence from duty. [10/2016] (3) The Public Guardian may in writing appoint any public officer as an authorised officer for the purposes of this Act. (4) The Public Guardian may delegate to any authorised officer all or any of the functions or powers conferred on the Public Guardian by this Act except the powers conferred by this subsection. (5) The Public Guardian may disclose information obtained in connection with the administration or execution of this Act to any authorised officer if this is necessary to enable the authorised officer to perform his or her official duties under this Act. (6) An authorised officer to whom information under subsection (5) is disclosed may only disclose or use the information to the extent necessary for performing his or her official duties under this Act, but not otherwise. (7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. (8) Subsections (5) and (6) do not affect any right of disclosure under this Act or any other written law or rule of law. (9) The Public Guardian and every Assistant Public Guardian are deemed to be public servants for the purposes of the Penal Code 1871. [10/2016]


document_id: mca-2008
provision_ref: s31
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 31
title: Functions of Public Guardian
content:
31. —(1) The Public Guardian has the following functions: ( a ) establishing and maintaining a register of lasting powers of attorney; ( b ) establishing and maintaining a register of orders appointing deputies; ( ba ) establishing and maintaining a register of professional deputies; ( c ) supervising deputies appointed by the court; ( d ) directing a member of the Board of Visitors to visit — (i) a donee of a lasting power of attorney; (ii) a deputy appointed by the court; or (iii) the person granting the lasting power of attorney or for whom the deputy is appointed (“P”), and to make a report to the Public Guardian on such matters as the Public Guardian may direct; ( e ) receiving security which the court requires a person to give for the discharge of the person’s functions; ( f ) receiving reports from donees of lasting powers of attorney and deputies appointed by the court; ( g ) reporting to the court on such matters relating to proceedings under this Act as the court requires; ( h ) dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising the donee’s or the deputy’s powers; ( i ) dealing with representations (including complaints) about any act purportedly carried out under section 10; ( j ) investigating any contravention or alleged contravention of any provision of this Act; ( k ) publishing, in any manner the Public Guardian thinks appropriate, any information he or she thinks appropriate about the discharge of his or her functions; [10/2016] [Act 16 of 2021 wef 14/11/2022] ( l ) establishing and maintaining the electronic transaction system. [Act 16 of 2021 wef 14/11/2022] (2) The functions conferred by subsection (1)( c ), ( h ) and ( i ) may be discharged in cooperation with any other person who has functions relating to the care or treatment or the property and affairs of P. (3) The Minister may, by regulations, make provision — ( a ) conferring on the Public Guardian other functions in connection with this Act; ( b ) in connection with the discharge by the Public Guardian of his or her functions. (4) Regulations made under subsection (3)( b ) may in particular make provision as to — ( a ) the giving of security by deputies appointed by the court and the enforcement and discharge of security so given; ( b ) the fees which the Public Guardian may charge; ( c ) the way in which, and funds from which, such fees are to be paid; ( d ) exemptions from and reductions in such fees; ( e ) remission of such fees in whole or in part; and ( f ) the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity.


document_id: mca-2008
provision_ref: s31A
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 31A
title: Public Guardian may interview donor
content:
31A. —(1) If on receiving an application to register an instrument purporting to create a lasting power of attorney, the Public Guardian has reasonable cause to suspect that fraud or undue pressure was used to induce a person (“P”) to — ( a ) execute the instrument; or ( b ) execute the instrument to appoint a particular person as P’s donee, the Public Guardian or an authorised officer mentioned in section 30(3) may require P to appear before the Public Guardian or the authorised officer (as the case may be) at any reasonable time and at any convenient place. (2) The Public Guardian or authorised officer may interview P to ascertain whether any fraud or undue pressure was used to induce P to do either of the acts mentioned in subsection (1)( a ) or ( b ). (3) Where the Public Guardian has reason to suspect that fraud or undue pressure has been used to induce P to execute an instrument to appoint a particular person as P’s donee, the Public Guardian may disclose to P the following information: ( a ) the number of lasting powers of attorney under which that person is appointed as donee; ( b ) the number of applications pending for the registration of an instrument that appoints that person as a donee under the instrument. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s32
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 32
title: Powers of investigation by Public Guardian
content:
32. —(1) The Public Guardian may, for the purpose of discharging his or her functions under this Act — ( a ) require any person who has any information which relates or is reasonably believed to relate to a person who lacks capacity to provide the Public Guardian with the information; ( b ) require any person who has in the person’s custody or under the person’s control any document which relates or is reasonably believed to relate to a person who lacks capacity — (i) to provide the Public Guardian with a copy of or an extract from the document; or (ii) unless the document forms part of the records or other documents of a public authority or any court of competent jurisdiction, to provide the Public Guardian with the document itself for his or her inspection; or ( c ) require any person mentioned in paragraph ( a ) or ( b ) to attend at a specified time and place to provide such information orally or in writing, or such documents or copies or extracts thereof, as the case may be. (2) The Public Guardian is entitled without payment to keep any copy or extract provided under subsection (1). (3) Where a document provided for inspection under subsection (1)( b )(ii) is not held by any person entitled to the custody of the document, the Public Guardian may keep it or deliver it to any other person who may be entitled to the custody of the document. (4) The Public Guardian has at all times full and free access to all buildings, places, books, papers and electronic computing or storage devices for the purpose of discharging his or her functions under this Act, and may, without payment, inspect, copy or make extracts from any such books, papers or electronic computing or storage devices. (5) The Public Guardian may take possession of any book, paper or electronic computing or storage device mentioned in subsection (4), and remove it from any building or place, where in his or her opinion — ( a ) the inspection, copying thereof or extraction therefrom cannot reasonably be performed without taking possession; ( b ) the book, paper or electronic computing or storage device may be interfered with or destroyed unless possession thereof is taken; or ( c ) the book, paper or electronic computing or storage device may be required as evidence in proceedings for an offence under this Act. (6) Any person who fails to comply with any requirement specified under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction. (7) If a person is charged with an offence for failing to comply with any requirement specified under subsection (1), it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement. (8) Any person who — ( a ) knowingly or recklessly provides to the Public Guardian or an authorised officer any information or document which is false or misleading in a material particular; or ( b ) wilfully alters, suppresses, conceals or destroys any document or any part of such document which the person is or may be required to provide under this Act, 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. (9) Nothing in this section — ( a ) compels a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him or her in that capacity; or ( b ) authorises the taking of any such document or other material which is in his or her possession. (10) Subject to subsection (11), the Public Guardian may disclose to another public officer any information received by him or her under or for the purposes of this Act, where the disclosure is made for any purpose — ( a ) connected with the discharge of the functions of the Public Guardian; and ( b ) of enabling or assisting that other public officer to discharge any of his or her functions. (11) Where any information disclosed to the Public Guardian under this Act is so disclosed subject to any express restriction on the disclosure of the information by the Public Guardian, the Public Guardian’s power of disclosure under subsection (10) is, in relation to the information, exercisable by the Public Guardian subject to any such restriction.


document_id: mca-2008
provision_ref: s32A
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 32A
title: Evidence of transaction with Public Guardian
content:
32A. —(1) Despite any other written law or rule of law, any document prepared by the Public Guardian that — ( a ) consists of information reproduced or extracted from any original document; and ( b ) contains a statement by the Public Guardian that the information is a true reproduction or extract of the original document, is in any proceedings admissible in evidence in place of and to the same extent as the original document, unless evidence to the contrary is adduced. (2) A copy of an instrument certified by the Public Guardian under paragraph 11 of the First Schedule to be a true copy of the original instrument registered to create a lasting power of attorney is — ( a ) evidence of the contents of the original instrument on the date and time specified on that copy; and ( b ) evidence of the registration of the instrument by the Public Guardian on the date and time specified on that copy. (3) In this section, “original document” means a document that is filed or lodged with, submitted to, or issued by, the Public Guardian. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s33
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 33
title: Appointment of auditors
content:
33. —(1) Without affecting the Public Guardian’s functions and powers under this Act, the Public Guardian may appoint in writing an auditor to assist the Public Guardian in examining, either generally or in relation to any particular matter — ( a ) any report of a donee of a lasting power of attorney or of a deputy appointed by the court; and ( b ) any book, document, electronic computing or storage device or information obtained or received by the Public Guardian in the discharge or exercise of the Public Guardian’s functions or powers under this Act. [10/2016] (2) A person is not qualified for appointment as an auditor under subsection (1) unless the person is a public accountant who is registered or deemed to be registered under the Accountants Act 2004. [10/2016] (3) For the purposes of this section, the Public Guardian may disclose to an auditor appointed under subsection (1) any book, document, electronic computing or storage device or information obtained or received by the Public Guardian under this Act, where the disclosure is necessary to enable the auditor to carry out an examination under subsection (1). [10/2016] (4) The auditor must, upon completion of the examination under subsection (1), submit a report to the Public Guardian. [10/2016]


document_id: mca-2008
provision_ref: s33A
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 33A
title: Rectification or updating on Public Guardian’s initiative
content:
33A. —(1) The Public Guardian may rectify or update any particulars or document in a register kept by the Public Guardian, if the Public Guardian is satisfied that — ( a ) there is an error or a defect in the particulars or document arising from any grammatical, typographical or similar mistake; or ( b ) there is evidence of a conflict between the particulars of a person and — (i) any other information in the register relating to that person; or (ii) any other information relating to that person obtained from any Singapore public sector agency that may be prescribed. (2) Before the Public Guardian rectifies or updates a register under subsection (1), the Public Guardian must, except under prescribed circumstances, give written notice to the person whose particulars or document is to be rectified or updated of the Public Guardian’s intention to do so, and state in the notice — ( a ) the reasons for and details of the proposed rectification or updating to be made to the register; and ( b ) the date by which any written objection to the proposed rectification or updating must be delivered to the Public Guardian, being a date at least 14 days (or any longer prescribed period) after the date of the notice. (3) The person notified under subsection (2) may deliver to the Public Guardian, not later than the date specified under subsection (2)( b ), a written objection to the proposed rectification or updating of the register. (4) The Public Guardian must not rectify or update the register if the Public Guardian receives a written objection under subsection (3) to the proposed rectification or updating of the register by the date specified under subsection (2)( b ), unless the Public Guardian is satisfied that the objection is frivolous or vexatious or has been withdrawn. (5) The Public Guardian may rectify or update the register if the Public Guardian does not receive a written objection under subsection (3) by the date specified under subsection (2)( b ). (6) The Public Guardian may include such notation as the Public Guardian thinks fit on a register for the purposes of providing information relating to any error or defect in any particulars or document in the register, and may remove such notation if the Public Guardian is satisfied that it no longer serves any useful purpose. (7) Despite anything in this section, the Public Guardian may, if the Public Guardian is satisfied that there is any error or defect in any particulars or document in a register, by written notice, request that the person to which the particulars or document relates take such steps within such time as the Public Guardian may specify to ensure that the error or defect is rectified. (8) In this section — “document” does not include a lasting power of attorney; “register” means — ( a ) a register of lasting powers of attorney; ( b ) a register of orders appointing deputies; or ( c ) a register of professional deputies. [Act 16 of 2021 wef 01/04/2023]


document_id: mca-2008
provision_ref: s34
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 34
title: Protection from personal liability
content:
34. No liability shall lie personally against any of the following individuals who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act: ( a ) the Public Guardian, any Assistant Public Guardian, any authorised officer or any person acting under the direction of the Public Guardian or an Assistant Public Guardian; ( b ) any member of the Board of Visitors; ( c ) any auditor appointed under section 33. [10/2016]


document_id: mca-2008
provision_ref: s35
chapter: PART 7 - PUBLIC GUARDIAN AND BOARD OF VISITORS
section: 35
title: Board of Visitors
content:
35. —(1) The Minister may appoint persons to be members of a Board of Visitors. [Act 5 of 2025 wef 09/03/2025] (1A) An appointment under subsection (1) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (2) The Board of Visitors consists of — ( a ) Special Visitors; and ( b ) General Visitors. (3) A person is not qualified to be a Special Visitor unless he or she — ( a ) is a registered medical practitioner or appears to the Minister to have other suitable qualifications or training; and ( b ) appears to the Minister to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain. (4) A General Visitor need not have a medical qualification. (5) A member of the Board of Visitors — ( a ) may be appointed for such term and subject to such conditions; and ( b ) may be paid such remuneration and allowances, as the Minister may determine. (6) For the purpose of carrying out his or her functions under this Act in relation to a person who lacks capacity (“P”), a member of the Board of Visitors may, at all reasonable times, examine and take copies of — ( a ) any health record; and ( b ) any record held by any person and compiled in connection with a social services function, so far as the record relates to P. (7) A member of the Board of Visitors may also for that purpose interview P in private.


document_id: mca-2008
provision_ref: s36
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 36
title: Interim orders and directions
content:
36. The court may, pending the determination of an application to it in relation to a person (“P”), make an order or give directions in respect of any matter if — ( a ) there is reason to believe that P lacks capacity in relation to the matter; ( b ) the matter is one to which its powers under this Act extend; and ( c ) it is in P’s best interests to make the order, or give the directions, without delay.


document_id: mca-2008
provision_ref: s36A
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 36A
title: Orders of suspension
content:
36A. —(1) Despite section 36, on the application of a person mentioned in subsection (2), the court may make an order to suspend, for such period as the court thinks fit, all or any of the powers of P’s donee or deputy (called in this section an order of suspension) even where no application has been made to the court in relation to P. [10/2016] (2) The following persons may apply to the court for an order of suspension: ( a ) the Public Guardian; ( b ) a person mentioned in section 38(1)( a ), ( b ) or ( c ); ( c ) any other person, but only with the permission of the court. [10/2016] (3) The court may make an order of suspension under subsection (1) if the court has reason to believe that — ( a ) P lacks capacity; ( b ) the donee or deputy — (i) is charged on or after 30 June 2016 (but not before the donee’s or deputy’s appointment under the lasting power of attorney or by the court, as the case may be) with an offence (whenever committed) of criminal misappropriation, criminal breach of trust, cheating, theft or extortion or any other offence involving fraud or dishonesty, whether as against P or another person; or (ii) engages, proposes to engage or has engaged (whether before, on or after 30 June 2016) in conduct that — (A) affects the suitability of the donee or deputy concerned to act as a donee or deputy; or (B) compromises P’s best interests in relation to P’s personal welfare or P’s property and affairs, whether or not the donee or deputy concerned is acting under a lasting power of attorney or court order, as the case may be; and ( c ) there is a risk of dissipation of P’s property by the donee or deputy concerned if the order of suspension is not made. [10/2016] (4) The court may make further orders or give directions as the court thinks necessary or expedient for giving effect to, or otherwise in connection with, an order of suspension. [10/2016] (5) An order of suspension may be varied or discharged by a subsequent order. [10/2016] (6) In this section, “P” means the person who lacks capacity and — ( a ) before lacking capacity, has conferred a lasting power of attorney on one or more donees; or ( b ) in respect of whom the court has appointed one or more deputies. [10/2016] (7) In this section — ( a ) where 2 or more donees are appointed under a lasting power of attorney, a reference to the donee is a reference to all or any of the donees; and ( b ) where 2 or more deputies are appointed by the court for P, a reference to the deputy is a reference to all or any of the deputies. [10/2016]


document_id: mca-2008
provision_ref: s37
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 37
title: Power to call for reports
content:
37. —(1) This section applies where, in proceedings brought in respect of a person (“P”), the court is considering a question relating to P. (2) The court may require a report to be made to it by the Public Guardian or a member of the Board of Visitors. (3) The court may require any person to arrange for a report to be made by one of its officers or employees. (4) The report must deal with such matters relating to P as the court may direct. (5) The Family Justice Rules may specify matters which, unless the court directs otherwise, must also be dealt with in the report. [27/2014] (6) The report may be made in writing or orally as the court may direct. (7) In complying with a requirement, the Public Guardian or a member of the Board of Visitors may, at all reasonable times, examine and take copies of — ( a ) any health record; and ( b ) any record held by any person and compiled in connection with a social services function, so far as the record relates to P. (8) If the Public Guardian or a member of the Board of Visitors is making a visit in the course of complying with a requirement, he or she may interview P in private. (9) If a member of the Board of Visitors who is a Special Visitor is making a visit in the course of complying with a requirement, he or she may if the court so directs carry out in private a medical, psychiatric or psychological examination of P’s capacity and condition.


document_id: mca-2008
provision_ref: s38
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 38
title: Applications to court
content:
38. —(1) No permission is required for an application to the court for the exercise of any of its powers under this Act — ( a ) by a person who lacks, or is alleged to lack, capacity and, if such a person has not attained the age of 21 years, by anyone with parental rights with respect to the person; ( b ) by the donor or a donee of a lasting power of attorney to which the application relates; ( c ) by a deputy appointed by the court for a person to whom the application relates; ( d ) by a person named in an existing order of the court, if the application relates to the order; or ( e ) by the Public Guardian where it appears to him or her that — (i) a person lacks capacity; (ii) no application has been made or is likely to be made for an order under this Act; and (iii) an order under this Act is necessary for the protection of the personal welfare, property or affairs of the person. (2) Subject to the Family Justice Rules, permission is required for any other application to the court. [27/2014] (3) In deciding whether to grant permission the court is to, in particular, have regard to — ( a ) the applicant’s connection with the person to whom the application relates; ( b ) the reasons for the application; ( c ) the benefit to the person to whom the application relates of the proposed order or directions; and ( d ) whether the benefit can be achieved in any other way.


document_id: mca-2008
provision_ref: s39
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 39
title: Family Justice Rules
content:
39. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice to be followed in respect of proceedings under this Act; and ( b ) to provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings. [27/2014] (2) Without limiting subsection (1), the Family Justice Rules may make provision — ( a ) as to the manner and form in which proceedings are to be commenced; ( b ) as to the persons entitled to be notified of, and be made parties to, the proceedings; ( c ) for enabling the court to appoint a suitable person to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate; ( d ) for enabling an application to the court to be disposed of without a hearing; ( e ) for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate; ( f ) for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public; ( g ) as to what may be received as evidence (whether or not admissible apart from the Family Justice Rules) and the manner in which it is to be presented; ( h ) for the enforcement of orders made and directions given in the proceedings; ( i ) for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives; ( j ) as to the way in which, and funds from which, fees and costs are to be paid; ( k ) for charging fees and costs upon the estate of the person to whom the proceedings relate, if such charge does not cause any interest of the person in any property to fail or determine or to be prevented from recommencing; ( l ) for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings. [27/2014] (3) The Family Justice Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts. [27/2014]


document_id: mca-2008
provision_ref: s40
chapter: PART 8 - SUPPLEMENTARY POWERS, PRACTICE AND PROCEDURE OF COURT
section: 40
title: Costs
content:
40. —(1) Subject to the Family Justice Rules, the costs of and incidental to all proceedings in the court are in its discretion. [27/2014] (2) The court has full power to determine by whom and to what extent the costs are to be paid. (3) The court may, in any proceedings — ( a ) disallow; or ( b ) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with the Family Justice Rules. [27/2014] (4) In subsection (3) — “legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on the party’s behalf; “wasted costs” means any costs incurred by a party — ( a ) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or ( b ) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.


document_id: mca-2008
provision_ref: s41
chapter: PART 9 - MISCELLANEOUS
section: 41
title: Codes of practice
content:
41. —(1) The Minister may issue one or more codes of practice — ( a ) for the guidance of persons assessing whether a person has capacity in relation to any matter; ( b ) for the guidance of persons acting in connection with the care or treatment of another person; ( c ) for the guidance of donees of lasting powers of attorney; ( d ) for the guidance of deputies appointed by the court; and ( e ) with respect to such other matters concerned with this Act as the Minister thinks fit. (2) The Minister may publish any such code of practice, including any revocation, variation, revision or amendment thereto in such manner as the Minister thinks fit. (3) The Minister may revoke, vary, revise or amend the whole or any part of any code of practice issued under this section in such manner as the Minister thinks fit. (4) The Minister may delegate any power under this section so far as he or she considers expedient. (5) It is the duty of a person to have regard to any relevant code if the person is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways: ( a ) as the donee of a lasting power of attorney; ( b ) as a deputy appointed by the court; ( c ) in a professional capacity; ( d ) for remuneration. (6) If it appears to a court conducting any civil or criminal proceedings that — ( a ) a provision of a code of practice; or ( b ) a failure to comply with a code of practice, is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question. (7) To avoid doubt, any code of practice issued under this section is deemed not to be subsidiary legislation.


document_id: mca-2008
provision_ref: s42
chapter: PART 9 - MISCELLANEOUS
section: 42
title: Ill-treatment
content:
42. —(1) Subsection (2) applies if a person (“D”) — ( a ) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity; ( b ) is the donee of a lasting power of attorney created by P; or ( c ) is a deputy appointed by the court for P, and P is 16 years of age or above. (2) D shall be guilty of an offence if D ill-treats or causes, procures or knowingly permits P to be ill-treated by any other person. (3) For the purposes of this section, D ill-treats P if D — ( a ) subjects P to physical or sexual abuse; ( b ) wilfully or unreasonably does, or causes P to do, any act which endangers or is likely to endanger the safety of P or which causes or is likely to cause P — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to P’s health or development; or ( c ) wilfully or unreasonably neglects, abandons or exposes P with full intention of abandoning P or in circumstances that are likely to endanger the safety of P or to cause P — (i) any unnecessary physical pain, suffering or injury; (ii) any emotional injury; or (iii) any injury to P’s health or development. (4) For the purpose of subsection (3)( c ), D is deemed to have neglected P in circumstances likely to cause P unnecessary physical pain, suffering or injury or emotional injury or injury to P’s health or development if D wilfully or unreasonably neglects to provide adequate food, clothing, medical aid, lodging, care or other necessities of life for P. (5) D may be convicted of an offence under this section notwithstanding — ( a ) that any actual suffering or injury on the part of P or the likelihood of any suffering or injury on the part of P was obviated by the action of another person; or ( b ) the death of P. (6) Subject to subsection (7), any person who is guilty of an offence under this section shall be liable on conviction — ( a ) in the case where death is caused to P, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 14 years or to both; and ( b ) in any other case, to a fine not exceeding $8,000 or to imprisonment for a term not exceeding 8 years or to both. [15/2019] (7) The court may, in lieu of or in addition to any punishment specified in subsection (6), order the person guilty of an offence under this section to execute a bond, with or without sureties, as the court may determine, to be of good behaviour for such period as the court thinks fit, and may include in such bond a condition requiring the person to undergo such counselling, psychotherapy or other programme as may be specified therein. (8) If a person who is ordered to execute a bond of good behaviour under subsection (7) fails to comply with any of the conditions of the bond, the person shall — ( a ) if the bond is in lieu of a penalty under subsection (6), be liable to the penalty provided for in that subsection; or ( b ) if the bond is in addition to a penalty under subsection (6), be liable to a further fine not exceeding $20,000 or to a further term of imprisonment not exceeding 7 years or to both. (9) In this section, “court” means any court of competent jurisdiction.


document_id: mca-2008
provision_ref: s43
chapter: PART 9 - MISCELLANEOUS
section: 43
title: Information relating to persons who lack capacity
content:
43. —(1) Any person who knows or has reason to suspect that a person who lacks capacity is in need of care or protection may make a notification to the Public Guardian of the facts and circumstances on which the person’s knowledge or suspicion is based. (2) Any health care worker who makes a notification under subsection (1) — ( a ) may not, by virtue of doing so, be held in any proceedings before any court or tribunal or in any other respect to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and ( b ) insofar as he or she has acted in good faith, shall incur no civil or criminal liability in respect of the notification or the provision of any information contained in the notification. (3) In subsection (2), “health care worker” means any registered medical practitioner, dentist registered under the Dental Registration Act 1999, pharmacist registered under the Pharmacists Registration Act 2007, therapist, psychologist, social worker, counsellor, nurse, attendant or other person providing health care services. (4) Any person appearing as a witness in any proceedings in any court or tribunal or before a person authorised by law to hear evidence may not be compelled — ( a ) to disclose the identity of any person who has made a notification under subsection (1), or any information likely to lead to the disclosure of the identity of such a person; or ( b ) to produce any report or document which identifies, or is likely to identify, any person who has made a notification under subsection (1). (5) In this section, “court” means any court of competent jurisdiction.


document_id: mca-2008
provision_ref: s43A
chapter: PART 9 - MISCELLANEOUS
section: 43A
title: Notification of change of address
content:
43A. —(1) Subject to subsection (2), every donor and donee of a lasting power of attorney and every deputy appointed by the court must inform the Public Guardian in writing of — ( a ) where the donor, donee or deputy is an individual — any change in the place of residence of the donor, donee or deputy, as the case may be; and ( b ) where the donee or deputy is a person other than an individual — any change in the registered business address of the donee or deputy, as the case may be. [10/2016] (2) If a donor, donee or deputy changes his or her place of residence and reports the change under section 10 of the National Registration Act 1965, that donor, donee or deputy (as the case may be) is taken to have informed the Public Guardian of the change of that place of residence in accordance with subsection (1)( a ). [10/2016] (3) Where a person (“P”) lacks capacity, a donee of a lasting power of attorney created by P or a deputy appointed by the court for P, as the case may be, may on P’s behalf inform the Public Guardian in writing of any change in P’s place of residence. [10/2016]


document_id: mca-2008
provision_ref: s43B
chapter: PART 9 - MISCELLANEOUS
section: 43B
title: General exemption
content:
43B. The Minister may, by order in the Gazette , exempt any person or class of persons from all or any provisions of this Act or the regulations, either generally or in a particular case and subject to such conditions as the Minister may impose. [10/2016]


document_id: mca-2008
provision_ref: s43C
chapter: PART 9 - MISCELLANEOUS
section: 43C
title: Service of documents
content:
43C. —(1) A document that is permitted or required by this Act to be served by the Public Guardian on a person may be served as described in this section. (2) This section does not apply to documents to be served in proceedings in court for an offence or any other matter under this Act. (3) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on an individual — ( a ) by giving it to the individual personally; ( b ) by sending it by prepaid registered post or ordinary 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 or business address; ( c ) by leaving it at the individual’s residential address with an adult person apparently residing there, or at the individual’s business address with an adult person 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 given by the individual as the fax number for the service of documents under this Act; ( f ) by sending it by email to the individual’s email address; or ( g ) by sending it to the individual’s account with the electronic transaction system and notifying the individual of this fact by — (i) email to the individual’s email address; or (ii) an electronic notice to the individual’s mobile telephone number via short message service. (4) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on a partnership (other than a limited liability partnership) — ( 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 or ordinary post to, the partnership’s business address; ( c ) by sending it by fax to the fax number used at the partnership’s business address; ( d ) by sending it by email to the partnership’s email address; or ( e ) by sending it to the partnership’s account with the electronic transaction system and notifying the partnership of this fact by — (i) email to the partnership’s email address; or (ii) an electronic notice to the partnership’s mobile telephone number via short message service. (5) Subject to subsections (2), (6), (7), (8) and (9), a document may be served on a body corporate (including a limited liability partnership) or an unincorporated association — ( 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 or ordinary 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; ( d ) by sending it by email to the body corporate’s or unincorporated association’s email address; or ( e ) by sending it to the body corporate’s or unincorporated association’s account with the electronic transaction system and notifying the body corporate or unincorporated association of this fact by — (i) email to the body corporate’s or unincorporated association’s email address; or (ii) an electronic notice to the body corporate’s or unincorporated association’s mobile telephone number via short message service. (6) A document may only be served on a person by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)( g )(ii), (4)( e )(ii) or (5)( e )(ii) if the person has — ( a ) given written consent to the Public Guardian to serve any document using that manner of service; and ( b ) provided the person’s mobile telephone number to the Public Guardian for this purpose. (7) Where a person has given the person’s written consent to the Public Guardian under subsection (6)( a ) and provided the person’s mobile telephone number to the Public Guardian under subsection (6)( b ), and there is a change to the person’s mobile telephone number, the person must, as soon as practicable but not later than the prescribed period, give notice to the Public Guardian of such change in any manner and form that the Public Guardian requires. (8) Each of the following notices may not be served by sending it to the person’s account with the electronic transaction system and notifying the person of this fact by an electronic notice to the person’s mobile telephone number via short message service under subsection (3)( g )(ii), (4)( e )(ii) or (5)( e )(ii): ( a ) a notice under section 11(5)( b ) or ( c ); ( b ) a notice under paragraph 5 of the First Schedule; ( c ) a notice of cancellation of registration of an instrument as a lasting power of attorney under paragraph 12(2) of the First Schedule; ( d ) a notice to inform a person of the Public Guardian’s refusal to register the person as a professional deputy under section 25A; ( e ) a notice of intention to cancel the registration of a professional deputy under section 25A(5); ( f ) a notice of intention to rectify a register under section 33A(2). (9) The notices mentioned in subsection (8)( a ) and ( c ) to ( f ) may not be served by ordinary post. (10) Service of a document on a person under this section takes effect — ( a ) if the document is sent by prepaid registered post — on the second day after the day the document was posted (even if it is returned undelivered); ( b ) if the document is sent by fax and a notification of successful transmission is received — on the day of the transmission; ( c ) if the document is sent by email — at the time that the email becomes capable of being retrieved by the person at the email address of the person; or ( d ) if the document is sent to the person’s account with the electronic transaction system — at the time when an electronic record of the document reaches the person’s account. (11) 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; and ( 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; “email address” means the last email address given by the addressee concerned to the Public Guardian as the email address for the service of documents under this Act; “mobile telephone number” means the last mobile telephone number given by the addressee concerned to the Public Guardian as the mobile telephone number for the service of an electronic notice under subsection (3)( g )(ii), (4)( e )(ii) or (5)( e )(ii); “person”, in respect of which a document may be served, includes a partnership and an unincorporated association; “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s44
chapter: PART 9 - MISCELLANEOUS
section: 44
title: Jurisdiction of District Court
content:
44. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: mca-2008
provision_ref: s45
chapter: PART 9 - MISCELLANEOUS
section: 45
title: Amendment of Schedules
content:
45. The Minister may, by order in the Gazette , amend, add to or vary the First, Second or Third Schedule.


document_id: mca-2008
provision_ref: s46
chapter: PART 9 - MISCELLANEOUS
section: 46
title: Regulations
content:
46. —(1) The Minister may make such regulations as may be necessary or expedient for carrying out the purposes and provisions of this Act and for prescribing anything that may be required or authorised to be prescribed by this Act. [10/2016] (2) The regulations made under subsection (1) may, in particular — ( a ) prescribe different classes of professional donees, and provide for matters relating to professional donees; [Act 16 of 2021 wef 14/11/2022] ( b ) provide for matters relating to professional deputies, including but not limited to their duties, the registration of professional deputies by the Public Guardian, applications for registration, exemptions from one or more criteria for registration and cancellation of registration; [10/2016] [Act 16 of 2021 wef 14/11/2022] ( c ) prescribe the form and manner in which any prescribed notice is required to be given by any person to the Public Guardian, or to be given by a donor to a donee or vice versa; [Act 16 of 2021 wef 14/11/2022] ( d ) prescribe the persons who may be given access by the Public Guardian to view a lasting power of attorney on the electronic transaction system or obtain any information on any particular lasting power of attorney, and the requirements that must be satisfied before the Public Guardian may give such access or information, as the case may be; and [Act 16 of 2021 wef 14/11/2022] ( e ) contain such supplementary and incidental provisions as appear to the Minister to be appropriate for carrying out the purposes of Part 3A * . [*Updated to be consistent with the 2020 Revised Edition] [Act 16 of 2021 wef 14/11/2022] (3) For the purposes of subsection (2)( c ), a different form and manner may be prescribed for any notice to be given to the Public Guardian or donor or donee under different circumstances. [Act 16 of 2021 wef 14/11/2022]


document_id: mca-2008
provision_ref: s47
chapter: PART 9 - MISCELLANEOUS
section: 47
title: Savings and transitional provisions
content:
47. The provisions of the Third Schedule have effect with respect to transitional matters arising from the repeal of Part I of the Mental Disorders and Treatment Act (Cap. 178, 1985 Revised Edition).


document_id: mda-1973
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aircraft” has the meaning given by section 2(1) of the Air Navigation Act 1966; “approved institution” means any institution or place declared by the Minister to be an approved institution under section 35; “article liable to seizure” means any money, thing, controlled equipment or controlled material by means of or in respect of which an offence under this Act has been committed or which contains or constitutes evidence of an offence under this Act; [Act 12 of 2023 wef 01/06/2023] “autonomous system”, in relation to a motor vehicle or vessel, means a system that enables the operation of the motor vehicle or vessel without the active physical control of, or monitoring by, a human operator; “autonomous vehicle” means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle; “cannabis” means any part of a plant of the genus Cannabis, or any part of such plant, by whatever name it is called; “cannabis mixture” means any mixture of vegetable matter containing tetrahydrocannabinol and cannabinol in any quantity; “cannabis resin” means any substance containing resinous material and in which is found tetrahydrocannabinol and cannabinol in any quantity; “Class A drug”, “Class B drug” and “Class C drug” mean any of the substances and products for the time being specified in Parts 1, 2 and 3 of the First Schedule, respectively; “Commissioner of Prisons” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933; “committee of inquiry” means a committee of inquiry convened under section 41; “community rehabilitation centre” means any place declared by the Minister as such under section 35; “controlled drug” means any substance or product which is for the time being specified in Part 1, 2 or 3 of the First Schedule or anything that contains any such substance or product; “controlled equipment, controlled material or controlled substance” means any equipment, material or substance, respectively, specified in the Third Schedule; “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside Singapore to be a law providing for the control and regulation in that country of — ( a ) the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; or ( b ) the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties; “Director” means the Director of the Central Narcotics Bureau appointed under section 3(1); “drug addict” means a person who, through the use of any controlled drug or psychoactive substance, has developed — ( a ) a desire or need to continue to take that controlled drug or psychoactive substance; or [Act 12 of 2023 wef 01/06/2024] ( b ) a psychological or physical dependence upon the effect of that controlled drug or psychoactive substance; [Act 12 of 2023 wef 01/06/2024] “excluded substance” means a substance specified in the Fifth Schedule; [Act 12 of 2023 wef 01/06/2024] “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001; “Home Team Science and Technology Agency” means the Home Team Science and Technology Agency established by section 3 of the Home Team Science and Technology Agency Act 2019; [Act 12 of 2023 wef 01/06/2024] “immigration officer” has the meaning given by the Immigration Act 1959; “inmate” means a person who is detained in an approved institution or a community rehabilitation centre; “manufacture”, in relation to — ( a ) a controlled drug, includes any process of producing the drug and the refining or transformation of one drug into another; [Act 12 of 2023 wef 01/06/2024] ( b ) a controlled substance, includes any process of producing the substance and the refining or transformation of one substance into another; or [Act 12 of 2023 wef 01/06/2024] ( c ) a psychoactive substance, includes any process of producing the substance and the refining or transformation of one substance into another; [Act 12 of 2023 wef 01/06/2024] “officer of customs” has the meaning given by the Customs Act 1960; “officer of the Bureau” means the Director or any person appointed under section 3 as a Deputy Director, a Divisional Director or an officer of the Central Narcotics Bureau; “opium” means any substance containing in any quantity morphine and one or more of the following, namely, codeine, narcotine, papaverine and thebaine but does not include poppy-straw which is not mixed in any such substance; “permanent resident of Singapore” has the meaning given by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “place” includes — ( a ) any building or structure, whether permanent or temporary; ( b ) any land, whether or not built on; ( c ) any place, whether or not enclosed, and whether or not situated underground or underwater; ( d ) any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and ( e ) any part of any place mentioned in paragraphs ( a ) to ( d ); “police officer” has the meaning given by the Police Force Act 2004; “prison officer” has the meaning given by the Prisons Act 1933; “psychoactive effect” means the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the individual’s mental functioning or emotional state; [Act 12 of 2023 wef 01/06/2024] “psychoactive substance” — ( a ) means a substance or product that has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; but ( b ) does not include an excluded substance; [Act 12 of 2023 wef 01/06/2024] “regulations” means any regulations made under this Act; “Review Committee”, in relation to an approved institution, means the Review Committee appointed for the institution under section 37; “senior officer of customs” has the meaning given by the Customs Act 1960; “special police officer” means a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004; “specified drug”, except for the purposes of the Second Schedule, means a drug specified in the Fourth Schedule; “traffic” means — ( a ) to sell, give, administer, transport, send, deliver or distribute; or ( b ) to offer to do anything mentioned in paragraph ( a ), otherwise than under the authority of this Act, and “trafficking” has a corresponding meaning; “unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966; “unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel; “vehicle” means any means of transport used on land, whether self-propelled or not, such as a train, motor car, bicycle or personal mobility device; “vessel” includes a floating facility; “vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgment in relation to the commission of any offence under this Act; “young person” means any person who is below 21 years of age. [30/2012; 1/2014; 1/2019]


document_id: mda-1973
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Director and other officers of Central Narcotics Bureau
content:
3. —(1) The Minister may appoint a Director of the Central Narcotics Bureau and such numbers of Deputy Directors, Divisional Directors and other officers as the Minister may think fit. [30/2012] (2) All officers of the Bureau appointed by the Minister before 12 December 1975 are deemed to have been appointed under subsection (1). (3) Subject to the provisions of this Act, the powers and functions conferred upon the Director under this Act, and the duties required to be discharged by him or her may, subject to such limitations as the Director may impose, be exercised and discharged by any Deputy Director or Divisional Director of the Central Narcotics Bureau duly authorised by the Director to act on his or her behalf. [30/2012] (4) The Director may issue such orders not inconsistent with the provisions of this Act and the regulations made under this Act, to be called General Orders, as he or she may think necessary and expedient for the control, direction and information of the officers of the Bureau. [30/2012] (5) It is not necessary to publish any General Orders in the Gazette . [30/2012]


document_id: mda-1973
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Advisory committees
content:
4. —(1) For the purpose of assisting in the administration of this Act, the Minister may appoint such advisory committees as he or she thinks fit. (2) Every such committee has such functions as the Minister may determine. (3) Subject to the regulations, every such committee may regulate its own procedure.


document_id: mda-1973
provision_ref: s5
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 5
title: Trafficking in controlled drugs
content:
5. —(1) Except as authorised by this Act, it shall be an offence for a person, on his or her own behalf or on behalf of any other person, whether or not that other person is in Singapore — ( a ) to traffic in a controlled drug; ( b ) to offer to traffic in a controlled drug; or ( c ) to do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug. (2) For the purposes of this Act, a person commits the offence of trafficking in a controlled drug if he or she has in his or her possession that drug for the purpose of trafficking.


document_id: mda-1973
provision_ref: s6
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 6
title: Manufacture of controlled drugs
content:
6. Except as authorised by this Act, it shall be an offence for a person to manufacture a controlled drug.


document_id: mda-1973
provision_ref: s7
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 7
title: Import and export of controlled drugs
content:
7. Except as authorised by this Act, it shall be an offence for a person to import into or export from Singapore a controlled drug.


document_id: mda-1973
provision_ref: s8
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 8
title: Possession and consumption of controlled drugs
content:
8. Except as authorised by this Act, it shall be an offence for a person to — ( a ) have in his or her possession a controlled drug; or ( b ) smoke, administer to himself or herself or otherwise consume — (i) a controlled drug, other than a specified drug; or (ii) a specified drug.


document_id: mda-1973
provision_ref: s8A
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 8A
title: Consumption of drug outside Singapore by citizen or permanent resident
content:
8A. —(1) Section 8( b ) has effect in relation to a person who is a citizen of Singapore or a permanent resident of Singapore outside as well as within Singapore where he or she is found as a result of urine tests conducted under section 31(4)( b ) to have smoked, administered to himself or herself or otherwise consumed a controlled drug or a specified drug. (2) Where an offence under section 8( b ) is committed by a person mentioned in subsection (1) in any place outside Singapore, he or she may be dealt with as if that offence had been committed within Singapore.


document_id: mda-1973
provision_ref: s9
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 9
title: Possession of pipes, utensils, etc.
content:
9. Except as authorised by this Act, it shall be an offence for a person to have in his or her possession any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug.


document_id: mda-1973
provision_ref: s10
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 10
title: Cultivation of cannabis, opium and coca plants
content:
10. It shall be an offence for a person to cultivate any plant of the genus Cannabis, or any plant of the species papaver somniferum or any plant of the genus erythroxylon from which cocaine can be extracted.


document_id: mda-1973
provision_ref: s10A
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 10A
title:
Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs

content:
10A. —(1) Any person who — ( a ) manufactures any controlled equipment, controlled material or controlled substance; ( b ) supplies any controlled equipment, controlled material or controlled substance to another person; ( c ) has in his or her possession any controlled equipment, controlled material or controlled substance; or ( d ) imports or exports any controlled equipment, controlled material or controlled substance, knowing or having reason to believe that the controlled equipment, controlled material or controlled substance is to be used in or for the manufacture of a controlled drug in contravention of section 6 shall be guilty of an offence. (2) It is not a defence to a person who contravenes subsection (1)( d ) in respect of any controlled equipment, controlled material or controlled substance to show that the equipment, material or substance is the subject of a licence, permit or any other form of authorisation issued or granted under any regulations made under section 10B.


document_id: mda-1973
provision_ref: s10B
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 10B
title: Regulations on controlled equipment, material or substances
content:
10B. —(1) The Minister may by regulations make provisions for — ( a ) the licensing, by such person or authority as may be prescribed, of persons who intend to import or export any controlled equipment, controlled material or controlled substance; ( b ) the regulation and control of the import or export of any controlled equipment, controlled material or controlled substance; ( c ) imposing requirements for the registration of premises used in connection with the import, export, manufacture, processing, storage, distribution or supply of any controlled equipment, controlled material or controlled substance; ( d ) imposing requirements as to the documentation of transactions involving any controlled equipment, controlled material or controlled substance; ( e ) requiring the keeping of records and the furnishing of information with respect to any controlled equipment, controlled material or controlled substance; ( f ) the inspection and production of records kept pursuant to the regulations; and ( g ) the labelling of consignments of any controlled equipment, controlled material or controlled substance. (2) Regulations made under subsection (1) may, in particular, require — ( a ) the notification of the proposed exportation of any controlled equipment, controlled material or controlled substance to such countries as may be specified in the regulations; and ( b ) the production, in such circumstances as may be specified, of evidence that the required notification has been given, and any such equipment, material or substance is deemed to be exported contrary to a restriction for the time being in force with respect to the equipment, material or substance under such regulations if it is exported without the requisite notice being given. (3) Regulations made under this section may make different provisions in relation to different controlled equipment, controlled material or controlled substance and in relation to different cases or circumstances. (4) Regulations made under this section may provide that any person who contravenes any provision thereof shall be guilty of an offence and shall be liable on conviction to be punished with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 3 years or with both as may be specified in the regulations. (5) No information obtained pursuant to any regulations made under this section is to be disclosed except for the purposes of criminal proceedings or of proceedings under or in relation to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.


document_id: mda-1973
provision_ref: s11
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11
title: Responsibilities of owners, tenants, etc.
content:
11. It shall be an offence for a person being the owner, tenant, occupier or person in charge of any place or premises, to permit or suffer such place or premises or any part thereof to be opened, kept or used for — ( a ) the purpose of smoking, administration or consumption of any controlled drug in contravention of section 8( b ); or [Act 12 of 2023 wef 01/06/2023] ( b ) the unlawful trafficking in or the unlawful manufacturing of any controlled drug.


document_id: mda-1973
provision_ref: s11A
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11A
title: Arranging or planning gatherings where controlled drugs are to be consumed or trafficked
content:
11A. —(1) Where there is a gathering of 2 or more persons in any place, any person who arranges or plans the gathering with the knowledge that any controlled drug is, or is to be, consumed or trafficked at that gathering shall be guilty of an offence and shall on conviction — ( a ) be punished with imprisonment for a term of not less than 3 years and not more than 20 years; and ( b ) be liable to caning of not more than 10 strokes. [30/2012] (2) A person may be guilty of an offence under subsection (1) even though he or she does not supply any controlled drug to be consumed or trafficked at that gathering. [30/2012]


document_id: mda-1973
provision_ref: s11B
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11B
title: Exposing child to drugs, etc., and permitting young person to consume drugs
content:
11B. —(1) Any person of or above 21 years of age who, being in possession of any controlled drug or drug paraphernalia — ( a ) knowingly or recklessly leaves the controlled drug or drug paraphernalia — (i) exposed in any place; or (ii) in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and ( b ) knows that any child has, or is likely to have, access to — (i) the place where the controlled drug or drug paraphernalia is left exposed; or (ii) the refrigerator, cupboard, cabinet, box, chest or other article in which the controlled drug or drug paraphernalia is located, shall be guilty of an offence. [1/2019] (2) Any person of or above 21 years of age who, being in possession of any controlled drug — ( a ) permits a young person to smoke, administer (whether or not to himself or herself) or consume the controlled drug; or ( b ) does not take all reasonable steps to prevent a young person from smoking, administering (whether or not to himself or herself) or consuming the controlled drug, shall be guilty of an offence. [1/2019] (3) Subject to subsection (3A), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term not exceeding 10 years. [Act 12 of 2023 wef 01/06/2024] (3A) If a person — ( a ) has a previous conviction under subsection (1) or (2) or section 11N(1) or (2); and ( b ) is convicted of an offence under subsection (1) or (2), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [Act 12 of 2023 wef 01/06/2024] (4) Subsection (1) does not apply in relation to a person who is in possession of any controlled drug or drug paraphernalia if the possession of the controlled drug or drug paraphernalia is authorised under this Act. [1/2019] (5) In this section — “child” means any person below 16 years of age; “drug paraphernalia” means any pipe, syringe, utensil, apparatus or other article for the purpose of smoking, administering or consuming a controlled drug. [1/2019]


document_id: mda-1973
provision_ref: s11C
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11C
title: Introducing drug trafficker to another person
content:
11C. —(1) A person ( A ) who, knowing or having reason to believe — ( a ) that — (i) another person ( B ) intends to procure, whether or not for himself or herself, any controlled drug; and (ii) the possession of the controlled drug by B (or a person that B is procuring the controlled drug for) would not be authorised under this Act; or ( b ) that another person ( B ) intends, without any authorisation under this Act, to smoke, administer (whether or not to himself or herself) or consume any controlled drug, introduces B (whether or not through the use of any electronic media) to a person whom A knows or has reason to believe is trafficking in any controlled drug and is likely to supply B with any controlled drug shall be guilty of an offence. [Act 12 of 2023 wef 01/06/2023] (2) Subject to subsection (2A), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years. [Act 12 of 2023 wef 01/06/2024] (2A) If a person — ( a ) has a previous conviction under subsection (1) or section 11O(1); and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [Act 12 of 2023 wef 01/06/2024] (3) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that — ( a ) B procures, smokes, administers or consumes any controlled drug after the introduction is made; or ( b ) both A and B are within Singapore at the time the introduction is made, as long as either A or B is within Singapore at that time. [1/2019] (4) In this section, “introduce” includes giving any address, telephone number, email address or any other details of one person to another person. [1/2019]


document_id: mda-1973
provision_ref: s11D
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11D
title: Instructing person to cultivate cannabis, etc., or to manufacture or consume controlled drugs, etc.
content:
11D. —(1) Any person ( A ) who, whether or not through the use of any electronic media, teaches or instructs another person ( B ) to carry out, or who provides information to B on the carrying out of, any of the following activities: ( a ) the cultivating of any plant of the genus Cannabis, or any plant of the species papaver somniferum or any plant of the genus erythroxylon from which cocaine can be extracted; ( b ) the manufacture of any controlled drug; ( c ) the smoking, administering or consuming of any controlled drug; ( d ) the trafficking or doing of any act preparatory to or for the purpose of trafficking in any controlled drug; ( e ) the importing into or exporting from Singapore of any controlled drug, knowing or having reason to believe that B intends to carry out the activity, shall be guilty of an offence. [1/2019] (2) Any person who disseminates or publishes, or causes the dissemination or publication of, information (whether or not through the use of any electronic media) on the carrying out of any activity mentioned in subsection (1) shall be guilty of an offence. [1/2019] (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years. [Act 12 of 2023 wef 01/06/2024] (4) If a person — ( a ) has a previous conviction under subsection (1) or section 11P(1); and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [Act 12 of 2023 wef 01/06/2024] (4A) Subject to subsection (4B), a person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. [Act 12 of 2023 wef 01/06/2024] (4B) If a person — ( a ) has a previous conviction under subsection (2) or section 11P(2); and ( b ) is convicted of an offence under subsection (2), that person shall on conviction be punished with imprisonment for a term of not less than one year and not more than 5 years. [Act 12 of 2023 wef 01/06/2024] (5) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove, in relation to any activity mentioned in that subsection for which B is taught, instructed or provided with information, that — ( a ) B carries out the activity after B is so taught, instructed or provided with information; or ( b ) both A and B are within Singapore at the time when B is so taught, instructed or provided with information, as long as either A or B is within Singapore at that time. [1/2019] (6) Subsection (1) does not apply in relation to A teaching or instructing B to carry out, or providing information to B on the carrying out of, any activity mentioned in that subsection if the teaching, instructing or provision of information is authorised under this Act. [1/2019] (7) It is a defence to a charge under subsection (1) if A who teaches or instructs B to carry out, or provides information to B on the carrying out of, any activity mentioned in that subsection proves, on a balance of probabilities, that the teaching, instructing or provision of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art. [1/2019] (8) Subsection (2) does not apply in relation to any dissemination or publication of information on the carrying out of any activity mentioned in subsection (1) if the dissemination or publication of information is authorised under this Act. [1/2019] (9) It is a defence to a charge under subsection (2) if the person who disseminates or publishes information on the carrying out of any activity mentioned in subsection (1) proves, on a balance of probabilities, that the dissemination or publication of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art. [1/2019]


document_id: mda-1973
provision_ref: s11E
chapter: PART 2 - OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES
section: 11E
title: Causing or procuring young person or vulnerable person to commit certain offences
content:
11E. Any person of or above 21 years of age who causes or procures any young person or vulnerable person to commit any offence under section 5(1) or 7 shall be guilty of an offence. [1/2019]


document_id: mda-1973
provision_ref: s11F
chapter: PART 2A - OFFENCES INVOLVING
section: 11F
title: Trafficking in psychoactive substance
content:
11F. —(1) Except as authorised by this Act, it shall be an offence for a person, on his or her own behalf or on behalf of any other person, whether or not that other person is in Singapore — ( a ) to traffic in a psychoactive substance; ( b ) to offer to traffic in a psychoactive substance; or ( c ) to do or offer to do any act preparatory to or for the purpose of trafficking in a psychoactive substance. (2) For the purposes of this Act, a person commits the offence of trafficking in a psychoactive substance if he or she has in his or her possession that psychoactive substance for the purpose of trafficking. (3) Subject to subsections (4) and (5), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine of not less than $4,000 and not more than $10,000. (4) Subject to subsection (5), where a person — ( a ) has a previous conviction — (i) under subsection (1) or section 11H(1); or (ii) under section 5(1) or 7, at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 4 years and not more than 20 years and shall also be liable to a fine of not less than $8,000 and not more than $20,000. (5) If a person of or above 21 years of age is convicted of an offence under subsection (1) and the intended recipient of the psychoactive substance which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with — ( a ) imprisonment for a term of not less than 4 years and not more than 20 years; and ( b ) not less than 4 strokes and not more than 15 strokes of the cane. (6) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused intended or believed that the psychoactive substance would be used for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11G
chapter: PART 2A - OFFENCES INVOLVING
section: 11G
title: Manufacture of psychoactive substance
content:
11G. —(1) Except as authorised by this Act, it shall be an offence for a person to manufacture a psychoactive substance. (2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be liable to a fine of not less than $10,000 and not more than $20,000. (3) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused manufactured the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11H
chapter: PART 2A - OFFENCES INVOLVING
section: 11H
title: Import and export of psychoactive substance
content:
11H. —(1) Except as authorised by this Act, it shall be an offence for a person to import into or export from Singapore a psychoactive substance. (2) Subject to subsections (3) and (4), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 3 years and not more than 20 years and shall also be liable to a fine of not less than $6,000 and not more than $20,000. (3) Subject to subsection (4), where a person — ( a ) has a previous conviction — (i) under subsection (1) or section 11F(1); or (ii) under section 5(1) or 7, at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 4 years and not more than 20 years and shall also be liable to a fine of not less than $8,000 and not more than $20,000. (4) If a person of or above 21 years of age is convicted of an offence under subsection (1) and the intended recipient of the psychoactive substance which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with — ( a ) imprisonment for a term of not less than 4 years and not more than 20 years; and ( b ) not less than 4 strokes and not more than 15 strokes of the cane. (5) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that the accused imported or exported the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11I
chapter: PART 2A - OFFENCES INVOLVING
section: 11I
title: Possession and consumption of psychoactive substance
content:
11I. —(1) Except as authorised by this Act, it shall be an offence for a person to — ( a ) have in his or her possession a psychoactive substance; or ( b ) smoke, administer to himself or herself or otherwise consume, a psychoactive substance. (2) Subject to subsection (3), a person who is guilty of an offence under subsection (1)( a ) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both. (3) If a person — ( a ) has a previous conviction — (i) under subsection (1)( a ); or (ii) under section 8( a ), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1)( a ), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000. (4) In any proceedings for an offence under subsection (1)( a ), it is a defence for the accused to prove, on a balance of probabilities, that the accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11J
chapter: PART 2A - OFFENCES INVOLVING
section: 11J
title: Consumption of psychoactive substance outside Singapore by citizen or permanent resident
content:
11J. —(1) Section 11I(1)( b ) has effect in relation to a person who is a citizen of Singapore or a permanent resident of Singapore outside as well as within Singapore where he or she is found as a result of urine tests conducted under section 31(4)( b ) to have smoked, administered to himself or herself or otherwise consumed a psychoactive substance. (2) Where an offence under section 11I(1)( b ) is committed by a person mentioned in subsection (1) in any place outside Singapore, he or she may be dealt with as if that offence had been committed within Singapore. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11K
chapter: PART 2A - OFFENCES INVOLVING
section: 11K
title: Possession of paraphernalia for consumption, etc., of psychoactive substance
content:
11K. —(1) Except as authorised by this Act, it shall be an offence for a person to have in his or her possession any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a psychoactive substance in contravention of section 11I(1)( b ). (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11L
chapter: PART 2A - OFFENCES INVOLVING
section: 11L
title: Responsibilities of owners, tenants, etc.
content:
11L. —(1) It shall be an offence for a person being the owner, tenant, occupier or person in charge of any place or premises, to permit or allow that place or premises or any part of that place or premises, to be opened, kept or used for — ( a ) the purpose of smoking, administration or consumption of any psychoactive substance in contravention of section 11I(1)( b ); or ( b ) the unlawful trafficking in or the unlawful manufacturing of any psychoactive substance. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not less than 12 months and not more than 5 years or to both. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11M
chapter: PART 2A - OFFENCES INVOLVING
section: 11M
title: Arranging or planning gatherings where psychoactive substances are to be consumed or trafficked
content:
11M. —(1) Where there is a gathering of 2 or more persons in any place, any person who arranges or plans the gathering with the knowledge that any psychoactive substance is, or is to be, smoked, administered or consumed in contravention of section 11I(1)( b ) or unlawfully trafficked at that gathering shall be guilty of an offence. (2) Subject to subsection (3), a person who is guilty of an offence under subsection (1) shall on conviction — ( a ) be punished with imprisonment for a term of not less than 3 years and not more than 20 years; and ( b ) be liable to caning of not more than 10 strokes. (3) If a person of or above 21 years of age is convicted of an offence under subsection (1) and the gathering consists of any young person or vulnerable person, that person so convicted shall be punished with — ( a ) imprisonment for a term of not less than 5 years and not more than 20 years; and ( b ) not less than 3 strokes and not more than 10 strokes of the cane. (4) A person may be guilty of an offence under subsection (1) even though he or she does not supply any psychoactive substance to be consumed or trafficked at that gathering. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11N
chapter: PART 2A - OFFENCES INVOLVING
section: 11N
title:
Exposing child to psychoactive substance, etc., and permitting young person to consume psychoactive substance

content:
11N. —(1) A person of or above 21 years of age shall be guilty of an offence if the person, being in possession of any psychoactive substance or paraphernalia — ( a ) knowingly or recklessly leaves the psychoactive substance or paraphernalia — (i) exposed in any place; or (ii) in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and ( b ) knows that any child has, or is likely to have, access to — (i) the place where the psychoactive substance or paraphernalia is left exposed; or (ii) the refrigerator, cupboard, cabinet, box, chest or other article in which the psychoactive substance or paraphernalia is located. (2) A person of or above 21 years of age shall be guilty of an offence if the person, being in possession of any psychoactive substance — ( a ) permits a young person to smoke, administer (whether or not to himself or herself) or consume the psychoactive substance; or ( b ) does not take all reasonable steps to prevent a young person from smoking, administering (whether or not to himself or herself) or consuming the psychoactive substance. (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term not exceeding 10 years. (4) If a person — ( a ) has a previous conviction — (i) under subsection (1) or (2); or (ii) under section 11B(1) or (2), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1) or (2), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. (5) Subsection (1) does not apply in relation to a person who is in possession of any psychoactive substance or paraphernalia if the possession of the psychoactive substance or paraphernalia is authorised under this Act. (6) In any proceedings for an offence under subsection (1) in relation to the possession of a psychoactive substance, it is a defence for the accused to prove, on a balance of probabilities, that the accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. (7) In this section — “child” means any person below 16 years of age; “paraphernalia” means any pipe, syringe, utensil, apparatus or other article for the purpose of smoking, administering or consuming a psychoactive substance. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11O
chapter: PART 2A - OFFENCES INVOLVING
section: 11O
title: Introducing psychoactive substance trafficker to another person
content:
11O. —(1) A person ( A ) who, knowing or having reason to believe — ( a ) that — (i) another person ( B ) intends to procure, whether or not for himself or herself, any psychoactive substance; and (ii) the possession of the psychoactive substance by B (or a person that B is procuring the psychoactive substance for) would not be authorised under this Act; or ( b ) that another person ( B ) intends, without any authorisation under this Act, to smoke, administer (whether or not to himself or herself) or consume any psychoactive substance, introduces B (whether or not through the use of any electronic media) to a person whom A knows or has reason to believe is trafficking in any psychoactive substance and is likely to supply B with any psychoactive substance, shall be guilty of an offence. (2) Subject to subsection (3), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years. (3) If a person — ( a ) has a previous conviction — (i) under subsection (1); or (ii) under section 11C(1), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. (4) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that — ( a ) B procures, smokes, administers or consumes any psychoactive substance in contravention of section 11I(1)( b ) after the introduction is made; or ( b ) both A and B are within Singapore at the time the introduction is made, as long as either A or B is within Singapore at that time. (5) In any proceedings for an offence under subsection (1)( a ), it is a defence for the accused to prove, on a balance of probabilities, that the accused believed that B intended to procure the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. (6) In this section, “introduce” includes giving any address, telephone number, email address or any other details of one person to another person. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11P
chapter: PART 2A - OFFENCES INVOLVING
section: 11P
title: Instructing person to manufacture or consume psychoactive substance, etc.
content:
11P. —(1) A person ( A ) who, whether or not through the use of any electronic media, teaches or instructs another person ( B ) to carry out, or who provides information to B on the carrying out of, any of the following activities: ( a ) the manufacture of any psychoactive substance; ( b ) the smoking, administering or consuming of any psychoactive substance; ( c ) the trafficking or doing of any act preparatory to or for the purpose of trafficking in any psychoactive substance; ( d ) the importing into or exporting from Singapore of any psychoactive substance, knowing or having reason to believe that B intends to carry out the activity, shall be guilty of an offence. (2) A person who disseminates or publishes, or causes the dissemination or publication of, information (whether or not through the use of any electronic media) on the carrying out of any activity mentioned in subsection (1) shall be guilty of an offence. (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years. (4) If a person — ( a ) has a previous conviction — (i) under subsection (1); or (ii) under section 11D(1), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (1), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. (5) Subject to subsection (6), a person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. (6) If a person — ( a ) has a previous conviction — (i) under subsection (2); or (ii) under section 11D(2), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and ( b ) is convicted of an offence under subsection (2), that person shall on conviction be punished with imprisonment for a term of not less than 12 months and not more than 5 years. (7) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove, in relation to any activity mentioned in that subsection for which B is taught, instructed or provided with information, that — ( a ) B carries out the activity after B is so taught, instructed or provided with information; or ( b ) both A and B are within Singapore at the time when B is so taught, instructed or provided with information, as long as either A or B is within Singapore at that time. (8) Subsection (1) does not apply in relation to A teaching or instructing B to carry out, or providing information to B on the carrying out of, any activity mentioned in that subsection if the teaching, instructing or provision of information is authorised under this Act. (9) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that — ( a ) if the offence relates to any activity mentioned in subsection (1) — the teaching, instructing or provision of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art; ( b ) if the offence relates to any activity mentioned in subsection (1)( a ) — the accused believed that B intended to manufacture the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption; or ( c ) if the offence relates to any activity mentioned in subsection (1)( c ) or ( d ) — the accused believed that B intended to traffic or do any act preparatory to or for the purpose of trafficking, or import or export, the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. (10) Subsection (2) does not apply in relation to any dissemination or publication of information on the carrying out of any activity mentioned in subsection (1) if the dissemination or publication of information is authorised under this Act. (11) In any proceedings for an offence under subsection (2), it is a defence for the person who disseminates or publishes information on the carrying out of any activity mentioned in subsection (1) to prove, on a balance of probabilities, that the dissemination or publication of information had a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s11Q
chapter: PART 2A - OFFENCES INVOLVING
section: 11Q
title:
Causing or procuring young person or vulnerable person to commit certain offences relating to psychoactive substances

content:
11Q. —(1) Any person of or above 21 years of age who causes or procures any young person or vulnerable person to commit any offence under section 11F(1) or 11H(1) shall be guilty of an offence. (2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with — ( a ) imprisonment for a term of not less than 4 years and not more than 20 years; and ( b ) not less than 4 strokes and not more than 15 strokes of the cane. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s12
chapter: PART 2B - GENERAL PROVISIONS ON OFFENCES
section: 12
title: Abetments and attempts punishable as offences
content:
12. Any person who abets the commission of or who attempts to commit or does any act preparatory to, or in furtherance of, the commission of any offence under this Act shall be guilty of that offence and shall be liable on conviction to the punishment provided for that offence. 12A. [ Repealed by Act 1 of 2019 ]


document_id: mda-1973
provision_ref: s13
chapter: PART 2B - GENERAL PROVISIONS ON OFFENCES
section: 13
title: Abetting or procuring commission of offences within or outside Singapore
content:
13. Any person who — ( a ) aids, abets, counsels or procures the commission in any place outside Singapore of an offence punishable under a corresponding law in force in that place; ( b ) aids, abets, counsels or procures the commission of any offence under this Act within Singapore, even though all or any of the acts constituting the aiding, abetment, counselling or procurement were done outside Singapore; or ( c ) does an act preparatory to, or in furtherance of, an act outside Singapore which if committed in Singapore would constitute an offence under this Act, shall be guilty of an offence and shall be liable on conviction — ( d ) in relation to an offence mentioned in paragraph ( a ) or ( c ), to imprisonment for a term of not less than 2 years but not more than 10 years, or to a fine of not less than $4,000 and not more than $40,000, or to both; and ( e ) in relation to an offence mentioned in paragraph ( b ), to the same punishment provided for the offence that the person aided, abetted, counselled or procured. [1/2019]


document_id: mda-1973
provision_ref: s14
chapter: PART 2B - GENERAL PROVISIONS ON OFFENCES
section: 14
title: Offences by body corporate
content:
14. Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.


document_id: mda-1973
provision_ref: s15
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 15
title: Certificate of corresponding law
content:
15. —(1) A document purporting to be issued by or on behalf of the government of a country outside Singapore and purporting to state the terms of a corresponding law in force in that country is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without further proof. (2) Such document is conclusive evidence that — ( a ) it is issued by or on behalf of the government of that country; ( b ) the terms of that law are as stated in the document; and ( c ) any fact stated in the document as constituting an offence under that law does constitute such offence.


document_id: mda-1973
provision_ref: s16
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 16
title: Certificate of analyst, etc.
content:
16. —(1) A certificate purporting — ( a ) to be signed by — (i) an analyst employed by the Health Sciences Authority or the Home Team Science and Technology Agency; or [Act 12 of 2023 wef 01/06/2024] (ii) such other person as the Minister may appoint; and [Act 5 of 2025 wef 09/03/2025] ( b ) to relate to a controlled drug, controlled substance or psychoactive substance, is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, is proof of all matters contained therein. [Act 12 of 2023 wef 01/06/2024] [Act 5 of 2025 wef 09/03/2025] (2) An appointment under subsection (1)( a )(ii) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025]


document_id: mda-1973
provision_ref: s17
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 17
title: Presumption concerning trafficking
content:
17. Any person who is proved to have had in his or her possession more than — ( a ) 100 grammes of opium; ( b ) 3 grammes of morphine; ( c ) 2 grammes of diamorphine; ( d ) 15 grammes of cannabis; ( e ) 30 grammes of cannabis mixture; ( f ) 10 grammes of cannabis resin; ( g ) 3 grammes of cocaine; ( h ) 25 grammes of methamphetamine; ( ha ) 113 grammes of ketamine; or ( i ) 10 grammes of any or any combination of the following: (i) N, α-dimethyl-3,4-(methylenedioxy)phenethylamine; (ii) α-methyl-3,4-(methylenedioxy)phenethylamine; (iii) N-ethyl-α-methyl-3,4-(methylenedioxy)phenethylamine, whether or not contained in any substance, extract, preparation or mixture, is presumed to have had that drug in possession for the purpose of trafficking unless it is proved that his or her possession of that drug was not for that purpose.


document_id: mda-1973
provision_ref: s18
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 18
title: Presumption of possession and knowledge of controlled drugs
content:
18. —(1) Any person who is proved to have had in his or her possession or custody or under his or her control — ( a ) anything containing a controlled drug; ( b ) the keys of anything containing a controlled drug; ( c ) the keys of any place or premises or any part thereof in which a controlled drug is found; or ( d ) a document of title relating to a controlled drug or any other document intended for the delivery of a controlled drug, is presumed, until the contrary is proved, to have had that drug in his or her possession. (2) Any person who is proved or presumed to have had a controlled drug in his or her possession is presumed, until the contrary is proved, to have known the nature of that drug. (3) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the controlled drug. (4) Where one of 2 or more persons with the knowledge and consent of the rest has any controlled drug in his or her possession, it is deemed to be in the possession of each and all of them.


document_id: mda-1973
provision_ref: s18A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 18A
title: Presumption of possession and knowledge of psychoactive substances
content:
18A. —(1) Any person who is proved to have had in his or her possession or custody or under his or her control — ( a ) anything containing a psychoactive substance; ( b ) the keys of anything containing a psychoactive substance; ( c ) the keys of any place or premises or any part of that place or premises in which a psychoactive substance is found; or ( d ) a document of title relating to a psychoactive substance or any other document intended for the delivery of a psychoactive substance, is presumed, until the contrary is proved, to have had that psychoactive substance in his or her possession. (2) Where a person is proved or presumed to have had a psychoactive substance in his or her possession, the person is presumed, until the contrary is proved — ( a ) to have known that the psychoactive substance has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and ( b ) to not believe (and to have had no reason to believe) that the psychoactive substance is an excluded substance. (3) The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the psychoactive substance. (4) Where one of 2 or more persons with the knowledge and consent of the rest has any psychoactive substance in his or her possession, it is deemed to be in the possession of each and all of them. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s19
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 19
title: Presumption concerning premises
content:
19. —(1) Where a pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug or psychoactive substance is found in any place or premises, it is presumed, until the contrary is proved, that the place or premises is used for the purpose of smoking, administering or consuming a controlled drug or psychoactive substance, as the case may be. [Act 12 of 2023 wef 01/06/2024] (2) Any person found in or escaping from any place or premises which is proved or presumed to be used for the purpose of smoking, administering or consuming a controlled drug or psychoactive substance is presumed, until the contrary is proved, to have been smoking, administering or consuming a controlled drug or psychoactive substance (as the case may be) in that place or premises. [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s20
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 20
title: Presumption relating to ship or aircraft
content:
20. If any controlled drug or psychoactive substance is found in any ship or aircraft, it is presumed, until the contrary is proved, that the drug or psychoactive substance has been imported in that ship or aircraft with the knowledge of the master or the captain thereof. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s21
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 21
title: Presumption relating to vehicle
content:
21. If any controlled drug or psychoactive substance is found in any vehicle, it is presumed, until the contrary is proved, to be in the possession of the owner of the vehicle and of the person in charge of the vehicle for the time being. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s22
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 22
title: Presumption relating to urine test
content:
22. If any controlled drug or psychoactive substance is found in the urine of a person as a result of both urine tests conducted under section 31(4)( b ), he or she is presumed, until the contrary is proved, to have consumed that controlled drug or psychoactive substance in contravention of section 8( b ) or 11I(1)( b ), as the case may be. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s22A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 22A
title: Proof of psychoactive substance
content:
22A. In any proceedings for an offence under section 11F(1), 11G(1), 11H(1), 11I(1)( a ) or ( b ), 11K(1), 11L(1), 11M(1), 11N(1) or (2), 11O(1), 11P(1) or (2) or 11Q(1) — ( a ) for the purpose of proving that a substance or product is a psychoactive substance — (i) it is sufficient for the prosecution to prove that the substance or product has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and (ii) it is not necessary for the prosecution to prove that the substance or product is not an excluded substance; and ( b ) a person who asserts that the psychoactive substance mentioned in paragraph ( a ) is an excluded substance, bears the burden of proving that assertion on a balance of probabilities. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s22B
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 22B
title: Knowledge of psychoactive substance
content:
22B. Where knowledge that a substance is a psychoactive substance is a fault element of an offence in this Act, that fault element is established if the person alleged to have committed the offence — ( a ) knows that the psychoactive substance has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; and ( b ) did not believe or had no reason to believe that the psychoactive substance is an excluded substance, whether or not that person knows the name or chemical composition of the psychoactive substance. [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s23
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 23
title: Protection of informers
content:
23. —(1) Except as provided in subsection (3) — ( a ) no information for an offence under this Act is to be admitted in evidence in any civil or criminal proceedings; and ( b ) no witness in any civil or criminal proceedings is obliged — (i) to disclose the name and address of any informer who has given information with respect to an offence under this Act; or (ii) to answer any question if the answer would lead, or would tend to lead, to the discovery of the name or address of the informer. (2) If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. (3) If — ( a ) in any proceedings before a court for an offence under this Act, the court, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he or she knew or believed to be false or did not believe to be true; or ( b ) in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the disclosure of the name of an informer, the court may permit inquiry and require full disclosure concerning the informer.


document_id: mda-1973
provision_ref: s24
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 24
title: Powers of search and seizure
content:
24. —(1) Any officer of the Bureau, police officer, special police officer or senior officer of customs may at any time — ( a ) without a warrant enter and search any place or premises in which he or she reasonably suspects that there is to be found — (i) any controlled drug, controlled substance, psychoactive substance or article liable to seizure; [Act 12 of 2023 wef 01/06/2024] (i a ) any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, which is or has been used in the commission of or in connection with an offence under this Act; or (ii) a person who has committed or is reasonably suspected to have committed any offence under this Act or any arrestable offence under the regulations; [Act 12 of 2023 wef 01/06/2023] ( b ) search any person found in that place or premises; and ( c ) seize and detain all of the following which is found in that place or premises: (i) any drug or substance that the officer reasonably suspects is a controlled drug, controlled substance, or psychoactive substance; [Act 12 of 2023 wef 01/06/2024] (ii) any article that the officer reasonably suspects is an article liable to seizure; [Act 12 of 2023 wef 01/06/2023] (iii) any vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, that the officer reasonably suspects is, has been or is intended to be, used in the commission of or in connection with an offence under this Act. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] (2) For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing. (3) [ Deleted by Act 12 of 2023 wef 01/06/2024 ] [30/2012]


document_id: mda-1973
provision_ref: s25
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 25
title: Powers of arrest
content:
25. —(1) Any officer of the Bureau, police officer, special police officer or officer of customs may arrest and search without a warrant any person who has committed or whom he or she reasonably suspects to have committed an offence under this Act or an arrestable offence under the regulations. [1/2019] [Act 12 of 2023 wef 01/06/2023] (2) Any person arrested under subsection (1), together with any drug, substance or article that the officer making the arrest reasonably suspects is a controlled drug, controlled substance, psychoactive substance or article liable to seizure, must be taken to the Central Narcotics Bureau, a police station or a customs station and may be searched. [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] (3) A woman must not be searched under this Act except by another woman. (4) An officer making an arrest under this section may seize and detain any drug, substance or article that the officer reasonably suspects is a controlled drug, controlled substance, psychoactive substance or article liable to seizure. [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s25A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 25A
title: Bail and bond
content:
25A. —(1) A person who has been arrested by an officer of the Bureau, police officer, special police officer or officer of customs under section 25(1) may be released on bail or on personal bond granted by any officer of the Bureau. (2) Division 5 (Bails and bonds) of Part 6 of the Criminal Procedure Code 2010 applies to the release of a person on bail or on personal bond under this section or section 92 or 93 of the Criminal Procedure Code 2010 (as the case may be) with the following modifications: ( a ) any reference to “officer”, “police officer” or “police officer of or above the rank of sergeant” is to be read to include an officer of the Bureau; ( b ) the reference to the Commissioner of Police in section 92(1) of the Criminal Procedure Code 2010 is to be read to include the Director. [Act 16 of 2024 wef 18/11/2024]


document_id: mda-1973
provision_ref: s26
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 26
title: Power to search ship, hovercraft, etc., and person arriving in or departing from Singapore
content:
26. —(1) Any officer of the Bureau, police officer, special police officer or officer of customs may — ( a ) stop, board and search any ship, hovercraft, aircraft, vehicle or train if he or she has reason to suspect that there is therein any controlled drug in contravention of this Act, controlled substance, psychoactive substance or any article liable to seizure; [Act 12 of 2023 wef 01/06/2024] ( b ) search any person in that ship, hovercraft, aircraft, vehicle or train; ( ba ) intercept and search any autonomous vehicle, unmanned aircraft or unmanned vessel if he or she has reason to suspect that there is in any such vehicle, aircraft or vessel — (i) any controlled drug or controlled substance; (ii) any psychoactive substance; or [Act 12 of 2023 wef 01/06/2024] (iii) [ Deleted by Act 12 of 2023 wef 01/06/2024 ] (iv) any article liable to seizure; and ( c ) search any person arriving in Singapore or about to depart from Singapore. [30/2012; 1/2019] (2) An officer may seize and detain — ( a ) any drug, substance or article that the officer reasonably suspects is a controlled drug, controlled substance, psychoactive substance or article liable to seizure as a result of any search under this section; and [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] ( b ) any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that the officer reasonably suspects has been or is intended to be used in the commission of or in connection with an offence under this Act. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] (2A) An officer may — ( a ) in relation to any autonomous vehicle, unmanned aircraft or unmanned vessel that is to be intercepted and searched under subsection (1)( ba ), direct any person whom the officer reasonably believes to be involved in operating the autonomous vehicle, unmanned aircraft or unmanned vessel — (i) to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; (ii) to stop the autonomous vehicle or unmanned vessel safely in the fastest practicable way; or (iii) to fly the unmanned aircraft or to operate the autonomous vehicle or unmanned vessel in the manner specified by the officer; ( b ) in relation to any autonomous vehicle, unmanned aircraft or unmanned vessel that is to be intercepted and searched under subsection (1)( ba ), without warrant and with such assistance and by such force as is necessary — (i) assume control of the unmanned aircraft to fly the aircraft, or to end the flight of the aircraft, or land it, safely in the fastest practicable way; (ii) assume control of the autonomous vehicle or unmanned vessel to steer the vehicle or vessel, or to stop the vehicle or vessel (as the case may be) safely in the fastest practicable way; (iii) end the flight of the unmanned aircraft, or land it, in the fastest and safest practicable way; or (iv) stop the autonomous vehicle or unmanned vessel in the fastest and safest practicable way; or ( c ) direct any person to operate any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, vehicle or train seized and detained under subsection (2)( b ), in such manner as the officer determines. [1/2019] (3) [ Deleted by Act 12 of 2023 wef 01/06/2024 ] [30/2012; 1/2019]


document_id: mda-1973
provision_ref: s26A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 26A
title: Procedure when person entitled to seized item is known, unknown or cannot be found
content:
26A. —(1) Subject to subsections (2) to (11), if a relevant officer determines that any seized item is not required for the purposes of any investigation or proceedings for any offence under this Act, the relevant officer may return the seized item to the owner of the seized item, or any person authorised by the owner. [1/2019] (2) If the owner of any seized item is known, a relevant officer must notify the owner to claim the seized item, and such notification may be given — ( a ) by posting a written notice to the owner of the seized item at the owner’s usual or last known place of residence or business in Singapore; or ( b ) in such other manner as the relevant officer thinks expedient. [1/2019] (3) If the owner or the person authorised by the owner does not claim the seized item within one month after the notification is given under subsection (2), any relevant officer may cause to be sold, or otherwise dispose of, the seized item but only after giving one month’s notice in the Gazette of the relevant officer’s intention to do so. [1/2019] (4) Despite subsection (3), if the value of the seized item is, in the opinion of the Director, less than $500, any relevant officer may cause the seized item to be sold or disposed of at any time. [1/2019] (5) If the owner or the person authorised by the owner claims the seized item after it is sold under subsection (3) or (4), the owner is only entitled to the net proceeds. [1/2019] (6) If the owner of a seized item is unknown or cannot be found, a relevant officer must issue a public notice, specifying the seized item and requiring any person who has a claim to it to appear before the relevant officer and establish the person’s claim within 6 months after the date of the public notice. [1/2019] (7) Every public notice under subsection (6) must be published in the Gazette or any daily newspaper but only if, in the opinion of the Director, the value of the seized item is at least $1,000. [1/2019] (8) If no person establishes a claim to the seized item within one month after the publication of a public notice issued under subsection (6), and if the person in whose possession the seized item was found cannot show he or she had legally acquired it, then the seized item may be sold on the order of a relevant officer. [1/2019] (9) Despite subsection (8), if the value of the seized item is, in the opinion of the Director, less than $1,000, or if keeping the seized item involves unreasonable expense or inconvenience, a relevant officer may cause the seized item to be sold or disposed of at any time. [1/2019] (10) If no person has established a claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), the ownership of the seized item or (if sold) its net proceeds is to pass and be vested in the Government absolutely. [1/2019] (11) If a person establishes the person’s claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), and the seized item has already been sold by a relevant officer, that person is only entitled to the net proceeds. [1/2019] (12) This section applies in relation to any ship, hovercraft, aircraft, vehicle or train even though it was seized before 1 August 2019. [1/2019] (13) In this section — “relevant officer” means any Deputy Director of the Central Narcotics Bureau appointed under section 3(1) or any person authorised by the Deputy Director; “seized item” means any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that is seized under section 24 or 26. [1/2019]


document_id: mda-1973
provision_ref: s27
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 27
title: Forfeiture of controlled drugs, controlled substances, psychoactive substances and articles seized
content:
27. —(1) Subject to subsection (2), where anything is seized under this Act and the owner of that thing is known, the officer who carried out the seizure must notify the owner of the thing, and the notice may be given — ( a ) by delivering a written notice to the owner personally; ( b ) by posting a written notice to the owner’s place of residence; or ( c ) in any other manner that the officer thinks expedient. [Act 12 of 2023 wef 01/06/2023] (2) The notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or his or her agent, or in the case of a ship or an aircraft, in the presence of the master or captain thereof. (3) An order for the forfeiture of any controlled drug, controlled substance, psychoactive substance or article is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such drug, substance or article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence. [Act 12 of 2023 wef 01/06/2024] (4) If there is no prosecution with regard to any controlled drug, controlled substance, psychoactive substance or article seized under this Act, that drug, substance or article is deemed to be forfeited to the Government on the expiry of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed. [1/2019] [Act 12 of 2023 wef 01/06/2024] (5) [ Deleted by Act 12 of 2023 wef 01/06/2024 ] [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s28
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 28
title: Forfeiture of ship, hovercraft, etc.
content:
28. —(1) Where a person has been convicted of an offence under this Act, the court may order to be forfeited to the Government any ship, hovercraft, aircraft, unmanned aircraft, unmanned vessel, component of the autonomous system of an unmanned vessel, or component of an unmanned aircraft system which has been proved to have been used in any manner in connection with the offence. [1/2019] (2) Where a person has been convicted of an offence under this Act, the court is to, upon the application of the Public Prosecutor, order to be forfeited to the Government any vehicle, autonomous vehicle, or component of the autonomous system of the autonomous vehicle which has been proved to have been used in any manner in connection with the offence. [1/2019] (3) This section does not apply to any ship, hovercraft or unmanned vessel of more than 200 tons net or to any aircraft or unmanned aircraft belonging to any person carrying on a regular passenger service to and from Singapore by means of that aircraft. [1/2019] (4) Any ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, must not be forfeited under this section if its owner establishes that the ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft or unmanned vessel was unlawfully in the possession of another person without the owner’s consent. [1/2019]


document_id: mda-1973
provision_ref: s29
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 29
title: Disposal of things forfeited
content:
29. —(1) All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit. (2) The Minister may, in his or her discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of anything which has been forfeited to the Government.


document_id: mda-1973
provision_ref: s30
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 30
title: Obstruction of inspection or search
content:
30. —(1) It shall be an offence for a person to — ( a ) obstruct any officer of the Bureau, police officer, officer of customs or other public officer in the exercise of any power under this Act; ( b ) fail to comply with any lawful requirement of any officer of the Bureau, police officer, officer of customs or other public officer in the execution of his or her duty under this Act; ( c ) without reasonable excuse, fail to furnish such information in his or her possession as may be required by any officer of the Bureau, police officer, officer of customs or other public officer; or ( d ) furnish to any officer of the Bureau, police officer, officer of customs or other public officer any information which the person knows or has reason to believe to be false. (2) In subsection (1), “public officer” includes any special police officer exercising any power under section 24, 25 or 26. [1/2019] [Act 12 of 2023 wef 01/06/2023]


document_id: mda-1973
provision_ref: s31
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 31
title: Urine tests
content:
31. —(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8( b ) or 11I(1)( b ), require that person to provide a specimen of the person’s urine for urine tests to be conducted under this section. [Act 12 of 2023 wef 01/06/2024] (1A) The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person — ( a ) to present himself or herself to any officer of the Bureau, immigration officer or police officer not below the rank of sergeant; and ( b ) to provide a specimen of the relevant person’s urine for urine tests to be conducted under this section as required by such officer. [1/2019] (1B) Any serviceman in the Singapore Armed Forces who is appointed by the Minister as an enforcement officer may, if the enforcement officer reasonably suspects a person subject to military law under section 3 of the Singapore Armed Forces Act 1972 to have committed an offence under section 8( b ) or 11I(1)( b ), require that person to provide a specimen of that person’s urine for urine tests to be conducted under this section. [1/2019] [Act 12 of 2023 wef 01/06/2024] (2) A person who, without reasonable excuse, fails to provide a specimen of his or her urine within such time as may be required by any of the officers referred to in subsection (1), (1A) or (1B) shall be guilty of an offence. [1/2019] (2A) A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence. [1/2019] (3) Any person (other than a citizen of Singapore or a permanent resident of Singapore) arriving in Singapore by land, sea or air who — ( a ) fails to comply with the requirement of an immigration officer under this section; or ( b ) is found as a result of urine tests conducted under subsection (4)( a ) or ( b ) to have consumed a controlled drug or psychoactive substance, may be prohibited from entering or remaining in Singapore. [Act 12 of 2023 wef 01/06/2024] (4) A specimen of urine provided under this section must be divided into 3 parts and dealt with, in such manner and in accordance with such procedure as may be prescribed, as follows: ( a ) a preliminary urine test must be conducted on one part of the urine specimen; and ( b ) each of the remaining 2 parts of the urine specimen must be marked and sealed and a urine test must be conducted on each part by a different person, being either an analyst employed by the Health Sciences Authority or any person as the Minister may appoint for such purpose. [Act 5 of 2025 wef 09/03/2025] (5) Despite subsection (4), where upon conducting any preliminary urine test under subsection (4)( a ), a part of a urine specimen has tested negative for controlled drugs and psychoactive substances, any of the officers referred to in subsection (1), (1A) or (1B) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (4)( b ). [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2024] (6) A certificate stating the result of a urine test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister appoints for such purpose. [30/2012] [Act 5 of 2025 wef 09/03/2025] (6A) An appointment under subsection (4)( b ) or (6) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (7) The certificate stating the result of a urine test may be signed by an analyst or person appointed under subsection (6) even though he or she did not personally conduct the test to analyse the urine specimen as long as the test was conducted by another person acting under his or her direction. [30/2012] (8) In this section, a specimen of urine may be collected from a person on different occasions within the time referred to in subsection (2). [30/2012] (9) In this section and section 31A — “relevant person” means — ( a ) any person discharged from an approved institution; ( b ) any person convicted of an offence, whether before, on or after the date of commencement of section 21(1)( d ) of the Misuse of Drugs (Amendment) Act 2023, under — (i) subsection (2); (ii) section 8( b ), 11I(1)( b ) or 31A(2); [Act 12 of 2023 wef 01/06/2024] (iii) section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug or psychoactive substance; or [Act 12 of 2023 wef 01/06/2024] (iv) section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug or psychoactive substance; [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] ( c ) any person subject to a supervision order made under section 34(2)( a ) whose supervision order has lapsed; or ( d ) any person who — (i) after having undergone treatment and rehabilitation at approved or other institutions; or (ii) after having been convicted of an offence under subsection (2) or section 8( b ), 11I(1)( b ) or 31A(2) or an offence under section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug or psychoactive substance, has been subject to a supervision order made pursuant to the regulations, and the supervision order has lapsed; [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] “relevant time” means — ( a ) in relation to a person mentioned in paragraph ( a ) of the definition of “relevant person”, the time the person is discharged from the approved institution; ( b ) in relation to a person mentioned in paragraph ( b ) of the definition of “relevant person”, the time the person is convicted of the offence under — (i) subsection (2); (ii) section 8( b ), 11I(1)( b ) or 31A(2); [Act 12 of 2023 wef 01/06/2024] (iii) section 26 of the Singapore Armed Forces Act 1972 involving the consumption of a controlled drug or psychoactive substance; or [Act 12 of 2023 wef 01/06/2024] (iv) section 34 of the Singapore Armed Forces Act 1972 for the consumption of a controlled drug or psychoactive substance; [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] ( c ) in relation to a person mentioned in paragraph ( c ) of the definition of “relevant person”, the time the supervision order lapses; or ( d ) in relation to a person mentioned in paragraph ( d ) of the definition of “relevant person”, the time the supervision order lapses. [1/2019]


document_id: mda-1973
provision_ref: s31A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 31A
title: Hair tests
content:
31A. —(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8( b ) or 11I(1)( b ), require that person to provide specimens of the person’s hair for a hair test to be conducted under this section. [30/2012] [Act 12 of 2023 wef 01/06/2024] (1A) The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person — ( a ) to present himself or herself to any officer of the Bureau, immigration officer or police officer not below the rank of sergeant; and ( b ) to provide specimens of the relevant person’s hair for a hair test to be conducted under this section as required by such officer. [1/2019] (2) A person who, without reasonable excuse, fails to provide specimens of his or her hair of such type and quantity as may be required by any of the officers referred to in subsection (1) or (1A) shall be guilty of an offence. [30/2012; 1/2019] (2A) A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence. [1/2019] (3) All specimens of hair provided under this section must be marked and sealed for hair testing in accordance with the prescribed procedure. [30/2012] (4) A certificate stating the result of a hair test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister appoints for such purpose. [30/2012] [Act 5 of 2025 wef 09/03/2025] (4A) An appointment under subsection (4) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (5) The certificate stating the result of a hair test may be signed by an analyst or person appointed under subsection (4) even though he or she did not personally conduct the test to analyse the specimens of hair as long as the test was conducted by another person acting under his or her direction. [30/2012]


document_id: mda-1973
provision_ref: s31B
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 31B
title: Oral fluid tests
content:
31B. —(1) Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if the officer reasonably suspects any person to have committed an offence under section 8( b ) or 11I(1)( b ), require that person to provide one or more specimens of the person’s oral fluid for the purpose of conducting any oral fluid test. [1/2019] [Act 12 of 2023 wef 01/06/2024] (2) A person who, without reasonable excuse, fails to provide any specimen of the person’s oral fluid as required under subsection (1) shall be guilty of an offence. [1/2019] (3) In this section — “oral fluid test” means a test carried out by an oral fluid testing device for the purpose of ascertaining whether any controlled drug or psychoactive substance is present in the person’s oral fluid; [Act 12 of 2023 wef 01/06/2024] “oral fluid testing device” means any device that is designed to indicate the presence of any controlled drug or psychoactive substance in the person’s oral fluid. [1/2019] [Act 12 of 2023 wef 01/06/2024]


document_id: mda-1973
provision_ref: s32
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 32
title: Power of investigation of officers of Bureau
content:
32. —(1) In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence. [Act 12 of 2023 wef 01/06/2023] (1A) [ Deleted by Act 12 of 2023 wef 01/06/2024 ] (2) In any case relating to the commission of an offence under the regulations — ( a ) where the offence is an arrestable offence, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence; and [Act 12 of 2023 wef 01/06/2023] ( b ) where the offence is a non-arrestable offence, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a non-arrestable offence. [Act 12 of 2023 wef 01/06/2023] (3) For the purposes of subsections (1) and (2)( a ), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police. [15/2010]


document_id: mda-1973
provision_ref: s32A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 32A
title: Officer of Bureau to be armed
content:
32A. Every officer of the Bureau is to be provided with such staves, arms, ammunition and other accoutrements as may be necessary for the effective discharge of his or her duties.


document_id: mda-1973
provision_ref: s33
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 33
title: Punishment for offences
content:
33. —(1) Except as provided in subsection (3B), (4A), (4B) or (4C) or under section 33A, the Second Schedule has effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this Act are punishable on conviction. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] (2) In relation to an offence under any provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) — ( a ) the third, fourth and fifth columns show, respectively, the punishments to be imposed on a person convicted of the offence according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug, except as otherwise provided in paragraph ( b ); ( b ) the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed — (i) in the case of unauthorised manufacture, in relation to such specified controlled drug as is mentioned in the second column; and (ii) in the case of unauthorised traffic, import or export or possession, in relation to a specified quantity of such controlled drug or to a controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and [Act 12 of 2023 wef 01/06/2023] ( c ) the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of the nature of the drug. (3) In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished. [15/2010] (3A) Any person convicted of an offence under section 8( b ), 31(2) or 31A(2) that is committed on or after 1 April 2019 shall on conviction be punished with imprisonment for a term of not less than one year but not more than 10 years and shall also be liable to a fine not exceeding $20,000, unless the person is punished under subsection (4), (4AA) or (4AB) or section 33A (as the case may be) for that same offence. [1/2019] (3B) If a person — ( a ) has a previous conviction under section 8( a ) or 11I(1)( a ); and [Act 12 of 2023 wef 01/06/2024] ( b ) is convicted of an offence under section 8( a ) that the sixth column of the Second Schedule specifies is subject to this subsection, that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000. [Act 12 of 2023 wef 01/06/2023] (3C) Any person convicted of an offence under section 11I(1)( b ) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both, unless the person is punished under subsection (3D) for that same offence. [Act 12 of 2023 wef 01/06/2024] (3D) If a person — ( a ) has — (i) a previous conviction under section 8( b ), 11I(1)( b ), 31(2) or 31A(2); (ii) a previous admission under section 34(2) to an approved institution; or (iii) a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and ( b ) is convicted of an offence under section 11I(1)( b ), that person shall on conviction be punished with imprisonment for a term of not less than 3 years and not more than 10 years. [Act 12 of 2023 wef 01/06/2024] (4) If any person who has a previous conviction under section 8( b ) or 31(2) is again convicted of an offence under section 8( b ) or 31(2), he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. [1/2019] (4AA) If a person — ( a ) has — (i) a previous conviction under section 11I(1)( b ) or 31A(2); [Act 12 of 2023 wef 01/06/2024] (ii) a previous admission under section 34(2) to an approved institution; or (iii) a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] ( b ) is convicted of an offence under section 8( b ) or 31(2), being an offence which is committed on or after 1 April 2019, he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. [1/2019] (4AB) If a person — ( a ) has — (i) a previous conviction under section 8( b ), 11I(1)( b ), 31(2) or 31A(2); [Act 12 of 2023 wef 01/06/2024] (ii) a previous admission under section 34(2) to an approved institution; or (iii) a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] ( b ) is convicted of an offence under section 31A(2), being an offence which is committed on or after 1 April 2019, he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. [1/2019] (4AC) A certificate purporting to be signed by an officer authorised by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature. [1/2019] (4AD) A certificate — ( a ) purporting to be signed by the registrar for the subordinate military courts, or the registrar for the Military Court of Appeal, appointed under section 82(5)( c ) of the Singapore Armed Forces Act 1972; and ( b ) purporting to relate to a person’s previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972, [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature. [1/2019] (4AE) The certificate mentioned in subsection (4AC) or (4AD) is, until the contrary is proved, evidence of the matters contained in it. [1/2019] (4A) Where — ( a ) any person is convicted of an offence under section 5(1), 7, 11F(1) or 11H(1); and [Act 12 of 2023 wef 01/06/2024] ( b ) that person is again convicted of an offence under section 5(1) or 7, that person so convicted shall be punished with — ( c ) in relation to a Class A drug — (i) imprisonment for a term of not less than 10 years and not more than 30 years; and (ii) not less than 10 strokes and not more than 15 strokes of the cane; ( d ) in relation to a Class B drug — (i) imprisonment for a term of not less than 6 years and not more than 30 years; and (ii) not less than 6 strokes and not more than 15 strokes of the cane; and ( e ) in relation to a Class C drug — (i) imprisonment for a term of not less than 4 years and not more than 20 years; and (ii) not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] (4B) If a person 21 years of age or older is convicted of an offence under section 5(1) or 7 and the intended recipient of the controlled drug which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with — ( a ) in relation to a Class A drug — (i) imprisonment for a term of not less than 10 years and not more than 30 years; and (ii) not less than 10 strokes and not more than 15 strokes of the cane; ( b ) in relation to a Class B drug — (i) imprisonment for a term of not less than 6 years and not more than 30 years; and (ii) not less than 6 strokes and not more than 15 strokes of the cane; and ( c ) in relation to a Class C drug — (i) imprisonment for a term of not less than 4 years and not more than 20 years; and (ii) not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] (4C) If a person 21 years of age or older is convicted of an offence under section 11A and the gathering consists of any young person or vulnerable person, that person so convicted shall be punished with — ( a ) imprisonment for a term of not less than 5 years and not more than 20 years; and ( b ) not less than 3 strokes and not more than 10 strokes of the cane. [30/2012] (4D) The punishment provided under subsection (4A) or (4B) in relation to an offence applies only if the punishment as shown in the sixth column of the Second Schedule is not applicable in relation to that offence. [30/2012] (5) For the purposes of this section — ( aa ) a previous conviction under section 8( a ) means a conviction under section 8( a ) at any time before, on or after the date of commencement of section 25(1)( c ) of the Misuse of Drugs (Amendment) Act 2023; [Act 12 of 2023 wef 01/06/2023] ( a ) a conviction under section 8( b ) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 8( b ); ( b ) a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 31(2); ( c ) a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 May 2013 is deemed to be a previous conviction under section 31A(2); ( d ) a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 is deemed to be a previous conviction under section 34 of the Singapore Armed Forces Act 1972; ( e ) “admission” means an admission under section 34(2) to an approved institution at any time on or after 1 October 1992; and ( f ) “convicted of an offence”, in relation to an offence under section 8( b ), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972. [1/2019]


document_id: mda-1973
provision_ref: s33A
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 33A
title: Punishment for repeat consumption of specified drugs
content:
33A. —(1) Where a person who has not less than — ( a ) 2 previous admissions; ( b ) 2 previous convictions for consumption of a specified drug under section 8( b ); ( c ) 2 previous convictions for an offence of failure to provide a urine specimen under section 31(2); ( d ) one previous admission and one previous conviction for consumption of a specified drug under section 8( b ); ( e ) one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or ( f ) one previous conviction for consumption of a specified drug under section 8( b ) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2), is convicted of an offence under section 8( b ) for consumption of a specified drug or an offence of failure to provide a urine specimen under section 31(2), the person shall on conviction be punished with — ( g ) imprisonment for a term of not less than 5 years and not more than 7 years; and ( h ) not less than 3 strokes and not more than 6 strokes of the cane. (1A) Where a person who has not less than — ( a ) 2 previous admissions; ( b ) 2 previous convictions for consumption of a specified drug under section 8( b ); ( c ) 2 previous convictions for an offence of failure to provide a urine specimen under section 31(2); ( d ) one previous admission and one previous conviction for consumption of a specified drug under section 8( b ); ( e ) one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or ( f ) one previous conviction for consumption of a specified drug under section 8( b ) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2), is convicted of an offence under section 31A(2) for failure to provide a hair specimen, being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1). [1/2019] (1B) Where a person who has not less than — ( a ) 2 previous convictions for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] ( b ) one previous admission and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] ( c ) one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972 and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); [Act 12 of 2023 wef 01/06/2023] ( d ) 2 previous convictions for an offence of failure to provide a hair specimen under section 31A(2); ( e ) one previous admission and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); ( f ) one previous conviction for consumption of a specified drug under section 8( b ) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); ( g ) one previous conviction for consumption of a specified drug under section 8( b ) and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] ( h ) one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972, and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); or [Act 12 of 2023 wef 01/06/2023] ( i ) one previous conviction for an offence of failure to provide a urine specimen under section 31(2) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2), is convicted of an offence of consumption of a specified drug under section 8( b ), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1). [1/2019] (2) Where a person who has been convicted under subsection (1), (1A) or (1B) is again convicted of an offence for consumption of a specified drug under section 8( b ), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), the person shall on conviction be punished with — ( a ) imprisonment for a term of not less than 7 years and not more than 13 years; and ( b ) not less than 6 strokes and not more than 12 strokes of the cane. [1/2019] (3) A certificate purporting to be signed by an officer authorised in writing by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate is evidence of all matters contained in it. [1/2014] (4) A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act 1972 is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate is evidence of a person’s previous conviction by a subordinate military court or the Military Court of Appeal. (5) For the purposes of this section — ( a ) a conviction under section 8( b ) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at — (i) any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or (ii) any time on or after the relevant date for the consumption of a specified drug, is deemed to be a previous conviction for consumption of a specified drug under section 8( b ); ( b ) a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction for an offence of failure to provide a urine specimen under section 31(2); ( ba ) a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 May 2013 is deemed to be a previous conviction for an offence of failure to provide a hair specimen under section 31A(2); ( bb ) a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 for an offence of consumption of a controlled drug that is a specified drug is deemed to be a previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972; [Act 12 of 2023 wef 01/06/2023] ( c ) “admission” means an admission under section 34(2) to an approved institution at — (i) any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or (ii) any time on or after the relevant date for the consumption of a specified drug; ( ca ) “convicted of an offence”, in relation to an offence under section 8( b ), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972; and ( d ) “relevant date” — (i) in relation to a conviction or admission for consumption of diamorphine, morphine or opium, means 20 July 1998; and (ii) in relation to a conviction or admission for consumption of any drug added to the Fourth Schedule after 20 July 1998, means the date on which the amendment to that Schedule for the inclusion of such drug commences. [1/2019]


document_id: mda-1973
provision_ref: s33B
chapter: PART 3 - EVIDENCE, ENFORCEMENT AND PUNISHMENT
section: 33B
title: Discretion of court not to impose sentence of death in certain circumstances
content:
33B. —(1) Where a person commits or attempts to commit an offence under section 5(1) or 7, being an offence punishable with death under the sixth column of the Second Schedule, and the person is convicted thereof, the court — ( a ) may, if the person satisfies the requirements of subsection (2), instead of imposing the death penalty, sentence the person to imprisonment for life and, if the person is sentenced to life imprisonment, the person shall also be sentenced to caning of not less than 15 strokes; or ( b ) shall, if the person satisfies the requirements of subsection (3), instead of imposing the death penalty, sentence the person to imprisonment for life. [30/2012] (2) The requirements referred to in subsection (1)( a ) are as follows: ( a ) the person convicted proves, on a balance of probabilities, that his or her involvement in the offence under section 5(1) or 7 was restricted — (i) to transporting, sending or delivering a controlled drug; (ii) to offering to transport, send or deliver a controlled drug; (iii) to doing or offering to do any act preparatory to or for the purpose of his or her transporting, sending or delivering a controlled drug; or (iv) to any combination of activities in sub‑paragraphs (i), (ii) and (iii); and ( b ) the Public Prosecutor certifies to any court that, in his or her determination, the person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore. [30/2012] (3) The requirements referred to in subsection (1)( b ) are that the person convicted proves, on a balance of probabilities, that — ( a ) his or her involvement in the offence under section 5(1) or 7 was restricted — (i) to transporting, sending or delivering a controlled drug; (ii) to offering to transport, send or deliver a controlled drug; (iii) to doing or offering to do any act preparatory to or for the purpose of his or her transporting, sending or delivering a controlled drug; or (iv) to any combination of activities in sub‑paragraphs (i), (ii) and (iii); and ( b ) he or she was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his or her mental responsibility for his or her acts and omissions in relation to the offence under section 5(1) or 7. [30/2012] (4) The determination of whether or not any person has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities shall be at the sole discretion of the Public Prosecutor and no action or proceeding shall lie against the Public Prosecutor in relation to any such determination unless it is proved to the court that the determination was done in bad faith or with malice. [30/2012]


document_id: mda-1973
provision_ref: s34
chapter: PART 4 - TREATMENT AND REHABILITATION
section: 34
title: Supervision, treatment and rehabilitation of drug addicts
content:
34. —(1) The Director may order any person whom the Director reasonably suspects to be a drug addict to be committed, for a period not exceeding 7 days, to any place specified by the Director for the purpose of any medical examination or observation. [1/2019] (2) If, as a result of such medical examination or observation under subsection (1) or both the urine tests conducted under section 31(4)( b ) or the hair test conducted under section 31A, it appears to the Director that it is necessary for any person examined or observed, or who supplied the urine specimen for the urine tests, or who supplied the hair specimens for the hair test — ( a ) to be subject to supervision, the Director may make a supervision order requiring that person to be subject to the supervision of an officer of the Bureau for a period not exceeding 5 years; or ( b ) to undergo treatment or rehabilitation or both at an approved institution, the Director may make an order in writing requiring that person to be admitted for that purpose to an approved institution. [1/2019] (2A) [ Deleted by Act 1 of 2019 ] (3) Every person who is admitted to an approved institution under this section is to be detained in the institution for a period of 12 months unless he or she is discharged earlier by the Director or the Review Committee of the institution. [1/2019] (3A) Where a person who is admitted to an approved institution under this section is transferred from that approved institution to one or more other approved institutions or to one or more community rehabilitation centres, the combined period of his or her detention in all the approved institutions and community rehabilitation centres must not be less than 12 months unless he or she is discharged earlier by the Director or the Review Committee of the approved institution or community rehabilitation centre. [30/2012; 1/2019] (4) If the Review Committee of an approved institution or a community rehabilitation centre is of the opinion that an inmate of that institution or centre whose period of detention therein is about to expire requires further treatment or rehabilitation or both, the Committee may, by order in writing, direct that the inmate be detained in the institution or centre for a further period or periods not exceeding 12 months at any one time. [30/2012; 1/2019] (4A) [ Deleted by Act 1 of 2019 ] (5) No person in respect of whom an order has been made under subsection (2)( b ) is to be detained in an approved institution or institutions or a community rehabilitation centre or centres for a period of more than 4 years after his or her admission to any approved institution pursuant to that order. [30/2012; 1/2019]


